Keywords : Chief Secretary, Cyber Crime, Director General of Police, District Superintendent of Police, Domestic Help, Moral Turpitude, Organized Crime, Outpost, Public Place, Ranks, Rules, Special Cell, Tenant, Village Guard
As amended upto 06th July, 2020
Rajasthan Police Act, 2007
(Act No. 14 of 2007)
Notification No. f.2(12) Vidhi/2/2007, dated 1.11.2007 (Published in Rajasthan
Gazette Extraordinary, Part-4(A) Dated 1.11.2007)
[Received the assent of the Governor on the 30th day of October, 2007]
An Act to consolidate and amend the law relating to Police Force in the State of
Rajasthan and matters connected therewith or incidental thereto.
Whereas, respect for and promotion of the human rights of the people, and
protection of their civil, political, social, economic and cultural rights is the
primary concern of the Rule of law;
And Whereas, it is the constitutional obligation of the State to provide impartial
and efficient Police Service safeguarding the interests of vulnerable sections of
society including the minorities, and responding to the democratic aspirations of
citizens;
And Whereas, such functioning of the police personnel needs to be professionally
organised, service oriented, free from extraneous influences and accountable to
law;
And Whereas, it is expedient to redefine the role of the police, its duties and
responsibilities by taking into account the emerging challenges of policing and
security of State, the imperatives of good governance, and respect for human
rights;
And Whereas, it is essential to appropriately empower the police to enable it to
function as an efficient, effective, people-friendly and responsive agency;
Now, Therefore, be it enacted by the Rajasthan State Legislature in the Fifty-eighth
Year of the Republic of India, as follows:-
CHAPTER-I
Preliminary
- Short title, extent and commencement. – (1) This Act may be called the
Rajasthan Police Act, 2007.
(2) It extends to the whole of the State of Rajasthan, and to the police force of the
State deployed outside the State.
(3) It shall come into force on such date as the State Government may, be
notification in the Official Gazette, appoint and different dates may be appointed
for different provisions of this Act. - Definitions. – (1) In this Act, unless the context otherwise requires,-
(a) “Chief Secretary” means the Chief Secretary to the State Government;
(b) “cyber crime” shall mean and include all offences under the information
Technology Act, 2000 (Central Act No. 21 of 2000) and any other offences
committed by use of electronic devices, such as computers, credit cards,
internet, ATM, etc;
(c) “Director General of Police” means the Police officer appointed as such by
the State Government for the overall control, supervision and direction of the
police force;
(d) “District Superintendent of Police” means the police officer incharge of a
Police District;
(e) “domestic help” means a person working for remuneration or otherwise in a
household”
(f) “moral turpitude” means involvement in any crime which pertains to
cheating, forgery, intoxication, rape, outraging the modesty of a woman,
illicit traffic as defined in the Prevention of Illicit Traffic in Narcotic Drugs
and Psychotropic Substances Act, 1988 (Central Act No. 46 of 1988),
immoral trafficking as defined in the Immoral Traffic (Prevention) Act, 1956
(Central Act No. 104 of 1956), planned violence or any offence against the
State as mentioned in Chapter VI of the Indian Penal Code, 1860 (Central
Act No. 45 of 1860);
(g) “organized crime” includes any crime committed by two or more persons
in pursuance of their common intention of wrongful or unlawful gain;
(h) “outpost” means a police post within the jurisdiction of a Police Station;
(i) “Police officer” means any member of the Police Force of the State;
(j) “police personnel” shall include police officers and all other persons for
whom the appointing authority is the Director General of Police or an officer
subordinate to him;
(k) “Police Station” means any area declared to be a Police Station under the
provisions of the Code of Criminal Procedure, 1973 (Central Act No. 2 of
1974);
(l) “power of superintendence” means and includes power of giving
directions, guidance and instructions in all administrative matters and
includes the power to annul, reverse, rescind or revise any order issued by an
authority under the provisions of this Act, subject to the provisions pertaining
to investigation as contained in the Criminal Procedure Code, 1973 (Central
Act No. 2 of 1974);
(m) “prescribed” means prescribed by the rules made by the State Government
under this Act;
(n) “public place” means any place to which the public has access;
(o) “Railway Areas” means areas comprised between outermost signals
appurtenant to railway tracks including premises of every railway station
within the State of Rajasthan and shall include trains on tracks, whether
moving or stationary, in any area of the State of Rajasthan;
(p) “ranks” shall mean and include subordinate ranks and supervisory ranks;
(q) “rules” means the rules made under this Act;
(r) “Special Cell” means a cell created for dealing with a particular category of
crime or providing better service to the community including victims of
crime;
(s) “State” means the State of Rajasthan;
(t) “State Government” means the State Government of Rajasthan;
(u) “subordinate ranks” means all ranks below the rank of Assistant or Deputy
Superintendent of Police;
(v) “supervisory ranks” means ranks of Assistant and Deputy Superintendent
of Police or above;
(w) “tenant” for the purposes of this Act, means a persons to whom a house or
premises or part thereof has been let out, whether a lease or rent deed has
been executed or not; and
(x) “Village Guard” means a person enlisted as such under section 48 of this
Act.
(2) The words and expressions used but not defined in this Act shall have the
meaning as assigned to them in the Code of Criminal Procedure, 1973 (Central Act
No. 2 of 1974) and the Indian Penal Code, 1860 (Central Act No. 45 of 1860).
CHAPTER-II
Constitution and Organisation of the Police Force - Constitution of the Police Force for the State. – (1) There shall be a Police
Force for the State.
(2) The Police Force shall consist of such ranks and such number of police officers
and have such organisations as the State Government may, by general or special
orders, determine.
(3) The organisation of the Police Force may include training institutions, research
and development bureaus, technical and support services, intelligence and criminal
investigation units, and other institutions and units as determined by the State
Government from time to time. - Police Ranges.- The State Government may, by notification, divide the entire
territory of the State, other than metropolitan area, into one or more Police Ranges. - Metropolitan Areas. – The State Government shall, as soon as may be, declare
any area in the State comprising a city or town whose population exceeds one
million to be a Metropolitan area under the provisions of section 8 of the Code of
Criminal Procedure, 1973 (Central Act No. 2 of 1974).
