The Himachal Pradesh Police Act, 2007

Keywords : Cattle, Criminal Misconduct, Fund, Internal Security, Leader of Opposition, Militant Activities,Offence, Range or Police Range, Service Companies, Standing Order, Terrorist Activit

THE-HIMACHAL-PRADESH-POLICE-ACT-2007-Download

THE HIMACHAL PRADESH POLICE ACT, 2007
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER-I
PRELIMINARY

Short title, commencement and extent.
Definitions.
CHAPTER-II
CONSTITUTION AND ORGANIZATION OF THE STATE
POLICE SERVICE
One Police Service for the State.
Constitution and Composition of the State Police Service.
Appointment of Director-General of Police and other officers.
Method of selection and term of office of Director-General of
Police.
Appointment of Legal Advisor and Financial Advisor.
Creation of Police Zones and Ranges.
Police Districts.
Creation of District-level Special Cells and Sub-Divisions.
Creation of Police Stations.
Tenure of office of police functionaries.
Co-ordination in matters of over-riding public importance.
General Administration.
Railway Police.
State Intelligence and Criminal Investigation Departments.
Organisation of Technical and Support Services.
Appointment of Director of StatePoliceTrainingAcademy and
Principals of PoliceTrainingCollege and Schools.
Special Police Officers.
Deployment of Additional Police.
Maintenance of records and returns.
Research and Development.
2 THE HIMACHAL PRADESH POLICE ACT, 2007
CHAPTER-III
THE CIVIL POLICE: CONTROL, DUTIES AND
RESPONSIBILITIES
Recruitment.
Oath or affirmation on first appointment.
Certificate of appointment.
Uniform and badges of rank.
Scale of arms and ammunition.
Control and Supervision.
Conduct and Discipline.
Mounted Police.
CHAPTER-IV
THE ARMED POLICE
District Armed Reserves and State Armed Police Battalions.
Role and functions.
Structure of the Armed Police Organization.
Rotation between Battalions and Armed Reserves.
Oath or affirmation on first appointment.
Certificate of appointment.
Uniform and badges of rank.
Conduct and discipline.
Training.
Deployment.
Arms, Equipment Mobility, Communications etc.
Annual report.
CHAPTER-V
ADMINISTRATION AND SUPERINTENDENCE
Administration of Police.
Powers and Responsibilities of the Director -General.
Superintendence of State Police to vest in the State
Government.
State Policing Plans, objectives of policing and priorities.
Mechanism for the evaluation of performance of the Police.
THE HIMACHAL PRADESH POLICE ACT, 2007 3
Establishment of State Police Board.
Composition of Board.
Panel for Selection of Non-Official Members.
Disqualifications.
Term of office and remuneration of Non-Official Members.
Functions of the State Police Board.
Transaction of business.
Annual report on the working of the Board.
Police Establishment Committees.
Police Gazette.
Financial Management.
Recognition of meritorious service.
CHAPTER-VI
ROLE, FUNCTIONS, DUTIES & RESPONSIBILITIES
OF THE POLICE
The role and functions of the Police.
Social Responsibilities of the Police.
Duties of the Police Service.
Superior Police Officer may himself perform duties of a
subordinate officer.
All persons bound to comply with the reasonable directions of
a Police Officer.
Arrest and detention.
Conduct prohibited for Police Officers.
CHAPTER-VII
POLICING IN RURAL AREAS
Police Service in Rural Areas.
Duties and Responsibilities of the Beat Officer.
Assistance to Gram Panchayat.
Village visits by officer-in -charge of Police Station and
supervisory Police Officers.
Consultative mechanism
4 THE HIMACHAL PRADESH POLICE ACT, 2007
CHAPTER-VIII
POLICE IN URBAN AREAS
Constitution of Urban Police Districts, Sub-Divisions and
Police Stations.
Duties and Responsibilities of Police in Urban Areas.
CHAPTER-IX
PUBLIC ORDER AND INTERNAL SECURITY
Public Order, Internal Security and Disaster Management.
Declaration of Special Security Zones.
Administration of Special Security Zones.
CHAPTER-X
CRIMINAL INVESTIGATION
Reporting and Registration of Crime.
Investigation by District Police.
Supervision by Sub-Divisional Police Officers.
Supervision by the District Superintendent of Police.
Investigation of other offences.
State Criminal Investigation Department.
Forensics.
Maintenance of Crime and Forensic Data banks.
Respect for privacy and fair investigation.
CHAPTER-XI
REGULATION, CONTROL AND DISCIPLINE
Prohibition of certain practices.
Breaches of discipline and disciplinary misconduct by a
Police Officer.
Disciplinary Penalties.
Suspension.
Appeals from orders of punishment.
Separate set of rules for Police Officers.
Police Officers always on duty.
THE HIMACHAL PRADESH POLICE ACT, 2007 5
CHAPTER-XII
POLICE ACCOUNTABILITY
State Police Complaints Authority.
District Police Complaints Authority.
Composition of the District Police Complaints Authority.
Functions of the District Police Complaints Authority.
Report of the District Police Complaints Authority.
Rights of the complainant.
Duty of the Police and other State agencies.
Bar to interfere with the functioning of the State Police
Complaints Authority or the District Police Complaints
Authority.
Performance Audit by State Bureau of Police Research and
Development.
Protection of action taken in good faith.
Funding.
CHAPTER-XIII
WELFARE AND GRIEVANCE REDRESSAL
MECHANISM
Career Progression.
Welfare Committee.
Insurance coverage, hospitals etc.
Grievance Redressal.
Working hours.
CHAPTER-XIV
OFFENCES, PENALTIES AND POWERS
Regulation of public assemblies and processions.
Assemblies and processions violating prescribed conditions.
Directions to keep order on public roads.
Power to reserve public places and erect barriers.
Regulation of the use of music and other sound systems in
and near public places.
Powers of Police Officers in respect of certain offences on
roads or public places.
Penalty for disobeying orders or directions.
6 THE HIMACHAL PRADESH POLICE ACT, 2007
Saving of control of Magistrate of the District.
Police Officers to take charge of unclaimed property.
Obstruction in Police work.
Unauthorized use of Police uniform.
Refusal to surrender certificate etc. on ceasing to be a Police
Officer.
Making a false or misleading statement.
Arrest, search, seizure and violence.
Plea that act was done under warrant.
Prosecution of Police Officers.
Prosecution for offences under other laws.
Summary disposal of certain cases.
Recovery of penalties and fines.
Limitation.
Procedure for publishing directions and public notices.
CHAPTER-XV
MISCELLANEOUS
Disposal of fees and rewards.
Method of proving orders and notifications.
Validity of rules and orders.
Officers holding charge of or succeeding to vacancies
competent to exercise powers.
Licenses and written permissions to specify conditions.
Revocation of licences and its consequences.
Public notices how to be given.
Consent of a competent authority may be proved by written
document under his signature.
Signature on notices may be stamped.
Power to remove difficulty.
Persons aggrieved may apply to State Government to annul,
reverse or alter any rule or order.
Power to make rules.
Power to make regulations.
Power to issue standing orders.
THE HIMACHAL PRADESH POLICE ACT, 2007 7
Repeal and savings.
Repeal of H.P. Ordinance No. 1 of 2007 and savings.
SCHEDULES.
THE HIMACHAL PRADESH POLICE ACT, 2007
(ACT NO. 17 OF 2007) 1
(Received the assent of the Governor on the 21st September, 2007 and
was published in Hindi and English in the Rajpatra, Himachal Pradesh (Extraordinary) , dated 26th September, 2007, pp. 5733- 5912)
An Act to consolidate and amend the law relating to the establishment
and management of the Police and matters connected therewith
or incidental thereto;
Amended, repealed or otherwise affected by,-
(i) H.P. Act No. 1 of 20082
, published both in Hindi and English in
the Rajpatra, Himachal Pradesh, dated 15th February, 2008 pp.
12345-12347. Effective from 9th October, 2007.
WHEREAS the Nation’s founding faith is the primacy of the rule of
law and the Police, as guardians of the law must promote the rule of law and
render impartial and efficient service to the people with due respect for human
rights as well as due concern for the security of the State and the Nation;
AND WHEREAS the Police needs to be professionally organized and
kept free from extraneous influences, so that it is respected by citizens and
accountable to law;
AND WHEREAS it is expedient to explicitly define the role, duties
and responsibilities of the Police, taking into account the emerging challenges
of policing, and concern for the security of the State as well the need to ensure
good governance and respect for human rights;
AND WHEREAS it is necessary to appropriately empower the Police
to enable it to function as a professionally efficient, effective and responsive
agency.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Fifty-eighth Year of the Republic of India as follows:-
Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated.
30th August, 2007, pp. 4487-4488 and
Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 21st January,
2008, pp. 11588 and 11592.
8 THE HIMACHAL PRADESH POLICE ACT, 2007
CHAPTER-I
PRELIMINARY
Short title, commencement and extent.- (1) This Act may be
called the Himachal Pradesh Police Act, 2007.
(2) It shall be deemed to have come into force on 16th day of July,
2007.
(3) It extends to the whole of the State of Himachal Pradesh.
Definitions.- (1) In this Act, unless the context otherwise requires-
(a) “Act” means the Himachal Pradesh Police Act, 2007;
(b) “Cattle” include cows, buffaloes, camels, horses, asses,
mules, sheep, goats and swine;
(c) “Commissioner” means the Divisional Commissioner of a
revenue division;
(d) “competent authority” means the authority as may be
prescribed under this Act or under the applicable rules of the
Central Government, as the case may be;
(e) “Criminal misconduct” means such misconduct which is an
offence under any criminal law in force;
(f) “District”or “revenue District”means a district constituted
under the provisions of the Himachal Pradesh Land Revenue
Act, 1954;
(g) “fund” means the Himachal Pradesh Police Fund established
under section 130 of this Act;
(h) “Gazetted Police Officer” means a Police Officer of and
above the rank of Assistant Superintendent of Police or
Deputy Superintendent of Police;
(i) “insurgency” means waging of armed struggle by a group or a
section of population against the State or the Nation with a
political objective, including the separation of a part of the
State from the territory of India;
(j) “internal security” means preservation of unity and integrity
of the State from disruptive and anti-national forces;
(k) “Leader of Opposition” means the person recognized as such
by the Speaker of the Vidhan Sabha, and includes a person
recognized as the leader of the single largest opposition group
in case there is no recognized Leader of Opposition;
(l) “militant activities” includes any violent activity of a group
using explosives, inflammable substances, firearms or other
lethal weapons or hazardous substances in order to achieve
political or other objectives;
THE HIMACHAL PRADESH POLICE ACT, 2007 9
(m) “Magistrate” means, unless the context otherwise requires, an
Executive Magistrate appointed under section 20 of the Code
of Criminal Procedure, 1973, and includes a person
exercising powers of Sub-Divisional Magistrate or District
Magistrate;
(n) “misconduct” means an act or omission of a Police Officer
which is prohibited under this Act or by the rules made
thereunder or is not in accordance with the standard of
conduct specified under this Act or is not in accordance with
the role, functions or responsibilities cast on a Police Officer
under this Act;
(o) “notification” means a notification published under proper
authority in the Official Gazette;
(p) “Non-Gazetted Police Officer” means a Non-Gazetted Police
Officer of Grade-I or Grade-II appointed under section 4 of
this Act;
(q) “offence” means any act or omission made punishable by any
law for the time being in force;
(r) “Official Gazette” means the Rajpatra of Himachal Pradesh;
(s) “organized crime” means any crime committed by a group of
persons in pursuance of a common intention of unlawful gain;
(t) “place of public amusement or public entertainment” means
such public places as may be notified by the State
Government to be a place of public amusement or public
entertainment;
(u) “Police District” means such area as may be declared to be a
Police District by the State Government, by notification,
under section 9 of the Act;
(v) “Police Officer” means any member of the Police Service for
the State;
(w) “prescribed” means prescribed by rules made under this Act;
(x) “police organization” means the various wings of the State
Police Service constituted under this Act;
(y) “public place” means such place to which the public has
access whether on payment or free of charge and includes-
(i) public buildings, markets, trains, buses and monuments
and precincts thereof;
(ii) any place accessible to the public for drawing water,
washing or bathing or for purposes of recreation; and
(iii) such other places as may be notified by the State
Government;
10 THE HIMACHAL PRADESH POLICE ACT, 2007
(z) “Range” or “Police Range” means a Range created under
section 8 of this Act;
(za) “regulations” mean regulations made under this Act;
(zb) “rules” mean rules made under this Act;
(zc) “Schedule” means a Schedule appended to this Act;
(zd) “Service Companies” mean units of the State Armed Police
Battalions and District Armed Reserve which are deployed
for law and order and other duties in support of the civil
police;
(ze) “Service” or “Police Service” means the Police Service
constituted under this Act;
(zf) “Standing Order” means a special or general order issued by
the Director-General of Police in conformity with the
provisions of this Act and the rules made thereunder;
(zg) “State” means the state of Himachal Pradesh;
(zh) “State Government” or “Government” means the Government
of Himachal Pradesh; and
(zi) “terrorist activity” means any activity of a person or a group
of persons using or threatening the use of 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 of striking terror in society or
any sector thereof, or with the intention of overawing the
Government established by law.
(2) Words and expressions used in this Act but not defined
specifically shall have the same meaning as assigned to them in the General
Clauses Act, 1897, the Code of Criminal Procedure, 1973, or the Indian Penal
Code, 1860.
CHAPTER-II
CONSTITUTION AND ORGANIZATION OF THE STATE
POLICE SERVICE
One Police Service for the State.- (1) There shall be one Police
Service for the State, called the “Himachal Pradesh Police Service” and
members of such Service shall be liable for posting to any branch of the
Service including the Armed Police or any of the specialized wings.
(2) The superintendence of the Police throughout the State shall vest
in and shall be exercised by the State Government and except as authorized
under this Act, no person, officer or Court shall or be empowered by the State
Government to supersede or control any Police functionary.
THE HIMACHAL PRADESH POLICE ACT, 2007 11
(3) Police Officers shall at all times remain accountable to the law and
responsive to the lawful needs of the people and shall observe strict code of
ethical conduct and integrity.
(4) No Police Officer shall resign his office unless he has given not
less than three month’s notice in writing to his superior officer.
Constitution and Composition of the State Police Service.- (1)
Subject to the provisions of this Act, the Police Service of the State shall be
categorized as the Civil Police and the Armed Police, each consisting of
appropriate numbers of-
(i) Non-Gazetted Police Officers Grade-II, comprising of
Constables and Head Constables;
(ii) Non-Gazetted Police Officers Grade-I, comprising of
Assistant Sub-Inspectors, Sub-Inspectors and Inspectors; and
(iii) Gazetted State Police Service Officers; and
(iv) Indian Police Service Officers serving in connection with the
affairs of the State.
(2) The State Government shall determine the strength of various
ranks in the Civil and Armed Police in a manner as may be prescribed.
(3) Recruitment of the Non-Gazetted Police Officers Grade-II to
District and State Cadres shall be made through Police Recruitment Board, in
accordance with Recruitment and Promotion Rules framed by the State
Government:
Provided that the Director-General of Police may transfer Police
Officers Grade-II from the State Cadre to a District Cadre and vice-versa
under general orders of the State Government.
(4) Promotions within the ranks of Non-Gazetted Police Officers
Grade-II shall be made in accordance with Recruitment and Promotion Rules
framed by the State Government for the purpose.
(5) Recruitment and promotions to the ranks of Non-Gazetted Police
Officers Grade-I shall be made in accordance with Recruitment and
Promotion Rules framed by the State Government:
Provided that up to 50% of the posts being directly recruited may be
reserved for Non-Gazetted Police Officers with not less 7 years service and
fulfilling the educational qualifications prescribed for direct recruits.
(6) Appointment to the Gazetted State Police Service shall be made
on the recommendations of the State Public Service Commission in
accordance with Recruitment and Promotions Rules framed by the State
Government.
(7) Officers of the Indian Police Service shall be appointed to hold
posts in the State in accordance with rules framed by the Central Government.
12 THE HIMACHAL PRADESH POLICE ACT, 2007
(8) The pay, allowances, pensions and other conditions of service of
the officers of State Police Service other than the Indian Police Service shall
be such as may be prescribed from time to time.
Appointment of director General of Police and other officers.-
(1) For the overall control and supervision of the Police Service, the State
Government shall appoint a Director-General of Police who shall exercise
such powers and perform such functions and duties and shall have such
responsibilities and such authority as may be provided by or under this Act or
rules made thereunder.
(2) The post of Director-General of Police shall be the senior-most
position in the hierarchy of the Police Service of the State and no officer
senior or equivalent in rank to the incumbent of the post of Director-General
of Police shall be posted to any position within the State Police Organization.
