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Five Additional Chapters placed on MHA Website.

Suggestions/Inputs Sought

Request to send latest by 20^th September,2006.

The Police Act Drafting Committee placed eight draft chapters, proposed Preamble and a note seeking suggestions / inputs on 12^th August, 2006. Five more chapters namely:

(i) Chapter 2-A: Primary Rank in Civil Police;

(ii) Chapter 6 : Policing in Metropolitan Areas, major

urban areas and other notified areas;

(iii) Chapter 7 : Policing in the Context of Public Order and

Internal Security Challenges;

(iv) Chapter 11 : Police Accountability; and

(v) Chapter13 : General Offences, Penalties and

Responsibilities;

have been placed on web. The Committee is still to firm up and place on web (i) Chapter 1: Preliminary: Definitions & Interpretation; 2-B: Armed Police; and Chapter 14 : Miscellaneous. It was felt that chapters 1 and 14 should be settled when all the main Chapters are finalized. In this regard, your valuable suggestions/inputs are required on all the thirteen chapters(eight chapter placed on 12^th August,2006 and five Chapters that have since been added).

2. All the concerned citizens and experts are requested to spare a while and go through the draft chapters and send us specific comments- Chapter-wise and Section –wise, that would facilitate easier collation and appropriate utilization.

3. The term of the Committee shall be finishing on 31^st October, 2006. As such, it is requested that the suggestions/inputs may kindly be sent as soon as possible. The Committee would require some time to study the numerous inputs that have been received so far and the ones expected to come in, prior to finalising the draft Act. The Committee looks forward for active participation and continued contributions from the in preparing the new Police Act. Revised list of chapterisation is enclosed.

4. Specific suggestions and inputs, if any, with reference to the proposed contents may please be sent to the PADC on e-mail address padc-mha@nic.in, or by fax No. 011-23070574 or by post to Secretary, Police Act Draftong Committee, Ministry of Home Affairs, Room No. 24(D.S.), Jaisalmer House, 26, Man Singh Road, New Delhi-110 011, latest by 20^th September, 2006.

****** ****** *****
Draft Outline of proposed new Police Act

Suggestions/inputs sought

New Delhi,10^th August, 2006

The Police Act Drafting Committee(PADC), which was constituted on 20^th September, 2005 has had 27 meetings in the last ten months. The Committee comprised six non-official members, four ex-officio Members and a full-time Secretary. The Commonwealth Human Rights Initiative (CHRI), an NGO involved in police reforms, was also associated by the Committee in its proceedings. The Committee took note of the deterioration in the functioning of the Police due to , inter alia, lack of professionalism, undue interferences in police work, frequent arbitrary transfers of the police key functionaries, corruption and the nexus developing between police personnel and crime mafia. The PADC considered wider perceptions of public about police and has gone through the reports of the past Commissions/Committees. The Committee has also surveyed the legislations on policing abroad. It has looked at the comparative experience of policing in other jurisdictions, both developed and developing – England, Northern Island, South Africa, Pakistan, and Sri Lanka – with a view to understand emerging policing needs and trends.

2. . Suggestions/ comments received from different sections of the society with reference to a web-site launched by the Ministry, followed by an advertisement inserted in leading Newspapers all over the country, have been considered. Alongside, the Bureau of Police Research & Development (GOI) undertook a survey of serving police officers from different States of the country and also from the Central Police Organizations and made available the feedback to the Committee. The Committee had interactions with eminent personalities and experts from relevant fields. The sessions of the Committee, in which most of the Members have been participating, initially discussed the whole ambit of policing and thereafter, firmed up on specific inputs as required for the new Police Act. The issues have been grouped into 14 chapters, and focused discussions have been taken up Chapter by Chapter, leading to drafting and editing of the Chapters.

