The Meghalaya Police Act, 2010

Keywords : Cattle, Core Functions, Headquarters Company, Insurgency, Internal Security, Militant Activities, Non-Core Police Functions, Organized Crime, Police District, Subordinate Rank, Terrorist Activity

Amendment appended: 12 of 2012

The-Meghalaya-Police-Act-2010-Download

The 7th February, 2011.
No.LL(B) 146/2010/2.–The Meghalaya Police Act, 2010 (Act No. 7 of 2011) is hereby published for general
information.
MEGHALAYA ACT NO. 7 OF 2011
(As passed by the Meghalaya Legislative Assembly)
Received the assent of the Governor on 4th February, 2011.
Published in the Gazette of Meghalaya Extra-Ordinary issue dated 7th February, 2011.
THE MEGHALAYA POLICE ACT, 2010
An
Act
to regulate the role, functions and management of police establishments and for matters relating thereto,
WHEREAS, in respect for and promotion of the human rights of the people and protection of their
civil, political, social, economic and cultural rights, is the primary concern of the Rule of Law;
AND,WHEREAS, further it is the constitutional obligation of the State to provide impartial and efficient
Police Service safeguarding the interests of the people with due regard to Rule of Law especially for
vulnerable sections of Society including the minorities and responding to the democratic aspirations of
citizens;
AND,WHEREAS, also such functioning of the police personnel needs to be professionally organised,
service oriented, free from extraneous influences and accountable to law to make more efficient instruments
for prevention and detection of crime;
AND,WHEREAS, further also it is expedient to redefine the role of the police, its duties and
responsibilities, by taking into account the emerging challenges of policing and security of State, the
imperatives of good governance, and respect for human rights;
AND, WHEREAS also it is essential to appropriately empower the police to enable it to function as an
efficient, effective, people-friendly, impartial, transparent, honest, professional, accountable and responsive
agency;
Be it enacted by the Legislature of the State of Meghalaya in the Sixty-first Year of the Republic of
India as follows:-
CHAPTER I
PRELIMINARY
Short title, extent
and
commencement