(3) The State Government may appoint one or more Additional
Directors-General and as many Inspectors-General and Deputy InspectorsGeneral and Assistant Inspectors-General of Police as it may consider
necessary, subject to rules made in this behalf by the Central Government.
(4) The State Government may in consultation with the DirectorGeneral of Police, by a general or special order published in the Official
Gazette, direct an Additional Director-General or Inspector-General or
Deputy-Inspector General or Assistant Inspector-General of Police to assist
and aid the Director-General of Police in the performance and exercise of his
functions, duties, responsibilities, authority and powers, in such manner and to
such extent as may be specified in such order.
(5) Subject to such general or special order of the State Government,
the Director- General of Police may, from time to time, assign specific duties
and responsibilities by a general or special standing order.
Method of Selection and Terms of office of Director General of
Police.- (1) The State Government shall appoint the Director-General of
Police from amongst officers of the Indian Police Service in the State Cadre
empanelled for the rank in accordance with rules and recommended by a three
members Screening Committee headed by the Chief Secretary constituted for
the purpose. The Screening Committee shall prepare a panel of atleast 3
suitable persons, and the Screening Committee may be asked to prepare a
fresh panel by the Government, if in its view no one from a panel is suitable.
Except in the case where the vacancy is unanticipated, the Screening
Committee shall make its recommendation before the vacancy arises;
Provided that in case the Government comes to the conclusion, for
reasons to be recorded in writing, that there is no suitable incumbent available
in the State Cadre, it may ask the Screening Committee to assess the
suitability of empanelled Indian Police Service Officers of other State Cadres
subject to their willingness and concurrence of the Central Government.
THE HIMACHAL PRADESH POLICE ACT, 2007 13
(2) The Screening Committee may devise its own procedure and shall
consider the names of all empanelled Officers of the Indian Police Service in
the State Cadre and shall make its assessment on the basis of –
(i) the performance appraisal reports;
(ii) the range of experience relevant to professional police work
including experience of work in Central Police Organizations;
(iii) clean record of service in terms of indictment of the officer in
any criminal or disciplinary proceedings or on the grounds of
corruption or moral turpitude; and
(iv) due weightage being assigned to award of medals for
Gallantry, Distinguished and Meritorious services:
Provided that where the Committee finds that no suitable Indian
Police Service Officer is available in the State Cadre, it shall make its
assessment with regard to Indian Police Service Officers of others State
Cadres, in accordance with the proviso to sub-section (1) .
(3) The Director- General of Police appointed in accordance with the
provisions of this Act shall have tenure till superannuation as may be provided
in the rules made by the Central Government in this behalf:
Provided that an incumbent may be removed from the post before the
expiry of his tenure by the State Government through a written order
specifying reasons, consequent upon-
(i) framing of charges in a criminal case by a Court of law; or
(ii) issue of charge-sheet under the provisions of the All India
Services (Discipline and Appeal) Rules or any other relevant
rules; or
(iii) suspension from service; or
(iv) incapacitation by physical or mental illness or otherwise
becoming unable to discharge his functions as DirectorGeneral of Police; or
(v) administrative exigencies, in the larger public interest :
Provided further that the officer may be allowed by the State
Government to relinquish charge of the post on-
(i) appointment to a post under the Central Government or
another State Government or an International Organization,
subject to such officer having given his consent to such a
posting; or
(ii) resignation or voluntary retirement from service.
Appointment of Legal Advisor and Financial Advisor.- The
State Government may appoint a Legal Advisor and a Financial Advisor of
such rank as may be determined by the State Government, to assist and aid the
14 THE HIMACHAL PRADESH POLICE ACT, 2007
Director-General of Police on legal and financial matters respectively, in the
discharge of his duties and functions.
Creation of Police Zones and Ranges.- (1) The State Government
may, in consultation with the Director – General of Police, by notification,
constitute the entire geographical area of the State into one or more Police
Zones, each with its headquarters. Each Zone, comprising of two or more
Police Ranges, shall be headed by an officer of the rank of Inspector-General
who shall be responsible for superintendence and control of the police
administration of the Zone and shall report to the Director-General of Police.
(2) The State Government may, in consultation with the DirectorGeneral of Police, by notification, create as many PoliceRanges as deemed
necessary, each with its headquarters. Each Range, consisting of two or more
Police Districts, shall be headed by an officer of the rank of Deputy InspectorGeneral who shall be responsible for superintendence and control of the police
administration of the Range and shall report to the Inspector-General incharge of the Zone concerned.
Police Districts.- The State Government, may in consultation with
the Director-General of Police, by notification, declare any area within the
State to be a Police District, with its headquarters. The administration of the
police throughout such district shall be under the charge of the Superintendent
of Police who may be assisted by as many Additional, Assistant or Deputy
Superintendents of Police as deemed necessary subject to the rules made for
the purpose:
Provided that the State Government may, in the public interest and for
reasons to be recorded, post such Additional, Assistant or Deputy
Superintendents of Police to a District as may be necessary, for a period not
exceeding six months.
Creation of District level Special Cells and Sub-Divisions.- (1)
For the purpose of ensuring quick and scientific level investigation of such
serious offences as may be notified, the State Government shall, in
consultation with the Director-General of Police, by notification, create a
Special Cell in each Police District, to be headed by an officer of the rank of
Additional, Assistant or Deputy Superintendent of Police, for supervision and
monitoring of investigation and for the better co-ordination of prosecution of
such cases in a Court of law.
(2) The State Government may, by notification, divide a Police
District into as many Sub-Divisions as deemed necessary each with its
headquarters, under the charge of an officer of the rank of Assistant or Deputy
Superintendent of Police, who shall be known as the Sub- Divisional Police
Officer.
Creation of Police Stations.- (1) Subject to such norms as may
be prescribed, the State Government may, in consultation with the DirectorGeneral of Police, by notification, create as many Police Stations in a Police
District as deemed necessary, with jurisdiction over such villages as may be
specified in the notification, keeping in view the population, geography of the
THE HIMACHAL PRADESH POLICE ACT, 2007 15
area, the crime rate, the workload with respect to the law & order and the
distances to be traversed by the inhabitants to reach the Police Station:
Provided that Government may create a Police Post, headed by a
Non-Gazetted Officer Grade-I and with such number of other Non-Gazetted
Police Officers as the Government may fix, within the local limits of a Police
Station and such Police Post shall be under the overall control of the officer
in-charge of the Police Station concerned and shall be deemed to be a part of
the Police Station.
(2) Two or more Police Stations may be assigned to a Police SubDivision for the purpose of control and supervision.
(3) Each Police Station shall have a Station House Officer not below
the rank of Sub-Inspector of Police, as the officer-in-charge of the Police
Station:
Provided that Police Stations having a higher population or higher
crime rate may be placed under the charge of Police Officers of the rank of
Inspector of Police.
(4) The State Government shall ensure at all times, availability of
adequate strength of staff at each Police Station, based on norms as may be
prescribed.
(5) The State Government shall endeavour to provide to each Police
Station all essential amenities such as a reception-cum-visitor’s room,
interrogation room of appropriate design, separate toilets for men and women
and separate lock-ups for men and women.
(6) In order to ensure professional and scientific investigation, each
Police Station shall have a separate Investigation wing known as the
“Criminal Investigation Unit” (CIU) staffed by such numbers of Investigation
Officers from amongst Non-Gazetted Police Officers Grade-I as may be
determined, along with appropriate numbers of Non-Gazetted Police Officers
Grade-II.
(7) The qualifications and experience for the Investigation Officers
shall be specified by regulations made by the Director-General of Police.
(8) The State Government shall ensure that every Police Station at
District Headquarters and Sub-Divisional Headquarters, and such other Police
Stations as may be notified from time to time, shall have a Women &
Children Cell staffed by women police, to record complaints of offences
against women and children.
(9) Each Police Station shall prominently display all the information
required to be made public under the Right to Information Act, 2005, and all
Standing Orders of the Director-General of Police required to be so displayed
as well as information relating to occurrence of crime, arrests, detention,
release, convictions and acquittals:
Provided that the information shall be displayed in such manner as the
Director-General of Police may by general or special Standing Order specify
16 THE HIMACHAL PRADESH POLICE ACT, 2007
from time to time and subject to such Standing Orders, the Deputy-Inspector
General within his Range, and the Superintendent of Police within the
District, may issue directions for display of such information as may be
necessary in the public interest.
(10) It shall be the duty of every officer-in-charge of a Police Station
to keep a General Diary in such form as may be prescribed and to record
therein all complaints, the names of the complainants, and charges preferred,
the names of all persons arrested, the offences charged against them, the
weapons or property that have been taken from their possession or otherwise,
and the name of the witnesses who have been examined.
Tenure of office of police functionaries.- An Officer posted as
Station House Officer or as Sub-Divisional Police Officer or as
Superintendent of Police of a District shall normally have a minimum tenure
of two years and a maximum tenure of three years, unless promoted to a
higher post earlier:
Provided that an officer may be retained for upto six months after
expiry of his tenure, in the public interest for reasons to be recorded in
writing:
Provided further that any such officer may be removed from his post
before the expiry of the minimum tenure of two years by the authority
competent to remove him for reasons to be recorded in writing, consequent
upon-
(i) filing of a charge sheet in a criminal case in a Court of law; or
(ii) serving of a charge-sheet for a major penalty under the
relevant disciplinary rules; or
(iii) suspension from service in accordance with the provisions of
the relevant disciplinary rules; or
(iv) reversion to a lower post for administrative reasons; or
(v) incapacitation by physical or mental illness or otherwise
becoming unable to discharge his functions and duties; or
(vi) administrative exigencies, in the larger public interest.
Co-ordination in matters of over-riding public importance.-
(1) The Commissioner and the District Magistrate within their jurisdiction
shall function as nodal and coordinating authorities on behalf of the State
Government and provide leadership in times of crises likely to affect the
public peace.
(2) In order that these functionaries are able to discharge these
functions effectively in matters of overriding public importance, the Deputy
Inspector-General of the Range shall keep the Commissioner fully informed
of all matters relating to the state of law and order in the Division and
potential for any concerted effort to disturb the public peace.
THE HIMACHAL PRADESH POLICE ACT, 2007 17
(3) The District Superintendent of Police shall keep the District
Magistrate fully informed on all matters in the District relating to the state of
law and order and potential for disturbance of the public peace and shall
promptly consult him on all matters of overriding public importance relating
to the Police.
(4) The Sub-Divisional Police Officer and the Station House Officer
shall keep the Sub-divisional Magistrate or the Executive Magistrate, as the
case may be, fully informed of all matters in the Sub-Division or other local
jurisdiction relating to the state of law and order and potential for disturbance
of the public peace and shall promptly consult him on all matters of overriding
public importance relating to the Police.
General Administration.- (1) For the better general
administration of the district, it shall be lawful for the District Magistrate , in
addition to the powers conferred under the provisions of the Criminal
Procedure Code or any other law for the time being in force, to issue
directions to the Police of the district in respect of the following, namely :
(i) Matters relating to the promotion of land reforms and the
settlement of land disputes including removal of
encroachments on Government land, common lands and
forest land;
(ii) Matters relating to projects of State-level importance
particularly in relation to power, industry and tourism;
(iii) Matters relating to extensive disturbance .of the public peace
and tranquility in any part of the district;
(iv) Matters relating to the conduct of elections to any public body
or holding of any function or event of public importance;
(v) Matters relating to the handling of natural or manmade
disasters or major accidents;
(vi) Matters relating to situations arising out of any external
aggression, threat to internal security, insurgency, riots,
industrial or other strikes etc.;
(vii) Matters relating to protection of women, weaker sections and
minorities;
(viii) Any matter, not within the purview of any one department
and affecting the general welfare of the people of the district
or arising out a judicial pronouncement, necessitating the
District Magistrate to use the services of the Police; and
(ix) Such other matters as the State Government may assign from
time to time in the public interest.
(2) It shall be lawful for the District Magistrate to call for information
or assistance of a general or special nature from the Police with respect to
matters specified in sub-section (1) and the Superintendent of Police shall be
18 THE HIMACHAL PRADESH POLICE ACT, 2007
duty-bound to furnish such information and all necessary assistance to the
District Magistrate for the purpose.
(3) The Superintendent of Police may, in order to provide police
service in respect of matters specified under sub-section (1) , refer a matter to
the District Magistrate to issue directions to all or any of the departments in
the district to facilitate such assistance as may be necessary, and the District
Magistrate may issue appropriate directions, which shall be complied by the
District head of the Department concerned without demur or delay.
(4) The Commissioner of a Division may, without prejudice to the
statutory powers of the District Magistrate, give general directions to a
District Magistrate in his division in respect of any of the matters specified
under this section and the District Magistrate shall give effect to such
directions.
Railway Police.- (1) The State Government may, by notification,
create one or more special police districts covering such railway areas in the
State as it may specify, and may appoint an Inspector-General, Deputy
Inspector-General, Assistant Inspector-General, Superintendent of Police, one
or more Assistant and Deputy Superintendent of Police and such other Police
Officers for each such special district as it may deem necessary.
(2) Subject to the control of the Director-General of Police, such
Police Officers shall discharge police functions connected with the
administration of railways situated within their respective jurisdiction, and
such other functions as the State Government may, from time to time, assign. .
(3) The State Government may by general or special order empower
any Police Officer to discharge such police functions as may be specified,
within the special police district or any part thereof, and exercise the powers
of an officer-in-charge of a Police Station in that district, and such Police
Officer while exercising such powers shall, subject to any such order as
aforesaid, be deemed to be an officer-in-charge of the Police Station
discharging the functions of such officer within the limits of his station.
(4) Subject to any general or special orders issued by the State
Government, such Police Officers shall, in the discharge of their functions, be
vested within the State with the powers and privileges and be liable under this
Act or any other law for the time being in force.
(5) The Superintendent of Police may, with the previous approval of
the State Government, delegate any of the powers and functions conferred on
him under this section to an Assistant or Deputy Superintendent of Police
subordinate to him.
State Intelligence and Criminal Investigation Departments.-
(1) The State Police Organization shall have a State Intelligence Department
for coordination, analysis and dissemination of intelligence, and a State
Criminal Investigation Department for taking up investigation of inter-State
and inter-district crimes and other important cases as may be entrusted by the
Director-General of Police from time to time.
THE HIMACHAL PRADESH POLICE ACT, 2007 19
(2) The State Government may appoint a Police Officer not below the
rank of Inspector-General of Police to be the head of each of the two
Departments.
(3) The State Criminal Investigation Department shall have
specialized wings to deal with different types of crime requiring focused
attention or special expertise for investigation, and each of these wings shall
be headed by a Gazetted Police Officer of appropriate rank.
(4) The State Intelligence Department shall have similarly;
specialized wings to coordinate specialized tasks such as security, counter –
terrorism, counter – militancy, internal security etc., and each of these wings
shall be headed by a Gazetted Police Officer of appropriate rank.
(5) The State Government shall determine the strength of various
ranks in the State Criminal Investigation Department and State Intelligence
Department.
Organization of Technical and Support Services.- (1) The State
Government shall create and effectively maintain a Directorate of Forensic
Science dedicated to providing independent forensic reports to the Police
which shall be comprised of a Forensic Science Laboratory at the State-level,
a Regional Forensic Science Laboratory for every Police Range and a Mobile
Forensic Science Unit for every Police District, with appropriate equipment
and scientific manpower, in accordance with the guidelines laid down by the
Directorate of Forensic Science or the Bureau of Police Research and
Development.
(2) There shall be a Directorate of Police Communications and
Technical Services for the purpose of providing reliable and dedicated
communications, informatics and other technical support at all levels of the
Police Organization which shall be headed by an officer not below the rank of
Deputy Inspector-General of Police with as many Superintendents of Police
and Deputy Superintendents of Police, to assist him, as deemed necessary.
(3) The State Government shall frame Recruitment and Promotion
Rules, specifying the qualifications and experience required to man these
posts.
Appointment of Director of State Police Training Academy
and Principals of Police Training College and School.- (1) The State
Government may establish a Police Training Academy at the State level for
in-service training of Gazetted Police Officers, a Police Training College for
in-service training to Non-Gazetted Police Officers Grade-I and such number
of Police Training Schools as may be necessary for in service training to the
Non-Gazetted Police Officers Grade-II of the various wings of the Police
organization.
(2) The State Government shall appoint a Police Officer not below the
rank of Inspector-General to be the Director of the State Police Training
Academy and an officer not below the rank of Deputy Inspector-General to be
20 THE HIMACHAL PRADESH POLICE ACT, 2007
the Principal of the Police Training College and an officer not below the rank
of Superintendent of Police to be the Principal of each Police Training School.