Explanation. – In this section the expression “population” means the population as
ascertained at the last preceding census of which the relevant figures have been
published. - Police District and Police District Level Special Cells. – (1) The State
Government may notify any area, including a metropolitan area, within the State as
a Police District.
(2) The State Government may, by notification, establish one or more Special Cells
in a Police District and may appoint an officer not below the rank of Deputy
superintendent of Police to be the in-charge of such special cell. - Circles. – The State Government may, by notification, divide each Police
District into one or more Circles. - Police Station. – (1) The State Government may, by notification, establish one
or more Police Stations in a circle specifying the jurisdiction of each such Police
Station.
(2) The State Government may appoint a police officer not below the rank of SubInspector of Police to be the incharge of a Police Station.
(3) The State Government may, by notification, establish one or more outposts
within the territorial jurisdiction of a Police Station specifying territorial
jurisdiction of such outpost. - Special provisions pertaining to Railway Areas. – The State Government may,
by notification, create one or more Police Districts embracing such part of Railway
Areas in the State as the State Government may specify. - Special Police Officers. – (1) Subject to rules prescribed in this behalf, the
District Superintendent of Police may, in consultation with the District Magistrate,
by an order in writing, appoint any person to act as a Special Police Officer within
his local jurisdiction, for a period as specified in the appointment order.
(2) Every special police officer so appointed shall have the same powers, privileges
and protection, and shall be liable to perform the same duties and shall be
amenable to the same penalties, and be subordinate to the same authorities, as the
ordinary officers of police. - Additional Police Officers. – (1) The State Government, or as the case may be,
an authority specially empowered by the State Government in this behalf, may
appoint Additional police officers for such purposes, and on such terms and
conditions and in such manner as may be prescribed.
(2) The deployment or deputation of Additional Police Officers may be made at the
request of any person showing the necessity thereof, and the cost incurred on such
deployment or deputation may be recovered from the person making request for
such deployment or deputation in the manner prescribed.
CHAPTER-III
Control, Supervision and Direction of the Police Force - Superintendence over the Police Force. – Power of Superintendence of the
Police Force in respect of all matters shall vest in the State Government. - Director General of Police. – (1) The State Government shall appoint a
Director General of Police for the overall control, supervision and direction of the
Police Force, who shall exercise such powers, perform such functions and
discharge such duties, and have such responsibilities, as may be prescribed.
(2) The Director General of Police shall be appointed from a panel consisting of
officers of the rank of Director General and the officers who have been found
suitable for promotion in the rank of Director General, after screening by a
Committee constituted for the purpose in accordance with the provisions of the All
India Services Act, 1951 (Central Act No. 61 of 1951):
Provided that the panel of officers shall not exceed double the number of cadre
posts sanctioned for the rank of Director General in the State.
(3) Subject to the rules made under All India Services Act, 1951 (Central Act No.
61 of 1951), the Director General of Police so appointed shall have a minimum
tenure of two years.
(4) Notwithstanding anything in sub-section (3), Director General of Police may be
removed from his post before the expiry of the said tenure by the State
Government, consequent upon:-
(a) his conviction by the court in a criminal offence or where charges have been
framed by the court in a case involving corruption or moral turpitude;
(b) his punishment of dismissal, removal, or compulsory retirement from
service or of reduction to a lower rank, awarded under the provisions of the
All India Services (Discipline and Appeal) Rules, 1967 or any other relevant
rule;
(c) his suspension from service in accordance with the provisions of the rules
referred to clause (b);
(d) his incapacity in the discharge of functions as Director General of Police
due to physical or mental illness;
(e) his own request; or
(f) an administrative exigency which shall be recorded in writing,
(5) The State Government may appoint one or more Additional Director General of
Police, Inspector General of Police, Deputy Inspector General of Police, and
Superintendent of Police to assist the Director General of Police, and determine, in
consultation with Director General of Police, the functions, duties, responsibilities
and powers of such officers. - Control, Supervision and Direction of Police Force in a Police Range. – (1)
the S ate Government shall appoint an officer not below the rank of Deputy
Inspector General f the Police to be in-charge of a Police Range.
(2) The power of control, supervision and direction of the Police Force in a Police
Range shall, subject to the overall control of the Director General of Police, vest in
the officer in-charge of the Police Range.
(3) Subject to the rules made under All India Services Act, 1951 (Central Act No.
61 of 1951), the Officer in-charge of the Police Range so appointed shall have a
minimum tenure of two years.
(4) Notwithstanding anything in sub-section (3), the officer in-charge of Police
Range may be removed from his post before the expiry of the said tenure by the
State Government consequent upon:-
(a) his conviction by the court in a criminal offence or where charges have been
framed by the court in a case involving corruption or moral turpitude;
(b) his punishment of dismissal, removal, or compulsory retirement from
service or of reduction to a lower rank, awarded under the provisions of the
All India Services (Discipline and Appeal) Rules, 1967 or any other relevant
rule;
(c) his suspension from service in accordance with the provisions of the rules
referred to in clause (b);
(d) his in capacity in the discharge of functions due to physical or mental
illness;
(e) his own request; or
(f) an administrative exigency which shall be recorded in writing. - Control, Supervision and Direction of Police Force in Metropolitan
Areas. – (1) The State Government shall appoint a Commissioner of Police in a
Metropolitan area.
(2) The Commissioner of Police shall be an officer not below the rank of Inspector
General of Police and shall be appointed from a panel of officers recommended by
a committee consisting of the following:-
(a) Chief Secretary;
(b) Secretary in-charge, Home Department of the State;
(c) Secretary in-charge, Department of Personnel of the State;
(d) Director General of Police.
(3) The Control, Supervision and Direction of the Police Force in a Metropolitan
Area shall, subject to the overall control of the Director General of Police, vest in
the Commissioner of Police.
(4) The Commissioner of Police appointed under sub-section (1) shall exercise
such functions and discharge such duties, and shall have such responsibility and
authority as may be determined by the State Government by a general of special
order.
(5) Subject to the rules made under All India Services Act, 1951 (Central Act No.
61 of 1951), the Commissioner of Police shall have a minimum tenure of two
years.