3. In nut shell, the issues focused in the proposed new Act and expected improvements are as follows:-

(i) Issues : The Committee focused on a number of issues, including vexed

ones, such as :

Empowering police constabulary;

Ensuring due attention for investigation work;

Redefining Superintendence and Administration;

Outlining policing patterns for Metropolitan areas and the Rural areas;

New challenges of terrorism, organized crimes and extremism.

selection and fixity of tenure of key functionaries;

performance evaluation;

training and research, leading to needed attitudinal changes;

prevention of extraneous agencies /forces influencing policing;

to make the police accountable to their deeds/misdeeds;

improving working and living conditions of police personnel; and

emphasizing on care of vulnerable sections of society and on human rights.

(ii) Expected improvements : Some of the expected improvements in policing, envisaged through the proposed new Police Act, are as follows:- Professionalism in police is improved by adopting improved methods of investigation and maintenance of public order, with proper performance evaluation and accountability mechanisms; The police are re-oriented to be people-friendly and thereby enlist public participation in policing; Insulating the policing from undue pressures and interferences; Making policing proactive and thereby, effectively meet newer and emerging challenges

Mechanisms and methodologies are evolved for meeting the emerging challenges to policing, such as extremism, cyber crime, organized and international crime; Empowering the police, especially the lower functionaries;

4. In this regard, the Committee feels grateful to the numerous contributors who took notice of the on going efforts for re-drafting the new Police Act and sent us valuable inputs. Some of the concerned citizens even approached the Secretary and made their presentations before the Committee. All these inputs have been carefully examined and suitably utilized in preparing the draft Chapters. The work is continuing. In the meantime, the Committee resolved to put across the views that emerged during the deliberations on some of the Chapters, in a bid to get specific suggestions and additional inputs, if any, from relevant sectors to help finalizing the draft for a new Police Act. The concepts kept in view while drafting different chapters have also been briefly mentioned at the beginning of different chapters.

5. The proposed Chapterisation , draft Preamble, and draft Chapters No. 2, 3, 4, 5, 8, 9, 10 and 12 have been placed on PADC-MHA web site. Other Chapters shall follow shortly. We look forward for your active participation and continued contributions in preparing the new Police Act.

Specific suggestions and inputs, if any, with reference to the proposed contents may please be sent to the PADC on e-mail address padc-mha@nic.in, or by fax No.011-023070574 or by post to Secretary, Police Act Drafting Committee, Min. of Home Affairs, Room No. 24(D.S.), Jaisalmere House, 26, Man Singh Road, New Delhi-110 011, latest by 25^th August, 2006.

******

Draft/6^TH September, 2006

Police Act Drafting Committee

NEW POLICE ACT

Revised Chapterisation

Contents Page No.

Preamble 7

Chapter 1 : Preliminary: Definitions & Interpretation 8

Chapter 2 : Constitution and Organisation of Police Service 11

Chapter 2A: Primary Rank in Civil Police. 27

Chapter 2B: Armed Police 31

Chapter 3 : Superintendence and Administration of Police 33

Chapter 4 : Role, Functions, Duties and Social Responsibilities 43

of Police

Chapter 5 : Rural Policing and Village Police System 49

Chapter 6 : Policing in Metropolitan Areas, major urban areas 58

and other notified areas

Chapter 7 : Policing in the Context of Public Order and Internal 69

Security Challenges

Chapter 8 : Effective Criminal Investigation and Use of Science 73

and Technology in Police Work

Chapter 9 : Training, Research & Development in Police: 78

Chapter 10 : Regulation, Control and Discipline of Police Personnel: 81

Chapter 11 : Police Accountability: 87

Chapter 12 : Welfare and Grievance Redressal mechanisms for 103

Police Personnel :

Chapter 13 : General Offences, Penalties and Responsibilities. 107

Chapter 14 : Miscellaneous 118

Schedules

Draft/10^th August 2006

Police Act Drafting Committee

Preamble

WHEREAS the Nation’s founding faith is the primacy of the rule of law and the police must be organized to promote the maintenance of rule of law and render impartial and efficient service to people with due concern for human rights and proper safeguards for the interests of vulnerable sections;