(3) The Academy, College and Schools established under sub-section
(1) shall include faculty from amongst the Police and related services as well
as from academic institutions, as may be prescribed, and the Director of the
Academy shall present an Annual Report on behalf of all the Training
institutions to the State Police Board.
(4) The State Government may evolve a scheme of monetary and
other incentives to attract and retain the best talent available in the Police and
related services to the faculty of such training institutions.
Special Police Officers.- (1) The State Government may
prescribe procedures for appointment of Special Police Officers to assist the
Police Service and prescribe the terms and condition of their appointment.
(2) Subject to sub-section (1) , a District Superintendent of Police
generally or specially empowered in this behalf by the State Government,
may, at any time by a written order signed by him under his seal, appoint any
able-bodied and willing person above the age of 18 years, whom he considers
fit, to be a Special Police Officer.
(3) Every Special Police Officer appointed under sub-section (2) shall
have the same powers, privileges and immunities and be liable to the same
duties and responsibilities and be subject to the same authorities as an
ordinary Police Officer under this Act.
Deployment of Additional Police.- (1) Subject to general or
special directions of the State Government, the Superintendent of Police may,
in consultation with the District Magistrate, on application made by any
person or body corporate showing the necessity thereof, depute such
additional number of Police Officers as may be necessary at any place within
the Police District and such additional force shall be exclusively under the
control of such Superintendent of Police and shall be at the charge of the
person or body corporate making the application:
Provided that such person or body corporate may, by giving 15 days
notice, seek withdrawal of such Police Officers and shall be deemed to have
been released from the charge on expiration of the notice period.
(2) Wherever any Public work or Public utility or any manufacturing
or commercial concern is in operation and it appears to the Director-General
of Police that deployment of an additional Police force in such place is
necessary in the interest of maintenance of the public peace or an essential
service because of the likelihood of strike or other action by employees of
such Public work, Public utility or manufacturing or commercial concern, or
other persons, he may, with the consent of the State Government, depute
appropriate additional force to such place for as long as may be necessary and
make orders requiring the payment of such extra force to be made by the
management of such work, utility or concern, and the management of such
THE HIMACHAL PRADESH POLICE ACT, 2007 21
public work, public utility or manufacturing or commercial concern, as the
case may be, shall thereupon cause payment to be made accordingly.
(3) All moneys payable under sub-sections (1) and (2) above shall be
recoverable by the District Magistrate in the manner provided in sections 421
and 422 of the Code of Criminal Procedure, 1973, for recovery of fines, or by
suit in any competent Court.
Maintenance of record and returns.(1) The Director-General of
Police, Inspector- General, Deputy Inspector- General or District
Superintendent of Police shall maintain such records and submit such returns
in such form and in such manner as may be prescribed.
(2) Subject to sub-section (1) the Director-General of Police may, by
special or general Standing Orders, specify the nature and format of records to
be maintained and reports and returns to be submitted by the District, Range
and Zonal level officers of the Police Organisation and of the specialized
wings and the Armed Police, and may also specify the procedure to be
followed for the purpose, including computerization thereof.
Research and Development.- The State Government may set up
a Police Research and Development Bureau, to be headed by an officer not
below the rank of Additional-Director General of Police, independent of the
Police Organization, to undertake surveys and studies and provide advice and
recommendations to the State Government on matters relating to improving
the efficiency of policing services.
CHAPTER-III
THE CIVIL POLICE: CONTROL, DUTIES AND
RESPONSIBILITIES
Recruitment.- (1) The Civil Police shall comprise of Officers of
Himachal Pradesh Police other than Armed Police, and the strength of various
cadres of the Civil Police shall be as prescribed by the State Government from
time to time.
(2) Recruitment to the Civil Police shall be made in accordance with
Recruitment and Promotion Rules framed by the State Government. The
Director-General of Police, subject to the provisions of this Act, shall cause an
annual recruitment to be conducted to all Non-Gazetted vacancies in the Civil
Police required to be filled by direct recruitment.
(3) Every Civil Police Officer, on initial recruitment shall undergo
induction training at the Police Training School in the case of Non-Gazetted
Police Officers Grade-II, and Police Training College, in the case of NonGazetted Police Officers Grade-I, and Police Training Academy in the case of
Gazetted Officers, and the period and syllabus of the training shall be such as
may be prescribed from time to time on the recommendations of the DirectorGeneral of Police, subject to the general directions of the State Police Board.
Oath or Affirmation on first appointment.- Every Civil Police
Officer on first appointment shall make and subscribe an oath or affirmation
22 THE HIMACHAL PRADESH POLICE ACT, 2007
in the form set out in Schedule-I to this Act, before the appointing authority or
such Gazetted Officer as the State Government may specify by general or
special order in this behalf.
Certificate of appointment.- (1) Each Non-Gazetted Civil Police
Officer on first appointment, shall be issued a certificate of appointment in the
form given in Schedule-II to this Act, an insignia bearing the acronym
‘H.P.P.’ and a distinctive enrolment number from a District Roll for a member
of the District Cadre and from a State Roll for a member of the State Cadre.
(2) Each Gazetted Police Officer other than a Member of the Indian
Police Service on first appointment to the service shall be issued an insignia
bearing the acronym ‘H.P.S.’
(3) The Certificate of appointment and insignia shall be deemed as
withdrawn and shall be surrendered forthwith to the appointing authority, in
case the Police Officer ceases to be a member of the State Police Service, and
shall be deposited with the appointing authority in case he has been suspended
from the Service.
Uniform and badges of rank.- (1) The State Government shall
by general or special order published in the Official Gazette, specify the
uniform for the various ranks in the Civil Police and the protocol with respect
to duties and the wearing of the uniform.
(2) The State Government shall, by general or special order published
in the Official Gazette, specify the badges of rank and other distinctive badges
that may be worn with the uniform.
Scale of arms and ammunition.- (1) The armament of the Civil
Police shall be fixed by the orders of the State Government in an Equipment
Table and Government shall from time to time issue instructions regarding
procurement of armaments.
(2) Distribution of arms to districts shall be fixed on the order of the
Director-General of Police, who by means of Standing Orders shall lay down
the procedures to be followed for custody and care of arms, ammunition,
stock of material for repair and maintenance, and the manner in which
damaged and unserviceable weapons are to be disposed off and the procedure
in case of loss of any weapon or ammunition.
Control and Supervision.- (1) The Station House Officer shall
assign work and shall control and supervise the functioning of the staff of the
Police Station and Police Posts in his charge.
(2) The Sub-Divisional Police Officer shall generally control and
supervise the Police Stations under his charge, and issue such directions as
may be necessary.
(3) The District Superintendent of Police shall generally control and
supervise the work of the Sub-Divisional Police Officers and Police Stations
and Police Posts in the district and issue such directions as may be necessary.
THE HIMACHAL PRADESH POLICE ACT, 2007 23
(4) The Range Deputy Inspector-General and Zonal Inspector-General
shall generally control and supervise the work of the Districts in the Range
and the Zone respectively.
(5) For other civil police units the Director-General of Police may by
special standing order, specify the controlling and supervisory authorities.
(6) Subject to the provisions of this Act and the rules made
thereunder, the Director -General of Police by general or special Standing
Orders may specify the functions to be performed by the various ranks of
Civil Police in relation to each duty and responsibility.
(7) Subject to general or special standing orders of the DirectorGeneral of Police, the controlling and supervising officer of the Police Station,
Police Sub-Division, Police District or other Civil Police unit may by means
of an order communicated in writing, specify the functions to be performed by
various ranks of the Civil Police under his control.
(8) For the better management, control and supervision of specialized
duties and for the professional development of the members of the Civil
Police, the State Government may constitute cadres or sub-cadres within the
State Police Service and shall within two years from the commencement of
this Act, create special cadres in the State Police Service for investigation of
serious offences.
Conduct and Discipline.- (1) Every Civil Police Officer shall
perform to the best of his ability, the functions required from him in relation
to any duty or responsibility assigned to him, subject to the provisions of this
Act, rules made thereunder and the general or special standing orders of the
Director-General of Police.
(2) Any non-performance or deficiency in the standard of
performance of duties or responsibilities shall constitute misconduct and shall
make the Police Officer liable for disciplinary action in accordance with
conduct and disciplinary rules prescribed by the State Government for the
purpose.
Mounted Police.- (1) There may be in each District, such number
of Mounted Police, as may be determined from time to time by the State
Government, for the purpose of patrols, crowd control and access to difficult
areas.
(2) The Director-General of Police shall issue standing orders with
regard to procurement, management and maintenance of the remounts and for
the training of the mounted police.
CHAPTER-IV
THE ARMED POLICE
31.District Armed Reserves and State Armed Police Battalions.-
In order to assist the civil police promptly and efficiently in dealing with acts
involving or likely to involve breach of the peace or breakdown of law and
order and also to assist in management of disasters, the State Government
24 THE HIMACHAL PRADESH POLICE ACT, 2007
shall create Armed Police units with appropriate manpower strengths in the
form of an Armed Police Reserve for each Police district, and appropriate
number of Armed Police for the State, including provision of women units,
and recruitment to such Armed Police shall be made in accordance with the
Recruitment and Promotion Rules framed by the State Government.
Role and functions.- (1) The Armed Police Battalions shall be a
State-level Reserve, to be deployed under specific orders of the Director –
General of Police, to aid and assist the civil police in dealing with breaches of
the peace or breakdown of law and order or situations arising out of disasters
in a local area beyond the management resources of the civil police:
Provided that the Director-General of Police by general or special
order, may earmark one or more service companies of a Battalion to be
deployed on the orders of the Range Deputy Inspector-General as a quick
response unit.
(2) The District Armed Reserve shall function under the control,
direction and supervision of the District Superintendent of Police as the armed
wing of the district police to deal with any local law and order problem or
local disaster in the District, and for providing escort to violent or dangerous
persons in lawful custody, or such other duties as may be determined by the
Director-General of Police by regulations from time to time.
Structure of the Armed Police Organization.- (1) A
Commandant, equivalent in rank to a Superintendent of Police, shall head
each Armed Police Battalion. The Commandant shall be assisted by a Deputy
Commandant, equivalent in rank to an Additional Superintendent of Police,
who shall be the second-in command of the Battalion. Each Battalion shall be
divided into appropriate number of Service Companies and a Headquarter
Company, each headed by an Assistant Commandant, equivalent in rank to a
Deputy Superintendent of Police.
(2) The Armed Police Organization of the State shall be headed by an
officer of the rank of Deputy Inspector-General or above who shall be
responsible for the administration, training, operational preparedness and
welfare of Officers of all the armed police units in the State, under the overall
guidance and supervision of the Director-General of Police.
(3) In fixing the strength of senior officers for the Armed Police
Organization, it shall be ensured that for supervising the functioning and
preparedness of every three or four Battalions, a senior officer of the rank of
Deputy Inspector-General is deployed and if there are two such Deputy
Inspectors-General, the Armed Police Organization shall be headed by an
officer of the rank of at least Inspector-General.
(4) The duties of the head of the Armed Police Organization, the
Deputy Inspector-General, the Commandant, Deputy Commandants, Assistant
Commandants and Reserve Inspectors shall be prescribed by the State
Government in consultation with the Director-General of Police.
THE HIMACHAL PRADESH POLICE ACT, 2007 25
Rotation between Battalions and Armed Reserves.- Officers of
District Armed Reserves and Armed Police Battalions shall be rotated from
time to time in accordance with general or special Standing Orders of the
Director-General of Police. No direct recruitment of Non-Gazetted Police
Officers Grade-II shall be made to District Armed Reserves, and all vacancies
shall be held in Battalions and the Director-General of Police shall cause all
direct recruitment vacancies to be filled up every year in accordance with the
Recruitment and Promotion Rules.
Oath or affirmation on first appointment.- Every member of
the Armed Police on first appointment shall make and subscribe an oath or
affirmation in the form set out in Schedule-I to this Act before the
Commandant of the Battalion or such Gazetted Officer as the Government
may specify by general or special order in this behalf.
Certificate of appointment.- (1) Every Non-Gazetted Officer of
the Armed Police on first appointment shall be issued a certificate of
appointment in the form given in Schedule-II to this Act and insignia bearing
the acronym ‘H.P.A.P.’ and a distinctive enrolment number that shall run
serially for the entire Armed Police, separately for the Non-Gazetted Police
Officers Grade-II, and for Non-Gazetted Police Officers Grade-I.
(2) The certificate of appointment and insignia shall be deemed as
withdrawn and shall be surrendered forthwith in case the Police Officer ceases
to be a member of the Armed Police, and shall be deposited with the
appointing authority in case he has been suspended from the service.
Uniform and badge of rank.- (1) The State Government shall by
general or special order published in the Official Gazette, specify the uniform
for the various ranks in the Armed Police and the protocol with respect to the
duties and wearing of the uniform.
(2) The State Government shall, by special or general order published
in the Official Gazette, specify the badges of rank and other distinctive badges
that may be worn with the uniform.
Conduct and discipline.- (1) Every Armed Police Officer on duty
shall ensure the maintenance of peace and tranquility to the best of his ability
and shall-
(i) obey without delay, all lawful orders of his official superiors
issued for the maintenance of law and order;
(ii) not exercise his discretion to use disproportionate or excessive
force;
(iii) not exercise his discretion to refrain from using appropriate
force to maintain the public peace, on extraneous
considerations or in pursuance to orders or suggestions from a
person other than his official superior; and
(iv) not use his position, uniform or arms to intimidate any person
other than when required in the proper discharge of his duties.
26 THE HIMACHAL PRADESH POLICE ACT, 2007
Training.- (1) All members of the Armed Police on initial
recruitment shall undergo induction training in batches at the Police Training
School, in the case of the Non-Gazetted Police Officers Grade-II, and Police
Training College, in the case of Non-Gazetted Police Officers Grade-I. The
period and syllabus of the training shall be as may be prescribed.
(2) All ranks in the Armed Police units shall undergo annual refresher
training programmes by rotation and such specialized training as may be
needed by different categories, determined by general or special order of the
Director-General of Police.
(3) Each Battalion shall have one full Company earmarked as the
“Training Reserve” to provide for rotational training to all Officers.
(4) The content and methodology of the annual refresher training
courses as well as the other specialized courses for the Officers of the District
Armed Reserve and State Armed Police Battalions shall be such as may be
prescribed on the recommendations of the Director-General of Police, subject
to general directions of the State Police Board.
Deployments.- (1) The deployment of Units and Sub-units of the
District Armed Reserves and the State Armed Police Battalions shall be in
accordance with the provisions of section 32 of this Act and shall be strictly
restricted only to those situations where such deployment is considered
absolutely necessary.
(2) The deployment shall be made for a fixed period, as specified in
the order, and unless the period is extended by a specific order, the force shall
return to its headquarters on the expiry of the deployment period.
(3) It shall be the duty of the District Superintendent of Police, in the
case of a District Armed Reserve, and the head of the Armed Police
Organization for the State, in the case of a Battalion, to ensure that the
Officers of these armed units are deployed in a manner that ensures their
regular training and constant preparedness for their tasks, as also a fair
rotation of duty.
(4) While ordering deployment of any armed police unit, due care
shall be taken to ensure that subject to requirements of law and order, the
Officers get sufficient rest and also avail a weekly day off.
Arms, Equipment, Mobility, Communications etc..- (1) The
armament of the Armed Police shall be as fixed by the orders of the State
Government in an Equipment Table and items shown in the Equipment Table
shall be obtained in the manner prescribed.
(2) Distribution of arms to the Battalions and District Armed Reserves
shall be fixed on the order of the Director-General of Police, who shall also
lay down the procedure to be followed for custody and care of arms,
ammunition, stock of material for the repairs and maintenance, and manner in
which damaged and unserviceable weapons are to be disposed off and the
procedure in case of loss of any weapon or ammunition.
THE HIMACHAL PRADESH POLICE ACT, 2007 27
(3) The adequacy of arms, equipment, mobility and communications
etc. for each Battalion as well as the District Armed Reserve shall be assessed
regularly on an annual basis by the officer heading the State Armed Police
Organization in consultation with the Commandant and the District
Superintendent of Police concerned.
Annual Report.- The Director-General of Police shall place an
annual report before the State Police Board, showing details of deployment of
District Armed Reserves and Battalions, the state of their preparedness and
training, including adequacy of men, arms, equipment, mobility,
communications etc.
CHAPTER-V
ADMINISTRATION AND SUPERINTENDENCE
Administration of the Police.- (1) The administration of the
Police throughout the State shall vest in the Director-General of Police and in
such Additional Directors-General, Inspectors-General, Deputy InspectorsGeneral and other officers as the State Government may appoint, subject to
the overall control of the Director-General of Police.