(1) This Act may be called the Meghalaya Police Act, 2010.
(2) It extends to the whole of the State of Meghalaya.
(3) It shall come into force on such date as the State Government
may, by notification in the Official Gazette, specify in this behalf.
Definitions. 2. (1) In this Act, unless the context otherwise requires, –
(a) “Act” means the Meghalaya Police Act, 2010;
(b) “Cattle” include and another domesticated animals like
cows, buffalos, elephants, horses, asses, mules,
sheep, goats and swine;
(c) “Core functions” mean duties related to sovereign
functions of the State including arrests, search,
seizure, crime investigation, crowd control and allied
functions that can only be performed by the police as
the agency of the State;
(d) “Headquarters Company” means a unit performing
administrative and other support functions of
Meghalaya Police Battalion including the India
Reserve Battalion;
(e) “Insurgency” includes waging of armed struggle by a
group or a section of population against the State with
a political objective including the separation of a part
from the territory of India;
(f) “Internal Security” means preservation of sovereignty
and integrity of the State from disruptive and antinational forces from within the State;
(g) “Militant activities” include any violent activity of a
group using explosives, inflammable substances,
firearms or other lethal weapons or hazardous
substance in order to achieve its political objectives;
(h) “Non-core police functions” means such functions
which are not core functions as may be prescribed;
(i) “Organized crime” includes any crime committed by a
group or a network of persons in pursuance of its
common intention of unlawful gain by using violent
means or threat of violence;
(j) “Place of public amusement and public entertainment”
includes such places as may be notified by the State
Government;
(k) “Police District” means the territorial area notified as
administrative and revenue district;
(l) “Police Officer” means any member of the Meghalaya
Police constituted under this Act;
(m) “Prescribed” means prescribed by rules under this
Act;
(n) “Public place” means any place to which the police
have access and includes-
(i) a public building and monument and precincts
thereof; and
(ii) any place accessible to the public for drawing
water, washing or bathing or for purposes of
recreation;
(o) “Regulations” means regulations made under this
Act;
(p) “Rules” means rules made under this Act;
(q) “Service” means the Police Service constituted under
this Act;
(r) “Service companies” mean units of the Meghalaya
Police Battalions including India Reserve Battalions
and District Armed Branch which are deployed for law
and order and other duties in support of civil
police/authorities;
(s) “Subordinate Rank” means all ranks below the rank of
Assistant or Deputy Superintendent of Police; and
(t) “Terrorist activity” includes any activity of a person or
a group using explosives or inflammable substances
or firearms or other lethal weapons or noxious gases
or other substance of a hazardous nature with the aim
to strike terror in the society or any section thereof,
and with an intent to overawe the Government
established by law:
Provided that any publication, document or
communication to promote terrorist activities shall be
deemed as terrorist activity.
(2) Words and expressions used in this Act but not defined
specifically shall have the same meaning as provided in the
Meghalaya Interpretation and General Clauses Act 1972, the Code of
Criminal Procedure 1973, the Indian Penal code 1860 and the
Administration of Justice and Police Rules as applicable in the State.
CHAPTER II
CONSTITUTION AND COMPOSITION OF THE POLICE SERVICE
One Police Service
for the whole State.
(1) There shall be one Police Service for the whole State of
Meghalaya. Members of the Police Service shall be liable to be posted
to any branch of the Police Service in the State, including any of its
specialised wings.
(2) The entire police establishment under the State Government
shall, for the purpose of this Act, be deemed to be one Police Force
and shall be formally enrolled and shall consist of such members of
officers and men and shall be constituted in such manner, as shall
from time to time be ordered by the State Government.
Constitution and 4. Subject to the provisions of this Act: –
composition of the
Police Service.
(1) The Police force shall consist of such numbers in various
ranks and have such organization as the State Government may, by
general or special orders determine.
(2) The direct recruitments to non-gazetted ranks in the Police
Service shall be made through a Recruitment Board by a transparent
process, adopting well-codified systems and procedures which should
not be susceptible to any misuse or abuse.
(3) Recruitment to the Indian Police Service and to the rank of
Deputy Superintendent of Police shall be made through the Union
Public Service Commission and the Meghalaya Public Service
Commission respectively.
(4) The composition of the Police Service shall, as far as
possible, reflect adequate representation of all sections of society,
including gender representation.
(5) The pay, allowances, service and working conditions of
police personnel shall be as prescribed by rules, from time to time
which shall be always commensurate with the arduous and hazardous
nature of their duties.
(6) Police personnel shall at all times remain accountable to
the law and responsive to the lawful needs of the people and shall
observe codes of ethical conduct and integrity, as prescribed.
Appointment of
Director General,
Additional Director
Generals, Inspector
General, Deputy
and Assistant
Inspector Generals.
(1) For the overall direction and supervision of the Police Service,
the State Government shall appoint a Director General of Police who
shall exercise such powers, perform such functions and duties, and
have such responsibilities and such authority, as may be prescribed or
under the direction issued by the Government.
(2) The State Government may appoint one or more Additional
Director Generals of Police, and as many Inspectors Generals, Deputy
and Assistant Inspector Generals of Police as necessary.
(3) The State Government may, by a general or special order
either or in consultation with the Director General of Police or on its
own direct in what manner and to what extent an Additional Director
General or an Inspector General or a Deputy or Assistant Inspector
General of Police shall assist and aid the Director General of Police in
the performance, exercise and discharge of his functions, powers,
duties, and responsibilities.
Selection and
Minimum Tenure of
DGP.
(1) The State Government shall appoint a Director General of Police
of the State from amongst the five eligible senior-most officers of the
cadre who have been empanelled for promotion to that rank by the
State Security Commission on the basis of following criteria:-
(a) length of service and fitness of health to standards as
prescribed;
(b) assessment of the performance appraisal reports of the
previous 15 years of service by assigning weightages to
different grading, namely, ‘Outstanding’, ‘Very Good’, ‘Good’
and ‘Satisfactory’;
(c) Range of relevant experience, including experience of work in
central police organisations, and training courses undergone;
(d) Indictment in any criminal or disciplinary proceedings or on the
counts of corruption or moral turpitude; or against whom
charges have been framed by a court of law in such cases;
(e) Due weight age to award of medals for gallantry, distinguished
and meritorious service.
The Director General of Police so appointed should have a
minimum tenure of one year subject to his normal date of
superannuation:
Provided that the Director General of Police may be transferred
from the post before the expiry of his tenure by the State Government
consequent upon: –
(a) conviction by a court of law in criminal offence or where
charges have been framed by a court in a case involving
corruption or moral turpitude; or
(b) punishment of dismissal, removal, or compulsory retirement
from service or of reduction to a lower post, or imposition of
any other penalty other than censure awarded under the
provisions of relevant Acts and Rules; or
(c) suspension from service in accordance with the provisions of
the rules; or
(d) incapacitation by physical or mental illness or otherwise
becoming unable to discharge his functions as the Director
General of Police;
(e) promotion to a higher post under either the State or the central
Government, subject to the officer’s consent to such a posting;
(f) Inefficiency or negligence or misdemeanor prima facie
established after preliminary enquiry:
Provided that in public interest the State Government may transfer
the Director General of Police as may be deemed appropriate to meet
any contingency.
Provided further that in case of any emergent need, pending
completion of the process of selection of the Director General of
Police, State Government may temporarily allow any eligible officer to
hold charge of the post.
Appointment of
Legal Advisors and
Financial Advisor.
(1) The State Government shall appoint a Legal Advisor and a
Financial Advisor to aid and advise the Director General of Police on
legal and financial matters respectively.
(2) The State Government shall also appoint a Public Prosecutor
in every District and the police may consult and seek his advise on any
legal issues and matters including the adequacy or otherwise of the
available evidence as deemed necessary in various cases
investigated by them. Cases which need legal advice will be referred
to the Public prosecutor by the District Superintendent of
Police/Deputy Commissioner concerned or by the Special
Superintendent of Police (CID) as the case may be or by their
Supervisory Officers.
(3) Appointment of officers at (1) and (2) above shall be made in
accordance with the relevant provisions of relevant Rule or Law as the
case maybe.
Creation of Police
Ranges.
The State Government, in consultation with the Director General of
Police, may by notification, create as many Police Ranges as
considered necessary. Each Range, consisting of two or more Districts
/ Police Districts, shall be headed by an officer of the rank of Deputy
Inspector General/Inspector General of Police who shall supervise the
police administration of the Range and report to the Addl. Director
General of Police, Law and Order if there is one or else to the Director
General of Police.
Police Districts. 9. There shall be a Police District in each administrative district of the
State. The administration of the police throughout such district shall
vest in the Superintendent of Police who may be assisted by as many
Assistant, Additional or Deputy Superintendents of Police, as
considered necessary.
District-level
Special Cells, SubDivisions and
Circles.
(1) For the purpose of dealing with a particular category of crimes
or for providing better services to the community at large including
victims of crime, the State Government may, in consultation with the
Director General of Police and by notification, create one or more
Special Cells in each District, to be headed by an officer of the rank of
Assistant/Deputy superintendent of Police.
(2) The State Government may by notification divide each
District/Administrative Districts into as many Sub-Divisions as deemed
necessary, to be headed by an officer of the rank of Assistant/Deputy
Superintendent of Police.
(3) The State Government may by notification divide each Police
Sub-Division into one or more Circles, each headed by an officer of
the rank of Inspector or Deputy Superintendent of Police:
Provided that in the event of a Circle being put under the
charge of a Deputy Superintendent, such officer shall report directly to
the District Superintendent of Police.
Police Stations. 11. (1) The State Government may, in consultation with the Director
General of Police and by notification, create as many Police Stations
with as many outposts and Beat Houses as necessary, in a Police
District as deemed necessary, duly keeping in view the population, the
area, the crime situation, the workload in terms of law and order and
the distances to be traversed by the inhabitants to reach the Police
Station.
(2) One or more Police Stations may be assigned to a Police
Circle for the purpose of control and supervision.
(3) A Police Station shall be headed by an Officer-in-Charge not
below the rank of Sub-Inspector of Police:
Provided that larger Police Stations may be placed under the
charge of officers of the rank of Inspector of Police.
(4) The State Government shall ensure availability of adequate
strength of staff at each Police Station, based on the population,
incidence of crime, law and order-related workload, volume of traffic
and the geographical area.
(5) The State Government shall provide, as early as possible,
each Police Station with all essential amenities including a receptioncum-visitors’ room, separate toilets for men and women and separate
lock-ups for men and women and 2 separate rest rooms for men and
women.
(6) Each Police Station shall prominently display all the relevant
information required to be made public, including the Supreme Court
guidelines and directions, as also departmental orders on arrests, and
the details regarding the persons arrested and held in lock-ups.
(7) Each Police Station shall be barrier free for access to persons
with disability and will have amenities for them.
Term of office of
key police
functionaries.
(1) Officers posted as Director General of Police; Addl. Director
General of Police, Law and Order; Inspectors General of Police;
Range Deputy Inspectors General of Police, District Superintendents
of Police, Sub-Divisional Police Officers, Circle Inspector or Officer-inCharge of Police Station shall have a minimum tenure of two years:
Provided that any such officer may be transferred/removed
from his post before the expiry of the minimum tenure of two years
consequent upon:
(a) promotion to a higher post; or
(b) conviction, or charges having been framed, by a court
of law in a criminal offence; or
(c) punishment of dismissal, removal, discharge or
compulsory retirement from service or of reduction to
a lower rank awarded under the relevant Discipline &
Appeal Rules; or
(d) suspension from service in accordance with the
provisions of the said Rules; or
(e) incapacitation by physical or mental illness or
otherwise becoming unable to discharge his functions
and duties; or
(f) the need to fill up a vacancy caused by promotion,
transfer, or retirement.
(2) In addition to the above grounds, in exceptional cases, any
such officer may also be transferred from his post by the competent
authority before the expiry of his tenure for gross inefficiency in
controlling crime, militancy and law and order situation or for gross
negligence or dereliction of duty or where a prima facie case of a
serious nature is established against him after a preliminary enquiry or
when keeping in view communal or ethnic sensitivities, it is felt that it
would be in larger public interest to transfer the concerned officer
prematurely. All such cases of premature transfer will be placed before
the Police Establishment Board for its consideration. The Police
Establishment Board will record its considered opinion in a speaking
manner and such opinion in case of subordinate ranks will be given
due weightage for premature transfer by the Police Headquarter or
Competent Authority. In respect of Deputy Superintendent of Police
rank and above such recommendation would be examined by the
State Government and decision of State Government would be final
which will also be given as a speaking order.
Explanation: Competent authority means an officer authorised
to order transfers and postings for the rank concerned.
Coordination
within the District
Administration
(1) For the purpose of efficiency in the general administration of
the district, it shall be lawful for the District Magistrate, in addition to
the provision of the Code of Criminal Procedure, 1973 and other
relevant Acts/Rules, to coordinate the functioning of the police with
other agencies of district administration in respect of matters relating
to the following:-
(a) the promotion of land reforms and the settlement of
land disputes;
(b) extensive disturbance of the public peace and
tranquility in the district;
(c) the conduct of elections to any public body;
(d) the handling of natural calamities and rehabilitation of
the persons affected thereby;
(e) situations arising out of any external aggression or
internal disturbances;
(f) for any other matters as assigned/prescribed in any
law applicable in the State;
(g) any similar matter, not within the purview of any one
department and affecting the general welfare of the
public of the district; and
(h) removal of any persistent public grievance.
(2) For the purpose of such coordination, the District Magistrate
may call for information of a general or special nature, as and when
required, from the Superintendent of Police and Heads of other
Departments of the district. Where the situation so demands, the
District Magistrate shall pass appropriate orders and issue directions
in writing, to achieve the objective of coordination.
(3) For the purpose of coordination, the District Magistrate shall
ensure that all departments of the district, whose assistance is
required for the efficient functioning of the police, will render full
assistance to the Superintendent of Police.
Special Branch and 14. (1) There shall be a Special Branch for collection, collation,
Criminal
Investigation
Department.
analysis and dissemination of intelligence, and a Criminal Investigation
Department for investigating inter-state, inter-district crimes and other
specified offences, in accordance with the provisions of Chapter IX of
this Act.
(2) The State Government may appoint a police officer of or
above the rank of Inspector General of Police to head each of the
aforesaid departments.
(3) The Criminal Investigation Department may have specialized
wings to deal with different types of crimes requiring focused attention
or special expertise for investigation. Each of these wings shall be
headed by an officer not below the rank of Inspector.
(4) The Special Branch may have specialized wings to deal with
and coordinate specialised tasks such as measures for intelligence
collection, security, for counter terrorism, counter militancy and VIP
Security.
(5) The State Government shall appoint officers of and above the
rank of Superintendent of Police to serve in the Criminal Investigation
Department, and the Special Branch, as deemed appropriate with
due regard to the volume and variety of tasks to be handled. In case
of those in the subordinate ranks and Deputy Superintendents of
Police, their appointment to the Criminal Investigation Department
and Special Branch will be decided by the Police Establishment
Board even though, in case of Deputy Superintendents of Police,
proposal for their posting will be submitted to the Government.
(6) A Vigilance and Anti Corruption Branch with adequate
manpower will function as a part of Criminal Investigation Department.
Anti-Infiltration
Directorate.
There may be an Anti-Infiltration Directorate headed by an officer
of the rank of Additional Director General of Police or Inspector
General of Police for effectively dealing with the problem of illegal
influx of foreign nationals from across the international border. This will
comprise Administrative, Establishment, Executive, Intelligence and
Enforcement Wings, River Patrol and Mobile Task Force. Each
wing/cell will be headed by an officer of the rank of Deputy
Superintendent of Police/Superintendent of Police.
Technical and
support Services.
16 (1) The State Government may create and maintain such ancillary
technical agencies and services, under the overall control of the
Director General of Police, as considered necessary or expedient for
promoting efficiency of the Police Service.
(2) (a) The services so created may include a full-fledged
Forensic Science Laboratory at the State-level and a Mobile Forensic
Science Unit for every district, Finger Print Bureau, Computer Cell,
SCRB and DCRB, Meghalaya Police Radio Organization, and such
other establishment as may be required from time to time. In addition
to the regular staff, the Director General of Police may also hire
services of any person qualified for this purpose on contract basis.
(b) It shall be the responsibility of the State Government to
ensure regular maintenance of all scientific equipment and regular
replenishment of consumables in the forensic laboratories.
(c) The State Government shall take all measures to
encourage and promote the use of science and technology in all
aspects of policing.
(3) The State Government may appoint for the whole State one
Director of Police Telecommunications, not below the rank of Deputy
Inspector General of Police and one Superintendent of Police and as
many Addl. / Deputy Superintendents of Police as deemed necessary
to assist them.
(4) The State Government may similarly appoint for the whole
state one officer in charge of Police Transport, not below the rank of
Superintendent of Police
(5) The State Government may appoint nodal officer, IT in the
police department not below the rank of Deputy Inspector General of
Police.
Appointment of the
Principal of Police
Training
Academy/College/S
chool.
(1) The State Government shall establish a full-fledged Police
Training Academy/College/School at the State level for ensuring
efficient post-induction training of all directly-recruited police personnel
in the subordinate ranks, pre-promotion training for all those promoted
in the subordinate ranks and such thematic and specialized in-service
training courses for police personnel of different ranks and categories
as deemed necessary from time to time.
(2) The State Government may appoint a police officer not below
the rank of Inspector General of Police to be in charge of police
training.
(3) The State Government may appoint officer of and above the
rank of Superintendent of Police to the Police Training
Academy/College/School.
(4) The State Government may also provide for appointment of
police personnel in such Police Training Academy/ College/School
after careful selection having due regard to aptitude, academic
qualifications, professional competence, experience and integrity. The
State Government shall evolve a scheme of monetary and other
incentives to attract and retain the best of the available talent in the
Police Service to the faculty of the Police Training Academy/College/
School.
(5) The State Government may also ensure appointment of
persons with academic accomplishments in the fields of law,
sociology, psychology, criminology, forensic science and other
academic subjects relevant to police profession to the permanent
faculty positions in the Police Training Academy/College/ School.
Oath or affirmation
by police
Every member of the Police Service enrolled under this Act shall,
on appointment and completion of training, make and subscribe before
personnel the Superintendent of Police or other Unit Head, as the case may
be, or another officer appointed in that behalf by him as the case
may be, or collectively at the time of Passing Out Parade, an oath
or affirmation, as prescribed.
Certificate of
appointment.
(1) (Every police officer of or below the rank of Inspector shall on
appointment receive an insignia and a certificate in the form
as prescribed. The certificate shall be issued under the hand
and seal of such officer as the State Government may by
general or special order direct.
(2) The certificate of appointment shall become null and void, and
the insignia shall be deemed to be withdrawn whenever the
person named therein ceases to belong to the Police Service
or shall remain inoperative during the period such person
continues to be under suspension.
Special Police
Officers.
(1) The Superintendent of Police or any officer, specially
empowered in this behalf by the State Government, may, at
any time by a written order issued under the hand and seal of
such officer, appoint, for a period as specified in the
appointment order, any able bodied and willing person
between the age of 18 and 50 years, whom he considers fit to
be a Special Police Officer to assist the Police Service.
(2) Every Special Police Officer so appointed shall:
(a) On appointment, undergo prescribed training and
thereafter receive a certificate in a form approved by the
State Government in this behalf; and
(b) Have the same powers, privileges and immunities and be
liable to the same duties and responsibilities and be
subject to the same authorities as a member of the Police
Service.
(3) Appointment as Special Police Officer will be of honorary
nature. However, the State Government may by special order,
prescribe honorarium to be paid to them.
(4) Whoever refuses to act as a Special Police Officer or neglects
his duties as Special Police Officer, shall be liable on
conviction by a Court to a fine of minimum of Rs. 1000/-.
Appointment of
Additional
Police.
1
“21. (1)
(2)
Additional or special police forces comprising officers and
personnel of such ranks and grades, for such purpose, such
role, such time, such pay and with such qualification and
eligibility criteria as may be prescribed by the State
Government, may be created, and these may be appointed or
deputed by the authority as may be prescribed in that behalf.
(a)
The additional or special police forces and its officers and
personnel shall be:
(b)
Vested with all or such of the powers, privileges, duties and
immunities of a police officer as may be prescribed or
specially notified by the State Government;
Subject to the orders of the Director General of Police or any
other officer(s) so designated by the Director General of
Police in this behalf”
1
Substituted by Amendment Act No.3 of 2014 Sec. 2. Earlier the words read as (1) Additional police comprising
officers of such ranks or grades for such purpose, for such time and on such pay as prescribed by the State
Government, may be appointed, or deputed by the authority prescribed in that behalf.(2)Every Additional Police
Officer upon such appointment shall:
.
(a) receive a certificate in a form approved by the State Government in this behalf;
(b) be vested with all or such of the powers, privileges, duties and immunities of a police officer as are
specially mentioned in the certificate; and be subject to the orders of the Superintendent of Police.
(3) 1
“The deployment or deputation of such additional or special
police forces may be made and the cost of such deployment be
recovered in such manner as may be prescribed by the
Government”.
CHAPTER III
Rank structure at
the primary
levels
of Unarmed
Branch.
THE PRIMARY RANKS IN THE UNARMED BRANCH
(1) The rank structure in the subordinate ranks of the Unarmed
Branch, in the ascending order, shall consist of Constable,
Head Constable, Sub Inspector and Inspector.
(2) The direct recruitment in the subordinate ranks of the Unarmed
Branch shall be made only to the ranks of Constable and SubInspector.
Recruitment to
the
post of
constable.
(1) The age group for recruitment as Constable shall be 18 to 21
years with relaxation of 5 years in case of SC/ST candidates.
The minimum educational qualification shall be 10 + 2 passed.
(2) The recruitment of Constables shall be made through a
Recruitment Board through a transparent process as per
procedure laid down by the Government. The procedure should
be such that the same is not amenable to any misuse or abuse.
Service
Conditions
of Primary Ranks
in the Unarmed
Branch.
(1) Three promotions should ordinarily be available to all
meritorious police personnel. The Director General of Police
shall, with the approval of State Government, frame the
evaluation criteria for promotion through a transparent process,
for different ranks.
(2) In order to provide for timely career progression, 50 per cent of
sanctioned posts of Sub-Inspector shall be filled up by
promotion.
(3) The Director General of Police, with the approval of the State
Government, shall try to outsource as many non-core police
functions as possible, to enable police officers to concentrate
on core police functions.
CHAPTER IV
ARMED POLICE UNITS.
District Armed
Branch and
Meghalaya Police
Battalions
including the
India
Reserve
Battalions.
To assist the civil police promptly and efficiently in dealing with
group protests and violent disturbances involving breach of peace
or law and order, and in disaster management functions, as well as
to discharge such duties as require the presence of armed police,
the State Government shall create Armed Police units with
appropriate manpower strengths in the form of an Armed Branch
for each Police District, and appropriate number of Meghalaya
Police Battalions including the India Reserve Battalions for the
State.
Role and
functions.
(1) The Police Battalions will be a State-level reserve, to be
1
Substituted by Amendment Act No.3 of 2014 Sec 2. Earlier the words read as (3) The deployment or deputation
of such Additional Police Officer may be made at the request of any person requiring such police, and the cost of
such deployment shall be recovered in such manner as may be prescribed by the Government.
deployed under specific orders of the Director General of Police, to aid
and assist the civil police in dealing with virulent and widespread
problems of public disorder or other forms of violence, needing
deployment of armed police beyond the resources of the district police.
(2) The District Armed Branch, which will function under the
control, direction and supervision of the District Superintendent of
Police shall be the armed wing of the District Police to deal with an
emergent law and order problem or any violent situation in the District,
and for providing security guards or escort of violent prisoners, or such
other duties as may be prescribed.
Organizational
structure of District
Armed Branch.
(1) The District Armed Branch shall be headed by an officer of the
rank of either an Inspector or Deputy Superintendent of Police or an
Additional Superintendent of Police, depending on the manpower
strength of the Armed Branch set-up of the district.
(2) Each Armed Branch set-up shall have an appropriate number
of Inspectors/Sub-Inspectors to deal with general administration of the
Reserve, maintenance of equipment and stores, and training.
(3) It shall be the duty of the District Superintendent of Police to
ensure that the personnel of the Armed Branch are deployed in a
manner that ensures their regular training and constant preparedness
for their tasks, as also a fair rotation between duty and rest for them.
Organizational
structure of the
Meghalaya Police
Battalions
including the India
Reserve Battalions.
28 (1) A Commandant, equivalent in rank to Superintendent of Police,
shall head each Armed Police Battalion. The Commandant may be
assisted by a Second-in-Command, equivalent in rank to Additional
Superintendent of Police. Each Battalion may be divided into
appropriate number of Service Companies and a Headquarters
Company, each of which will be headed by an Assistant Commandant,
equivalent in rank to Deputy Superintendent of Police.
(2) The Armed Police Battalions set-up of the State shall be
headed by an officer of or above the rank of Inspector General of
Police, (depending on the number of Battalions in the State), who shall
be responsible for the administration, training, operational
preparedness and welfare of personnel of all the armed police units in
the State, under the overall guidance and supervision of the Director
General of Police.
(3) In fixing the strength of senior officers for the Armed Police
Battalions set-up, it may be ensured that for supervising the
functioning and preparedness of every 4 Battalions, a senior officer of
the rank of Deputy Inspector General is provided.
(4) The duties of the Addl. Director General of Police / Inspector
General of Police in charge of the Armed Police Battalions set-up, the
Commandant, Second-in-command, Assistant Commandants,
Inspectors of the Service and the Headquarters Companies shall be
as prescribed by the State Government from time to time.
Recruitment. 29. (1) The direct recruitment to the District Armed Branch and the Armed Police
Battalions, other than in the ministerial cadres, shall be limited to the ranks of
Constable, and 20% of sanctioned posts of Sub-Inspectors.
1
“Provided that the provisions of this sub-section shall not be applicable to the
additional or special police forces created under sub-section (1) of section 21 of this
Act, recruitment to which shall be made in such manner as may be prescribed
(2) The minimum qualification for recruitment as Constable shall be
”.
2
“class nine
passed from a recognized school” and the age group shall be 18-21 years with
relaxation of 5 years for SC/ST candidates. For the recruitment to the rank of SubInspectors, the minimum qualification shall be graduation and the age limit 20 to 27
years with relaxation of 5 years for SC/ST candidates.
(3) The post of Assistant Commandants in the Battalions will be filled by the IPS or
MPS officers.
(4) The recruitment to the rank of constables and Sub-Inspectors shall be made
through a Recruitment Board by a transparent process, adopting well-codified
systems and procedures which should not be susceptible to any misuse or abuse.
3
“
(a)
(5) for the purpose of filling up vacancies or post under this Act the following shall be
the criteria for reservation of post of non-Gazetted posts for women as follows:-
(b)
10% of existing vacancies in recruitments for Sub-Inspectors and Constables
shall be earmarked for Women candidates.
Out of this 10% earmarked for women as in clause (a) above, 40% will be for
Khasi and Jaintia Community, 40% will be for Garo Community, 5% for other
tribes and 15% for other.”
Training 30.(1) Besides the initial training of new recruits in the District Armed Branch and the
Armed Police Battalions, it shall also be ensured that all ranks in these units undergo
an annual refresher training programme, by rotation, over and above specialised
training in different skills as needed by different categories.
(2) The annual refresher training course shall be treated as mandatory, and under no
circumstances the personnel undergoing such training shall be withdrawn for
deployment on law and order, or any other duty except with the prior approval of the
Director General of Police.
(3) The curricular for the initial as well as the annual refresher training courses,
besides physical skills and fitness, shall lay due emphasis on the knowledge of
constitutional and legal rights of the citizens as well skills relating to individual and
collective interaction with the public, with special emphasis on courteous and impartial
behavior.
(4) The content and methodology of the annual refresher training courses as well as
the other specialized courses for the personnel of the District Armed Branch and the
Armed Police Battalions shall be reviewed and revised from time to time by the officer
heading the Armed Police Battalion set-up, in consultation with the Training Wing of
the state police, and under the overall guidance of the Director General of Police.
Deployment 31. (1) The deployment of units and sub-units of the District Armed Branch and the
Armed Police Battalions shall be strictly restricted to only those situations where such
deployment is considered absolutely necessary.
(2) The District Superintendent of Police shall carefully scrutinize each request for
deployment of District Armed Branch, received from the field officers. Similarly, the
Director General of Police shall closely scrutinize each request for the deployment of
any force from the Armed Police Battalions, received from any District Superintendent
of Police, Range Deputy Inspector General of Police / Inspector General
1
Added by Amendment Act No.3 of 2014 Sec.3.
2
Substituted by Amendment Act No.12 of 2012.Earlier the word read as “Matriculation”. 3
Added by Amendment Act No.5 of 2018 Sec.2.
of Police, or any other field officer, before ordering such deployment.
The scrutiny will include a realistic determination of the quantum of
force required as also the duration for which the deployment is
required.
(3) The deployment shall be made for a fixed period, as specified
in the order, and unless the same is extended by a specific order, the
force shall return to its headquarters, on the expiry of the initial period.
(4) It shall be the duty, in the case of District Armed Branch, of the
District Superintendent of Police and that of the head of the Armed
Police Battalion set-up of the State in respect of the Battalion
personnel, to ensure that the personnel 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 between the
various sub-units of the Armed Branch or a Battalion.
(5) While ordering deployment of any armed police unit, due care
will also be taken to ensure, as far as possible, that the
personnel are able to take due rest and also avail a weekly off.
Adequacy of Arms,
Equipment and
Accoutrement
The adequacy of arms, equipment and accoutrement for each
Battalion as well as the District Armed Branch shall be assessed
regularly on an annual basis by the officer heading the Armed Police
Battalions set-up, in terms of the type, quality and quantities of each
such item needed for each unit, in consultation with the Commandants
and the District Superintendent of Police concerned.
CHAPTER V
SUPERINTENDENCE AND ADMINISTRATION OF POLICE
Superintendence of
State police to vest
in the State
Government.
(1) It shall be the responsibility of the State Government to ensure
an efficient, responsive, accountable, impartial, honest, citizen-friendly
and professional Police Service for the entire State. For this purpose,
the power of superintendence of the Police Service shall vest in and
be exercised by the State Government in accordance with the
provisions of this Act an any other law as applicable.
(2) The State Government shall exercise its superintendence over
the police in such manner and to such an extent as to promote the
professional efficiency of the police and ensure that its performance is
at all times in accordance with the law. This shall be achieved through
laying down policies and guidelines, setting standards for quality
policing, facilitating their implementation and ensuring that the police
performs its task in a professional manner with functional autonomy.
Strategic Policing
Plan.
(1) The State Government may –
(a) in consultation with the State Security Commission
established under Section 35 of this Chapter, draw up a
Strategic Policing Plan for a five-year period
(hereinafter referred to as the “Strategic Plan”), duly identifying the
objectives of policing sought to be achieved during the period and
setting out an action plan for their implementation;
(b) place before the State Legislature, within six months of the
coming into force of this Act, the Strategic Plan. Subsequent
Strategic Plans shall, thereafter, be laid before the State
Legislature every three years;
(c) (place before the State Legislature, at the beginning of each
financial year, a Progress Report on the implementation of the
Strategic Plan that prioritizes the goals of the Strategic Plan for
the year in question.
(2) The Strategic and the Annual Plans shall be prepared after
receiving inputs on the policing needs of the districts from the District
Superintendents of Police who, in turn, shall formulate the same in
consultation with the community and various district authorities.
(3) The Strategic Plan, the Progress Report and the Annual Plan
shall be made readily accessible to the public.
State Security
Commission.
A State Security Commission shall be set up by the State
Government which will function as a watchdog body and will
exercise the functions assigned to it under the provisions of this
Chapter. The recommendations of the Commission shall be to the
extent feasible binding on the State Government.
Composition of
the
State Security
Commission.
(1) The State Security Commission (hereinafter referred to as
Commission) shall consist of the following:
(a) The Chief Minister as its Chairperson
(b) The Home Minister as its Vice Chairperson
(c) The Leader of the Opposition in the State Assembly
(d) Chief Secretary
(e) The Principal secretary/Secretary Home (P) as member.
(f) The Director General of Police.
1
[omitted]
2
(g)
Transport cost
and
sitting fees for
‘Independent
Members’.
Member Secretary to the State Security Commission to be
appointed by the State of Meghalaya from Officers at the level of
Additional Director General of Police or above, preferably in the HAG