(6) Notwithstanding anything in sub-section (5), the Commissioner of Police may
be removed from his post before the expiry of the said tenure by the State
Government consequent upon:-
(a) his conviction by the court in a criminal offence or where charges have been
framed by the court in a case involving corruption or moral turpitude;
(b) his punishment of dismissal, removal or compulsory retirement from service
or of reduction to a lower rank, awarded under the provisions of the All India
Services (Discipline and Appeal) Rules, 1967 or any other relevant rule;
(c) his suspension from service in accordance with the provision of the rules
referred to clause (b);
(d) his incapacity in the discharge of functions due to physical or mental illness;
(e) his own request; or
(f) an administrative exigency which shall be recorded in writing.
(7) The State Government may appoint one or more Additional, Joint, Deputy, or
Assistant Commissioners to assist the Commissioner of Police in the discharge of
his duties and determine, in consultation with the commissioner, the functions,
duties, responsibilities, and powers of such officers. - Control, Supervision and Direction of Police Force in a Police District. –
(1) The State Government may appoint a District Superintendent of Police for a
Police District:
Provided that in a metropolitan area, District Superintendent of Police shall be
designated as Deputy Commissioner of Police and references to District
Superintendent of Police in this Act shall, in relation to a metropolitan area, be
construed accordingly.
(2) The power of control, supervision and direction of the Police Force in a Police
District shall, subject to the overall control of the Director General of Police, vest
in the District Superintendent of Police.
(3) Subject to the rules made under All India Services Act, 1951 (Central Act No
61 of 1951), the District Superintendent of Police shall have a minimum tenure of
two years.
(4) Notwithstanding anything in sub-section (3), District Superintendent of Police
may be removed from his post before the expiry of the said tenure by the State
consequent upon:-
(a) his conviction by the court in a criminal offence or where charges have been
framed by the court in a case involving corruption or moral turpitude;
(b) his punishment of dismissal, removal, or compulsory retirement from
service or of reduction to a lower rank, awarded under the provisions of the
All India Services (Discipline and Appeal) Rules, 1967 or any other relevant
rule;
(c) his suspension from service in accordance with the provisions of the rules
referred to clause (b);
(d) his incapacity in the discharge of functions due to physical or mental illness;
(e) his own request; or
(f) an administrative exigency which shall be recorded in writing;
(5) The State Government may appoint one or more Additional, Deputy or
Assistant Superintendent of Police to assist the District Superintendent of Police.
(6) The powers, functions and duties of police officers appointed under sub-section
(5) shall be such as may be determined by the Director General of Police by
general or special order. - Control, Supervision and Direction of Police Force in a Police circle. – (1)
The State Government may appoint an officer not below the rank of Deputy
superintendent of Police to be the In-charge of a Police circle:
Provided that in a metropolitan area, the In-charge of a Police circle shall be
designated as Assistant Commissioner of Police and references to officer in-charge
of a Police circle in this Act shall, in relation to a metropolitan area, be construed
accordingly.
(2) The power of control, supervision and direction of the Police Force in a Police
circle shall, subject to the overall control of the Director General of Police, vest in
the officer in-charge of a police circle.
(3) The officer in-charge of a Police circle shall have a minimum tenure of two
years.
(4) Notwithstanding anything in sub-section (3), officer in-charge of a Police circle
may be removed from his post before the expiry of the said tenure by the State
Government consequent upon:-
(a) his conviction by the court in a criminal offence or where charges have been
framed by the court in a case involving corruption or moral turpitude:
(b) his punishment of dismissal, removal, or compulsory retirement from
service or of reduction to a lower rank, awarded under the provisions of the
All India Services (Discipline and Appeal) Rules, 1967 or any other relevant
laws;
(c) his suspension from service in accordance with the provisions of the rules
referred to in clause (b);
(d) his incapacity in the discharge of functions due to physical or mental illness;
(e) his own request; or
(f) his administrative exigency which shall be recorded in writing; - Supervision of Police Force in Railway Areas. – (1) The State Government
may appoint an officer in the rank of Inspector General of the Police to be the incharge of the Railway Areas.
(2) The power of control, supervision and direction of the Police Force in the
Railway Areas shall, subject to the overall control of the Director General of
Police, vest in the Inspector General of Police, in-charge of the Railway Areas.
(3) The State Government may appoint an officer in the rank of Superintendent of
Police to be the in-charge of the Police District of Railway Areas, and power of
control, supervision and direction shall, subject to the overall control of the
Director General of Police, vest in the officer so appointed. - Tenure of office of certain police officers on field duties. – (1) A police
officer posted as an officer in-charge of a Police Station or as an officer in-charge
of a Crime Investigation Unit shall have a minimum tenure of two years.
(2) Notwithstanding anything in sub-section (1), any officer referred to in that subsection may be transferred from his post before the expiry of the said tenure,
consequent upon-
(a) his promotion to a higher post;
(b) his superannuation;
(c) his conviction by the court;
(d) charges having been framed against his by the court in a criminal offence;
(e) his punishment of dismissal, removal, discharge or compulsory retirement
from service or of reduction to a lower rank, awarded under the rules relating
to disciplinary action applicable to him;
(f) his suspension from service in accordance with the provisions of the rules
referred to in clause (e);
(g) his incapacity in the discharge of functions and duties due to physical or
mental illness:
(h) for filling up a vacancy;
(i) his own request; or
(j) an administrative exigency which shall be recorded in writing. - Regulation of recruitment and condition of services of police officers in
subordinate ranks. – (1) The State Government may make rules for the regulation
of recruitment and conditions of service of police officers in subordinate ranks.
(2) Subject to the provisions of Article 311 of the Constitution of India, the
Director General of Police or any other police officer authorised by the State
Government in this behalf may dismiss, remove from service, reduce in rank, or
confine to quarters for a term not exceeding fifteen days (with or without
punishment-drill, extra guard, fatigue or other duty), any police officer of
subordinate ranks found to be remiss or negligent in the discharge of his duties or
unfit for the same, or guilty of any misconduct.
CHAPTER-IV
State Police Commission and Police Establishment Board - State Police Commission. – (1) The State Government shall establish a State
Police Commission (hereinafter referred to as the “Commission”), which shall
perform functions assigned to it under the provisions of this Chapter.