(2) The administration of police in a district shall vest in the District
Superintendent of Police:
Provided that the State Government may intervene in the exercise of
the administrative powers by the Director-General of Police or any other
competent police authority in exceptional cases involving urgent public
interest, for reasons to be recorded in writing, and all such cases shall be
brought before the State Police Board in its next meeting.
Powers and Responsibilities of the Director General.- (1) The
Director- General of Police shall be responsible to –
(i) advise the State Government and the State Police Board in all
matters of policing;
(ii) implement the policies, the strategic Policing Plan and the
annual policing sub- plans laid down by the State
Government in consultation with the State Police Board;
(iii) administer and supervise the Police Service to ensure its
efficiency, effectiveness, responsiveness and accountability;
and
(iv) issue directions irrespective of any general executive
instructions to the contrary, but subject to the provisions of
this Act and rules made thereunder, for recruitment of NonGazetted Police Officers Grade-II and Non-Gazetted Police
Officers Grade-I to fill in existing and anticipated vacancies
on the basis of the sanctioned strength, in accordance with the
Recruitment and Promotion Rules.
28 THE HIMACHAL PRADESH POLICE ACT, 2007
Superintendence of State Police to vest in the State
Government.- (1) The State Government shall ensure an efficient, effective,
responsive and accountable Police Service for the entire State and for this
purpose, the superintendence of the Police Service throughout the State shall
vest in and be exercised by the State Government in accordance with the
provisions of this Act.
(2) The State Government shall exercise its superintendence over the
Police Service so as to promote the professional efficiency of the Police and to
ensure that Police performance is at all times in accordance with the law, and
shall lay down policies and guidelines, set standards for quality policing,
facilitate their implementation and ensure that the police force performs its
duties in a professional manner with functional autonomy.
State Policing Plans, objectives of policing and priorities.- (1)
The State Government shall, on the basis of a report of the Director-General
of Police and on the recommendations of the State Police Board, finalize a
strategic Policing Plan with annual Sub-Plans covering a five year period, in
such a way that successive Plans overlap for the last year of the previous plan
and first year of the succeeding plan:
Provided that the Director-General of Police, in making his report,
shall be guided by reports of the District and State Units, duly identifying the
objective of policing sought to be achieved during the period and the action
plan proposed for their implementation.
(2) The State Government shall lay a copy of the strategic Policing
Plan and annual Sub-Plan before the State Legislature as soon as it is
finalized.
(3) The State Government at the beginning of each financial year shall
also place a progress report on the implementation of the strategic Policing
Plan as well as the annual Sub-Plan for the preceding year before the Vidhan
Sabha.
Mechanism for the evaluation of performance of the Police.-
(1) The State Government shall evolve and put in place mechanism for the
evaluation of performance of the Police Service in the State as a whole and
also district-wise.
(2) Without affecting the generality of these provision, the DirectorGeneral of Police shall make regulations for the purpose of ensuring-
(i) Inspections at least once a year by the Range Deputy
Inspector-General of all the Districts in each Range; and
(ii) inspection at least twice a year by a Gazetted Officer of the
District, including one inspection by the Superintendent of
Police personally, of each Police Station and Police Post in
every District:
THE HIMACHAL PRADESH POLICE ACT, 2007 29
Provided that the regulations shall inter alia, specify the form of the
inspection, the methodology and the content and shall endeavours to make the
inspection an effective instrument for performance evaluation.
Establishment of State Police Board.- The State Government
shall establish a State Police Board to facilitate the laying down of policies,
evaluate performance and ensure the functional autonomy of State Police
Service, which shall function in the manner provided in this Act. The Board
shall meet as often as deemed necessary, but at least once in three months.
Composition of Board.- (1) The State Police Board shall consist
of –
(i) the Chief Minister –Ex-officio
Chairperson
(ii) the Minister-in-Charge of Home; (if it is
other than the Chief Minister)
–Ex-officio viceChairperson
(iii) the Leader of Opposition of the State
Legislative Assembly, Himachal Pradesh;
–Ex-officio
Member
(iv) Chief Secretary to the Government of
Himachal Pradesh.
–Ex-officio
Member;
(v) Principal Secretary (Home) to the
Government of Himachal Pradesh.
–Ex-officio
Member
(vi) Principal Secretary (Social Justice and
Empowerment) to the Government of
Himachal Pradesh.
–Ex-officio
Member;
(vii) Principal Secretary (Finance) to the
Government of Himachal Pradesh.
–Ex-officio
Member;
(viii) Director of Prosecution –Ex-officio
Member;
(ix) Director Forensic Science –Ex-officio
Member;
(x) DirectorStatePoliceTrainingAcademy. –Ex-officio
Member;
(xi) Three persons of proven reputation for
integrity and competence out of whom atleast
one shall be a women member, to be
appointed from the fields of academia, law
and public administration, on the
recommendations of the Selection Panel
constituted under section 50.
–Non-official
Members;
(xii) The Director-General of Police — MemberSecretary
30 THE HIMACHAL PRADESH POLICE ACT, 2007
(2) No serving Government employee shall be appointed as a NonOfficial Member and any vacancy in the State Police Board shall be filled up
as soon as practicable but not later than three months after the seat has fallen
vacant. However, no proceeding of the Board shall be deemed to be invalid on
account of any vacancy.
Panel for selection of Non-Official Members.- (1) Non-Official
Members of the State Police Board shall be appointed on the recommendation
of a Selection Panel which shall consist of-
(a) the Lokayukta, Himachal Pradesh — Chairman;
(b) the State Chief Information Commissioner,
Himachal Pradesh
— member; and
(c) the Chairman of the State Public Service
Commission
— member
(2) The State Government shall provide a short-list of 4 suitable
persons along with their bio-data against each vacancy. The Panel shall make
its selections out of the short-list unless, for reasons to be communicated, the
Panel is unable to make a selection; in that event the State Government shall
provide another short-list of suitable persons.
(3) The Selection Panel shall evolve its own transparent procedure for
selection of the Non-Official Members.
Disqualifications.- A person shall be disqualified for being
appointed as or for being a Non-Official Member of the State Police Board if
he –
(i) is not a citizen of India; or
(ii) has a charge-sheet filed against him in a Court of law in a
criminal case; or
(iii) has been dismissed or removed from service under any State
or Central Government or Government Organization or
compulsorily retired therefrom on the grounds of corruption
or misconduct; or
(iv) holds public office, including that of Member of Parliament
or State Legislature, or is an office-bearer of any political
party or any organization connected with a political party; or
(v) is of unsound mind.
Term of Office and remuneration of Non-Official Members.-
(1) The term of office of a Non-Official Member of the Board shall be three
years and he shall be eligible for reappointment only for one more term.
(2) A person appointed as a Non-Official Member may resign his
position by a written communication addressed to the Chairman of the Board.
(3) A Non-Official Member shall be entitled to a sitting fee of
Rs.1000 per day for effective sitting of the Board and shall be entitled to
THE HIMACHAL PRADESH POLICE ACT, 2007 31
travelling allowance and daily allowance as per rules of the State Government
in this behalf.
Functions of the State Police Board.- (1) The State Police Board
shall-
(i) approve broad policy guidelines , including five-years
strategic Policing Plans and annual policing Sub- Plans, for
promoting efficient, effective, responsive and accountable
policing, in accordance with the law;
(ii) approve from time to time the sanctioned strength of the
various ranks of the Non-Gazetted Police Officers and
Gazetted State Police Service Officers;
(iii) identify performance indicators to evaluate the functioning of
the police service and these indicators shall, inter alia, include
operational efficiency, public satisfaction and proper
utilization of resources; and
(iv) review and evaluate organizational performance of the State
Police against the five-year strategic Policing Plan and annual
policing Sub-Plans and performance indicators as identified
and laid down by the State Police Board.
(2) The Board shall make recommendations to the State Government
in respect of matters specified under sub-section (1) , which shall normally be
binding on the State Government and the action taken on the
recommendations shall be communicated to the Board within a period of three
months:
Provided that if the Government is of the opinion that it is not feasible
in the public interest to give effect to any recommendation of the Board, it
shall communicate the reasons thereof which shall be placed before the Board
in its next meeting.
Transaction of business.- (1) Notice for meetings of the Board
shall be issued by the Member-Secretary at least 15 days before each meeting.
Members wishing to raise an item shall send notice so as to reach the
Member-Secretary at least 7 days in advance and items shall be taken up with
the approval of the Chairman of the Board.
(2) All meetings shall be held in Shimla unless the Board decides
otherwise. A record of proceedings of the Board shall be maintained by the
Member- Secretary who shall cause them to be circulated, with the approval
of the Chairman, within 15 days of each meeting.
(3) The quorum for a meeting of the Board shall be one-third of the
total membership of the Board. In the absence of quorum, the meeting of the
Board shall be adjourned to the same time on the next working day and no
quorum shall be required for such adjourned meeting.
(4) The Board may devise its own procedure for transaction of
business in accordance with provisions of this Act.
32 THE HIMACHAL PRADESH POLICE ACT, 2007
Annual report on the working of the Board.- (1) The Board
shall, within three months after the end of each financial year present to the
State Government a report on the work done by it during the year as well on
the performance of the State Police, along with the annual policing Sub-Plan
for the next year as approved by the Board. The report shall mention all cases
where its recommendations were either not accepted or not responded to in
accordance with the provisions of this Act.
(2) The State Government shall cause each such report to be laid
before the State Legislature not later than two months of its receipt along with
an action taken report.
Police Establishment Committees.- (1) There shall be a State
Police Establishment Committee headed by the Director-General of Police
and comprising four senior police officers not below rank of InspectorGeneral of Police, nominated by the Director General of Police. The State
Police Establishment Committee shall be responsible to-
(i) approve all postings and transfers of Non-Gazetted Police
Officers between the various wings of the police organization,
and deputation outside the organisation and for inter-range
transfers in all the wings with the prior approval of the
Government in accordance with directions in this regard;
(ii) approve the issue of general policy directions and Standing
Orders to the Deputy Inspector-General and District
Superintendent of Police on transfers within their jurisdiction;
(iii) hear and dispose off representations against transfer orders
issued by authorities subordinate to the Director-General of
Police;
(iv) recommend proposals for postings and transfers of Gazetted
Police Officers to the State Government subject to provisions
of this Act and relevant rules; and
(v) make recommendations to the State Government with regard
to representations in service matters from Gazetted Police
Officers:
Provided that the Director-General of Police may, with the previous
approval of the State Government, constitute an Establishment Committee for
any specific unit within the Police Organisation for making postings and
transfers of Non-Gazetted Police Officers within such unit.
Police Gazette.- The Director-General of Police shall cause to be
published each month a Police Gazette containing Departmental Orders,
notifications and circulars of general interest for circulation within the Police
Organisation; and shall publish appropriate portions of the publication on the
Police Department website.
THE HIMACHAL PRADESH POLICE ACT, 2007 33
Financial Management.- (1) The Director-General of Police
shall be responsible for submitting the budgetary requirements of the Police
Service as a whole to the State Government, sufficiently in advance.
(2) The budgetary allocation shall be placed at the disposal of the
Director- General of Police who shall be vested with powers to spend the
amounts earmarked under each head of the budget.
Recognition of Meritorious Service.- The State Government
shall, with the approval of the State Police Board, frame a scheme for
recognition of Non-Gazetted and Gazetted Police Officers who have done
exceptionally meritorious work or who have shown devotion to duty of the
highest order, and the State Police Board shall, every year recommend to the
State Government names of suitable Police Officers for public recognition in
accordance with the provisions of the scheme.
CHAPTER-VI
ROLE, FUNCTIONS, DUTIES AND RESPONSIBILITIES OF
THE POLICE
The role and functions of the Police.- (1) Subject to the
assignment of specific duties on units or individual members of the State
Police by general or special orders, the general role and functions of the
Police Service shall be to-
(i) act as upholders of the law and to protect life, liberty,
property and human rights of the members of the public; and
develop and maintain a feeling of security in the community;
(ii) promote and preserve public order and prevent nuisance in
public places;
(iii) protect internal security, prevent and control terrorist
activities, riots, insurgencies, industrial or other strikes,
breaches of communal harmony, extremist violence, militant
activities and other situations affecting internal security;
(iv) protect public properties and public infrastructure;
(v) prevent offences and reduce the opportunities for the
commission of offences through preventive action,
intelligence gathering and community participation;
(vi) investigate all offences impartially and professionally using
scientific methods, and to apprehend the offenders;
(vii) assist in the prosecution of offenders by ensuring proper
presentation of the investigation in a Court of law;
(viii) provide, as first responders, all possible help and succour to
people in situations arising out of natural or man-made
disasters and to provide active assistance to other agencies
engaged in relief and rehabilitation measures;
34 THE HIMACHAL PRADESH POLICE ACT, 2007
(ix) aid individuals who are in danger of physical harm to person
or property, and to provide necessary services and afford
relief to people in distress situations;
(x) facilitate orderly movement of people in public places, ensure
their general safety and security and regulate public
gatherings, fairs and processions for the purpose;
(xi) control and regulate traffic on streets, roads and highways,
and generally in public places and prevent obstruction;
(xii) collect intelligence relating to matters affecting the public
peace, crimes including social and economic offences and
organized crime, communalism, extremism, terrorism and
other matters relating to national security, and take all
necessary action to maintain the public peace and prevent
crime;
(xiii) provide guards in accordance with Standing Orders in this
behalf, for treasuries, lock-ups and other locations, as
sanctioned by the State Government from time to time;
(xiv) provide escorts over prisoners or others in lawful custody or
for valuables in accordance with Standing Orders issued by
the Director-General of Police from time to time; and
(xv) perform such other functions as may be required under this
Act and any other law for the time being in force, or as may
be prescribed.
Social Responsibilities of the Police.- (1) Every Police Officer
shall-
(i) behave with the members of the public with due courtesy and
decorum;
(ii) guide and assist members of the public particularly elders,
women, children, the poor and indigent and the physically or
mentally challenged individuals who may need help and
protection;
(iii) prevent harassment of elders, women and children in public
places and public transport;
(iv) render all requisite assistance to the members of the public,
particularly elders, women, children, and the poor and
indigent persons, against criminal exploitation by any person
or organized group;
(v) arrange for legally permissible sustenance and shelter to every
person in custody and make known to all persons in custody
provisions of legal aid Schemes being enforced in the State
and also inform the authority concerned to provide such aid;
THE HIMACHAL PRADESH POLICE ACT, 2007 35
(vi) provide all requisite assistance to victims of crime and of road
and other accidents and in particular ensure that they are
given prompt medical aid, at the nearest facility equipped for
the purpose;
(vii) assist victims of crime and accidents or their next of kin with
such information and documents as would facilitate their
compensation claims or would enable them to meet any legal
requirements; and
(viii) extend a positive response to victims of crime or their next of
kin and to witnesses, during investigation of the offence and
prosecution of the offenders.
(2) Police Officers shall at all times remain accountable to the law and
responsive to the lawful needs of the people and shall observe strict code of
ethical conduct and integrity.
Duties of. the Police Service.- (1) The primary responsibility for
the discharge of role and functions of the Police under this Act, shall, unless
specified otherwise, be with the Police of the District concerned, headed by
the District Superintendent of Police:
Provided that the State Government may by general order, create or
designate special units at District or Police Station level for criminal
investigation, traffic, intelligence, law and order etc. and in such a case the
responsibility for discharge of the functions specified in the order shall be
with such unit.
(2) It shall be the duty of every Police Officer posted to a State Unit,
to discharge the role and functions assigned to him to the best of his ability by
the proper exercise of powers conferred upon him under this Act or any other
law for the time being in force.
Superior Police Officer may himself perform duties of a
subordinate officer.- A Police Officer of a rank superior to that of a
constable may perform any duty assigned by law or by a lawful order to any
officer subordinate to him, and in the case of any duty imposed on such
subordinate, a superior may aid, supplement, supersede or prevent any action
of such subordinate by his own action or that of any person lawfully acting
under his command or authority, whenever it appears necessary or expedient,
for giving more complete or convenient effect to the law or for avoiding any
infringement thereof.
All persons bound to comply with the reasonable directions of
a Police Officer.- All persons shall be bound to comply with the reasonable
and lawful directions given by a Police Officer in the discharge of his duties
under this Act. Where any person resists, refuses or fails to comply with any
such direction, a Police Officer may, without prejudice to any other action,
remove such person or arrest and produce him before the nearest Judicial
Magistrate having jurisdiction as soon as possible and in any case within a
period of twenty four hours.