Scale of pay, and
(h) Two non-political persons of proven reputation for integrity and
competence, (hereinafter referred to as “Independent Members”)
from the fields of academia, law, public administration, media or
NGOs.
(2) No serving Government employee shall be appointed as an
Independent Member.
(3) Any vacancy in the Commission shall be filled up as soon as
practicable, but not later than three months after the seat has fallen
vacant.
37.The ‘Independent Members’ will be paid transportation cost and
sitting fees at the rates fixed by the Government whenever the
Commission meets. The expenditures on account of the same will be
borne by the Government in a manner as may be prescribed by the
Government.
Composition of
the
38.Independent Members shall be appointed on the recommendation
1
Earlier the words “as its Member-Secretary; and” were omitted by Amendment Act No.12 of 2014 Sec 2(i) 2 Inserted by Act No. 12 of 2014 Sec 2 (ii)
Panel for selection
of Independent
Members.
of a Selection Panel, which shall consist of: –
(a) a retired Chief Justice/Justice of a High Court as Chairperson,
to be nominated by the Chief Justice of the High Court
(b) Chief Secretary
(c) Principal secretary/Secretary Home(P)
(d) Director General of Police
Method of
Selection.
39.The Selection Panel shall evolve its own procedure to select
Independent Members through a transparent process.
Grounds of
ineligibility for
Independent
Members.
40.No person shall be appointed as an Independent Member of the
Commission if he –
(a) is not a citizen of India; or
(b) has been convicted by a court of law or against whom charges
have been framed in a court of law; or
(c) has been dismissed or removed from service or compulsorily
retired on the grounds of corruptions or misconduct; or
(d) holds an elected office, including that of Member of Parliament
or State Legislature or a local body, or is an office-bearer or
member of any political party or any organisation connected
with a political party; or
(e) is of unsound mind.
Meetings of the
Commission.
41.The Commission will meet for initial three years at least once a
month and later every 3 months or more often if required by the
exigencies of situation. Half of the members present shall constitute
the quorum for the meeting.
Term of office of
Independent
Members.
42.A person shall be appointed as an Independent Member for a
period of three years. The same person shall not be appointed for
more than one term.
Removal of
Independent
Members.