(2) Minister-in-charge of the Home Department shall be the Chairman of the
Commission and other members of the Commission shall be as follows:-
(a) Leader of the Opposition in the State Legislative Assembly or if there is no
Leader of the Opposition, the leader of the largest opposition party (Single or
group of parties recognized by the Speaker) in the State Legislative
Assembly;
(b) Chief Secretary;
(c) Secretary-in-charge of the Home Department;
(d) Director General of Police; and
(e) Three persons of eminence (hereinafter referred to as “Independent
Members”) from any walk of public life to be appointed by the State
Government:
Provided that atleast one independent member shall be from amongst the weaker
sections of the society.
(3) The State Government may appoint a police officer not below the rank of
Additional Director General to act as the Secretary to the Commission.
(4) The Commission shall follow such rules with regard to its meetings, quorum
and transaction of business as may be made by the State Government. - Committee for selection of Independent Members. – Independent Members
shall be appointed by the State Government on the recommendation of a panel
consisting of the Chief Minister as its Chairman and the following as its members:-
(a) Leader of the Opposition in the State Legislative Assembly or if there is no
Leader of the Opposition, the leader of the largest opposition party (single or
group of parties recognized by the speaker) in the State Legislative
Assembly;
(b) Minister-in-charge of the Home Department;
(c) Chairman of the Rajasthan State Human Rights Commission. - Disqualification for appointment as Independent Member. – A person shall
not be eligible to be appointed as an Independent Member of the Commission if
he-
(a) is not a citizen of India;
(b) has been convicted by the court or against whom charges of an offence
involving moral turpitude have been framed by the court;
(c) has been dismissed, removed or compulsorily retired from any public
service;
(d) has been declared insolvent by the court;
(e) is of unsound mind; or
(f) is or has been a Member of Parliament or the Legislature of a State or a local
body; or is or has been an office-bearer of any political party or any
organisation connected with a political party; or is or has been a member of
any political party or any organisation affiliated to a political party. - Term and privileges of Independent Members. – (1) The term of an
independent member shall be for a period of three years from the date of his
appointment and he shall not be eligible for reappointment.
(2) An independent member shall serve in an honorary capacity and the privileges
and facilities to be extended to such member shall be such as may be prescribed. - Removal of an Independent Member. – State Government may remove an
independent member-
(a) on grounds of;-
(i) failure to attend three consecutive meetings of the Commission without
sufficient cause;
(ii) incapacitation by reasons of physical or mental infirmity; or
(iii) otherwise becoming unable to discharge his functions as a member.
(b) on the recommendation of the selection committee referred to in Section 22;
or
(c) if he incurs any disqualification specified in Section 23. - Functions of the Commission. – The Commission may perform the following
functions, namely:-
(a) to advise the State Government on policy guidelines for promoting efficient
and accountable policing;
(b) to assist the State Government in identifying performance indicators to
evaluate the functioning of the Police Force;
(c) to communicate its views periodically on the performance of the Police
Force;
(d) to formulate perspective plans for policing and submit them to the State
Government;
(e) to analyse crimes in the State and suggest preventive measures;
(f) to draw up a strategic plan for a five year period, duly identifying the
objectives of policing sought to be achieved during the period and setting out
an action plan for their implementation;
(g) to prepare training policy for police officers of different ranks and
categories; and
(h) to perform such other functions as specified by the State Government from
time to time. - Annual report of the Commission. – (1) The Commission shall, at the end of
each year, present to the State Government a report of its work during the
preceding year as well as of the performance of the Police Force.
(2) The State Government shall cause the annual report to be laid before the House
of the State Legislature in the Budget Session. - Police Establishment Board. – (1) The State Government shall constitute a
Police Establishment Board (hereinafter referred to as the “Board”) with the
Director General of Police as its Chairman and four police officers not below the
rank of Inspector General of Police as its members.
(2) The Board shall perform the following functions:-
(a) recruitment of Constables in accordance with the relevant service rules;
(b) promotion in the subordinate ranks in accordance with relevant service
rules;
(c) prescribe guidelines for transfer of subordinate ranks with the approval of
the State Government;
(d) transfer of subordinate ranks from one range to another and transfer of
police officers in the rank of Deputy Superintendent of Police;
(e) prepare proposal for transfer of police officers in the rank of Additional
Superintendent of Police and submit the same to the State Government; and
(f) analyze the grievances of police personnel and suggest remedial measures to
the State Government.
(3) For recruitment of constables and for promotion in the subordinate ranks, the
Board may appoint one or more Committees headed by an officer not below the
rank of Inspector General of Police.
(4) The Police Establishment Board shall follow such rules with regard to its
meetings, quorum and transaction of business as may be made by the State
Government.
CHAPTER-V
Functions, Duties and Responsibilities of Police Officers - Functions, Duties and responsibilities of police officers. – (1) The following
shall be the functions, duties and responsibilities of a police officer:-
(a) to enforce the law, and to protect life, liberty, property, rights, dignity and
human rights of the people;
(b) to prevent crime and public nuisance;
(c) to maintain public order;
(d) to preserve internal security, prevent and control terrorist activities, and to
prevent breach of public peace;
(e) to protect public property;
(f) to detect offences and bring the offenders to justice;
(g) to apprehend persons whom he is legally authorised to apprehend and for
whose apprehension sufficient grounds exist;
(h) to help people in situations arising out of natural or man-made disasters, and
to assist other agencies in relief measures;
(i) to facilitate orderly movement of people and vehicles, and to control and
regulate traffic;
(j) together intelligence relating to matters affecting public peace and crime;
(k) to provide security to public authorities in discharging their functions and
duties; and
(l) to perform such duties and discharge such responsibilities as may be
enjoined upon him by law or by an authority empowered to issue such
directions under any law.
(2) The State Government, or an authority specially empowered in this behalf by
the State Government, may assign such other duties and responsibilities to police
officers as may be specified by the State Government. - Social responsibilities of the police officers. – Every police officer shall:-
(a) behave with the members of the public with due courtesy and decorum,
particularly so in dealing with senior citizens, women, children and members
of weaker sections of society ;
(b) guide and assist members of the public, particularly senior citizens, women,
children, and the physically or mentally challenged individuals, who are
found in helpless condition on the streets or other public places;
(c) provide requisite assistance to victims of crime and of road accidents;
(d) prevent harassment of senior citizens, women and children in public places
and public transport including stalking, making objectionable gestures, signs,
remarks or harassment caused in any way;
(d) render lawful assistance to the members of the public, particularly women,
children, and members of the weaker section of the society.