AND WHEREAS it is the duty of the State to provide a professional and service oriented police which has a paramount obligation and duty to function according to the requirements of the Constitution, the rule of law, and the democratic aspirations of the people;

AND WHEREAS such functioning of the police needs to be professionally organized and service oriented, free from extraneous influences and accountable to law;

AND WHEREAS it is expedient to redefine the police role, duties and responsibilities, by taking into account the emerging challenges of policing, the concern for security of the State, good governance, and human rights;

AND WHEREAS it is necessary to appropriately empower the police to enable it to function as an efficient, effective, people-friendly and responsive agency ;

AND WHEREAS it is necessary for this purpose to consolidate and amend the law relating to the establishment and management of the police, it is hereby enacted as follows:

Draft/……………. 2006

Chapter 1 :

Preliminary: Definitions & Interpretation

(to be finalised)

Preliminary: Definitions & Interpretation

(to be finalised)

Preliminary: Definitions & Interpretation

(to be finalised)

Draft/14^th August 2006

CHAPTER - 2

Constitution and Organisation of Police Service

Concepts kept in view for Ch 2, 2A and 3:

Police is referred to as a ‘Service’ instead of long continuing word “Force’. Under the scheme of our Constitution, the political executive is ultimately responsible to the legislature, and thereby to the people for governance of the State, including maintenance of law and order and control of crime. At the same time, accountability and professionalism can grow in the police only when it has the necessary operational freedom to take and implement decisions objectively. Efforts have been made to strike a right balance by retaining on one hand, command and control over crucial appointments and other public order functions with the executive, while crime investigations and the normal law and order functions are left to the police hierarchy with some decentralization of authority. The controversial State Police Commission is replaced by a State Police Board having limited role, and firm framework with scope to serve the desired purpose . Provisions are made for empowering constabulary and to highlight importance of a District / Police station functioning in a democratic society, having ample scope for a proactive approach with Community Policing Orientation.

2.1 : One Police Service for each State

There shall be one Police Service for each State. Members of the Police Service shall be liable for posting to any branch of the Service including the Armed Police or any of the specialized wings.

2.2 : Constitution & Composition of Police Service

Subject to the provisions of this Act :

The Police Service shall consist of such numbers in the several ranks and have such organization as the State Government may by general or special orders determine ;

The direct recruitments to non-gazetted ranks in Police Service shall be made through a State-level Police Recruitment Board by a transparent process, adopting well-codified, scientific systems and procedures which shall be notified through appropriate rules to be framed by the State Government;

Provided that the recruitment to the Indian Police Service and to the rank of Deputy Superintendent of Police shall continue to be made through the Union Public Service Commission and the State Public Service Commissions respectively

The composition of the police service may reflect adequate gender representation ;

The pay, allowances, service and working conditions of police personnel shall always be commensurate with the hardships and arduous nature of their duties; and

Police personnel shall at all times remain accountable to the law and responsive to the lawful needs of the people and shall observe strict codes of ethical conduct and integrity.

2.3 : Appointment of Director General /Addl. Directors General / Inspectors General and Deputy/Assistant Inspectors General

1) For the overall direction and supervision of the Police Service, the State Government shall appoint a Director General who shall exercise such powers and perform such functions and duties and shall have such responsibilities and such authority as may be provided by or under this Act or rules made thereunder.

2) The post of Director General shall be the senior-most position in the hierarchy of the Police Service of a State and no officer senior or equivalent in rank to the incumbent Director General shall be posted to any position within the police organization to ensure that the unity of command is at all times maintained.

3) The State Government may appoint one or more Additional Director General and/or as many Inspectors General and Deputy/Assistant Inspectors General as necessary.

4) The State Government may, by a general or special order and in consultation with Director General, direct how, in what manner and to what extent an Additional Director General or an Inspector General or a Deputy/Assistant Inspector General shall assist and aid the Director General in the performance, exercise and discharge of his/her powers, functions, duties, responsibilities and authority.

2.4 : Method of Selection and Term of Office of Director General
of Police

The State Government shall appoint the Director General of Police from amongst three senior-most officers in the Police Service empanelled for the rank.