(1) An Independent Member may be removed by the Government
on the recommendation of the Commission on any of the following
grounds:
(a) proven incompetence; or
(b) proven misbehaviour; or
(c) failure to attend three consecutive meetings of the
Commission without sufficient cause; or
(d) incapacitation by reasons of physical or mental
infirmity or otherwise becoming unable to discharge his
functions as a member.
(2) In addition, an Independent Member shall be removed from
the Commission if he incurs any of the grounds of ineligibility specified
under Section 40 of this chapter.
(3) The Government shall explicitly state in writing the grounds for
such removal.
Functions of the
Commission.
44.The Commission shall perform the following functions:-
(a) frame broad policy guidelines for promoting efficient,
effective, responsive, accountable, impartial, honest,
professional and citizen-friendly policing, in accordance
with the law;
(b) prepare a panel of five police Officers for the rank of
Director General of Police against prescribed criteria in
accordance with the provisions of Section 6 of chapter II;
(c) lay down broad policy guidelines so that the State police
always acts according to the laws of the land and the
Constitution of the country;
(d) give directions for performance of preventive tasks and
service-oriented functions of the police;
(e) ensure that the State police is not subjected to any
unwarranted pressure or influence;
(f) identify performance indicators to evaluate the
functioning of the Police Service. These indicators shall,
inter alia, include: operational efficiency, public
satisfaction, victim satisfaction vis-à-vis police
investigation and response, accountability, impartiality,
honest policing, courteous behaviour, optimum utilisation
of resources, and observance of human rights standards;
(g) evaluate organizational performance of the Police
Service in the state as a whole as well as district-wise
against (i) the Annual Plan, (ii) performance indicators as
identified and laid down, and (iii) resources available with
and constraints of the police;
(h) the Commission shall also functions as a forum of appeal
for disposing of representations from officers of the rank
of Addl. Superintendent of Police and above, regarding
their promotion, or their being subjected to illegal or
irregular orders.
Administration of
Police Service.
(1) The administration of the Police Service throughout the State
shall be vested in the Director General of Police and in such Additional
Directors General, Inspectors General, Deputy Inspectors General of
Police and other officers as appointed under this Act subject to
provisions of section 33 of this Act and as prescribed.
(2) The administration of police in district shall vest in the District
Superintendent of Police.
(3) Administration will mean the suggestion for management of
the Police Service, subject to law, rules and regulations; and will
include framing of regulations; supervising the functioning of the police
at all levels; appointment to subordinate ranks of the Service,
deployment of the police personnel, posting, transfers, and the
requisite disciplinary action up to and including the rank of Inspector of
Police; and advising the Government on the placement of officers of
and above the rank of Assistant/Deputy Superintendent of Police:
Provided that the State Government may intervene in the
exercise of the powers of administration by the Director General of
Police or any other authorised officer only in accordance with the
prescribed rules, regulations or in exceptional circumstances involving
urgent public interest, reasons for which shall be recorded in writing.
Powers and
responsibilities of
the Director
General of Police.
46.As head of the State Police Service, it shall be the responsibility of
the Director General of Police to: –
(a) operationalize the policies, the Strategic Plan and the
Annual Plan prepared by the State Government, and
(b) administer, control and supervise the Police Service to
ensure its efficiency, effectiveness, responsiveness,
accountability, impartiality, honesty and courteous
behaviour on the part of the police.
Police
Establishment
Board and Review
Committee.
(1) The State Government shall constitute a Police Establishment
Board (hereinafter referred to as the ‘Board’) with the Director General
of Police as its Chairperson and four other senior-most officers within
the police organisation of the State as members.
The functions of the Board will be as follows:-
(a) to recommend all transfers, postings, promotions and
other service related matters of officers of and below
the rank of Deputy Superintendent of Police. As
regard transfer and posting of officers of the rank of
Dy. Superintendent of Police, orders will be issued by
the Government. The State Government may review
the decisions of the Board only in exceptional cases
after recording its reasons for doing so.
(b) to make appropriate recommendations to the
Government regarding postings and transfers of
officers of and above the rank of Asst./Deputy
Superintendent of Police / Addl. Superintendent of
Police up to Deputy Inspector General Level. The
State Government will give due weight age to
recommendations made by the Board:
Provided, the State Govt. may take such
action as deemed appropriate in respect of such
recommendation:
Further, provided the State Govt. may suomoto make such transfer and posting as deemed
appropriate to meet any contingencies as prescribed.
(c) The Board shall also consider and recommend the
names of officers of the ranks of Sub-Inspector and
Inspector for posting to a Police Range on initial
appointment, or for transfer of Constable upto
Inspector from one Police Range to another, or from a
Police District to SB, Infiltration, CID, ACB, SCRB,
PTS, MLP Bn, etc or vice versa or from one
specialised wing to another.
(d) The Board will also serve as an Appellate Body
against transfer orders passed by the Range
Inspector General of Police/Deputy Inspector General
of Police which the aggrieved person considers to be
unjustified and also against decisions of Range
Inspector General of Police / Dy. Inspector General of
Police on representations made to them against
transfer orders passed by district Superintendent of
Police.
(2) A General Review Committee headed by the Chief
Secretary with the Director General of Police and the Secretary,
Home, Law and Political as members shall make recommendations to
the Government for posting and transfer of officers of the level of
Inspector General of Police up to the level of Addl. Director General of
Police. It will also review functioning of the Police Establishment
Board, general superintendence of the provisions of this Act and
coordinate matters of prosecution in the State. This Committee shall
also function as appellate authority against the decisions of Police
Establishment Board and orders of Police Headquarter.
(3) Transfers within range and within Police district.
(a) Inter-district transfers and postings of non-gazetted
ranks, within a Police Range, shall be decided by the
Range Inspector General of Police / Deputy Inspector
General of Police on the recommendation of a
Committee comprising all the District Superintendents
of Police of the Range.
(b) Postings and transfers of non-gazetted police officers
within a Police District shall be decided by the District
superintendent of Police on the recommendation of a
District-level Committee in which all
Additional/Deputy/Assistant Superintendents of Police
posted in the District shall be members.
(c) Range Inspector General of Police / Dy. Inspector
General of Police will serve as an Appellate Authority
against transfer orders passed by district
Superintendents of Police which the aggrieved person
considers to be unjustified.
(4) While effecting transfers and postings of police officers of
all ranks, the concerned competent authority shall ensure that every
officer is allowed a minimum tenure of two years. If any officer other
than the officers mentioned in Section 12 of Chapter II is to be
transferred before the expiry of this minimum term, the competent
authority must record detailed reasons for the transfer.
(5) No authority other than the authority having power under
this Act to order transfer shall issue any transfer order.
Procedure for
promotion of police
officers.
Promotion to each rank in the Police Service shall be based on
merit, which would include seniority according to the existing Rules in
force which may be amended from time to time:
Provided that for the officers of the Indian Police Service, such
evaluation criteria shall be framed by the Government of India.
Meeting of the
Board and Review
Committee.
49.The Board and the Review Committee shall meet at least once in 2
months or sooner as may be required.
Framing of Rule. 50. Efforts will be made for precise rules to be laid down with regard to
transfer, promotions and other service related matters.
Computerization of service
records.
Service records of all police personnel with details of postings and
training courses attended and other relevant details shall be
computerised.
Training Policy for
the police.
(1). The State Government shall lay down a Training Policy
covering all ranks and categories of police personnel. This policy shall
ensure that all police personnel are adequately trained to perform their
job taking due care of proper attitudinal development, and shall be
linked to career development scheme of police personnel in different
ranks and categories.
(2) The policy shall also aim to promote a service culture of police
personnel acquiring appropriate professional qualifications as they
advance in their careers.
Financial
management and
function as Heads
of Department.
(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 in the
preceding financial year. He shall function as Heads of Department as
desired within the administrative control of Home (Police) Department.
(2) The budgetary requirements shall be carefully worked out on
the basis of realistic needs of each branch, wing, unit and sub-unit of
the Police Service, obtained from the unit officers concerned.
(3) The District Superintendents of Police shall take special care
to ensure that the financial requirements of each Police Station in the
district are worked out meticulously and adequately projected in the
budgetary demands of the district, thus leaving no scope for the Police
Stations to feel handicapped for meeting the legitimate expenditure on
day-to-day police work.
(4) Subject to the provisions of the Delegation of Financial
Powers Rules as amended and general direction issued by the
Government from time to time, the budgetary allocations made by the
Legislature shall be made available at the disposal of the Director
General of Police who shall be vested with full powers to spend the
amounts earmarked under each head of the Budget Account.
(5) In order to meet various expenses on account of contingency
expenditure, sufficient impress money shall be provided to police
stations and other police units, the amount of which shall be reviewed
and revised from time to time, as per the exigencies of circumstances.
CHAPTER VI
ROLE, FUNCTIONS, DUTIES AND RESPONSIBILITIES OF THE
POLICE
Role, functions and
duties of the
Police.
54.The role and functions of the police shall broadly be:
(a) to uphold and enforce the law impartially, and to protect
life, liberty, property, human rights, and dignity of the
members of the public;
(b) to promote and preserve public order;
(c) to protect internal security, to prevent and control
terrorist activities, breaches of communal harmony,
militant activities and other situations affecting Internal
Security;
(d) to protect public properties including roads, railways,
bridges, vital installations and establishments etc.
against acts of vandalism, violence or any kind of
attack;
(e) to prevent crimes, and reduce the opportunities for the
commission of crimes through their own preventive
action and measures as well as by aiding and
cooperating with other relevant agencies in
implementing due measures for prevention of crimes;
(f) to accurately register all complaints brought to them by
a complainant or his representative, in person or
received by post, e-mail or other means, and take
prompt follow-up action thereon, after duly
acknowledging the receipt of the complaint;
(g) to register and investigate all cognizable offences
coming to their notice through such complaints or
otherwise, duly supplying a copy of the First
Information Report to the complainant, and where
appropriate, to apprehend the offenders, and extend
requisite assistance in the prosecution of offenders;
(h) to create and maintain a feeling of security in the
community, and as far as possible, prevent conflicts
and promote amity;
(i) to provide, as first responders, all possible help to
people in situations arising out of natural or man-made
disasters, and to provide active assistance to other
agencies in relief and rehabilitation measures;
(j) to aid individuals, who are in danger of physical harm to
their person or property, and to provide necessary help
and afford relief to people in distress situations;
(k) to facilitate orderly movement of people and vehicles,
and to control and regulate traffic on roads and
highways;
(l) to collect intelligence relating to matters affecting public
peace, and all kind of crimes including social offences,
communalism, extremism, terrorism and other matters
relating to national security, and disseminate the same
to all concerned agencies, besides acting, as
appropriate on it themselves;
(m) To take charge, as a police officer on duty, of all
unclaimed property and take action for their safe
custody and disposal in accordance with the procedure
prescribed.
Social
responsibilities of
the police.
Every police officer shall:
(a) behave with the members of the public with due
courtesy and decorum, particularly so in dealing with
senior citizens, women, and children;
(b) guide and assist members of the public, particularly
senior citizens, women, children, the poor and indigent
and the physically or mentally challenged individuals,
who are found in helpless condition on the streets or
other public places or otherwise need help and
protection;
(c) provide all requisite assistance to victims of crime and
or road accidents, and in particular ensure that they are
given prompt medical aid, irrespective of medico-legal
formalities, and facilitate their compensation and other
legal claims;
(d) ensure that in all situations, especially during conflict
between communities, classes, castes and political
groups, the conduct of the police is always governed by
the principles of impartiality and human rights norms,
with special attention to protection of weaker sections
including minorities;
(e) prevent harassment of women and children in public
places and public transport, including stalking, making
objectionable gestures, signs, remarks or harassment
caused in any way;
(f) render all requisite assistance to the members of the
public, particularly women, children, and the poor and
indigent persons, against criminal exploitation by any
person or organized group; and
(g) inform every person in police custody about the free
legal aid scheme of the Government.
Duties in 56. (1) The State Government may, by notification in the official
emergency
situations.
gazette, declare any specified service to be an essential service to the
community, for a specified period, which may be extended from time to
time, by a notification, as necessary.
(2) Upon a declaration being made under sub-section (1) and so
long as it remains in force, it shall be the duty of every police officer to
obey any order given by any officer superior to him in connection with
the service specified in the declaration.
Senior police
officer performing
duties of a
subordinate officer.
A senior police officer may perform any duty assigned by law or by
a lawful order to any officer subordinate to him, and may aid,
supplement, supersede or prevent any action of the subordinate by his
own action or that of any person lawfully acting under his command or
authority whenever the same shall appear necessary or expedient for
giving more complete or convenient effect to the law or for avoiding
any infringement thereof. State Government may issue any instruction
as may be necessary on this respect.
Police officers to
keep diary.
It shall be the duty of every officer in charge of police station to
keep a general diary in such form as shall from time to time be
prescribed by the State Government and to record therein all
complaints and charges preferred, the names of all persons arrested,
names of complainants, offences charges against them, weapons and
property taken from their possession or otherwise and witnesses
examined in connection with the case, detailment of personnel for
patrolling and other duties, etc.
CHAPTER VII
POLICING IN THE RURAL AREAS AND VILLAGE POLICE
SYSTEM
Police Stations
covering rural
areas.
(1) Police Stations covering rural areas shall be so organized
as to be self sufficient in matters of accommodation, for
amenities as stipulated in Section 11 (5) of Chapter II as well
as in communication facilities, transport and police housing.
Each Police Station will also be equipped with adequate
facilities of forensic science and scientific aids to investigation.
(2) Special attention shall be paid to the security of each Police
Station, particularly in areas prone to violence or mass disturbances. It
shall also be ensured that the manpower posted in such Police Station
is not diverted elsewhere except when specially authorized by the
Director General of Police for a specific purpose and for a specified
period.
Village visits by
Officer-in-Charge
of Police Stations.
(1) The Officer-in-Charge of Police Stations shall visit every village
under his jurisdiction, as per the minimum frequency prescribed by the
Superintendent of Police through a general or special order, and shall
interact with as many local residents as possible so as to assess the
level of public satisfaction with the police.
(2) All supervisory officers including the Superintendent of Police
shall visit every month as many villages in their jurisdiction as
possible. The purpose of such visits shall be to review the general
state of crime, the law and order situation and the activities, if any, of
violent and militant individuals or groups in the area and to interact
with as many local residents as possible so as to assess the level of
public satisfaction with the police.
Enlistment of
Village Guard and
Selection Criteria.
(1) Each village in the district shall have at least one Village
Guard, enlisted by the District Superintendent of Police from amongst
able-bodied persons of either gender, between the age of 21 and 50
years and with unimpeachable character and antecedents, who are
permanent residents of that village, possessing the ability to read and
write in the local language, who have not been convicted by a court of
law or have not had charges framed against them by a court of law in
criminal cases or dismissed, removed, discharged or compulsorily
retired from any employment on grounds of corruption, moral turpitude
or misconduct, and who are not active members of any political party,
or organization allied to a political party or a militant outfit.
(2) A person enlisted as a Village Guard will normally have a
tenure of three years, which may be renewed, upon satisfactory
performance. No renewal shall, however, be granted to a person after
he crosses the age of fifty years or who has served for two
consecutive terms or who incurs any other condition of ineligibility
specified in Section 61(1).
(3) A Village Guard shall be removed from the assignment at any
time during the currency of his enlistment, if he incurs any condition of
ineligibility stipulated in Section 61(1).
(4) The Village Guard shall be a public servant as defined in the
Indian Penal Code, 1860.
(5) The Superintendent of Police shall ensure that every person,
on his induction as a Village Guard, is administered a training course
of a duration and as per the syllabus, prescribed by the Director
General of Police. Periodical refresher training shall also be organized
for those who are re-enlisted as Village Guards, for each renewed
term.
(6) Every person enlisted as a Village Guard shall take an oath or
affirmation, as prescribed, before the officer-in-charge of the Police
Station concerned.
(7) Each Village Guard will be provided with an Identification
Badge and a reasonable monthly honorarium and out-of-pocket
expenses, as may be fixed by the Government from time to time. The
honorarium so fixed shall not be less than that paid to a Home Guard