36 THE HIMACHAL PRADESH POLICE ACT, 2007
Arrest and detention.- (1) A Police Officer effecting an arrest or
detaining a person in accordance with the law shall-
(i) Wear or display accurate, visible and clear identification,
including name, rank and the name of the organization he
represents;
(ii) prepare a memo of arrest at the time of arrest, giving the date,
time and place of the arrest and forthwith send a written
communication to his immediate superior;
(iii) inform the person arrested of his right to have some one of his
choice, as a next friend notified of his arrest or detention as
soon as he is put under arrest or is detained, and forthwith
cause such a person to be notified as soon as possible, but not
later than 24 hours;
(iv) make an entry in the diary at the place of detention regarding
the arrest of the person specifying the name of the next friend
of the person arrested who has been informed of the arrest
and the names and particulars of the Police Officer in whose
custody the person arrested is;
(v) arrange for immediate medical examination by a doctor
designated for the purpose and for further medical
examination every 48 hours during his detention in custody;
(vi) send copies of all the documents, including the memo of
arrest, to the Magistrate having jurisdiction in accordance
with the provisions of the law.
(vii) permit the person arrested to meet his lawyer in such manner
as may be prescribed; and
(viii) cause the name and other particulars of the person arrested to
be displayed in the notice board at the place of detention and
at such other places as may be prescribed.
(2) In making an arrest or detaining a person or keeping an arrested
person in custody, only that amount of force shall be used as may be
reasonably required to ensure that there is no possibility of escape, and
handcuffing of a person arrested or in lawful police custody shall be resorted
to only when there is a reasonable apprehension that such a person may turn
violent, attempt suicide, escape, or be forcibly released from arrest or
detention.
(3) The Director-General of Police shall by Standing Orders,
prescribe detailed procedure in respect of matters under this section.
Conduct prohibited for Police Officers.- (1) No Police Officer
shall withdraw himself from the duties of his office unless expressly allowed
to do so by an officer authorized by the State Government.
THE HIMACHAL PRADESH POLICE ACT, 2007 37
(2) No Police Officer shall resign his office unless he has given notice
in writing to his superior officer of not less than three months.
(3) No Police Officer shall engage in any other employment or office
unless expressly permitted to do so, in writing, by the competent authority.
CHAPTER-VII
POLICING IN RURAL AREAS
Police Services in rural areas (1) The territorial jurisdiction of a
Police Station shall be divided into a suitable number of beats, each covering
a village or part thereof, or a cluster of villages, to be kept under the direct
charge of a Non-Gazetted Police Officer Grade-II (called Beat Officer) for
maintaining regular and close contact with the villages under his charge.
(2) The officer-in-charge of each Police Station shall ensure that
every village in his jurisdiction is covered by the Beat Officer in the manner
prescribed by the Superintendent of Police of the District by a general or
special order.
(3) The State Government shall, by notification, publish a scheme for
designation or appointment of suitable persons as local guards, for a village,
cluster of villages or a Beat and assign them such duties, responsibilities and
functions, from time to time as may be required in the public interest, for
gathering of intelligence, and for assistance in the prevention of crime and
maintenance of law and order.
Explanation.- for the purposes of this Chapter, rural areas include all
areas other than urban Police Districts, Police Sub-Divisions and Police
Stations covered under Chapter -VIII of this Act.
Duties and Responsibilities of the Beat Officer (1) The duties
and responsibilities of the Beat Officer shall be in respect of his Beat, to-
(i) maintain liaison with community elders, members of the
Panchayat residing in that village, the local Numberdar, local
officials such as Patwari, Forest Guard and Chowkidar of the
Panchayat , and residents of each village under his charge,
and to review, during every visit, the crime prevention
measures in the village;
(ii) collect information relating to crimes and criminals and
activities of subversive, militant and anti-social elements, if
any, in the village and communicate the same to the officerin-charge of the Police Station;
(iii) maintain watch over history-sheeted criminals and bad
characters, if any, and others with criminal record;
(iv) acquaint himself with local disputes having potential for
violence or with caste/communal overtones, and inform the
officer-in-charge of the Police Station with all available
details;
38 THE HIMACHAL PRADESH POLICE ACT, 2007
(v) carry out any other policing task as may be assigned from
time to time , including facilitation of witness protection, in
respect of the villages assigned to the Beat;
(vi) keep a record any public grievances and complaints in
relation to policing and inform the officer-in-charge of the
Police Station promptly; and
(vii) maintain in such manner as may be specified, a record of the
duties and responsibilities carried out by him during his visits
and submit the same to the officer-in-charge of the Police
Station every month.
Assistance to Gram Panchayat.- The officer-in-charge of a
Police Station and the Beat Officer shall give immediate information, in the
manner prescribed, under the Himachal Pradesh Panchayat Raj Act, 1994, to
the Gram Panchayat, of any offence that has come to his knowledge and has
been committed within the jurisdiction of the Panchayat and is triable by the
Panchayat. He shall assist the Panchayat in the lawful exercise of its authority
in all such matters.
Village visits by office-in-charge of Police Station and
Supervisory Police Officers.- (1) The officer-in-charge of the Police Station
shall cause to be maintained a Village Register in such manner as may be
specified, entering therein major crimes, incidents or occurrences with
potential for crime, based, inter alia on the monthly report of the Beat Officer,
and shall classify villages as “Sensitive” or “Non- Sensitive” Villages in
consultation with the District Superintendent of Police.
(2) The officer-in-charge of a Police Station shall visit every village
under his jurisdiction, in the manner specified by the Superintendent of Police
through a general or special order, and while doing so, he shall visit villages
that are recorded as “Sensitive” in the Village Register as a first priority.
(3) All supervisory officers including the Superintendent of Police
shall visit as many villages in their jurisdiction as possible giving priority to
sensitive villages. The purpose of such visits shall be to review the general
state of crime, law and order situation and the activities, if any, of violent and
militant individuals or group in the area and to generally acquaint themselves
with the goings-on in the village having a bearing on crime, law and order or
other policing tasks and to interact with as many local residents as possible so
as to assess the level of public satisfaction with police service in the area.
(4) Wherever it appears, on the basis of information received, that
there is likelihood of violence or major crime or damage to property in any
area, the Superintendent of Police in consultation with the District Magistrate
may direct the organization of a group of local and respectable persons for
each village of that area for the purpose of carrying out preventive patrols,
promoting crime reduction measures and generally assisting the police in their
functioning. The group shall be called the Village Defence Committee and
may consist of not more than fifteen members.
THE HIMACHAL PRADESH POLICE ACT, 2007 39
(5) Members of the Village Defence Committees shall be inducted by
the Superintendent of Police in consultation with the local Panchayat, from
amongst able-bodied persons, between the age of 25 and 45 years and with
good character and antecedents, who are permanent residents of that village,
have not been convicted by a court of law or charge-sheeted by the police in a
criminal case, or dismissed, removed, discharged or compulsorily retired from
any public employment on grounds of moral turpitude, corruption or
misconduct, and are not office bearers of any political party, and in including
the members, preference shall be given to Home Guards, Ex-servicemen and
those who have earlier performed satisfactorily as member of the Village
Defence Committee. The Superintendent of Police shall appoint one member
as leader of the party, based on his experience and leadership qualities, and
may remove or replace a member or the leader if his work or conduct is not
satisfactory.
(6) A Village Defence Committee shall be organized for a period not
exceeding 180 days. Provided that the period may be extended further for
another 180 days by the Superintendent of Police, in consultation with the
District Magistrate, for reasons to be recorded in writing.
(7) Membership of the Village Defence Committee shall be voluntary
and honorary and the members of the Village Defence Committee shall wear
Photo-identification badges issued by the District Superintendent of Police
while performing their duties.
(8) If person ceases to be a member of a Village Defence Committee,
he shall forthwith deliver to the Superintendent of Police or to an officer
authorized by him, the Photo-identification badge and all records and
documents in his possession as a member of the Village Defence Committee.
Consultative mechanism-(1) The District Superintendent of
Police, in consultation with the District Magistrate, shall constitute a
Community Liaison Group for each Police Station, comprising respectable
local residents of the area with unimpeachable character and antecedents,
including retired public servants and heads of teaching institutions, if any, and
other representatives of the community, to generally advise the police in their
functioning. The Group shall have a fair representation of all segments of the
society in villages falling in the Police Station area and not less than one-third
of the Group shall comprise women. This Group shall have two
representatives nominated from amongst its members by each Panchayat
Samiti and one Member nominated from amongst its members by each
Municipal Committee and Nagar Panchayat in the jurisdiction of the
concerned Police Station:
Provided that no person convicted by a court of law or charge-sheeted
by the police in a criminal case, or dismissed, removed, discharged or
compulsorily retired from any public employment on grounds of corruption,
moral turpitude or misconduct shall be eligible to be inducted in or continue in
the Community Liaison Group:
40 THE HIMACHAL PRADESH POLICE ACT, 2007
Provided further that no office bearer of a political party shall be
eligible to be included in the Group.
(2) The Superintendent of Police shall nominate one of the members
of the Community Liaison Group as the Convener. The Group shall articulate
the existing and emerging policing needs of the area, which will be taken into
consideration by the Superintendent of Police while preparing the strategic
Policing Plan and annual sub-plan for the District and the Group shall perform
such other functions as may be prescribed.
(3) The Group shall meet as frequently as necessary, but at least once
in every month and the officer-in-charge of the Police Station shall attend all
the meetings. Proceedings of each meeting shall be circulated by the
Convener to its members and a copy shall also be forwarded to the officer-in –
charge of the Police Station who shall endorse a copy thereof to the District
Superintendent of Police and Sub-Divisional Police Officer alongwith his
comments.
(4) Where it appears to the Sub-Divisional Magistrate or the SubDivisional Police Officer that it is expedient for the maintenance of public
order or in other emergent circumstances to hold a meeting of the Community
Liaison Group, he may either direct the Convener to convene a meeting or
may convene a special meeting of the Group under his chairmanship.
CHAPTER-VIII
POLICING IN URBAN AREAS
Constitution of Urban Police Districts, Sub-Divisions and
Police Stations.- (1) For the better policing of an urban area declared to be a
Municipal Corporation or a Municipal Committee or a Nagar Panchayat, the
Government may, on the basis of norms to be prescribed, create a Police
Station, Police Sub-Division or Police District with the territorial jurisdiction
of such urban area.
(2) A Police District or a Police Sub-Division or a Police Station,
created under sub-section (1) , shall be called an ‘Urban Police District’ or
‘Urban Police Sub-Division’ or ‘Urban Police Station’ as the case may be.
Duties and Responsibilities of Police in Urban Areas.- (1)
Every Urban Police Station, Urban Police Sub-Division and Urban Police
District shall have a Police Control Room operational 24 hours and fully
equipped with communication and transport facilities, and emergency services
as may be deemed necessary.
(2) Every Urban Police District shall have a separate traffic wing
headed by a Police Officer of the rank of atleast Inspector.
(3) The Officer-in-charge of a Urban Police District, Urban Police
Sub-Division and Urban Police Station shall be a special invitee in official
meetings relating to town planning, essential services or emergency services
in such urban areas.
THE HIMACHAL PRADESH POLICE ACT, 2007 41
(4) Provisions of Chapter-VII of this Act shall apply mutatis mutandis
to Urban Police Districts, Urban Police Sub-Divisions and Urban Police
Stations.
CHAPTER-IX
PUBLIC ORDER AND INTERNAL SECURITY
Public Order, Internal Security and Disaster Management.-
(1) The Director- General of Police shall cause to be framed a State Internal
Security Scheme for the entire State as well as for each of the Districts and
major urban areas, to deal with management of public order and shall place it
before the State Police Board for its approval.
(2) The District level Internal Security Schemes shall be prepared by
the District Superintendent of Police and shall be sent to the Director-General
of Police along with the endorsement and suggestions of the District
Magistrate and the Commissioner of the Division, and shall be updated
annually.
(3) The Internal Security Scheme shall cover all anticipated
contingencies involving public security, including riots, aggression,
insurgency terrorism, sabotage, strikes, industrial or manmade disasters,
natural disasters and the like, based on local conditions.
(4) It shall be the duty of the District Superintendent of Police to
provide to the District Magistrate all information regarding resources
available with the District Police for managing natural and manmade disasters
and Standard Operating Procedures (SOPs) in various contingencies and to
advise on the formulation of District level Disaster Management Plans.
(5) The Internal Security Schemes shall incorporate regularly updated
and comprehensive Standard Operating Procedures (SOPs) for the action to be
taken by the Police, independently or in coordination with other concerned
agencies in the period preceding, during, and in the aftermath of a security
crisis.
(6) Based on the District level and State level Internal Security
Schemes, the Director- General of Police shall prepare Plans for acquisition
for necessary equipment and for the training of police officers including
Special Units and shall submit proposals to the State Police Board from time
to time.
Declaration of Special Security Zone.- (1) If the security of the
State is threatened in an area by insurgency or by terrorist or militant activity,
the State Government may, by notification published in the Official Gazette,
declare such area to be a Special Security Zone.
(2) Every notification issued under sub-section (1) shall cease to
operate on the expiration of three months unless it has been approved by
resolution by the State Legislature within the stipulated period:
Provided that if the State Legislature is dissolved within the stipulated
period, the notification shall cease to operate on the expiration of 30 days
42 THE HIMACHAL PRADESH POLICE ACT, 2007
from the date on which the State Legislature is reconstituted, unless it has
been approved by resolution by the State Legislature.
(3) A notification issued under sub-section (1) and approved under
sub-section (2) shall cease to operate on the expiration of such period but not
exceeding two years, as may be specified in the notification:
Provided that if a resolution approving the continuation of such a
notification is passed by the State Legislature, the notification shall continue
to be in force for such further period but not exceeding two years from the
date on which it would otherwise have ceased to operate, as may be specified
in the resolution.
(4) Every notification issued under this section shall be laid, as soon
as may be, before the State Legislature.
Administration of Special Security Zones.- (1) The State
Government may, on the recommendations of the of State Police Board, by
notification, create appropriate police and administrative structure in any
Special Security Zone in order to meet the threat of insurgency or terrorism or
militancy, and in consultation with the Director-General of Police may
prescribe procedures to be followed by the police and administrative
structures.
(2) The State Government may, on the recommendations of the
Director-General of Police or the District Magistrate, and for reasons to be
recorded in writing, order the ban or regulation of production, sale, storage,
possession or entry of any device or equipment or material substance if such
device, equipment or material substance is considered likely to be of
assistance to insurgents or terrorists or militants, as the case may be, in a
Special Security Zone.
(3) Any notification issued under this section shall cease to operate on
the expiration of the period of operation of the notification issued under
section 75 of this Act.
(4) Every notification issued under this section shall be laid, as soon
as may be, before the State Legislature.
CHAPTER-X
CRIMINAL INVESTIGATION
Reporting and Registration of Crime.- (1) Any person having
knowledge of commission of any offence shall forthwith report the matter,
along with all particulars within his knowledge, to the Police Station or Police
Post having jurisdiction or the nearest Police Station :
Provided that it shall be sufficient for the person to report such
information by telephone or such other means as may be specified by the
Director-General of Police by Standing Orders.
THE HIMACHAL PRADESH POLICE ACT, 2007 43
(2) A report of commission of an offence shall be entered in the
records of the Police Station forthwith in accordance with the law in such
manner and on such format as may be prescribed.
(3) The officer-in-charge of a Police Station or Police Post having
jurisdiction shall cause the report to be investigated in accordance with the
provisions of the law for the time being in force:
Provided that if jurisdiction lies with another Police Station, the
officer in-charge of the Police Station where the report has been lodged or
entered, shall cause to be forwarded all necessary information to the officerin-charge of such Police Station in such manner as may be specified by the
Director-General of Police by Standing Orders.
Investigation by District Police.- (1) There shall be a Criminal
Investigation Unit in every Police Station for the investigation of serious
offences as may be specified by the Director-General of Police, by regulations
made from time to time, which shall include murder, kidnapping, sexual and
unnatural offences, dacoity and dowry related offences, and offences other
than serious offences may be investigated by other staff of the Police Station
subject to the provisions of the Act and the rules made thereunder.
(2) The Criminal Investigation Unit shall comprise of Investigating
Officers who shall be Non-Gazetted Police Officers Grade-I and they shall be
assisted by such number of Non-Gazetted Police Officers Grade-II as may be
prescribed by the State Government or specified by the Director-General of
Police by standing orders.
(3) Non-Gazetted Police Officers posted in the Criminal Investigation
Unit shall be selected on the basis of their aptitude, competence and integrity
and shall form a sub-cadre for the purposes of postings:
Provided that the State Government may prescribe periodical training
and examinations for various Non-Gazetted ranks of the Criminal
Investigation Unit and may frame rules for the organization and management
of the sub-cadre.
(4) Non-Gazetted Police Officers Grade-I posted in the Criminal
Investigation Unit shall have a minimum tenure of 3 years and a maximum
tenure of 5 years at a Police Station :
Provided that an officer may be transferred before completion of
tenure on promotion or reversion to a lower rank or if a charge-sheet has been
served on him in a disciplinary case or charges in a criminal case has been
framed against him in a Court of law or a criminal case is ordered to be
registered by the District Superintendent of Police against him.