The empanelment for the rank of DGP shall be done through the Union Public Service Commission following, inter alia, the criteria of :

(a) the prescribed length of service;

(b) the assessment of the performance appraisal reports of the previous 15 years of service on the basis of weightages assigned to different gradings, namely, ‘Outstanding’, ‘Very Good’, ‘Good’, &‘Satisfactory’ ;

(c) the range of experience relevant to professional police work including experience of work in central police organizations;

(d) clean record of service in terms of indictment of the official in any criminal or disciplinary proceedings or on the counts of corruption or moral turpitude; and

(e) due weightage being assigned to award of medals for gallantry, distinguished and meritorious service.

Provided that the case of any officer against whom a prima facie criminal or disciplinary charge or a charge of lack of integrity has been made out and a trial/enquiry relating thereto is pending, shall be subject to sealed cover proceeding and be considered only after the disposal of such proceeding.

1) The Director General of Police so appointed shall have a minimum tenure of two years irrespective of his/her normal date of superannuation.

Provided that an incumbent may be removed from the post before the expiry of his/her tenure by the State Government through a written order specifying reasons, consequent upon :

(a) a conviction by a court of law in a criminal offence or in a case of corruption; or

(b) a punishment of dismissal/removal/compulsory retirement from service or of reduction to a lower post awarded under the provisions of the All India Services (Discipline and Appeal) Rules or any other relevant rule; or

(d) incapacitation by physical or mental illness or otherwise becoming unable to discharge his/her functions as the Director General; or

(e) promotion to a higher post under either the State Government itself or the Central Government, subject to such officer having given his/her consent to such a posting;

2.5 : Appointment of Legal Advisor and Financial Advisor

1) The State Government shall appoint a Legal Advisor and a Financial Advisor to assist and aid the Director General of Police on legal and financial matters respectively, in the discharge of his/her duties and functions.

2) The State Government shall also ensure that every District Police Unit and every City Police Commissionerate is provided with one or more Legal Advisors to advise the police on the adequacy or otherwise of the available evidence in various cases investigated by them. The police shall take necessary action on such advice before submitting the charge sheets in the cases.

2.6 : Administration of Police in Metropolitan Areas, Major Urban
Areas and other Notified Areas

The administration of police in metropolitan areas, other major urban areas with a population of 10 lakhs or more, and in such other areas as notified for the purpose by the State Government from time to time, shall be in accordance with the provisions of Chapter 6 of this Act.

2.7 : Creation of Police Zones and Ranges

1) The State Government may, in consultation with the Director General of Police, by notification, divide the entire geographical area of the State into one or more Police Zones. Each Zone, comprising two or more Police Ranges, shall be headed by an officer of the rank of Inspector General who shall supervise the police administration of the Zone and report directly to the Director General.

2) The State Government, in consultation with the Director General, may by notification create as many Police Ranges as deemed necessary. Each Range, consisting of two or more Police Districts, shall be headed by an officer of the rank of Deputy Inspector General who shall supervise the police administration of the Range and report directly to the Inspector General in charge of the Zone in the jurisdiction of which the Range falls.

2. 8 : Police Districts

The State Government, in consultation with the Director General, may by notification declare any area within the State to be a Police District. The administration of the police throughout such district shall vest in the Superintendent of Police who may be assisted by as many Additional, Assistant or Deputy Superintendents as deemed necessary and notified.

2. 9 : District-level Special Cells, Sub-Divisions and Circles

1) For the purpose of dealing with a particular class of crime or providing better service to the community at large including victims of crime, the State Government may, in consultation with the Director General and by notification, create one or more Special Cells in each Police 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 Police District into as many Sub-Divisions as deemed necessary, to be headed by an officer of the rank of Assistant/Deputy Superintendent of Police each.

3) The State Government may by notification also divide each Police Sub-Division into two 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.