in the State.
(8) Any person who for any reason ceases to be a Village Guard
shall forthwith deliver up to the Superintendent of Police or to any
officer authorized by him, his Identification Badge and all records and
documents maintained by him as the Village Guard.
Duties and
Responsibilities of
Village Guard.
62.The duties and responsibilities of the Village Guard shall include: –
(a) reporting the occurrence of any crime or law and order
situation in the village, at the earliest, to the police and
assisting the police in bringing the offenders to book;
(b) maintaining a general vigil in the village from the point of view
of crime prevention or prevention of a law and order problem,
and promptly informing the police about the same;
(c) remaining alert and sensitive to any information about any
suspicious activity, movement of suspicious persons or
development of any conspiracy in the village that is likely to
lead to a crime or breach of law and order, and promptly
passing on such information to the police;
(d) assisting any citizen in arresting or handing over to the Police
Station any person or persons under section 43 of the Code of
Criminal Procedure, 1973 along with the arms, ammunition,
property or any objectionable or suspicious object, if any,
seized from him, without delay. In case the arrested person is
a woman, a male Village Guard shall be accompanied by a
woman;
(e) Securing and preserving the scene of any crime till the arrival
of the police, duly ensuring that it is not disturbed by curious
onlookers or anyone else;
(f) meeting the Officer-in-Charge of the Police Station at a
minimum frequency as prescribed by the Superintendent of
Police through a general or special order, to report on such
activities and incidents in the village as would have a bearing
on crime, law and order or other policing concerns;
(g) maintaining the prescribed records and registers; and
(h) recording any public grievances or complaints in relation to
policing.
Village Defence
Parties
63.(1) The Superintendent of Police shall organize a group of local
respectable persons for each village for the purpose of carrying out
preventive patrolling, promoting crime reduction measures and
generally assisting the police in their functioning. The group shall be
called the Village Defence Party and may not normally consist of
more than 15 members, with provision for having more than one
Village Defence Party if the size and population of the village so
require. The composition of the Party shall reflect the diversity of local
population including adequate gender representation. It shall work in
cooperation and coordination with the Village Guard.
(2) Members shall be inducted into the Village Defence Parties by
the Superintendent of Police in consultation with the Community
Liaison Group, from amongst able-bodied persons, and with good
character and antecedents, who are permanent residents of the
village, who have not been convicted by a court of law or have not had
charges framed against them by a court of law in criminal case, or
dismissed, removed, discharged or compulsorily retired from any
employment on grounds of moral turpitude, corruption or misconduct,
or are connected with any political party or any allied organization
thereof.
(3). The Village Defence Party shall normally be reconstituted
every three years. Members may be re-inducted whenever the Village
Defence Party is reconstituted. No renewal shall, however, be granted
to a person after he crosses the age of fifty years or who incurs any
other condition of ineligibility specified in Section 63 (2). However, any
vacancy may be filled up as and when it occurs.
(4). A person may also be removed from the membership of the
Village Defence Party at any time during the currency of his tenure, if
he incurs any condition of ineligibility specified in Section 63 (2).
(5). In the event of any complaint against the Village Defence
Party or its members, the Superintendent of Police shall take
appropriate action, including, if necessary, removal of the concerned
members.
(6). Membership of the Village Defence Party shall be voluntary
and honorary. However, to facilitate the proper functioning of the
Village Defence Party, the Officer-in-Charge of Police Stations shall
provide its members with the required equipment of day-to-day needs
as well as reasonable out-of-pocket expenses, as prescribed from time
to time. The District Superintendent of Police will make arrangements
for necessary training of the members of each Village Defence Party.
(7). The members of the Village Defence Party shall wear
Identification Badge issued by the District Superintendent of Police.
(8). Any person who for any reason ceases to be a member of a
Village Defence Party shall forthwith deliver up to the Superintendent
of Police or to an officer authorized by him, his Identification Badge
and all records and documents maintained by him as a member of the
Village Defence Party.
Community Liaison
Group
64.(1) The District Superintendent of Police 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, as representatives of the community, to
generally advise the police in their functioning. The Community Liaison
Group shall have a fair representation of gender, and all other
segments and professions, of the society in villages falling in the
Police Station area:
Provided that no person convicted by a court of law or against
whom charges have been framed by a court of law in a criminal case,
or dismissed, removed, discharged or compulsorily retired from any
employment on grounds of corruption, moral turpitude or misconduct
shall be eligible to be inducted into the Community Liaison Group:
Provided further that no person who is connected with any
political party or an organization allied to a political party, shall be
eligible to be inducted into the Community Liaison Group.
(2) The Community Liaison Group shall identify the existing and
emerging policing needs of the area, which shall be taken into
consideration by the Officer-in-Charge of the Police Station while
preparing the annual policing strategy and action plan for his
jurisdiction, for submission to the District Superintendent of Police. The
Community Liaison Group shall perform such other functions as
prescribed. It shall meet as frequently as necessary, and at least once
in each quarter of a year. The meetings of the Community Liaison
Group shall be attended by the Sub-Divisional Police Officer as well as
the officer in charge of the Police Station and the Circle Inspector.
Occasionally, Superintendent of Police will also attend the meetings of
the Community Liaison Group at different Police Stations. The
meetings shall be open to public.
CHAPTER VIII
POLICING IN THE CONTEXT OF PUBLIC ORDER AND INTERNAL
SECURITY CHALLENGES
Internal Security
Scheme
65.(1) The Director General of Police shall, with the approval of the
State Government, draw up an Internal Security Scheme for the entire
state as well as for each of the districts to deal with problems of Public
Order and security of the State, as specific to the area.
(2) The Internal Security Scheme so formulated shall be
reviewed, and revised as necessary, at least once annually and more
frequently, if required.
(3) The Internal Security Scheme shall, as far as possible, cover
all major problems the area is prone to or which can otherwise be
anticipated in the whole or any part thereof, In preparing the
scheme, the Director General of Police shall give special attention to
likely disturbance of public order arising out of non-implementation of
developmental programmes in the backward and not so easily
accessible areas.
(4) The schemes shall provide that officers deploying the police to
deal with situations of conflict between communities, classes,
castes, and political groups shall ensure that its composition, as far as
possible, reflects social diversity of the area, including adequate
representation of weaker sections and minorities.
(5) The Internal Security Scheme shall, inter alia, cover the role of
the police with regard to the security of any establishment or
installation relating to critical infrastructure, if any, located in the area.
(6) Any organization, while taking up any activity or programme
which is otherwise unobjectionable but may have the potential for
disturbing law and order, may inform the police, and thereupon, the
police shall take such measures as deemed necessary to deal with the
situation.
(7) While preparing the Internal Security Scheme under Section
66 (1), the police shall take into consideration the contingencies of
specific law and order problems, and security requirements that may
arise in such situations.
(8) The Internal Security Scheme shall incorporate regularly
updated and comprehensive Standard Operating Procedures 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 problems of each kind.
CHAPTER IX
EFFECTIVE CRIMINAL INVESTIGATION INCLUDING USE OF
SCIENCE AND TECHNOLOGY IN INVESTIGATION
Criminal
Investigation
Department
66.(1) The Officers and Staff to be posted to the Criminal
Investigation Department shall selected and specially trained.
(2) The Criminal Investigation Department may have specialized
units for investigation of cyber crime, organized crime, homicide
cases, economic offences, and any other category of offences, as
notified by the State Government and which require specialized
investigation. In addition to regular staff, the Director General of Police
may also higher services of any person qualified for this purpose on
contract basis to assist in investigation, if and when so required.
(3) The officers posted to the Criminal Investigation Department
shall be selected on the basis of their aptitude, professional
competence, experience in crime investigation and integrity. They
shall undergo appropriate training upon induction, and their knowledge
and skills shall be upgraded from time to time through appropriate
refresher and specialized coursed.
(4) Officers posted to the Criminal Investigation Department shall
have a minimum tenure of three years and a maximum of five years,
except that officers with proven ability in investigation of cases shall be
considered for extended tenure by the Police Establishment Board on
proposal to this effect being submitted by the Criminal Investigation
Department.
(5) The Criminal Investigation Department may be provided with
an appropriate number of legal advisors and crime analysts to guide,
advise and assist the investigating Officer.
(6) The Criminal Investigation Department may be provided with
adequate staff and funds.
(7) The Criminal Investigation Department may be equipped with
adequate facilities of scientific aids to investigation and forensic
science including qualified and trained manpower, in accordance with
the guidelines, if any, issued in this regard by the Directorate Forensic
Science or the Bureau of Police Research and Development of the
Government of India.
CHAPTER X
TRAINING, RESEARCH AND DEVELOPMENT
Training. 67.(1) The State Government shall evolve a Training Policy for the
police, in accordance with the provisions of Section 52 of Chapter V,
keeping in view the current and anticipated requirements of policing.
The Policy will, as far as possible, take into account any guidelines in
respect of police training as may be issued by the Union Government
from time to time. The training policy shall aim at achieving the
objectives of imparting knowledge in police subjects, developing of
professional skills, inculcating the right attitudes, and promoting
constitutional and ethical values among police personnel.
(2) This Training Policy shall ensure that police personnel are
adequately trained to efficiently perform their job. Successful
participation in appropriate training programmes shall be linked, as far
as possible, to the promotion of police personnel of different ranks,
and to their postings to different assignments, in a structured
manner, as notified by the State Government from time to time.
(3) In evolving the training policy, optimum advantage shall be
taken of the methodologies of distance learning, outsourcing and onthe-job training.
(4) The State Government shall create and upgrade, from time to
time, the infrastructure and capabilities of their training institutions in
consonance with the holistic training needs of police personnel of
different ranks, which shall include, besides all types of specialized
training, refresher training courses of appropriate duration. For this
purpose, the State Government shall also create a suitable training
centre with the requisite infrastructure in each Police District or Armed
Police Battalion, as the case may be.
(5) The State Government shall ensure that full advantage is
taken of the training facilities available in central and regional police
training institutions, to adequately train police personnel of the State in
specialized professional subjects, and to train the trainers of the State
police training institutions.
(6) In upgrading their training infrastructure as well as the content
and methodologies of their training courses, the training institutions
shall take maximum advantage of the standards and practices evolved
or guidelines issued by organizations such as the Bureau of Police
Research & Development of Government of India, and the National
Police Academy.
(7) For an objective periodical evaluation of the Training Policy of
the State and its implementation, the State police may utilise the
available assistance of organizations such as the Bureau of Police
Research and Development of Government of India.
Research &
Development.
(1) The State Government may establish a State Bureau of Police
Research & Development withprovision for appropriate staff, funds
and other resources to regularly undertake research and analysis on
all such subjects and issues which may lead to improvement in the
standards of police functioning and performance. The State
Government may also sponsor, in other reputed organizations and
institutions, special studies and research in subjects having relevance
to policing.
(2) The State Government may also take appropriate measures to
harness developing technology for scientific and technical
assistance in the investigation and detection of crime, and other
policing tasks.
(3) The tasks of the State Bureau of Police Research &
Development shall include:
(a) preparation of five-year Perspective Plan to
modernize and upgrade police infrastructure with the
objective of enhancing the professional competence
and efficient management of the Police Service. This
Plan shall cover mobility, weaponry, communication,
training, forensic infrastructure, equipments and
protective gears, official and residential
accommodation, and any other subject which may
have a bearing on qualitative improvement in policing;
(b) keeping abreast of the latest equipment and
innovative technologies successfully introduced by
other police organizations within the country or
abroad, and assessing the adaptability or
otherwise of such equipment and technologies by the
State police. These may include new products, arms
and ammunition, riot control equipment, traffic control
equipment, police transport, and various scientific and
electronic equipments useful for scientific aids to
investigation or other policing tasks;
(c) liaising and coordinating with the Bureau of Police
Research and Development of Government of India,
the academia, reputed scientific organizations,
institutions and laboratories and private sector
undertakings on relevant matters;
(d) studying specific and developing problems of policing
in the State with the objective of evolving solutions
and remedial measures;
(e) examining the prevalent system of policing and
suggesting structural, institutional, and other changes
that need to be introduced in the police to make its
functioning more efficient and responsive; and
(f) concurrently evaluating and documenting the impact
of modernisation and training policies of the State
police and reporting its findings to the Director
General of Police and the State Government.
Career planning. 69.The State Government shall formulate a policy for career
progression of police personnel in a manner that will ensure avenues
for at least three promotions to meritorious police personnel in their
career, through a transparent process in accordance with the
provisions of Section 48 of Chapter V.
CHAPTER XI
REGULATION, CONTROL AND DISCIPLINE
Framing of rules
for administration
of police
70.Subject to the approval of the State Government ,The Director
General of Police shall be competent to issue orders, not inconsistent
with this Act or with any other enactment for the time being in force for:
(a) prevention and investigation of crime;
(b) maintenance of law and order;
(c) regulation and inspection of the police organization,
and of the work performed by police officers;
(d) regulating the issue and use of arms and ammunition.
(e) prescribing the places of residence of members of the
Police Service;
(f) institution, management and regulation of any nongovernment fund for purposes connected with the
police administration or welfare of police personnel;
(g) regulation, deployment, movements and location of
the police;
(h) assigning duties to officers of all ranks and grades,
and prescribing the manner and the conditions subject
to which, they shall exercise and perform their
respective powers and duties;
(i) regulating the collection and communication of
intelligence and information by the police;
(j) prescribing the records registers and forms to be
maintained and the returns to be submitted by
different police units and officers; and
(k) generally, for the purpose of administering this Act
and rendering the police more efficient, effective,
transparent, impartial, honest, courteous and
accountable and preventing abuse of power and
neglect of duties by them;
(l) wearing of uniform;
(m) community policing;
(n) functioning of Police Stations and other units/wings;
(o) training of the police personnel and management of
training institutions;
(p) or anything else relating to role, functions, duties and
responsibilities of the police.
Rules governing
Discipline of Police
Personnel.
Police personnel in the State shall be governed by the existing
relevant Discipline and Appeal Rules and other Service Conduct Rules
in force, as applicable to the Indian Police Service, the State Police
Service and others serving in the Police establishment.
Police personnel
always on duty.
72.(1) Police personnel who are 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 in any part of the State.
(2) The State Government shall, however, ensure the grant of at
least one day off in a week to all police personnel or make provision of
appropriate compensatory benefits in lieu of such weekly off, if under
extraordinary situations the same cannot be granted to any of them.
(3) No police officer shall abdicate his duties or withdraw himself
from his place of posting or deployment, without proper authorisation.
Explanation: An officer who, being absent on authorised leave,
fails without reasonable cause to report for duty on the expiry of such
leave, shall be deemed within the meaning of this Section to
withdraw himself from the duties of his office.
(4) No police officer shall engage in any other employment or
office of profit whatsoever, other than his duties under this Act.
CHAPTER XII
POLICE ACCOUNTABILITY
Police
Accountability for
conduct.
(1) In addition to the already existing mechanisms and functions,
duties and responsibilities of the departmental authorities,
accountability of the police shall be further ensured through the
additional mechanisms detailed in this Chapter.
(2) The State Government shall, within three months of the
coming into effect of this Act, establish a State-level Police
Accountability Commission herein to be called as Accountability
Commission, consisting of a Chairperson, members and such other
staff as may be necessary, to inquire into public complaints supported
by sworn statement against the police personnel for serious
misconduct and perform such other functions as stipulated in this
Chapter.
Composition of the
Commission
(1) The Accountability Commission shall consist of Chairperson
and members with a credible record of integrity and commitment to
human rights who will be as follows:
(a) a retired officer superannuated in the rank of not below the
Principal Secretary to the State Government as Chairperson.
(b) a retired police officer superannuated in the rank of not below
IGP; and
(c) a person with a minimum of 10 years of experience either as
judicial officer, practicing advocate in High Court or a
professor of law or a retired officer with experience in public