Explanation. – “senior citizen” means a persons of and above the age of sixty five
years. - Recording of information in cognizable cases. – (1) The officer in-charge of a
police Station shall promptly received and record every information relating to the
commission of a cognizable offence in accordance with the provisions of the Code
of Criminal Procedure, 1973 (Central Act No. 2 of 1974).
(2) Where any person sends or gives information to the District Superintendent of
police of the facts, which prima facie constitute a cognizable offence, and alleges
that the officer in-charge of the Police Station having jurisdiction has refused to
record the information, the District Superintendent of Police shall immediately
proceed to take or cause to be taken disciplinary action as per rules against the
officer in-charge of the Police Station.
(3) Any punishment award in the said disciplinary proceedings shall be recorded in
the service record of the concerned officer and shall be considered always when his
efficiency and performance is required to be adjudged. - Senior police officer performing duties of a subordinate police officer. – A
senior police officer may perform any duty assigned by law or by a lawful order to
any other subordinate to him, and in case of any duty imposed on such subordinate,
a superior officer may aid, supplement, supersede, or prevent any action of such
subordinate by his own action or 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. - Police officer always on duty. – Every police officer shall be considered to be
always on duty for all purposes of this Act. - Police officers may be deployed in any part of the State. – Every police
officer may, at any time, be deployed as a police officer in any part of the State. - Police officers not to engage in other employment. – No police officer shall
engage in an employment or office whatsoever, other than his duties under this
Act, unless expressly permitted to do so in writing by the State Government. - Police officers bot to withdraw from duty. – No police officer shall be at
liberty to withdraw himself from duties of his office unless expressly allowed to do
so by an officer authorised to grant such permission. - Police officers may lay information before a Magistrate. – It shall be lawful
for any police officer to lay any information before a Magistrate having
jurisdiction, and to apply for a summon, warrant, search warrant or such other legal
process as may, by law, be issued against any person committing an offence. - Police officers to take charge of unclaimed property. – (1) It shall be the
duty of every police officer to take charge of unclaimed property, and to furnish an
inventory thereof to the Police Station having jurisdiction.
(2) The manner of disposal of such property shall be such as may be prescribed.
Explanation: – For the purposes of this section “property” shall mean any movable
property, property money or valuable security. - Police officers to keep diary. – It shall be the duty of every officer in-charge
of a police station or an outpost to keep a general diary in such form and manner as
may be prescribed. - The State Government may prescribe form of returns. – (1) The State
Government may prescribe the forms and the manner of returns to be submitted to
it by the Director General of Police.
(2) The Director General of Police may specify the forms and manner of returns to
be furnished to him by other police officers. - Uniforms, insignia, accouterments, etc. – (1) The State Government may
prescribe uniform, insignia and accouterments for police officers or as the case
may be, a class of police officers.
(2) The Director General of Police may, from time to time, issue directions for
wearing of uniforms and carrying of insignia and accouterments.
CHAPTER-VI
Special Provisions for Policing - Crime Investigation Units. – (1) The State Government may, by general or
special order, create in each such Police Station, as it may decide from time to
time, a separate Crime investigation Unit, headed by an officer not below the rank
of Sub-Inspector of Police:
Provided that such crime investigation unit in a metropolitan area shall be
established by the State Government within a period not exceeding five years from
the notification of a metropolitan area.
(2) The State Government may, by general or special order, create in office of the
Director General of Police or in any police district, one or more Special Crime
Investigation Units headed by an officer not below the rank of Inspector of Police,
for investigation of cyber crimes, organised crimes and such other offences as may
be specified by the Director General of Police by general or special order.
(3) The police officers posted to such units shall not be assigned to any other duty,
except under very special circumstances with the permission of the Director
General of Police. - Power to reserve public places and raise barriers. – Subject to such checks
and restrictions as may be specified by the District Magistrate-
(a) The District Superintendent of Police may temporarily reserve, by public
notice, any street or other public place for any public purpose, and regulate
the movement of persons and vehicles in the area so reserved; and
(b) The District Superintendent of Police may, in the interest of general public,
authorise any police officer to raise barriers and other necessary structures on
public roads and streets for maintenance of public order or to check vehicles
or occupants thereof for prevention or detection of any crime. - Preservation of order. – (1) Subject to such checks and restrictions as may be
specified by the District Magistrate, the District Superintendent of Police or any
police officer authorised by him for this purpose, may issue general or special
orders for regulating all assemblies and processions on public roads, or in public
streets or thoroughfares and prescribe the routes by which, and the times at which,
such processions may pass:
Provided that where the District Superintendent of Police or the officer authorized
by him is satisfied that it is intended by any persons or class of persons to convene
or collect an assembly in any such road, street or thoroughfare, or to form a
procession which would, if uncontrolled, be likely to cause a breach of the peace,
he may direct such persons or class of persons to seek permission from the District
Magistrate or any officer authorised by him for this purpose.
(2) the District Magistrate or the officer authorised by him may grant the requisite
permission with such conditions as he may deem appropriate:
Provided that he may refuse to grant permission to convene or collect an assembly
in any such road, street or thoroughfare, or form a procession which would, in his
opinion, be likely to cause a breach of the peace.
(3) Any police officer on whom the responsibility to regulate a public assembly or
a procession is enjoined upon, may stop any procession which does not possess the
permission referred to in sub-section (2) or which, in his opinion, violates the
conditions of the permission, and may order any such procession or any such
assembly to disperse.
(4) Any procession or assembly which neglects or refuses to obey any order given
under the last preceding sub-section, shall be deemed to be an unlawful assembly.