2.10 : Police Stations

1) The State Government may, in consultation with the Director General and by notification, create as many Police Stations in a police district as deemed necessary, duly keeping in view the population, the area, the crime situation, workload with respect to the law & order and the distances to be traversed by inhabitants to reach the Police Station.

2) Two or more Police Stations may be assigned to a Police Circle for the purpose of control and supervision.

3) A Police Station shall have a Station House Officer 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, in keeping with the prescribed norms.

1) The State Government shall ensure availability of adequate strength of staff at each police station, duly based on work-study norms

2) The State Governments shall provide to each Police Station all essential amenities including a reception-cum-visitors’ room, separate toilets for men and women, separate lock-ups for men and women, etc.

3) Each Police Station shall have a Women and Child Protection Desk, staffed by women police personnel, to record complaints of crimes against women and children and to deal with the tasks relating to administration of special legislations on crime involving women and children .

4) Each Police Station shall prominently display all the information required to be made public under the Right to Information Act, as also the Supreme Court guidelines and other standing orders on arrests, and the details regarding the persons arrested and held in lock-ups.

2.11 : Term of office of key police functionaries

An officer posted as Station House Officer in a Police Station or as officer in-charge of a Police Circle or Sub-Division or as Superintendent of Police of a District shall have a term of a minimum of two years and a maximum of three years.

Provided that any such officer may be removed from his/her post before the expiry of the minimum tenure of two years consequent upon:

(a) promotion to a higher post

(b) a conviction by a court of law in a criminal offence; or

(c) a punishment of dismissal / removal / discharge / compulsory retirement from service or of reduction to a lower post 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/her functions and duties in the appointment.

An officer may be removed from his/her post before the expiry of the tenure, in exceptional cases, by the competent authority for the reasons of inefficiency and ineffectiveness.

Provided that the competent authority in all such cases shall report in writing the matter with all details to the next higher authority as well as the Director General. It shall also be open to the affected officer to submit a representation against his premature removal to the State Police Board, which shall consider the same on merit and recommend the due course of action to the government.

Explanation : Competent authority means an officer authorized to order transfers / postings for the rank concerned.

2. 12 : Coordination with the District Administration

1) For the purpose of efficiency in the general administration of the district, it shall be lawful for the district officer, by whatever name he/she is called in the State (eg. District Collector / Deputy Commissioner / District Magistrate), in addition to the provisions of Criminal Procedure Code and other relevant Acts to coordinate the functioning of the police with other agencies of the district administration in respect of the following :

(a) matters relating to the promotion of land reforms and the
settlement of land disputes;

(b) matters relating to an extensive disturbance of the public peace and tranquility in the district;

(d) matters relating to the handling of natural calamities and rehabilitation of the persons affected thereby;

(e) matters relating to situations arising out of any external aggression; and

(f) any similar matter, not within the purview of any one department and affecting the general welfare of the people of the district.

(g) for removal of any serious public grievance.

2) For the purpose of such coordination, the district officer may call for information of a general or special nature, as and when required, from the police or any other agency connected to the general administration of the district. The Superintendent of Police shall render all the requisite and available assistance to the district officer for the purpose of coordination specified above.

Explanation : For the purpose of this Section, coordination means to combine or integrate harmoniously.

2. 13 : Railway Police

1) The State Government may, by notification in the Official Gazette, create one or more special police districts embracing such railway areas in the State as it may specify, and appoint a Superintendent of Police, one or more Assistant and Deputy Superintendent and such other police officers for each such special district as it may deem fit.

2) Subject to the control of the Director-General, such police officers shall discharge police functions connected with the administration of railways situated within their respective charges, and such other functions as the State Government may from time to time assign to them.

3) Any police officer whom the State Government shall generally or specially empower to act under this sub-section may, subject to any orders which that government may make in this behalf, exercise within the special district or any part thereof any of the powers of an officer-in-charge of a police station in that district, and when so exercising such powers shall, subject to any such order as aforesaid, be deemed to be an officer-in-charge of the police station discharging the functions of such officer within the limits of his station.