administration.
(2) The Chairperson and the members of the Accountability
Commission shall be appointed out of a panel prepared by a
Committee consisting of the following:
(a) Home Minister as Chairperson
(b) Chief Secretary.
(c) Home Secretary.
(d) Director General of Police.
(3) Vacancies in the Accountability Commission shall be filled up
as soon as practicable, and in no case later than three months after a
seat has fallen vacant.
(4) In selecting members of the Accountability Commission, the
Panel shall adopt a transparent process.
Ineligibility for
membership
A person shall be ineligible to be a member of the Accountability
Commission, if he
(a) is not a citizen of India;
(b) is above 70 years of age;
(c) is serving in any police, military or allied organization,
or has so served in the twelve months preceding such
appointment;
(d) is employed as a public servant;
(e) holds any elected office, including that of Member of
Parliament or State Legislature or any local body;
(f) is a member of, or is associated in any manner with,
an organization declared as unlawful under an
existing law;
(g) is an officer-bearer or a member of any political party;
(h) has been convicted for any criminal offence involving
moral turpitude or for an offence punishable with
imprisonment of one year or more;
(i) is facing prosecution for any offence mentioned in
Sub-section (h) above and against whom charges
have been framed by a court of law; or
(j) is of unsound mind and has been so declared by a
competent court
Term of office and
conditions of
service of
members and
Chairperson.
(1) The terms of office of a member, and the Chairperson, shall be
three years unless:
(a) he resigns at any time before the expiry of his terms; or
(b) he is removed from the office on any of the grounds
mentioned in Section 75.
(2) Chairperson and members shall be eligible for reappointment
on the expiry of term, provided that they shall not be eligible to hold
office for more than two terms.
(3)The remuneration, allowances and other terms and conditions
of service of the Chairperson and members shall be as notified by the
State Government from time to time and shall not be varied to their
disadvantage after appointment.
Removal of
members.
Chairperson or any member of the Accountability Commission may
be removed from office, by an order of the State Government on the
grounds of:
(a) Proven misconduct or misbehavior;
(b) Persistent neglect to perform duties of the
Accountability Commission;
(c) Occurrence of any situation that would make a
member ineligible for appointment to the
Accountability Commission under Section 79;or
(d) Engaging during their term of office in any paid
employment outside the duties of office.
The staff of the
Accountability
Commission.
(1) The Accountability Commission shall be assisted by adequate
staff with requisite skills, for efficient discharge of their function.
(2) The strength of the staff may be prescribed by the State
Government, keeping in view the size of the State, its population, and
the average number of complaints against the police, and shall be
periodically reviewed and revised.
(3) The staff shall be selected by the Accountability Commission,
inter alia, on contract basis, through a transparent process.
(4) The remuneration and other terms and conditions of service of
the staff shall be as prescribed by the Government from time to time.
Conduct of
business.
79.The Accountability Commission shall devise its own rules for the
conduct of its business. Decisions taken shall be by consensus and in
case of difference of view, the majority view shall prevail.
Functions of the
Commission.
80.(1) The Accountability Commission shall inquire into allegations of
“serious misconduct” against police personnel, as detailed below,
either suo motu or on a complaint received from any of the following:
(a) a victim or any person on his behalf;
(b) the National or the State Human Rights Committee
(c) the police; or
(e) any other source.
Explanation : “Serious misconduct” for the purpose of this
chapter shall mean any act or omission of a police officer that leads to
or amounts to:
(a) death in police custody;
(b) grievous hurt, as defined in Section 320 of the Indian
Penal Code, 1860;
(c) rape or attempt to commit rape; or
(d) arrest or detention without due process of law:
Provided that the Accountability Commission shall inquire into a
complaint of such arrest or detention, only if it is satisfied prima facie
about the veracity of the complaint.
(2) The Accountability Commission may also inquire into any
other case referred to it by the State Government or Director General
of Police if, in the opinion of the Commission, the nature of the case
merits an independent inquiry.
(3) The Accountability Commission may monitor the status of
departmental inquiries or departmental action on the complaints of
misconduct against gazetted officers of and above the rank of Deputy /
Assistant Superintendent of Police through a quarterly report obtained
from the Director General of Police, and issue appropriate advice to
the police department for expeditious completion of inquiry, if in the
Accountability Commission’s opinion the departmental inquiry or
departmental action is getting unduly delayed in any such case:
Explanation: “Misconduct” in this context shall mean any
willful breach or neglect by a police officer of any law, rule, regulation
applicable to the police that adversely affect the rights of any member
of the public, excluding “serious misconduct” as defined in
sub-section (1).
(4) The Accountability Commission may also call for a report
from, and issue appropriate advice for further action or, if necessary, a
direction for a fresh inquiry by another officer, to the Director General
of Police when a complainant, being dissatisfied by the outcome of, or
inordinate delay in the process of departmental inquiry into his
complaint of “misconduct” as defined above, by any police officer,
brings such matter to the notice of the Accountability Commission; and
(5) The Accountability Commission may lay down general
guidelines for the state police to prevent misconduct on the part of the
police personnel.
Powers of the
Accountability
Commission.
81.(1) In the cases directly enquired by it, the Accountability
Commission shall have all the powers of a civil court trying a suit
under the Code of Civil Procedure, 1908, and in particular in respect of
the following matters:
(a) summoning and enforcing the attendance of witnesses
and examining them on oath;
(b) discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any
court or office;
(e) issuing authorities for the examination of witnesses or
documents; and
(f) any other matter as may be prescribed.
(2) The Accountability Commission shall have the power to
require any person, subject to legal privilege, to furnish information on
such points or matters as, in the opinion of the Accountability
Commission, may be useful for, or relevant to, the subject matter of
the inquiry, and any person so required shall be deemed to be legally
bound to furnish such information within the meaning of Sections 176
and 177 of the Indian Penal Code, 1860.
(3) The Accountability Commission shall be deemed to be a civil
court, and when any offence, as defined in Sections 175, 178, 179,
180 or 228 of the Indian Penal Code, 1860, is committed in the view or
presence of the Accountability Commission, it may, after recording the
facts constituting the offence and the statement of the accused as
provided for in the Code of Criminal Procedure, 1973, forward the
case to a Magistrate having jurisdiction to try the same. The
Magistrate to whom any such case is forwarded shall proceed to hear
the complaint against the accused as if the case has been forwarded
to him under Section 346 of the Code of Criminal Procedure, 1973.
(4) Every proceeding before the Accountability Commission shall
be deemed to be a judicial proceeding within the meanings of Sections
193 and 228, and for the purposes of Section 196 of the Indian Penal
Code, 1860, the Accountability Commission shall be deemed to be a
civil court for all the purposes of Section 195 and Chapter XXVI of the
Code of Criminal Procedure, 1973.
(5) The Accountability Commission shall have the power to advise
the State Government on measures to ensure protection of witnesses,
victims, and their families who might face any threat or harassment for
making the complaint or for furnishing evidence.
(6) The Accountability Commission may visit any Police Station,
lock-up, or any other place of detention used by the police and, if it
thinks fit, it may be accompanied by a police officer.
Statements made
to the
Accountability
Commission.
82.No statement made by the person in the course of giving evidence
before the Accountability Commission shall subject that person to a
civil or criminal proceeding or be used against him in such proceeding,
except a prosecution for giving false evidence:
Provided that the statement
(a) is made in reply to the question which he is required by
the Accountability Commission to answer; or
(b) is relevant to the subject matter of the inquiry
Provided further that on conclusion of the inquiry into
a complaint of ‘serious misconduct’ against the police
personnel, if the Accountability Commission is satisfied
that the complaint was vexatious, frivolous or malafide,
the Commission may impose such fine as considered
appropriate, on the complainant.
Persons likely to
be prejudicially
affected to be
heard.
83.If, at any stage of the inquiry, the Accountability Commission
considers it necessary to inquire into the conduct of any person, or is
of the opinion that the reputation of any person is likely to be
prejudicially affected by the inquiry, it shall give that person a
reasonable opportunity of being heard in the inquiry and to produce
evidence in his support:
Provided that, nothing in this section shall apply where the
credibility of a witness is being impeached.
Decisions and
Directions of the
Accountability
Commission
(1) In the cases directly inquired into by the Accountability
Commission, it may, upon completion of the inquiry, communicate its
findings to the Director General of Police and the State Government
with a direction to:-
(a) register a First Information Report, and / or
(b) initiate departmental action based on such findings, duly
forwarding the evidence collected by it to the police.
Such directions of the Accountability Commission shall
be binding:
Provided that the Accountability Commission, before
finalizing its own opinion in all such cases shall give the Director
General of Police an opportunity to present the department’s view
and additional facts, if any, not already in the notice of the
Commission:
Provided further that, in such cases, the Accountability
Commission may review its findings upon receipt of additional
information from the Director General of Police that may have a
material bearing on the case.
(2) The Accountability Commission may also recommend to the
State Government payment of monetary compensation by the
Government to the victims of the subject matter of such an inquiry.
Reports of the
Commission
(1) The Accountability Commission shall prepare an Annual report
at the end of each calendar year, inter alia, containing:
(a) the number and type of cases of “serious misconduct”
inquired into by it;
(b) the number and type of cases of “misconduct” referred to
it by the complainants upon being dissatisfied by the
departmental inquiry into his complaint;
(c) the number and type of cases including those referred to
in (b) above in which advice or direction was issued by it
to the police for further action;
(d) the number of complaints received by the Range
Accountability Authorities, and the manner in which they
were dealt with;
(e) the identifiable patterns of misconduct on the part of
police personnel in the State; and
(f) Recommendations on measures to enhance police
accountability.
(2) The annual report of the Accountability Commission shall be
laid before the State Legislature in the budget session and shall be a
public document, made easily accessible to the public.
(3) The Accountability Commission may also prepare special
reports with respect to specific cases directly inquired into by it. These
reports shall also be made easily accessible to the public.
Rights of the
Complainant.
(1) The complainant may lodge his complaint relating to any
“misconduct” or “serious misconduct” on the part of police personnel
with either the departmental police authorities or with the
Accountability Commission:
Provided that no complaint shall be entertained by the
Accountability Commission if the subject matter of the complaint is
being examined by any other commission, or any court.
(2) In cases where a complainant has lodged a complaint with the
police authorities, he may inform the Accountability Commission at
any stage of the departmental inquiry about any undue delay in the
processing of the inquiry.
(3) The complainant shall have a right to be informed of the
progress of the inquiry from time to time by the Accountability
Commission Upon completion of inquiry or departmental proceedings,
the complainant shall be informed of the conclusions of the same as
well as the final action in the case at the earliest.
(4) The complainant may attend all hearings in an inquiry
concerning his case. The complainant shall be informed of the date
and place of each hearing.
(5) All hearing shall be conducted in a language intelligible to the
complainant. In a case where hearings cannot be conducted in such a
language, the services of an interpreter shall be requisitioned if the
complainant so desires.
(6) Where upon the completion of the departmental inquiry, the
complainant is dissatisfied with the outcome of the inquiry on the
grounds that the said inquiry violated the principles of natural justice,
he may approach the Accountability Commission for appropriate
directions.
Duty of the police
and other State
agencies.
(1) All police officers and authorities shall refer all allegations of
serious misconduct against police personnel, coming to their notice, to
the Accountability Commission.
(2) It shall be the duty of the heads of the district police and of the
State police as well as of any other concerned State agency to provide
to the Accountability Commission all information they may reasonably
require to perform their duties provided for in this Chapter.
Interference with
the functioning of
the Accountability
Commission.
88.Whoever influences or interferes with the functioning of the
Accountability Commission, except in the course of lawful duty, shall,
on conviction by a court of law, be liable to a fine upto Rs. 10,000/- or
to an imprisonment for a term not exceeding one year, or both.
Explanation: Any threat, coercion or inducement offered to any
witness or victim of police misconduct or serious misconduct, shall be
deemed to be interference with the functioning of the Accountability
Commission for the purpose of this Section.
Training. 89.It shall be the duty of the Accountability Commission to ensure that
all its members, and other staff is regularly trained, inter alia, about:
(a) technical and legal issues related to departmental
inquiries;
(b) specific forms of human rights violation; and
(c) appropriate handling of victims of police abuse
Review of police
performance.
90.As mentioned earlier, the State Security Commission created under
Section 35 of Chapter V shall regularly evaluate and review the
performance of the Police Service in the state as a whole and also
district-wise. For this purpose, the Commission shall:
(a) identify performance indicators to evaluate the
functioning of the Police Service, which shall, inter
alia, include operational efficiency, public satisfaction,
victim satisfaction vi-a-vis police investigation and
response, accountability, impartiality, honest policing,
courteous behavior, optimum utilization of resources,
and observance of human rights standards, and
suggest ways and means to improve the same;
(b) review and evaluate organizational performance of the
State police against: (i) the Annual Plan provided for
in Section 34 of Chapter V of this Act, (ii) performance
indicators as identified and laid down by the Board
itself (iii) resources available with, and constraints of
the police; and
(c) lay down policy guidelines for gathering information
and statistics related to police work.
Protection of
action taken in
good faith.
91.No suit or other legal proceeding shall lie against the State
Government, the State Security Commission, its members and staff,
the Police Accountability Commission, its members, staff or any
person acting under the direction of the State Security Commission,
Police Accountability Commission in respect of anything which is in
good faith done or intended to be done in pursuance of the provisions
of this Chapter.
Funding. 92.The State Government shall ensure that required funds are
provided to the State Security Commission, Police Accountability
Commission for effective performance of their functions and that the
police shall not be required to provide them with any material or
human resources for their smooth functioning.
Welfare Bureau.
CHAPTER XIII
WELFARE AND GRIEVANCE REDRESSAL MECHANISMS FOR
POLICE PERSONNEL
93.(1) There shall be a Police Welfare Bureau, (hereinafter referred
to as ‘Bureau’) headed by an officer not below the rank of Deputy
Inspector General of Police, in the office of the Director General of
Police to advise and assist him in the implementation of welfare
measures for police personnel.
(2) The functions and duties of the Bureau, shall, inter alia,
include administration and monitoring of welfare measures for police
personnel such as:
(a) health care, particularly in respect of chronic and
serious ailments, and including post-retirement health
care schemes for police personnel and their
dependents;
(b) full and liberal medical assistance to police personnel
suffering injury in the course of performance of duty;
(c) financial security for the next of kin of those dying in
harness;
(d) post-retirement financial security;
(e) group housing;
(f) education and career counseling and training in
appropriate skill for dependents of police officers; and
(g) appropriate legal facilities for defence of police officers
facing court proceedings in matters relating to
bonafide discharge of duty.
(3) The Bureau shall have as many members as prescribed, and
shall comprise representatives from all police ranks. It may also
include other members in an advisory capacity. The members of the
Bureau shall be nominated by the Director General of Police.
(4) The Bureau shall lay down norms and policies relating to
police welfare, and monitor welfare activities undertaken by various
police units in the State.
(5) The Bureau shall interact with other government departments,
public sector undertakings and other organizations to facilitate gainful
employment for retired police officers, and for the dependents of police
personnel who have laid down their lives in due discharge of their
duties.
(6) A Police Welfare Fund, under the administration and control of
the Bureau, shall be created for the welfare activities and programmes
for police personnel, which will have two components:
(a) outright financial grant by the State; and
(b) matching grant by the State to the contributions made
by the police personnel, towards the welfare fund.
Grievance
Redressal
(1) There will be Staff Councils at District/Unit levels for timely and
effective grievance redressal. The same shall meet at least twice in a
year.
(2) There shall also be a State-level Staff Council for redressal of
grievances which cannot be remedied at the level of District/Unit level
Staff Councils.
(3) In addition to the above mechanism, SP level officers shall
hold Grievance Redressal Day once in a week, DIGs once in a
month, IGPs/ADGs once in two months and DGP once in a quarter in
their office chambers when any member of the Police Department
including the ministerial staff can meet them for redressal of
grievances.
(4) The grievances that cannot be redressed by the said
mechanism shall be forwarded to the State Government for remedial
measures.
(6) An analysis of the grievances, their causes and their impact
on the morale and efficiency of the Police Service shall be carried out
annually.
Working hours. 95.The State Government may take effective steps to ensure that the
average hours of duty of a police officer do not normally exceed eight
hours a day:
Provide that in exceptional situations, the duty hours of a police
officer may extend up to 12 hours or beyond. In such cases adequate
compensation and facilities shall be provided to the police personnel.