(5) The District Superintendent of Police may, in the interest of general public,
issue orders for regulating the entry or exit or hours of operation of a public place. - Power to seek information. – The District Superintendent of Police may, by
an order, require every owner of a household, a shop, or a public premise, to
furnish details of a tenant or domestic help in the format specified by him for this
purpose. - Payment for police service. – The State Government may levy from any
person, who carries on any such occupation, gathering, exhibition, sale,
entertainment, etc., for monetary gain, as may, for the purpose of public security or
for the maintenance of public peace or order, require deployment of additional
police force, such user charges as may be prescribed. - Regulation of Traffic. – The District Superintendent of Police or any officer
specially authorized by the State Government for management of traffic in any
area may, from time to time, issue directions for regulating the use of public roads
and streets in respect of motorists, cyclists, pedestrians and persons accompanying
animals, and for regulating the parking of vehicles including bicycles, with a view
to ensure smooth and orderly movement of traffic - Enlistment of village guards in rural areas. – (1) The District Superintendent
of Police may, in the manner prescribed, enlist a person to function as a village
guard for a village or group of villages in a Police District under his charge.
(2) Able-bodied persons not below the age of 40
3 year and above the age of fiftyfive years at the time of such enlistment and residing in a village, or in the case of a
group of villages in a village of that group, may be enlisted as village guards.
(3)4 The District Superintendent of Police shall observe the following order of
preference in the process of enlistment, namely:-
(a) Ex -Serviceman/ retired paramilitary personnel from Central or State
paramilitary force;
(b) Home guard volunteer;
(c) any other local resident of the village possessing minimum
educational qualification of having passed Class Eight.
3
Expression “30 years” Substituted by “40 years” by notification dated 06-07-2020
4
Existing sub-section (3) Substituted by notification dated 06-07-2020
(4) A person shall not be enlisted as a village guard, if-
(a) he has been convicted for an offence involving moral turpitude;
(b) a criminal case has been registered and is pending against him;
(c) he is member of a political party or its affiliate; or
(d) he does not possess such educational qualifications as may be prescribed. - Tenure of village guards. – A person enlisted as a village guard will have a
tenure of two5 years. The tenure shall not be extended or renewed:
Provided that a village guard shall be summarily6
removed from the assignment at
any time during the currency of his enlistment, if he incurs any of the ineligibilities
specified in sub-section (4) of section 48 or found negligent in discharge of his
duties and responsibilities as village guard. - Duties and responsibilities of village guards. – The duties and responsibilities
of a village guard shall include:-
(a) reporting the occurrence of any crime or law and order situation in the
village, at the earliest, to the police station and assisting the police in bringing
the offenders to book;
(b) maintaining a general vigil in the village from the point of view of crime
prevention or prevention of a law and order problem, and promptly informing
the police station about the same;
(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 station;
(d) assist a private person authorized to arrest a person under section 43 of the
Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974), in arresting
such person and handing over him to a police officer, or as the case may be,
in taking him to the nearest Police Station, alongwith any arms, ammunition,
property or any other object found in his possession or on his person:
Provided that if the offender is a woman, a male village guard shall be
accompanied by a woman;
(e) securing and preserving the scene of any crime till the arrival of the police,
duly ensuring that it is not disturbed by curious onlookers or anyone else;
(f) meeting the Officer in-charge of the Police Station at a minimum frequency
as prescribed by the Superintendent of Police through a general or special
order, to report on such activities and incidents in the village as would have a
bearing on crime, law and order or other policing concerns;
(g) maintaining the prescribed records and registers;
(h) recording any public grievances or complaints in the relation to policing;
(i) liaising with the village Panchayat on matters relating to crime and law and
order in the village;
(j)7 assisting police in patrolling; and
(k)8discharging such other duties as may be assigned by the District
Superintendent of Police. - Training of village guards. – The Superintendent of Police shall ensure that
every person, on his induction as a village guard, is administered such training
course and for such period as may be determined by the Director General of Police.
5
Substituted “three years” by expression “two years” by notification dated 06-07-2020
6
Expression “summarily” inserted by notification dated 06-07-2020
7 & 8 Added by notification dated 06-07-2020 - Oath or affirmation by village guards. – Every person enlisted as a village
guard shall take an oath or affirmation, as may be prescribed, before the officer-incharge of the police station concerned. - Village guard to be an honorary worker. – (1) A village guard shall be an
honorary worker and shall be deemed to be a Public Servant within the meaning of
the Section 21 of the Indian Penal Code, 1860 (Act No. 45 of 1860).
(2)9 A village guard may be paid such honorarium and out of pocket expenses
as may be determined by the State Government. - Identification of village guard. – (1) Every village guard shall be provided an
Identity Badge and a photo Identity Card in such form and manner as may be
prescribed.
(2) Every village guard shall always wear the Identity Badge and keep the photo
Identity Card with him while he is engaged in discharging his functions and
responsibilities under this Act.
(3) Any person who ceases to be a village guard shall forthwith deliver to the
District Superintendent of Police or to an officer authorised by him, his Identity
Badge and Photo Identity Card. - Community Liaison Group. – (1) The District Superintendent of Police shall
constitute, in the manner prescribed, one or more Community Liaison Group
consisting of representatives of the community for each police Station, to aid and
assist the Police Force in the discharge of its functions:
Provided that atleast one community liaison group shall be constituted for every
Panchayat.
(2) Community liaison group shall perform functions and have responsibilities as
may be prescribed.
9 Sub-section (2) of section 53 deleted vided Notification dated 06-07-2020
CHAPTER-VII
Welfare and Grievance Redressal - Welfare of Police Personnel. – The State Government may, by general or
special order, specify such measures as deemed appropriate, for the welfare of
police personnel. - Funds for the welfare of police personnel. – (1) The State Government may,
by notification, constitute funds for the purpose of welfare of police personnel and
their dependents.
(2) The funds shall be utilized, administered and audited in such manner as may be
prescribed.
(3) The following sums shall be credited to the funds, namely;-
(a) any grant made by the State Government;
(b) contributions made in the fund by police personnel;
(c) any other grant, donation, bequest made for the purposes of the funds. - Police Welfare Bureau. – (1) The State Government may, by notification, set
up a Police Welfare Bureau for implementing welfare measures for police
personnel.
(2) Composition, functions and responsibilities of the Police Welfare Bureau shall
be such as may be prescribed. - Grievance redressal of police personnel. – (1) The State Government shall
prescribe the mechanism and the procedure for the redressal of the grievances of
police officers.