4) Subject to any general or special orders which the State Government may make in this behalf, such police officers shall, in the discharge of their functions, be vested within every part of the State with the powers and privileges and be subject to the liabilities of police officers under this Act or any other law for the time being in force.

5) The Superintendent of Police may, with the previous permission of the State Government, delegate any of the powers and functions conferred on him by or under this Act to an Assistant or Deputy Superintendent.

2.14 : State Bureaux of Intelligence and Crime Investigation

1) Every State Police Organisation shall have a State Bureau of Intelligence for coordination, analysis and dissemination of intelligence, and a State Bureau of Crime Investigation for taking up investigation of inter-state, inter-district crimes and other specified offences.

2) The State Government shall appoint any police officer not below the rank of Inspector General of Police to head each of the two Bureaus.

3) The State Bureau of Crime Investigation, as per the provisions contained in Chapter 8 of this Act, shall have specialized wings to deal with different types of crime requiring focused attention or special expertise for investigation. Each of these wings shall be headed by an officer of appropriate rank but not below the rank of Superintendent of Police.

4) The State Bureau of Intelligence shall similarly have specialized wings, as needed, to coordinate specialized tasks such as VIP Security, counter terrorism, counter militancy, etc.

5) The State Government shall appoint appropriate number of officers in different ranks in the State Bureau of Crime Investigation and the State Bureau of Intelligence, as deemed appropriate with respect to the volume and variety of tasks to be handled.

2. 15 : Organisation of Technical and Support Services

1) The State Government shall create and maintain such ancillary organizations and services for the police organisation as considered necessary or expedient for promoting the efficiency of the police service.

2) The services to be so created shall include a full-fledged Forensic Science Laboratory at the State-level, a Regional Forensic Science Laboratory for every Police Range and a Mobile Forensic Science Unit for every district, with appropriate equipment and scientific manpower, as per the guidelines laid down by the Directorate of Forensic Science/ Bureau of Police Research & Development. It shall also be the responsibility of the State Government to ensure regular maintenance of all scientific equipment and regular replenishment of consumables in the forensic laboratories.

3) The State Government shall appoint for the whole of the State or for any part thereof, one or more Directors of Police Telecommunications, not below the rank of Deputy Inspector General of Police and as many Superintendents of Police and Deputy Superintendents of Police, to assist them, as deemed necessary.

4) The State Government shall similarly appoint for the whole of the State or for any part thereof, one or more Directors of Police Transport, not below the rank of Deputy Inspectors General of Police, and as many Superintendents of Police and Deputy Superintendents of Police, to assist them, as deemed necessary.

5) The State Government shall ensure regular maintenance of all the needed equipment and regular replenishment of consumables for the Police Tele-communications and the Police Transport Services.

2.16: Appointment of Directors of State Police Academies/
Principals of Police Training Colleges / Schools

1) The State Government shall establish a full-fledged Police Training Academy at the State level and as many fully-equipped Police Training Colleges/Schools as deemed necessary for ensuring efficient post-induction training of all directly-recruited police personnel in various ranks, pre-promotion training for all those promoted to higher levels 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 any police officer not below the rank of Inspector General to be the Director of the State Police Academy, and an officer not below the rank of Deputy Inspector General to head each Police Training College and an officer not below the rank of Superintendent of Police as the Principal of each Police Training School.

3) Appropriate number of officers from the police service shall be posted to man the faculty positions in such Police Training Academy, College(s) and Schools, after careful selection with an eye on professional competence, experience and integrity. The State Government shall also evolve a scheme of monetary and other incentives to attract and retain the best of the available talent in the police service to such training institutions.

4) The State Government shall also appoint persons with academic accomplishments in the fields of law, sociology, psychology, criminology, forensic science and other subjects relevant to police profession to the permanent faculty positions in the training institutions.

2. 17 : Organisation of Research

The State Government may set up such bodies and take up such other steps as considered necessary or expedient for the purpose of undertaking research into matters affecting the efficiency of the police service.