CHAPTER XIV
MEDALS, REWARDS AND COMMENDATION
Medals, Rewards
and Commendation
Certificates.

(1) The Director General of Police will constitute a Committee of
senior officers headed by an Additional Director General of Police or
Inspector General of Police which will go through citations received for
Gallantry Medal, President’s Police Medal for Distinguished Service,
Indian Police Medal for Meritorious Service, Governor’s Medal,
Meghalaya Day Award or other medals/awards which may be
instituted by Central or State Government from time to time. The
Committee shall make its recommendations to the DGP on the basis
of citations, ACRs, awards / rewards and appreciation letters received
by the persons concerned and other relevant criteria as may be laid
down by the DGP in this regard.
(2) Officers of the ranks of Superintendent of Police and above
shall sanction suitable money rewards to the police personnel of the
rank of Inspector and below as an appreciation of good work done by
them.
The DGP, ADGP, IGP, DIG and Officers of the rank of SP will be
authorized to sanction money rewards up to amounts as may be
prescribed by the State Government.

(3) Director General of Police shall, once in a year, award
Commendation Certificates to police personnel who are found to have
performed their duties with distinction or in an exemplary way. The
Commendation Certificate will not exceed 50 in any year.
Bravery Awards
and meritorious
and distinguish
service.
97.The State Government on the recommendation of the Director
General of Police may approve bravery and meritorious and
distinguish service to any police personnel.
CHAPTER XV
GENERAL OFFENCES, PENALTIES, AND RESPONSIBILITIES
ORDER IN STREETS AND PUBLIC PLACES
Regulation of
public assemblies
and processions.
98.(1) The District Superintendent of Police or an officer not below
the rank of Assistant/Deputy Superintendent of Police, may where
necessary, direct the conduct of all assemblies and processions on
any public road, street or thoroughfare, and prescribe the routes by
which and the time at which such procession may pass.
(2) It shall be the duty of any person intending to organize a
procession on any road, street or thoroughfare, or to convene an
assembly at any public place, to give intimation in writing to the officer
in charge of the concerned Police Station.
(3) The District Superintendent of Police or any officer not below
the rank of Assistant/Deputy Superintendent of Police, on receipt of
such intimation or otherwise, and upon being satisfied that such an
assembly or procession, if allowed without due control and regulation,
is likely to cause a breach of peace, may prescribe necessary
conditions including making provision for satisfactory regulatory
arrangements, on which alone such assembly or procession may take
place. Under special circumstances to be recorded in writing, the
concerned officer may also prohibit the assembly or procession in
public interest. All order and directions should be given within 48 hours
of receipt of intimation, as far as possible.
Assemblies and
processions
violating
prescribed
conditions.

(1) The District Superintendent of Police or any Police Officer not
below the rank of Sub-Inspector, authorized in this behalf by the
District Superintendent of Police, may stop any assembly or
procession which violates the conditions set under sub-sections (1)
and (3) of Section 107, and order such assembly or procession to
disperse.
(2)Any assembly or procession which neglects or refuses to
obey any order given under sub-section (1) above shall be deemed to
be an “unlawful assembly” under Chapter VIII of the Indian Penal
Code 1860.
Regulation of the
use of music and
other sound
systems in public
places.
The District Superintendent or any officer not below the ranks
of Assistant / Deputy Superintendent of Police may regulate the time
and the volume at which music and other sound systems are used in
connection with any performances and other activities in or near
streets or any public place that cause annoyance to the residents of
the neighbourhood.
Directions to keep
order on public
roads.
(1) The District Superintendent of Police or any other Police
Officer authorized by him in this behalf, through a general or special
order, may give reasonable directions to the public to keep order on
public roads and streets, thoroughfares, or any public place, in order to
prevent obstruction, injury, or annoyance to passers by or pollution.
(2) The District Superintendent of Police may issue general
direction under sub-Section (1), in respect of the whole district or any
part thereof, as per procedure laid down in Sanction 120.
Penalty for
disobeying order
or directions.
Any person not obeying the lawful orders issued under
Sections 98,99 and 101 may be arrested and on conviction by a court
of law, shall be liable to a fine of Rs. 5,000/-.
Power to reserve
public places and
erect barriers.
103.(1)The District Superintendent of Police may, by public notice,
temporarily reserve for any public purpose any street or other public
place, and prohibit the public from entering the areas so reserved,
except on such conditions as may be specified.
(2) The District Superintendent of Police may authorise any police
officer to erect barriers and other necessary structures on public roads
and streets, to check vehicles or occupants thereof for violation of any
legal provisions by them.
(3) In making such order, the District Superintendent of Police
shall prescribe the necessary steps for ensuring the safety of passersby.
(4) The temporary structures shall be removed once the purpose
for which they were installed is over.
Obstruction in
police work.
Any person, who obstructs the discharge of duties and
functions of a police officer, shall, on conviction, be liable to simple
imprisonment not exceeding three months or fine of Rs. 5,000/- or
both.
Unauthorized use
of police uniform.
Whoever, not being a member of the Police Service, wears,
without obtaining permission from an officer authorized in this behalf
by the State Government by a general or special order, a police
uniform or any dress having the appearance or bearing any of the
distinctive marks of that uniform, shall, on conviction, be punished with
imprisonment not exceeding three months or fine of Rs. 5,000/- or
both.
Refusal to deliver
up certificate etc.
on ceasing to be
police officers.
Whoever, having ceased to be a police officer, does not
forthwith deliver up his certificate of appointment, clothing,
accoutrements and other wherewithal supplied to him for the execution
of his duty, shall on conviction by a court of law, be liable to a fine of
Rs. 3,000/-.