(5) Within 3 years from the date of coming into force of this Act, the
State Government shall create a separate cadre of Investigation Officers, and a
separate cadre of Scene-of-Crime Officers who shall possess such
qualifications in scientific investigation and forensic sciences as the State
Government may prescribe, and Scene-of-Crime Officers shall be posted in
every Police Station at District and Sub-Divisional Headquarters.
44 THE HIMACHAL PRADESH POLICE ACT, 2007
(6) An Investigation Officer posted in a Criminal Investigation Unit
shall not be assigned any work other than investigation and the investigation
work of the Criminal Investigation Unit in the Police Station shall be
supervised closely by the officer-in-charge of the Police Station. An officer
assigned to a case shall not be changed unless he is suspended or transferred,
or his ability to impartially investigate a case is under doubt or the officer is
incapacitated. The officer-in-charge of the Police Station shall record the
reasons in case investigation work is proposed to be reassigned and shall
obtain the prior written approval of the District Superintendent of Police or
Additional Superintendent of Police.
(7) The Investigation Officer assigned to a case shall forthwith visit
the scene of the crime and take steps in accordance with investigative
procedures specified by the Director-General of Police, by standing orders.
The officer-in-charge of the Police Station shall preferably the same day, but
in any case within 48 hours, visit the scene of crime in all cases of serious
offences and issue specific written directions for ensuring the speedy and fair
investigation of the offence.
Supervision by Sub-Divisional Police Officers.- (1) The SubDivisional Police Officer shall visit the scene of crime in all cases of serious
offences personally at the earliest opportunity but in any case within 48 hours
and shall ensure that all requisite legal, scientific and forensic requirements
for proper investigation are fully met.
(2) The Sub-Divisional Police Officer shall monitor the progress of
investigation in all cases entrusted to the Criminal Investigation Unit and shall
issue directions in writing, where in his opinion, a particular aspect requires
specific investigation and shall accord approval to the final report in each case
of serious offence before it is filed in the Court having jurisdiction.
(3) The Sub-Divisional Police Officer shall closely monitor the
progress of prosecution of all serious offences to ensure that the results of the
investigation are put forth in the best possible manner before the trial Court.
Supervision by the District Superintendent of Police.- (1) The
District Superintendent of Police shall generally monitor the progress of
investigation in all criminal cases registered in the District and shall closely
oversee the progress of investigation of cases of serious offences by the
Criminal Investigation Unit.
(2) The Superintendent of Police shall be assisted by a Law Officer
posted for the purpose of providing legal advice on criminal investigation.
(3) The Superintendent of Police shall designate an Additional
Superintendent of Police in his district as the in-charge of the District
Criminal Investigation Unit to monitor cases of serious offences and make
recommendations to him for improving the speed and quality of investigation
generally or in specific cases and may also if a case so requires, direct that the
investigation shall be done by a Special Investigating Team headed by an
Additional Superintendent of Police, or a Sub-Divisional Police Officer or an
THE HIMACHAL PRADESH POLICE ACT, 2007 45
Assistant or Deputy Superintendent of Police, comprising Investigating
Officers from Criminal Investigation Units of any Police Stations of the
District.
Investigation of Other Offences.- Offences other than serious
offences, including traffic offences, affray, minor disputes affecting the public
peace, simple hurt, minor theft, instances of public nuisance and such cases as
are not investigated by the Criminal Investigation Unit or any specialized unit
shall be investigated by the civil police of the Police Station having
jurisdiction.
State Criminal Investigation Department.- (1) The State
Criminal Investigation Department shall take up investigation of only serious
offences of inter-state or inter-district nature or of a specialized nature,
including cyber crime, organized crime and such other types of offences as
may be notified by the State Government from time to time.
(2) The Director-General of Police may entrust the Criminal
Investigation Department with the investigation of any case registered with
any Police Station in the State in case special investigation is expeditiously
required, or it is necessary to do so, to maintain public credibility in the
investigative process.
(3) There shall be a Law Officer not below the rank of the Joint
Director (Prosecution) exclusively to assist and aid the officers of the State
Criminal Investigation Department on legal aspects of investigation and
subsequent prosecution.
(4) The Criminal Investigation Department shall have in its
headquarters a Police Station with State wide jurisdiction to facilitate
registration of cases to be investigated by the Criminal Investigation
Department.
(5) The head of the Criminal Investigation Department may constitute
Special Investigation Teams to investigate complex cases and shall have the
powers to call for reports of investigation and issue advisories to Investigation
Officers of the Criminal Investigation Department and the District Criminal
Investigation Unit.
(6) Investigation Officers in the Criminal Investigation Department
shall be part of the cadre of Investigation Officers created under sub-section
(5) of section 78 and the Scene-of-Crime Officers of the Department shall be
part of the Scene-of -Crime Officers cadre.
(7) The District Superintendent of Police shall provide all assistance
and criminal intelligence to Investigation Officers whether of the Criminal
Investigation Department or otherwise.
(8) The Head of the Criminal Investigation Department shall cause to
be prepared, within 6 months from the date of coming into force of this Act, a
comprehensive Investigation Manual specifying detailed operating procedures
for investigation of serious offences by the Criminal Investigation
Department, District Criminal Investigation Unit and Police Station level
46 THE HIMACHAL PRADESH POLICE ACT, 2007
Criminal Investigation Units. The Manual along with the recommendations of
the Director-General of Police shall be placed before the State Police Board
for its approval within 9 months from the date of coming into force of this
Act.
(9) The Criminal Investigation Department shall publish a periodical
Criminal Investigation Gazette, giving information regarding arrests,
identification wanted, missing persons, proclaimed offenders, notices and
warnings etc., in such form and with such contents as the Director-General of
Police may direct from time to time. The Gazette shall be widely circulated,
and published on the website of the Police Department.
Forensics.- (1) The Director, Forensic Science shall, from time to
time, with the approval of the State Police Board, communicate to the State
Government, the forensic facilities or services required at the State, Range and
District level for the purpose of scientific investigation of crime, and the
scientific evidence that should be collected in various circumstances.
(2) The State Government shall make available the necessary
financial resources to provide the requisite forensic facilities or services
within 6 months and if it is unable to provide the facility it shall communicate
the reasons which shall be placed before the State Police Board in its next
meeting.
(3) It shall be mandatory for all Investigation Officers, whether of the
State Criminal Investigation Department or the Criminal Investigation Unit of
the Police Station of the District to collect samples in the manner prescribed
by the Director, Forensic Science and send them for analyses to the designated
forensic laboratory.
(4) The Director-General of Police, in consultation with Director,
Forensic Science, shall, by Standing Order-
(i) prescribe the expertise including Diploma and Certification
for Investigation Officers of the Criminal Investigation
Department and the Criminal Investigation Unit;
(ii) determine the specifications of scientific interrogation centers
and the Standard Operating Procedures in such centers;
(iii) determine the nature and specifications of the audio-video and
other equipment that may be used in investigation and the
Standard Operating Procedures for the purpose; and
(iv) lay down the Standard Operating Procedures in investigating
various types of crime including the procedure for collecting
samples for forensic analysis.
Maintenance of Crime Forensic Data banks.- (1) The State
Criminal Investigation Department shall maintain a data bank of all
information important for crime investigation, crime prevention and tracing of
lost and missing persons and property and shall administer the State Crime
Records Bureau and District Crime Records Bureau for the purpose.
THE HIMACHAL PRADESH POLICE ACT, 2007 47
(2) The Criminal Investigation Department shall maintain adequate
linkages with District Superintendent of Police and with the National Crime
Records Bureau for data updating, sharing and exchange.
(3) The Criminal Investigation Department shall have a Finger Print
Bureau to be headed by an Officer of the rank of atleast Superintendent of
Police. The Bureau shall maintain computerized searchable databanks of
fingerprints, including those collected in the course of investigation by the
Bureau, the State Criminal Investigation Department or the District Police.
The State Finger Print Bureau shall coordinate activities with similar agencies
in other States and Government of India. The Finger Print Bureau shall
provide training to Investigation Officers of the District Police and develop
standard operating procedures for lifting, developing and matching finger
prints in various circumstances, and shall publish a Finger Printing Manual for
the purpose.
Respect for privacy and fair investigation.- (1) Every
Investigation Officer and his official superiors shall respect the need for
privacy of victims of offences and witnesses.
(2) Every Investigation Officer and his official superiors shall take all
possible steps to ensure fair and impartial investigation, and while respecting
the right to privacy of victims of offences and witnesses, shall ensure that
such information as is necessary to be revealed to the public, in the public
interest, for maintaining public credibility in the investigative process, is put
forth as soon as possible.
(3) The Director-General of Police may, by regulations, specify
procedures for the purpose of this section.
CHAPTER-XI
REGULATION, CONTROL AND DISCIPLINE
Prohibition of certain practices.- (1) No Police Officer shall join
or be a member of any Association or participate in the activities of such
Association which has an objective, or which aims at, collective negotiation
on matters relating to the police service.
(2) No Gazetted Police Officer or Non-Gazetted Police OfficerGradeI shall be posted in his Home district and no Non-Gazetted Police Officer
Grade-II shall be posted in his Home Police Station, as recorded in his Service
Book.
(3) No Police Officer shall engage in any employment or office
whatsoever other than his duties under this Act, unless expressly permitted to
do so in writing by the competent authority.
Breaches of discipline and disciplinary misconduct by a Police
Officer.- (1) Whoever, being a Police Officer-
(i) knowingly contravenes or fails to follow the provisions of any
misconduct law or any rule or instruction made thereunder, in
48 THE HIMACHAL PRADESH POLICE ACT, 2007
the discharge of his official duties, with the intention of
giving undue benefit or causing harm to any person; or
(ii) knowingly disobeys a lawful direction of his official superior
or of a public servant empowered to issue directions, with the
intention of giving undue benefit or causing harm to any
person; or
(iii) exhibits cowardice in the line of duty; or
(iv) abdicates duties or withdraws from duty in contravention of
the provisions of this Act; or
(v) is grossly insubordinate to a superior Police Officer ; or
(vi) engages himself or participates in any demonstration,
procession or strike, or resorts to, or in any way abets, any
form of strike or coercion to compel any authority to concede
anything; or
(vii) commits any other service misconduct;
shall be deemed to have breached service discipline and shall be liable
to be punished for conduct unbecoming of a Police Officer by a disciplinary
authority in accordance with the provisions of this Act and relevant conduct
rules.
(2) The State Government, having regard to the nature of misconduct,
may by notification published in the Official Gazette, classify the “major” and
“minor” misconducts for which any of the following penalties shall
respectively be awarded, namely:-
(I) Major Penalties-
(a) Dismissal from service; or
(b) Removal from service; or
(c) Compulsory retirement; or
(d) Reduction in rank; provided that such reduction shall not be
to a rank below the rank in which such officer was
recruited:
Provided that a Police Officer who has been sentenced by a criminal
court of law to imprisonment exceeding one month or whose misconduct is of
the gravest nature, including-
(i) spying or anti-national activities; or
(ii) damaging public infrastructure or public property; or
(iii) causing indiscipline amongst fellow policemen or going on
strike, mass causal leave or resorting to mass abstention; or
(iv) promoting enmity between various classes of society or
causing riots etc; or
THE HIMACHAL PRADESH POLICE ACT, 2007 49
(v) negligence or connivance in escape of a prisoner in lawful
custody; or
(vi) corruption or perjury ; or
(vii) such other major misconduct as the State Government may,
having regard to its nature, declare to be misconduct of the
gravest nature;
shall be awarded the penalty of dismissal from service; and
(II) Minor Penalties:-
(a) reduction in pay by upto 3 stages in the timescale for a period
not exceeding 3 years; or
(b) withholding of increments for upto 3 years ; or
(c) fine not exceeding one month’s pay; or
(d) reprimand or censure; or
(e) fatigue drill.
Disciplinary Penalties.- (1) Subject to the provisions of this Act
and in the manner as may be prescribed, any Gazetted Police Officer of the
rank of Superintendent of Police or above, can award any of the major
penalties to any Non-Gazetted Police Officer for whom such Gazetted Officer
is an appointing authority.
(2) Any Gazetted Police Officer of the rank of Superintendent of
Police or above, in accordance with the procedure prescribed, shall have the
power to award any of the minor penalties to any Non-Gazetted Police Officer
under his official control.
(3) The Assistant Superintendent of Police or the Deputy
Superintendent of Police or any other officer of equivalent or higher rank shall
have the power to award the minor penalty of reprimand or censure to NonGazetted Police Officers upto the rank of Sub-Inspectors of Police for such
misconduct as may be prescribed.
(4) Any Police Officer of the rank of Inspector and above may, in
accordance with the procedure prescribed, award the minor penalty of
reprimand or censure or of fatigue drill to Non-Gazetted Police Officers
Grade-II for such misconduct as may be prescribed.
(5) Any penalty specified under sub-sections (1) to (4) , if awarded to
any Police Officer, shall not affect his liability for prosecution and
punishment for any criminal offence committed by him or his liability to
make good the pecuniary loss caused by his proven misconduct.
Suspension.- (1) Any Gazetted Police Officer or Inspector or any
officer-in-charge of a Police Station, as the case may be, may suspend,
pending inquiry or investigation, any Non-Gazetted Officer under his control
who is guilty or reasonably suspected guilty of gravest misconduct and whose
50 THE HIMACHAL PRADESH POLICE ACT, 2007
immediate suspension is necessary in the public interest or to maintain
discipline in the Police force:
Provided that where any Police Officer below the disciplinary
authority orders the suspension of a Police Officer under his control, he shall
immediately inform the disciplinary authority, who may confirm or rescind
the order.
(2) Suspension of Gazetted Police Officers shall be made by the
authority competent to order suspension under the relevant service rules.
(3) Every order of suspension passed under this section shall be in
writing giving briefly the reasons thereof.
(4) Where a Police Officer is suspended (whether in connection with
any disciplinary proceeding or otherwise) and any other disciplinary
proceeding is commenced against him during the continuance of his
suspension, the authority competent to place him under suspension may, for
reasons to be recorded in writing, direct that the Police Officer shall continue
to be under suspension until the termination of all or any such proceedings.
(5) An order of suspension may, at any time, be revoked, modified or
reviewed suo-moto, or on the representation of the suspended officer by the
authority which made the order or by any authority to which that authority is
subordinate.
(6) All cases where the period of suspension exceeds one year shall be
reported to the State Police Board by the Director-General of Police.
Appeals from orders of punishment.- An appeal against any
order of punishment passed against a Police Officer under this Act or the rules
made thereunder shall lie-
(i) where the order is passed by the Director-General of Police,
to the State Government;
(ii) where the order is passed by an officer subordinate to the
Director-General of Police, to the next higher-ranking officer
in the police hierarchy in that organization.
Separate set of rules for Police Officers.- (1) All Non-Gazetted
Police Officers shall be exempted from application of classification,
discipline, appeal and conduct Rules applicable to other State Government
employees, and shall be governed by Rules framed under this Act for the said
purpose.
(2) Indian Police Service and Gazetted State Police Service Officers
shall be governed by their respective rules on matters relating to conditions of
their service.
Police Officers always on duty.- (1) Every Police Officer not on
leave or under suspension shall, for all purposes of this Act, be considered to
be always on duty and may at any time be deployed as a Police Officer in any
part of the State, or in any other State in accordance with the law.
THE HIMACHAL PRADESH POLICE ACT, 2007 51
(2) A Police Officer shall not abdicate his duties or withdraw himself
from the duties thereof, unless expressly allowed to do so in writing by the
Director-General of Police or any such officer as may be authorized by him to
grant such permission or by the competent officer in case of Indian Police
Service Officers and Gazetted State Police Officers. A Police Officer who,
being on leave, fails without reasonable cause to report himself for duty on the
expiration of such leave shall be deemed within the meaning of this section, to
withdraw himself from the duties of his office.
CHAPTER-XII
POLICE ACCOUNTABILITY
State Police Complaints Authority.- (1) There shall be
established a State Police Complaints Authority comprising the Lokayukta,
Himachal Pradesh to receive and enquire into allegations of criminal
misconduct by Police Officers. The State Police Complaints Authority may
also generally oversee the system of police accountability in order to reduce
the potential for corruption in police services. The recommendations of the
State Police Complaints Authority shall be binding on the State Government.
(2) In all cases where action to implement the recommendations has
not commenced within a period of 60 days from receipt of the
recommendations, the State Government shall inform the Authority of the
reasons.
(3) The powers of the State Police Complaints Authority shall be such
as may be prescribed.