2. 18 : Oath or Affirmation by police personnel

Every member of the police service enrolled under this Act shall, on appointment, make and subscribe before the Superintendent of Police or Commissioner as the case may be or another officer appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in Schedule-I.

2.19 : Certificate of appointment

Every police officer of the grade of Inspector or below, shall on appointment receive an insignia and a certificate in the form provided in Schedule II. The certificate shall be issued under the seal of such officer as the State Government may by general or special order direct.

The certificate of appointment shall become null and void and the insignia withdrawn whenever the person named therein ceases to belong to the Police Service or shall remain inoperative during the period, within which such person is suspended from the Service.

2. 20 : Special Police Officers

1) The Commissioner or the Superintendent of Police, specially empowered in this behalf by the State Government, may, at any time by a written order signed by himself and sealed with his or her own seal appoint any able-bodied and willing person between the age of 18 and 50 years, whom he or she considers fit to be a Special Police Officer to assist the Police Service.

2) Every Special Police Officer so appointed shall, on appointment

receive a certificate in a form approved by the State Government in this behalf;

have the same powers, privileges and immunities and be liable to the same duties and responsibilities and be subject to the same authorities as an ordinary police officer.

2. 21 : Appointment of Additional Police

1) Additional police officers of such rank or grade for such time and on such pay as the authority specified by or under the provisions of this Act in that behalf may determine, may be employed or deputed for the purpose stated in such provisions.

2) Every additional police officer appointed, shall on appointment –

(i) receive a certificate in a form approved by the State Government in this behalf;

(ii) be vested with all or such of the powers, privileges and duties of a police officer as are specially mentioned in the certificate; and

(iii) be subject to the orders of the Commissioner or the Superintendent as the case may be.

3) The employment or deputation of such additional police officer may be made at the request of any person requiring such police and the cost of such employment shall be recovered in such manner as is provided by or under this Act or under any other law for the time being in force.

*****

Draft / 05-09-06

Chapter 2-A

The Primary Rank in Civil Police Service

Concepts kept in view:

Public perception of police is a key element in police efficiency and performance. This perception is largely formed by the behaviour of the lowest rank of Civil police personnel who daily interact with the public. It is, therefore, felt necessary to give special attention to this rank in the new Police Act with a view to increasing the status, efficiency, and accountability of this important segment of police service.

This chapter endeavors to raise the level of education and skill of the personnel working in this rank in the Civil Police Service; give them a sense of dignity and pride; make their work more satisfying; increase their productivity and efficiency and ensure adequate career progress so as to make it attractive for talented youth to join the Civil Police. Like any other public service, opportunities for career advancement is an important element in motivation and performance in police service as well. Today, the prospects for a police officer joining the lowest rank (Civil Police Officer Gr. II) to be able to get a promotion is roughly 1 per 100 per year which is totally unsatisfactory for achieving optimum efficiency in the organization. As such, it is imperative to have a ratio of 1:2 between the CPO Gr. II and the immediately superior ranks of CPO Gr. I and sub-inspector taken together.

In view of the differences in tasks and duties of the Armed Police in relation to Civil Police, the recommendations made hereunder are confined to Civil Police only. The structure, recruitment, training and conditions of service in Armed Police are discussed separately in Chapter 2-B.

*****

2A.1. Civil Police Officer Grade. II (COP Gr.II)

(i) The recruitment in the Civil police other than ministerial and technical cadres, after the commencement of this Act, shall be in the rank of Civil Police Officer Gr. II, Sub-Inspector and Deputy Superintendent of Police.

Provided that rules for selection through direct recruitment shall be so made as to provide a fair balance between the different ranks and prospects for promotion at each level at least within a period of 8 to 10 years.

(ii) CPO Gr. II having Graduation as the minimum educational qualification and 3 year-long intensive training before being posted to the service will be police professionals. Their scales of pay and other conditions of service shall therefore be commensurate with equivalent ranks in other professional services under the State.

2A.2 Duties of a Civil Police Officer Gr. II

Duties of a CPO Gr. II shall, inter alia, include the following:

(i) Serving and protecting the citizen,