(2) Such mechanism shall ensure a set-up for grievance redressal at the Police
District, Police Range and Director General of Police level and shall ensure police
officer has the right of at least one appeal if he is not satisfied with the disposal of
his grievance.
CHAPTER VIII
General Offences and Penalties - Punishment for certain offences on roads, etc. – Any person who, on any
road or in any open place or street or thoroughfare within the limits of any town to
which this section shall be specially extended by the State Government commits
any of the following offences, to the obstruction, inconvenience, annoyance, risk,
danger or damage of the residents or passengers shall, on conviction before a
Magistrate, be liable to a fine not exceeding fifty rupees, or to imprisonment with
or without hard labour not exceeding eight days; and it shall be lawful for any
police officer to take into custody, without a warrant, any person who within his
view commits any of such offences;
Slaughtering tattles, furious, riding etc.-First – Any person who slaughters an
cattle or cleans any carcasses; any person who rides or drives any cattle recklessly,
or furiously, or trains or breaks any horse or other cattle;
Cruelty to animals-Second – Any person who wantonly or cruelly beats, abuses or
tortures any animals;
Obstructing passengers-Third – Any person who keeps 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 who leaves any conveyance in such a manner as
to cause inconvenience or danger to the public;
Exposing goods for sale-Forth – Any person who exposes any goods for sale;
Throwing dirt into street-Fifth – Any person who throws or lays down any dirt
filth, rubbish or any stones or building materials, or who constructs any cowshed,
stable or the like, or who causes any offensive matter to run from any house,
Factory, dung heap or the like;
1
[Being found riotous-Sixth – Any person who is found riotous;]
Indecent exposure of person-Seventh- Any person who willfully and indecently
exposes his person, or any offensive deformity or disease, or commits nuisance by
easing himself, or by bathing or washing in any tank or reservoir not being a place
set apart for that purpose;
Neglect to protect dangerous places-Eighth – Any person who neglects to fence
in or duly to protect any well, tank or other dangerous place or structure.
[60A.2 Punishment for being found drunk. – Any person who, on any road or in
any open place or street or thoroughfare within the limits of any town to which this
section shall be specially extended by the State Government, is found drunk and
incapable of taking care of himself to the obstruction, inconvenience, annoyance,
risk, danger or damage to the residents or passengers shall, on conviction before a
Magistrate, be liable to a fine not exceeding five hundred rupees for the first
offence, a fine not exceeding five thousand rupees for every subsequent offence
after conviction of third offence, or to imprisonment with or without hard labour
not exceeding eight days; and it shall be lawful for any police officer to take into
custody, without a warrant, any person who within his view commits such
offence.] - Unauthorised use of police uniform. – Whoever, not being a police officer,
wears a police uniform or any dress having the appearance or bearing any of the
distinctive marks of that uniform without being authorised by the State
Government or as the case may be, an officer authorised by the State Government,
shall be punished with imprisonment not exceeding six months or with fine or with
both.
CHAPTER-IX
Police Accountability - Police Accountability. – (1) The State Government may, as soon as may be,
establish a State Police Accountability Committee (hereinafter referred to as “State
Committee”), and District Accountability Committee (hereinafter referred to as
“District Committee”) for each district or group of districts.
(2) The Chairman and the Members of the Committees established under this
section may be paid such honorarium and out of pocket expenses as the State
Government may, from time to time, determine by a general or special order. - The State Committee. – (1) The State Committee shall have five members
nominated by the State Government as follows:-
(a) four persons of eminence with experience in public dealing and having
credible record of integrity and commitment to human rights as independent
members:
Provided that one independent member shall be from weaker sections of society
and one from women;
(b) One officer of the rank of Additional Director General of Police as its
Member-Secretary;
(c) The Government shall appoint one of the independent members as the
Chairman of the State Committee.
(2) The State Committee may be provided with such secretarial assistance as the
Government may determine, from time to time, by a general or special order.
1
Substituted by notification dated 07-10-2015
2
Inserted by notification dated 07-10-2015
- The functions of the State Committee. – The functions of the State
Committee shall be follows:-
(a) to enquire into allegations of “serious misconduct”, against police officers
in the Supervisory ranks, either suo moto or on a complaint received from a
victim or any person on his behalf or from the District Committee;
(b) to carry out such other functions as the Government may, from time to time,
specify;
(c) to make recommendations to the State Government on any case enquired
into by it, wherever required.
Explanation: – “serious misconduct” for the purpose of this Section shall mean:
(I) any mala fide act of omission or commission by a police officer that leads to
or amounts to:
(i) grievous hurt;
(ii) illegal detention; or
(iii) any other offence for which the maximum punishment prescribed in law is
ten years or more.
(II) Extortion by a police officer. - Powers of the State Committee. – The State Committee shall, while
discharging its functions under this Act, have same powers as are vested in a court
under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908) when trying a
suit, in respect of the following matters, namely:-
(a) enforcing the attendance of any person and examining him on oath or
affirmation;
(b) compelling the production of documents; and
(c) issuing commission for examination of witnesses.
and the proceedings before the Committee shall be deemed to be the judicial
proceedings within the meaning of sections 193, 196 and 228 of the Indian Penal
Code, 1860 (Central Act No.45 of 1860). - District Committee. – (1) The District Committee shall have five members
nominated by the State Government as follows;-
(a) four persons of eminence with experience in public dealing and having
credible record of integrity and commitment to human rights as independent
members: Provided that one independent member shall be from weaker
sections of society and one from women.
(b) One officer of the rank of Additional Superintendent of Police as its
Member-Secretary;
(c) The Government shall appoint one of the independent members as the
Chairman of the District Committee. - The Functions of the District Committee. – The District Committee shall
perform the following functions:-
(a) to enquire into allegations of serious misconduct, against police personnel in
subordinate rank, either suo moto or on a complaint and to send its
recommendations to the disciplinary authority concerned:
Provided that the disciplinary authority shall take decision on the recommendations
made by the committee within a period of three months and send a copy of the
decision also for information of the committee;
(b) to monitor departmental enquiries against police officers in the subordinate
ranks;
(c) to refer to the State Committee complaints received to it against the police
officers in the supervisory ranks and such other matters as it may deem fit. - Tenure of independent members of the Committees. – (1) The tenure of an
independent members of the State Committees or the District Committee shall be
two years and no independent member shall be nominated for the second term in
the same committee.