District Police Complaints Authority.- (1) The State
Government shall establish a Police Complaints Authority in each District to
receive complaints of misconduct including criminal misconduct. The
authority shall also monitor the status of departmental inquiries against NonGazetted Police Officers initiated in the District on the orders of the State
Police Complaints Authority.
(2) The powers of the District Police Complaint Authority shall be
such as may be prescribed with the concurrence of the State Police
Complaints Authority.
Composition of the District Police Complaint Authority (1)
The District Police Complaints Authority shall be headed by the Divisional
Commissioner of the Division and shall include 3 other Non-Official
Members (who may be retired senior Police Officers of the rank of
Superintendent of Police and above, retired prosecutors of the rank of District
Attorney and above, or retired Judicial Officers of the rank of Additional
District Judge and above) . The Non-Official Members shall be nominated by
the State Government in consultation with the Lokayukta for a period of three
years and shall be eligible for re-nomination.
(2) No person shall be eligible to be nominated or to continue as a
Non-Official Member if he-
52 THE HIMACHAL PRADESH POLICE ACT, 2007
(i) is not a citizen of India; or
(ii) has a charge-sheet filed against in a Court of Law in a
criminal case; or
(iii) has been dismissed or removed from service or been
compulsory retired from public employment on grounds of
corruption or misconduct; or
(iv) is of unsound mind; or
(v) holds public office or is an office bearer of any political party
or political organization.
(3) Non-Official Members shall be paid a sitting fee and travelling
allowance and daily allowance at such rates as may be notified by the State
Government.
(4) The District Police Complaints Authority shall meet as often as
required, but at least once a month and the proceedings shall be open to the
public and a record of the proceedings shall be kept.
Functions of District Police Complaints Authority.- The
District Police Complaints Authority shall-
(i) forward the complaints of criminal misconduct, received
directly by it , to the State Police Complaints Authority for
further action;
(ii) forward the complaints of other misconduct received by it,
made against Non-Gazetted Police Officers, to the District
Superintendent of Police, Commandant of Battalion or other
disciplinary authority, as the case may be;
(iii) forward complaints containing allegations of other
misconduct against any Gazetted Police Officer to the State
Government, for further action, under intimation to the State
Police Complaints Authority;
(iv) monitor the status of departmental inquiries initiated on the
basis of complaints of misconduct received by it against NonGazetted Police Officers, and obtain reports from the District
Superintendent of Police, Commandant of Battalion, or other
disciplinary authority, with such frequency as may be
specified. The authority shall also monitor departmental
inquiries against Non-Gazetted Police Officers initiated in the
District on the orders of the State Police Complaints
Authority;
(v) issue appropriate advice to the disciplinary authority
concerned, in cases where the original complaint was
received by the District Police Complaints Authority, for
expeditious completion of inquiry in any case, if, in the
THE HIMACHAL PRADESH POLICE ACT, 2007 53
opinion of the District Police Complaints Authority, such an
inquiry is getting unduly delayed;
(vi) call for a report from the disciplinary authority, and issue
appropriate advice for further action including, if necessary, a
fresh inquiry by another officer, when a complainant, being
dissatisfied by an inordinate delay in the process of
departmental inquiry into his complaint of misconduct, brings
such matter to the notice of the District Police Complaints
Authority; and
(vii) report to the State Police Complaints Authority cases where
departmental inquiry into misconduct in respect of a NonGazetted Police Officer is not concluded in time by the
Inquiry Officer concerned inspite of the advice of the District
Police Complaints Authority to the disciplinary authority:
Provided that a District Police Complaints Authority may at any time,
for reasons to be recorded in writing, and subject to the directions of the State
Police Complaints Authority, decide not to take further action on a complaint
of misconduct, if it appears that the complaint is incorrect in material
particulars or vexatious or malicious, with the intention of impeding the
exercise of lawful authority:
Provided further that in case of an intentionally false or vexatious or
malicious complaint, the District Police Complaints Authority may
recommend to the State Police Complaints Authority, the imposition of a fine
not exceeding twenty five thousand rupees as may be deemed appropriate in
the circumstances of the case.
97.Report of the District Police Complaints Authority.- Each
District Police Complaints Authority shall prepare and submit to the State
Police Complaints Authority an annual report at the end of each calendar year,
inter alia, containing-
(i) the numbers and types of cases of “criminal misconduct” and
“other misconduct” forwarded by it to the State Police
Complaints Authority and the disciplinary authority
respectively, during the year;
(ii) the number and types of cases monitored by it during the
year;
(iii) the number and types of cases of “misconduct” referred to it
by the complainants upon being dissatisfied by the
departmental inquiry into their complaints; and cases in
which advice was issued by it to the disciplinary authority for
further action; and
(iv) identifiable patterns of misconduct if any on the part of Police
Officers in the District and recommendations on measures to
enhance police accountability.
54 THE HIMACHAL PRADESH POLICE ACT, 2007
Rights of the complainant.- (1) A person may lodge his
complaint relating to any misconduct including criminal misconduct on the
part of any Police Officer either with the departmental Police authorities or
with the State Police Complaints Authority or the District Police Complaints
Authority.
(2) Where a person has lodged a complaint with the police authorities,
he may inform the State Police Complaints Authority or the District Police
Complaints Authority at any stage of the departmental inquiry about any
undue delay in the process of enquiry.
(3) The complainant shall have the right to be informed of the
progress of the inquiry from time to time by the inquiring authority and on
completion of inquiry or departmental proceedings, the complainant shall be
informed of the conclusions of the proceedings as well as the final action
taken.
(4) The complainant may attend hearings in an inquiry concerning his
case and after each hearing, the complainant shall be informed of the next date
and place of the hearing.
(5) All hearings shall be conducted in Hindi (the Official Language)
or in English, and a written transcript shall be provided to the complainant
free of cost in Hindi or English, as the case may be, if the complainant is not
able to understand the language in which the proceedings or a portion thereof
is conducted.
Duty of the police and other state agencies. (1) It shall be the
duty of every Police Officer of the District Police and the State Police as well
as any other agency concerned, to provide to the State Police Complaints
Authority and the District Police Complaints Authority all information they
may reasonably require to perform their duties.
(2) The authority which is required to implement a recommendation
of the State or District Police Complaints Authority shall, if it is of the opinion
that it is not expedient to implement such a recommendation, inform the State
Government of the reasons as soon as possible, but not later than 30 days of
receiving the recommendation.
Bar to interfere with the functioning of the State Police
Complaints Authority or the District Police Complaints Authority.- (1)
Whoever influences or interferes with the functioning of the State Police
Complaints Authority or the District Police Complaints Authority, except in
the course of lawful duty, shall, on conviction, be punishable with
imprisonment for a term which may extend to one year or with fine which
may extend to twenty five thousand rupees or with both:
Provided that any threat, coercion or inducement offered to any
person to make a false, vexatious or malicious complaint, or to any witness or
victim of police misconduct with the intention of misleading proceedings,
shall be deemed to be interference with the functioning of the State Police
THE HIMACHAL PRADESH POLICE ACT, 2007 55
Complaints Authority or the District Police Complaints Authority, as the case
may be.
(2) The State Police Complaints Authority may, if it comes to the
conclusion that a complaint of police misconduct is intentionally false or is
vexatious or malafide, may impose a fine not exceeding twenty five thousand
rupees:
Provided that no such orders shall be made without affording the
affected party a reasonable opportunity of being heard.
Performance audit by State Bureau of a Police Research and
Development.- (1) The State Police Board or the State Government may
require the State Bureau of Police Research and Development to arrange the
conduct of a performance audit of police functioning or studies on various
aspects of police performance, or conduct of various kinds of surveys
including public opinion surveys and make its recommendations on improving
the quality of policing or on new policing requirements in a changing
scenario.
(2) The Report of the Bureau shall be placed before the State Police
Board by the Director-General of Police along with his comments for a
decision on the recommendations.
Protection of action taken in good faith.- No suit or other
legal proceeding shall lie against the State Government, the State Police
Board, its members and staff, the State and District Police Complaints
Authority, its members, its Investigators, staff or any person in respect of
anything which is in good faith done or intended to be done in pursuance of
the provisions of this Act or the rules made thereunder.
Funding.- The State Government shall ensure that adequate
funds are provided to the State Police Complaints Authority and the District
Police Complaints Authorities for the effective performance of their functions.
The Police shall not provide any material or human resources to the State or
the District Police Complaints Authorities other than in accordance with the
general or specific directions of the State Government.
CHAPTER-XIII
WELFARE AND GRIEVANCE REDRESSAL MECHANISM
Career Progression.- The State Government shall formulate
policies in order to ensure adequate promotional avenues to meritorious Police
Officers of all ranks.
Welfare Committee.- (1) There shall be a Police Welfare
Committee, headed by an officer not below the rank of Inspector-General of
Police, in the office of the Director-General of Police to assist him in
implementing welfare measures for Police Officers and their families.
(2) The Committee shall comprise of representatives of all police
ranks and may also have other members in an advisory capacity. The
56 THE HIMACHAL PRADESH POLICE ACT, 2007
members of the Committee shall be nominated by the Director-General of
Police.
(3) The functions and activities of the Police Welfare Committee
shall, inter-alia include: health care (including post-retirement health care) ,
post-retirement/ post-death financial assistance, group housing, education and
sports activities, and career counseling of family members of Police Officers,
training of family members in entrepreneurial work/self-employment and
generation of employment opportunities and legal assistance to Police
Officers facing proceedings in matters relating to bonafide discharge of duty.
(4) The Director-General of Police shall constitute funds as may be
necessary for the welfare of Police Officers and their families with the prior
approval of the State Government which may provide matching grants as well
as outright grants.
(5) The State Government shall prescribe the modalities for the
smooth functioning of the Committee and subject to the rules, the DirectorGeneral of Police may make regulations to regulate its day-to-day functioning.
Insurance coverage, hospitals etc.- (1) State Government shall
evolve a scheme for adequate insurance coverage for all Police Officers
against any injury, disability or death in the course of performance of their
duty.
(2) The Police Officers engaged in specialized wings such as bomb
disposal squad, Commando Groups etc. shall be paid risk allowance
commensurate with the possible risks involved in performing these duties.
(3) Appropriate medical facilities shall be established at Battalion
headquarters and such other locations as may be deemed necessary for general
treatment to enable Police Officers to maintain the required standards of
health and physical fitness.
(4) Facilities for psychological counseling, in order to cope with
professional stresses, shall be given due attention in the Police Stations,
Battalions and other Police establishments.
Grievance Redressal.- (1) There shall be Police Grievances
Committees at the District, Battalion, Range and Headquarters level which
shall be headed by the Superintendent, Commandant, Deputy InspectorGeneral and an officer not below the rank of Additional Director-General
respectively, and there shall be two other Gazetted Police Officers in each
Committee, nominated by the Director- General of Police:
Provided that the two Gazetted Police Officers nominated to the
Headquarters Committee shall be of atleast the rank of Inspector-General.
(2) Representations by the Non-Gazetted Police Officers Grade-II
shall be made in writing to the District or Battalion Committee, as the case
may be.
THE HIMACHAL PRADESH POLICE ACT, 2007 57
(3) Representations by the Non-Gazetted Police Officer Grade-I shall
be made in writing to the Deputy Inspector-General of the Range or the
Special Unit, as the case may be.
(4) Representations by Gazetted Police Officers shall be made to a
Headquarters Committee which shall also hear appeals against decisions of
the District, Battalion and Range Committees:
Provided that in all cases where the representation requires to be
considered at the Government level, the Director-General of Police, instead of
referring the matter to the Headquarters Committee, shall forward the
representation to the State Government.
(5) All representations and appeals must be decided within 30 days
and a summary statement of the cases decided after 30 days as well a list of
cases over 30 days old and still pending with the facts of each case and
reasons for delay, shall be reported by the Director-General of Police to the
State Police Board, which may issue appropriate directions.
(6) An analysis of the grievances, their causes and impact on the
morale and efficiency of Police Service shall be carried out annually and shall
be included in the Annual Report of the State Police Board.
Working hours.- (1) The State Government shall take effective
steps to ensure that the average hours of duty of a police officer do not exceed
eight hours a day:
Provided that for exceptional reasons, the duty hours of a Police
Officer may extend up to 12 hours and in that event adequate compensation
and facilities shall be provided to the Police Officer.
(2) The State Government shall ensure that at least one weekly day
off is provided to all Police Officers.
CHAPTER-XIV
OFFENCES, PENALTIES AND POWERS
Regulation of public assemblies and processions.- (1) It shall
be duty of every person intending to form a procession or convene or collect
an assembly in any road, street or thoroughfare, to give intimation in writing
at least 24 hours in advance, to the officer-in-charge of the Police Station
having jurisdiction or the Sub-Divisional Police Officer or the District
Superintendent of Police.
(2) The District Superintendent of Police, or a Police Officer not
below the rank of Sub-Inspector authorized by him by general or special
order, on being satisfied that such an assembly or procession would, if
uncontrolled or unregulated, be likely to cause a breach of peace, may impose
necessary restrictions and conditions including making provisions for
satisfactory regulatory arrangements in compliance of which such assembly or
procession may take place.
58 THE HIMACHAL PRADESH POLICE ACT, 2007
(3) The District Superintendent of Police or a Police Officer not
below the rank of Sub-Inspector authorized by him by general or special
order, may, where necessary, direct the conduct of assemblies and processions
on the public roads, or in the public streets or thoroughfares, and specify the
routes and times for such processions to pass.
Assemblies and processions violating prescribed conditions.-
A Magistrate or any Gazetted Police Officer or the officer-in charge of a
Police Station, as the case may, shall have the powers to stop any assembly or
procession which has been convened or organized in contravention of the
provisions of section 109 of this Act, and order such assembly or procession
to disperse and such assembly shall be deemed to be an “unauthorized
assembly”.
Directions to keep order on public roads.- A Magistrate or the
District Superintendent of Police, or any other Police Officer not below the
rank of Sub-Inspector authorized by him by a general or special order, may
give reasonable directions to the public to keep order on public roads and
streets, thoroughfares, ghats, landing-places, railway stations, airports and any
other public places, in order to prevent obstruction, injury, harm, health
hazard, or annoyance to the public, or damage to property.
Power to reserve public places and erect barriers.- (1) A
Magistrate or the Superintendent of Police of the District or any other Police
Officer not below the rank of Sub-Inspector authorized by him by a general or
special order may, for any public purpose, by public notice, temporarily
reserve any street or other public place and prohibit persons from entering the
area so reserved, except on such conditions as may be specified in the notice.
(2) The Superintendent of Police of the District may authorize any
Police Officer under his control to erect or cause to be erected, barriers on any
public road temporarily reserved for any public purpose, and make such
orders as deemed fit for regulating the use of such barriers and specify all
necessary steps to be taken for safety of the public.
Regulation of the use of music and other sound systems in
and near public places.- The officer-in-charge of a Police Station or a Police
Sub-Division may, by order in writing, regulate the time and the volume of
music, sounds, performances, displays, broadcasts similar activities in or near
streets and public places to prevent annoyance to the residents of the
neighborhood.
Powers of Police Officers in respect of certain offences on
roads or public places.- (1) It shall be lawful for any Police Officer in
uniform to take into custody, without warrant, any person who within his
personal view, has committed any of the following offences on any road,
public place or thoroughfare 1
[within the limits of any municipal area,]
causing obstruction, annoyance, risk, danger or damage to residents or
passersby, namely:-
Inserted vide H.P. Act No. 1 of 2008, effective from 9th October, 2007.
THE HIMACHAL PRADESH POLICE ACT, 2007 59
(i) slaughters or wantonly commits cruelty to any animal; or
places.
(ii) drives or rides furiously any cattle or horses; or
(iii) obstructs the taking up or setting down of passengers at a
public transport halting place; or
(iv) exposes any good for sale; or
(v) is found drunk and incapable or riotous; or
(vi) indecently exposes himself ,urinates or defecates in a public
place or in public view; or
(vii) unauthorizedly affixes any bill, notice or other paper to, or
defaces, any property belonging to the State or Central
Government or any public authority; or
(viii) commits willful trespass into any property belonging to the
State or Central Government or any public authority; or
(ix) willfully damages any public alarm or any other public
emergency assistance system; or
(x) harasses or stalks a woman or makes indecent advances or
makes obscene remarks or gestures to a woman; or
(xi) begs or seeks alms.
(2) Any person, so arrested, if not immediately released on bail, shall
be produced as soon as possible, but not later than 24 hours, before the nearest
Judicial Magistrate having jurisdiction.\;
1
[Explanation.- For the purpose of this section, the expression
“municipal area” means the territorial area of the municipality constituted
under section 3 of the Himachal Pradesh Municipal Act, 1994 (Act No. 13 of
1994) , which may be a Nagar Panchayat or a Municipal Council or a
Municipal Corporation.]