False or misleading
statement made to
the police.

Whoever makes a false statement or a statement which is
misleading in material particulars to police for the purpose of obtaining
any benefit shall, on conviction, be punished with imprisonment for a
term which may extend to three months or a fine of Rs. 5,000/- or
both.
Dereliction of duty
by a police officer.
(1) Whoever, being a police officer: –
(a) willfully breaches or neglects to follow any legal
provision, procedure, rules, regulations applicable to
members of the Police Service; or
(b) without lawful reason, fails to register a First
Information Report as required by Section 154 of the
Code of Criminal Procedure, 1973; or
(c) is found in a state of intoxication, while on duty; or
(d) Malingers or feigns illness or injury or voluntarily
causes hurt to himself with a view to evading duty; or
(e) acts in any other manner unbecoming of a police
officer, shall, on conviction, be punished with
imprisonment for a term which may extend to three
months or with a fine of Rs. 5,000/- or both.
(2) Whoever, being a police officer: –
(a) is guilty of cowardice; or
(b) abdicates duties, with service weapons,
(c) uses criminal force against another police officer, or
indulges in gross insubordination; or
(d) engages himself or participates in any demonstration,
procession or strike, or resorts to, or in any way abets
any form of strike, or coerces or uses physical force to
compel any authority to concede anything; or
(e) is guilty of sexual harassment in the course of duty,
whether towards other police personnel or any
member of the public;
shall, on conviction, be punished with imprisonment
for a term which may extend to one year or with a fine
of Rs. 10,000/- or both.
Arrest, search,
seizure and
violence.
Whoever, being a police officer: –
(1) without lawful authority or reasonable cause enters or
searches, or causes to be entered or searched, any building, vessel,
tent or place; or
(2) unlawfully and without reasonable cause seizes the property
of any person; or
(3) unlawfully and without reasonable cause detains, or arrests a
person; or
(4) unlawfully and without reasonable cause delays the
forwarding of any person arrested to a Magistrate or to any other
authority to whom he is legally bound to forward such person; or
(5) 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 inhuman
or unlawful personal violence or gross misbehaviour; or
(6) holds out any threat or promise not warranted by law;
shall, on conviction, be punished with imprisonment for a term which
may extend to six months and shall be liable to fine of Rs. 5,000/-.
Offences by the
public.
(1) Any person who commits any of the following offences on any
road, or street or thoroughfare, or any open place, within the limits of
any areas specially notified by the State Government or a Local
Government for the purpose of this Section, to the inconvenience,
annoyance or danger of the residents or passers-by shall, on
conviction by a court, be liable to a fine of Rs. 5,000/- and on
subsequent conviction, fine of Rs. 10,000/-.
(a) allowing any cattle to stray, or keeping any cattle or
conveyance of any kind standing longer than is
required for loading or unloading or for taking up or
setting down passengers, or leaving any conveyance
in such a manner as to cause inconvenience or
danger to the public;
(b) being found intoxicated and riotous;
(c) neglecting to fence in or duly protect any well, tank,
hole or other dangerous place or structure under his
charge or possession; or otherwise creating a
hazardous situation in a public place;
(d) defacing, or affixing notices, or writing graffiti on walls,
buildings or other structures without the prior
permission of the custodian of the property;
(e) willfully entering or remaining without sufficient cause
in or upon any building belonging to the Government
or land or ground attached thereto, or on any vehicle
belonging to Government;
(f) knowingly spreading rumours or causing a false alarm
to mislead the police, fire brigade or any other
essential service or;
(g) willfully damaging or sabotaging any public alarm
system;
(h) knowingly and willfully causing damage to an
essential service, in order to cause general panic
among the public;
(i) acting in contravention of a notice publicly displayed by
the competent authority in any government building :
Provided that the police shall take cognizance of this
offence only upon a complaint made by an authorized
functionary of the concerned office;
(j) causing annoyance to a woman by making indecent
overtures or call or by stalking.
(2) It shall be lawful for any police officer to take into custody,
without a warrant, whoever commits any of the offences mentioned in
sub-Section (1).
Procedure for
posting directions
and public notices.
(1) All general directions, regulation, and public notices issued
under this Chapter shall be published by posting notices in the office
of the District Magistrate of the local area as well as in the locality
affected, by affixing copies in conspicuous places near the building or
place to which the notice specially relates, or by announcing it by the
beating of drum or by advertising in local newspapers and other
media, or by any other means as the Superintendent of Police may
deem fit:
Provided that the Superintendent of Police may, on being
satisfied that it is in public interest to bring any regulation into force
with immediate effect, make such direction or regulation without
previous publication.
(2) If any direction or regulation made under this section relates to
any matter with respect to which there is a provision in any law, rule or
by law of the Corporation or of any other Municipal or Local Authority
in relation to public health, convenience or safety of the locality, such
regulation shall be subject to such law, rule or by law.
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 with the
previous sanction of an officer authorized by the State Government in
this behalf.
(2) No court shall take cognizance of any offence against the
members of ACB/CID and Special Branch alleged to have been
committed in course of performance of his duty in conducting
trap/covert operation, in the interest of maintenance of Public order,
internal and national security except with the previous sanction of the
State Government.
Prosecution for
offences under
other laws.
113.Subject to the provision 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 by this Act.
Summary disposal
of certain cases.
(1) A court taking cognizance of an offence punishable under
Sections 102 and 110 may state, upon the summons to be served to
the accused person, that he may, by a specified date prior to the
hearing of the charge, plead guilty to the charge by registered letter,
and remit to the court such sum as the court may specify.
(2) Where an accused person pleads guilty and remits the sum
specified in the summons under sub-Section (1), no further
proceedings in respect of the offence shall be taken against that
person.
Recovery of
penalties and fines
imposed by
Magistrates.
Provisions of Sections 64 to 70 of the Indian Penal Code,
1860 and Section 386 to 389 of the Code of Criminal Procedure, 1973
shall apply to penalties and fines imposed under this Act on conviction
before a Magistrate :
Provided that notwithstanding anything contained in Section
65 of the Indian Penal Code, 1860, any person sentenced to fine
under Sections 102and 110 of this Chapter may be imprisoned in
default of payment of such fine, for any period not exceeding eight
days.
Limitations of
actions.
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. For computing
the limitation period, provisions of Chapter XXXVI of the Code of
Criminal Procedure shall apply.
CHAPTER XVI
MISCELLANEOUS
Disposal of fees
and rewards.
All fees paid for licences or written permission issued under
this Act, and all sums paid for the service of processes by police
officers and all rewards, 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 in force to any local authority, be credited to the State
Government:
Provided that with the sanction of the State Government, or under
any rule made by the State Government in that behalf, the whole or
any portion of any such reward, forfeiture or penalty may for special
services, be paid to a police officer, or be divided amongst two or more
police officers.
Method of proving
orders and
notifications.
Any order or notification published or issued by the State
Government or by a Magistrate or officer under any provision of this
Act, and the due publication or issue thereof may be proved by the
production of a copy thereof in the Official Gazette, or of a copy
thereof signed by such Magistrate, or officer, and by him certified to be
a true copy of an original published or issued according to the
provisions of the section of the Act applicable thereto.
Validity of rules
and order.
No rule, regulation, order, direction, or notification made or
published and no adjudication, inquiry or act done under any provision
of this Act, or under any rules made thereunder, which is in substantial
conformity with the same, shall be deemed illegal, void or invalid by
reason of any defect of form.
When office of
Magistrate or
police officer falls
vacant, any officer
holding charge
competent to
exercise power.
Whenever in consequence of the office of a Magistrate or
police officer becoming vacant, any officer holds charge of the post of
such Magistrate, or police officer or succeeds, either temporarily or
permanently, to his office, such officer shall be competent to exercise
all the powers and perform all the duties respectively conferred and
imposed by this Act on such Magistrate or police officer, as the case
may be.
Licenses and
written
permissions to
specify conditions,
and to be signed.
Any license or written permission granted under the
provisions of this Act shall specify the period and locality for which and
the conditions and restrictions subject to which, the same is granted,
and shall be given under the signature of the competent authority and
such fee then be charged thereof as may be prescribed by any rule
under this Act in that behalf.
Revocation of
licenses
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 restriction are infringed or evaded by the
person to whom it has been granted, or if such person is convicted of
any offence in any matter to which such licence or permission relates.
When license
revoked, grantee to
be deemed without
license.
When any such licence or written permission is suspended or
revoked, or when the period for which the same was granted has
expired, the person to whom the same was granted shall for all
purposes of this Act, be deemed to be without a licence or written
permission until the order for suspending or revoking the same is
cancelled, or until the same is renewed, as the case may be.
Grantee to produce
licence and
permission, when
required.
Every person to whom any such licence or written permission
has been granted, shall, while the same remains in force, at all
reasonable time, produce the same, if so required by a police officer.
Explanation: For the purpose of this section any such infringement
or evasion by, or conviction of, a servant or other agent acting on
behalf of the person to whom the licence or written permission has
been granted shall be deemed to be infringement or evasion by, or as
the case may be, conviction of the person to whom such licence 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 proclaiming the same with beat of drums, or by
advertising the same in such local newspaper-English or regional
language or Hindi as the said authority may deem fit, or by any two or
more of these means and by any other means it may think suitable:
Provided that the competent authority may, on being satisfied that it
is in public interest to bring any regulation into force with immediate
effect, make such direction or regulation without previous publication.
Consent of a
competent
authority may be
proved by writing
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 a 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 search warrant, required by this
Act, or by any rule there under, to bear the signature of the competent
authority, shall be deemed to be properly signed if it bears a facsimile
of his signature stamped thereon.
Persons aggrieved
may apply to State
Government to
annul, reverse or
alter any rule or
order.
In the case of any rule or order made by the State
Government under an authority conferred by this Act and requiring the
public or a particular class of persons to perform some duty or act, or
to conduct or order themselves or those under their control in a
manner therein described, it shall be competent to any aggrieved
person to make a representation to the State Government to annul,
reverse, or alter the aforesaid rule or order.
Employment of the
police personnel
beyond the State’s
jurisdiction
Subject to any order which Central Government may make in
this behalf, a member of the Meghalaya police may discharge
functions as laid down in law, in any other State and shall, while
discharging such functions, be deemed to be a member of the Police
Service of that State and shall be vested with powers, functions and
privileges and be subject to liabilities of a member of the Police
Service of that State.
Protection of
action taken in
good faith
No suit, prosecution or other legal proceedings shall lie
against any person for anything which is in good faith done or intended
to be done under this Act or any rules made there under.
Power to make
rules
The Government may make rules for carrying out the
purposes of this Act.
Power to remove
difficulties
132.(1)If any difficulty arises in giving effect to the provisions of this
Act, the State Government may, by notification in the Official Gazette,
make such provisions as it deems necessary or expedient for
removing the difficulty:
Provided that no such removal shall be made after a period of
two years from the commencement of this Act.
(3) Every notification issued under this section shall, as soon as
may be after it is issued, be laid before the legislative
assembly.
Notification of
rules and
regulations in the
Official Gazette and
laying of rules and
regulations
133(1) Every rule and regulation made under this Act shall be made
by notification in the Official Gazette.
(2) Every rule and regulation made under this Act shall be laid, as
soon as may be after it is made, before the State Legislature, while it
is in session, for a total period of thirty days which may be comprised
in one session or in two or more successive sessions, and if, before
the expiry of the session immediately following the session or the
successive sessions aforesaid, the State Legislature agrees in making
any modification in the rule or regulation, as the case may be, or
agrees that the rule or regulation should not be made, the rule or
regulation 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 or regulation.
Government to
issue directions in
order to achieve
the objective of the
Act
In furtherance of the objective and inconformity with the principle
of this Act, the State Government may issue any direction; constitute
any Committee, Commission and Advisory body to ensure security,
public order and such related matter.
Interpretation. 135. Any dispute with matters of interpretation in the Act or Rules to
be framed herein after, the decision of the Government shall be final
Repeal and
savings.
(1) The Police Act 1861 (Act V of 1861), in its application to the
State of Meghalaya and the Meghalaya Village Defense Organization
Act 1966 (Assam Act no. XXII of 1966 as adapted by the Govt. of
Meghalaya) are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action
taken under the Acts so repealed shall be deemed to have been done
or taken under the corresponding provisions of this Act.
L. M. SANGMA,
Secretary to the Govt. of Meghalaya,
Law Department.
THE UNDERLINED TEXT INDICATES THE INSERTION/SUBSTITUTION OF THE
SUBSEQUENT AMENDMENTS TO THE MEGHALAYA POLICE ACT, 2010 (ACT NO. 7
OF 2011), AMENDED AND UPDATED UPTO THE YEAR – ACT 12 OF 2012, ACT 3 OF
2015 & ACT 5 OF 2018.

The Meghalaya Police Act, 2010

Submit a Comment Cancel reply