(2) The State Government may remove an independent member of the State
Committee or the District Committee, if he incurs any disqualification specified in
Section 69, or if he fails to perform duties enjoined upon him as an independent
member. - Disqualification for nomination as Independent Member. – A person shall
not be eligible to be nominated as an Independent Member of State Committee or
of the District Committee, if he-
(a) is not a citizen of India;
(b) has been convicted by a court of law, or against whom charges of an offence
involving moral turpitude have been framed by a court;
(c) has been dismissed, removed or compulsorily retired from any public
service;
(d) has been declare insolvent by a court of law;
(e) is of unsound mind; or
(f) is or has been a Member of Parliament or the Legislature of a State or a local
body; or is or has been an office-bearer of any political party or any
organisation connected with a political party; or is or has been a member of
any political party or any organisation affiliated to a political party.
CHAPTER-X
Miscellaneous - Powers of District Magistrate in certain cases. – (1) It shall be lawful for the
District Magistrate, in addition to the provisions of the Code of Criminal
Procedure, 1973 (Central Act No. 2 of 1974) and other relevant laws, to coordinate
the functioning of the police with other agencies of district administration in
respect of matters relating to the following:-
(a) disturbance of the public peace and tranquility in the district;
(b) the settlement of land disputes;
(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) any similar matter, not within the purview of any one department and
affecting the general welfare of the public of the district; and
(g) removal of any public grievance.
(2) On the matters given in sub section (1) the District Magistrate may call for a
report regarding the steps taken by the police or other agency to deal with the
situation and give such directions in respect of the matter as are considered
necessary by him (District Magistrate) to the police and the concerned agency. - Power to make Rules. – (1) The State Government may make rules for
carrying out the purposes of this Act.
(2) All rules made under this Act shall be laid, as soon as may be after they are so
made, before the House of the State Legislature, while it is in session for a total
period of fourteen days which may be comprised in one session or in two
successive sessions, and if before the expiry of the session in which they are so
laid, or of the session immediately following, the House of the State Legislature
makes any modifications in any of such rules, or resolves that any such rule should
not be made, such rules 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
thereunder.
(3) Every rule made under this Act shall be published by the State Government in
the Official Gazette. - Power to remove difficulties. – (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, not inconsistent with this Act, as it deems
necessary or expedient for removing the difficulty:
Provided that no order under this section shall be made after expiry of three years
from the date of the commencement of this Act.
(2) Every notification issued under this section shall, as soon as may be after it is
issued, be laid before the House of State Legislature. - Repeal and Saving. – (1) The Indian Police Act, 1861 (Central Act No. 5 of
1861) in its application to the State of Rajasthan and the Rajasthan Police
integration Ordinance, 1949 are hereby repealed.
(2) The repeal under sub-section (1) shall not affect the previous operation of the
enactment so repealed and anything done or action taken or deemed to have been
done or taken (including any appointment or delegation made, notification, order,
direction or notice issued, regulations or rules made) by or under the provisions of
the repealed enactment shall, insofar as it is bot inconsistent with the provisions of
this Act, be deemed to have been done or taken under the provisions of this Act,
and shall continue in force unless and until superseded by anything done or any
action taken under this Act.
Order
Order No. F. 18(9) Home-1/2006, Part II, dated 3.2.2011 (G.S.R. 6) (Published
in Rajasthan Gazette Part 4-C(1) dated 10.2.2011 at page 27). – In exercise of
the powers conferred by sub-section (1) of Section 20 of the Code of Criminal
Procedure, 1973 (2 of 1974) read with sub-section (7) of Section 15 of the
Rajasthan Police Act, 2007 (14 of 2007) and all other powers enabling it in this
behalf the State Government in consultation with Commissioners of Police hereby
empowers Deputy Commissioner of Police to exercise in area of Police district of
his jurisdiction the power so far exercisable in area of police district of his
jurisdiction the power so far exerciseable by the District Magistrate and other
Executive Magistrate under the following Acts and provisions of the Acts, as
amended from time to time and rules made there under namely:- - Sections of 58, 107, 108, 109, 110, 111, 113, 115, 116, 117, 118, 119, 121, 122,
123, 124, 129, 130, 131, 133, 137, 138, 139, 140, 141, 142, 143, 144 and 144-A of
the Code of Criminal Procedure, 1973 (2 of 1974). - The Press and Registration of Books Act, 1867 (25 of 1867)
- The Cattle Trespass Act, 1871 (1 of 1871)
- The Indian Telegraph Act, 1885 (13 of 1885)
- The Prisons Act, 1894 (9 of 1894)
- The Poison Act, 1919 (12 of 1919)
- The Official Secrets Act, 1923 (19 of 1923)
- The Petroleum Act, 1934 (30 of 1934)
- The Foreigners Act, 1946 (31 of 1946)
- The Rajasthan Dramatic Performances and Entertainments Ordinance, 1949
(Ordinance No. 29 of 1949) - Rajasthan Public Gambling Ordinance, 1949 (58 of 1949)
- The Rajasthan Cinemas (Regulation) Act, 1952
- The Rajasthan Habitual Offenders Act, 1953 (9 of 1953)
- The Rajasthan Identification of Prisoners Act, 1956 (12 of 1956)
- The Immoral Traffic (Prevention) Act, 1956 (104 of 1956)
- The Prevention of Cruelty to Animals Act, 1960 (59 of 1960)
- Rajasthan Prevention of Mrityu Bhoj Act, 1960 (1 of 1960)
- The Rajasthan Noises Control Act, 1963 (12 of 1963)
- The Unlawful Activities (Prevention) Act, 1967 (37 of 1967)
- Rajasthan Animal and Birds Sacrificing (Prohibition) Act, 1975
- Rajasthan Control of Goondas Act, 1975 (14 of 1975)
- Rajasthan Police (Incitement to Disaffection) Act, 1979 (11 of 1979)
- The Motor Vehicles Act, 1988 (59 of 1988)
- The Rajasthan Prevention of Anti-Social Activities Act, 2006 (1 of 2008)
- Sections 10, 43 and 44 of the Rajasthan Police Act, 2007 (14 of 2007).