Penalty for disobeying orders or directions.- (1) Whoever
contravenes the provisions of sections 64, 109, 110, 111, 112 or 113 of this
Act, may be arrested without a warrant by or on the directions of a Police
Officer in uniform not below the rank of Assistant Sub-Inspector and shall, on
conviction, be punishable with imprisonment for a term which may extend to
eight days or with fine which may extend to five thousand rupees or with
both:
Provided that any person, so arrested, may compound the offence by
pleading guilty before a Police Officer not below the rank of Sub-Inspector
and such Police Officer may accept from such person a compounding fee as
may be prescribed but not exceeding the amount of the fine, and on payment
Explanation inserted vide H.P. Act No. 1 of 2008, effective from 9th October,
60 THE HIMACHAL PRADESH POLICE ACT, 2007
of such compounding fee, the person, if in custody, shall be released forthwith
and no further proceeding shall be taken against him.
(2) Whoever contravenes the provisions of section 114 of this Act
shall on conviction, be punishable with simple imprisonment that may extend
to eight days or with fine which may extend to five thousand rupees or both:
Provided that any person so arrested may compound the offence by
pleading guilty before a Magistrate or a Police Officer not below the rank of
Deputy Superintendent of Police and such Magistrate or Police Officer may
accept from such person a compounding fee prescribed, not exceeding the
amount of the fine and on payment of such compounding fee, the person if in
custody shall be released forthwith, and no further proceeding shall be taken
against him.
Saving of control of Magistrate of the District.-
Notwithstanding anything contained in this Chapter, nothing shall be deemed
to have interfered with the general control of the Magistrates of the District on
the matters assigned to them under any law for the time being in force.
Police Officers to take charge of unclaimed property.- (1) A
Police Officer on duty shall take in custody all unclaimed property in such
manner as may be prescribed.
(2) Unclaimed property taken in custody, shall, with the approval of
the District Superintendent of Police or Sub-Divisional Police Officer, be
disposed off in such manner as may be prescribed, and proceeds shall be
deposited into the Government Treasury after deducting the cost of
transportation, storage and disposal of the property.
(3) The Director-General of Police may, by regulations, fix the time
limit having regard to the nature of the article, after which unclaimed property
may be disposed off.
Obstruction in Police work.- Any person who obstructs the
discharge of lawful duties and functions of a Police Officer may be arrested
without a warrant and shall, on conviction, be punishable with simple
imprisonment not exceeding three months or with fine not exceeding five
thousand rupees or with both.
Unauthorised use of police uniform.- Whoever, not being a
member of the State Police, wears the uniform of the State Police or any dress
having the appearance or bearing any of the distinctive marks of that uniform,
shall, on conviction, be punishable with simple imprisonment which may
extend to three months or with fine which may extend to five thousand rupees.
Refusal to surrender certificate etc. on ceasing to be a Police
Officer.- Whoever, having ceased to be a Police Officer, does not forthwith
and in any case not later than 7 days, surrender his certificate of appointment,
clothing, accoutrements and other items supplied for the discharge of his
duties, shall, on conviction, be punishable with fine which may extend to five
thousand rupees.
THE HIMACHAL PRADESH POLICE ACT, 2007 61
Making a false misleading statement.- Whoever knowingly
makes a false statement or a statement which is misleading in material
particulars to a Police Officer for the purpose of obtaining undue benefit or for
the purpose of causing intentional harm to any person shall, on conviction, be
punishable with imprisonment for a term which may extend to three months
or with fine which may extend to five thousand rupees.
Arrest, search, seizure and violence.- Whoever, being a Police
Officer-
(i) without lawful authority or reasonable cause enters or
searches, or causes to be entered or searched, any building,
vessel, tent or place; or
(ii) unlawfully or without reasonable cause seizes the property of
any person; or
(iii) unlawfully or without reasonable cause detains, searches, or
arrests a person; or
(iv) unlawfully or without reasonable cause delays the production
of any person arrested or detained to a Magistrate or to any
other authority to whom he is legally bound to produce such
person; or
(v) commits sexual harassment either while on duty or otherwise
by misusing his authority as a Police Officer; or,
(vi) subjects any person in his custody or with whom he may
come into contact in the course of duty, to torture or to any
kind of unlawful personal violence; or
(vii) holds out any threat not warranted by law;
shall, on conviction, be punishable with imprisonment for a term which may
extend to two years or with fine which may extend to ten thousand rupees, or
with both.
Plea that act was done under warrant.- (1) When any action or
prosecution is brought or any proceeding held against any Police Officer, for
any act done by him in such capacity, it shall be lawful for him to plead that
such act was done by him under the authority of a warrant issued by a
Magistrate.
(2) Such plea shall be proved by the production of the warrant
directing the act, and purporting to be signed by such Magistrate and the
defendant shall, thereupon, be entitled to a decree in his favour,
notwithstanding any defect to jurisdiction in such Magistrate. No proof of the
signature of such Magistrate shall be necessary, unless the Court shall see
reason to doubt it’s being genuine:
Provided always that any remedy that the party may have against the
authority issuing such warrant shall not be affected by anything contained in
this section.
62 THE HIMACHAL PRADESH POLICE ACT, 2007
Prosecution of Police Officers.- (1) No court shall take
cognizance of any offence under this Act, when the accused person is a Police
Officer, except on a report in writing, of the appointing or disciplinary
authority.
(2) No court below that of a Judicial Magistrate of the First Class
shall try any offence under this Act, when any of the accused persons is a
Police Officer.
(3) No suit or legal proceedings shall lie against a Police Officer for
any act or omission done in good faith in the bona-fide discharge of his duties.
Prosecution for offences under other laws.- Subject to the
provisions contained in section 300 of the Code of Criminal Procedure, 1973,
nothing in this Act shall be construed as preventing any person from being
prosecuted and punished under any other law for anything made punishable
under this Act.
Summary disposal of certain cases.- (1) Any Court taking
cognizance of an offence punishable under sections 64, 109, 110, 111, 112,
113, or 114 of this Act, may state upon the summons to be served on the
accused person that he may, by a specified date prior to the hearing of the
charge, plead guilty to the charge by registered post, and remit to the court
such sum not exceeding five thousand rupees as may be specified in the
summons.
(2) Where an accused person pleads guilty and remits the sum
specified in the summons, no further proceedings shall be taken against him in
respect of that offence.
Recovery of penalties and fines.- Provisions of sections 64 to
70 of the Indian Penal Code and sections 421 to 425 of the Code of Criminal
Procedure, 1973, shall apply to penalties, fines or any other sum payable
under this Act.
Limitation.- No court shall take cognizance of any offence
under this Chapter after the expiry of the period of limitation provided for in
section 468 of the Code of Criminal Procedure, 1973, and for the purpose of
computation of the limitation, provisions of Chapter XXXVI of the Code shall
apply.
129.Procedure for publishing directions and public notices.- (1)
All general directions, regulations, or public notices issued under this Chapter
shall be published in the office of the concerned District Magistrate, SubDivisional Magistrate, Sub-Divisional Police Officer, Police Station,
Panchayats having jurisdiction and in the locality affected thereby, by affixing
copies thereof in conspicuous places near to the building, structure, work or
place, as the case may be, to which the same specially relates or by
advertising the same in such local newspapers, and other media including
official websites as may be prescribed by the Director-General of Police by
Standing Orders.
THE HIMACHAL PRADESH POLICE ACT, 2007 63
(2) If any direction or order made under this section relates to any
matter with respect to which there is a provision in any other law, rule or
byelaw of the Municipal Corporation or municipalities or local authorities in
relation to public health, convenience or safety of the locality, such direction
or order shall be subject to such law, rule or byelaw.
CHAPTER-XV
MISCELLANEOUS
Disposal of fees and rewards.- (1) With effect from such date
as the State Government may, by notification in the Official Gazette appoint,
there shall be established for the purposes of this Act a fund to be called the
“Himachal Pradesh Police Fund”.
(2) The fund shall be under the control of the State Government and
there shall be credited to the fund any sums of money as may be provided by
the State Government for carrying out the purpose of this Act, and the balance
to the credit of the fund shall not lapse at the end of the financial year.
(3) The Director-General of Police shall maintain proper accounts of
the fund and other relevant records and prepare an annual statement of
accounts in such manner as may be prescribed.
(4) The fund shall be used for the objects and purposes connected
with better policing under this Act.
(5) The fund shall be administered by the Director-General of Police
in accordance with regulations made under this Act.
(6) Proceeds of all fines and fees paid for licenses or written
permissions issued under this Act, and all sums paid for the service of
processes by Police Officers and all rewards paid by private persons,
forfeitures and penalties or shares thereof, which are by law payable to Police
Officers as informers, shall, save in so far as any such fees or sums belong,
under the provisions of any enactment if in force, to any local authority, be
credited to the Consolidated Fund of the State and shall be appropriated, if the
State Legislature by law so provides, to the fund in such manner as may be
prescribed, for being utilized exclusively for the purpose of this Act.
(7) The fund shall be audited by the Examiner, Local Audit
Department, Himachal Pradesh.
Method of proving orders and notifications.- Publication of
any order or notification issued under any of the provisions of this Act, may
be proved by the production of a copy of the Official Gazette in which the
same is published, or a certified true copy of the original signed by such
Magistrate or officer.
Validity of rules and orders.- No rules, regulations, orders,
directions, or notifications made or published and no adjudication, inquiry or
act done under any of the provisions of this Act or the rules made thereunder,
which is substantially in consonance with the same, shall be deemed to be
illegal, void or invalid by reason of any defect of form.
64 THE HIMACHAL PRADESH POLICE ACT, 2007
Officers holding charge of succeeding to vacancies competent
to exercise powers.- Whenever the office of a Magistrate or Police Officer
falls vacant by any reason, the officer holding charge of the post of such
Magistrate, or Police Officer whether temporarily or permanently, shall be
competent to exercise all the powers and perform all the duties as are
conferred or cast on such officer under this Act.
Licenses and written permissions specify conditions.- (1) Any
license or written permission granted under the provisions of this Act, shall
specify the period, locality and the conditions and restrictions subject to which
the same is granted and shall be given under the signature of the competent
authority and shall be subject to payment of such fee as may be prescribed.
(2) Every person to whom such license or written permission has been
granted, shall, while it remains in force, produce the same at all reasonable
times, if so required by a Magistrate or a Police Officer.
Revocation of licenses and its consequences. (1) Any license or
written permission granted under this Act, may at any time, be suspended or
revoked by the competent authority, if any of its conditions or restrictions are
violated, or if the person to whom it has been granted is convicted of any
offence relating to such permission.
(2) When any such license or written permission is suspended or
revoked, or has expired, the person to whom such licence or written
permission was granted shall be deemed to be without a license or written
permission until the order for suspending or revoking the same is cancelled or
the licence is renewed, as the case may be.
Explanation.- For the purpose of this section any such violation by a
servant or agent acting on behalf of the person to whom the license or written
permission has been granted, shall be deemed to be a violation by the person
to whom such license or written permission has been granted.
Public notices how to be given.- Any public notice required to
be given under any of the provisions of this Act shall be in writing under the
signature of a competent authority and shall be published in the locality to be
affected thereby, by affixing copies thereof in conspicuous public places, or
by proclamation in public places using loudspeakers or other means, or by
advertising the same in such local newspapers in English, or Hindi, as the said
authority may deem fit.
Consent of a competent authority may be proved by written
document under his signature. -Whenever under this Act, the doing or the
omitting to do anything or the validity of anything depends upon the consent,
approval, declaration, opinion or satisfaction of a competent authority, a
written document signed by that competent authority purporting to convey or
set forth such consent, approval, declaration, opinion or satisfaction shall be
sufficient evidence thereof.
Signature on notices may be stamped.- Every license, written
permission, notice, or other document, not being a summons or warrant or
THE HIMACHAL PRADESH POLICE ACT, 2007 65
search warrant, required by this Act, or the rule made thereunder, shall bear
the signature of the competent authority and shall be deemed to be properly
signed, if it has been authorized for issue by him and bears the facsimile of his
signature stamped thereon.
Power to remove difficulty.- If any difficulty arises in giving
effect to any of the provisions of this Act, the State Government may by order
do anything, not inconsistent with the provisions thereof, which appears to it
to be necessary or expedient for the purpose of removing the difficulty and
every order so made under this section shall be laid on the table of the State
Legislature:
Provided that no such order shall be made under this section after the
expiry of two years from the commencement of this Act.
Persons aggrieved may apply to state Government to annul,
reverse or alter any rule or order. -Any person adversely affected by any
rule or order made by the State Government, under an authority conferred by
this Act requiring the public or a particular class of persons to perform certain
duties or functions, or to conduct themselves or those under their control in a
manner described therein may make a representation to State Government to
annul, reverse or alter the said rule or order.
Power to make rules.- (1) The State Government may, by
notification in the Official Gazette and after previous publication, make rules
for carrying out the purposes of this Act.
(2) Every rule made under this section shall be laid, as soon as may be
after it is made, before the Legislative Assembly, while it is in session for a
total period of not less than ten days which may comprised in one session or
in two or more successive sessions and if, before the expiry of the session in
which it is so laid or the session immediately following, the Assembly makes
any modification in the rule or decides that the rules should not be made, the
rule shall, thereafter, have effect only in such modified form or be of no
effect, as the case may be, so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that rule.
Power to make regulations.- The Director-General of Police
may, with the previous approval of the State Government and subject to the
rules made under section 141 of this Act, by notification published in the
Official Gazette, make regulations to carry out the purposes of this Act.
Power to issue standing orders.- (1) The Director-General of
Police may, subject to the rules and the regulations made under this Act, issue
standing orders to carry out the purposes of this Act.
(2) Subject to sub-section (1), the Inspector-General, the Deputy
Inspector- General, the District Superintendent of Police and Commandant of
a Battalion may, with the previous approval of the authority to whom they are
directly subordinate and subject to the rules and the regulations made under
66 THE HIMACHAL PRADESH POLICE ACT, 2007
this Act, issue standing instructions within their respective jurisdiction to
carry out the purposes of this Act.
Repeal and savings.- (1) The Police Act, 1861 (hereinafter
called the “said Act”) as in force by virtue of section 88 of the Punjab ReOrganization Act, 1966 (Act No. 31 of 1966) in the areas added to Himachal
Pradesh under section 5 thereof and as applied to the areas which comprised
in Himachal Pradesh immediately before the 1st day of November, 1966 by
virtue of the Himachal Pradesh (Application of Laws) Order, 1948 and the
Bilaspur (Application of laws) Order, 1949, is hereby repealed, in its
application to the State of Himachal Pradesh.
(2) Without prejudice to the provisions contained in the Himachal
Pradesh General Clauses Act, 1968 with respect to repeals, any notification,
rule, order, registration, appointment, certificate, notice, decision, direction,
approval, authorization, consent, application, request or thing made, issued,
given or done under the said Act, shall, if in force at the commencement of
this Act, continue to be in force and have effect as if made, issued, given or
done under the corresponding provisions of this Act.
(3) All references in any enactment to any provision of the said Act
shall be construed as a reference to the corresponding provisions of this Act.
(4) The Punjab Police Rules, 1934 as applicable to the State of
Himachal Pradesh shall, except to the extent that a provision may be
inconsistent with the provisions of this Act, continue to be in force and shall
have effect as if made under the corresponding provisions of this Act.
Repeal of H.P Ordinance No. 1 of 2007 and savings.- (1) The
Himachal Pradesh Police Ordinance, 2007 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken
under the Ordinance so repealed, shall be deemed to have been done or taken
under the corresponding provisions of this Act.

SCHEDULE-I
(See sections 24 and 35)
Oath or affirmation on first appointment
“I, ——–, having been appointed as a Police Officer of Himachal
Pradesh do swear in the name of God/ solemnly affirm that I will bear true
faith and allegiance to the Constitution of India as by law established, that I
will uphold the sovereignty and integrity of India, that I will duly and
faithfully and to the best of my ability, knowledge and judgment perform the
duties of my office without fear or favour, affection or ill-will and that I will
uphold the Constitution and the laws”.
THE HIMACHAL PRADESH POLICE ACT, 2007 67
SCHEDULE-II
(See Sections 25 and 36)
Certificate of Appointment
*
State/District Enrolment Number:
“ ———has been appointed as a Civil/ Armed * Non-Gazetted Police
Officer Grade-I/II* of the Police Service of the Government of Himachal
Pradesh under the provisions of the Himachal Pradesh Police Act, 2007, and
is vested with the powers, functions and privileges as well as the duties and
responsibilities of a Civil/ Armed * Police Officer under the said Act”.

delete the inapplicable
Name and designation of
Appointing Authority
Place :
Date :

The Himachal Pradesh Police Act, 2007

Submit a Comment Cancel reply