UTTARAKHAND POLICE ACT, 2007
(1) This Act may be called the Uttarakhand Police Act, 2007.
(2) It extends to the whole of the State of Uttarakhand and to the Police force of the State, deployed outside the State, except the Revenue Police Area
(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, specify in this behalf.
(a) - "Act "means the Uttarakhand Police Act, 2007;
(b) "Cattle" means and includes cows, buffaloes, elephants, camels, horses, asses, mules, sheep, goats and swine;
(c) "Chief Secretary" means the Chief Secretary to the State Government;
(d) "District" means a Revenue territory, notified as a Revenue District under the U.P. Land Revenue Act, 1901 (As amended from time to time and as applicable to the State of Uttarakhand)
(e) "District Magistrate" means the Chief Officer, entrusted with the administration of a District and so appointed by the State Government under Section 20 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974);
(f) "Divisional Commissioner" means the officer designated as su
(1) There shall be a Police Force for the State.
(2) The Police Force shall consist of such ranks and members and have such organization(s), as the State Government may, by general or special orders, prescribe.
(3) The administration of the Police Force of the State, subject to the overall control of the State Government, shall vest in the Director General of Police.
(1) The State Government may, by notification, divide the state into one or more Police Ranges.
(2) The administration of the Police Force in the Police Range shall vest in an officer, not below the rank of Deputy Inspector General of Police.
The administration of the Police District within the local jurisdiction of the District Magistrate, shall be vested in a Superintendent of Police under the general coordination and direction of the District Magistrate.
For the purpose of dealing with a particular category of crime or providing better service to the community at large including victims of crime, the State Government may create one or more Special Cells in a Police District.
(1) The State Government shall, by notification, create Police Stations, with or without outposts.
(2) The State Government shall, by notification, notify the Circle and there shall be minimum two Police Stations in a Circle.
(3) A Police Station shall be headed by an Officer-in-charge, who shall not be below the rank of Sub-Inspector of Police.
Under the Revenue Police System, such area of any District shall fall as the Government determines time to time.
(1) Notwithstanding anything contained in this Act, the State Government may, by notification in the Official Gazette, create one or more Railway Police District under the control of Superintendent of Police including such railway areas in the State as the State Government may specify.
(2) The State Government may, by notification, divide a Railway Police District into one or more Circles, to be headed by an officer of the rank of Assistant/Deputy Superintendent of Police.
(3) The State Government may, by notification, create one or more Police Stations in the Railway Police District, to be headed by an officer of the rank not below the rank of a Sub-Inspector of Police.
Section 9 of the Uttarakhand Police Act, 2007, pertains to the powers and responsibilities of police officers, particularly focusing on their authority to arrest, investigate, and perform duties essential to maintaining law and order within the state of Uttarakhand. It forms a crucial part of the statutory framework governing police conduct and operational scope.
While the exact wording of Section 9 is not provided in the sources, it generally confers specific powers on police officers, including the authority to arrest, investigate, and execute duties in accordance with the law, subject to the provisions of the Act and other applicable laws.
Note: Due to limited specific textual content from the sources regarding Section 9, the commentary is based on typical legal interpretations and the general framework of police powers under similar statutes.
The State Government may, by a general or special order, create a State Intelligence Department for collection, collation, analysis and dissemination of intelligence.
The State Government may, by a general or special order, create a Crime Investigation Department for investigation of specified crimes, as directed by the State Government and/or by Director General of Police.
(1) The State Government may, by a general or special order, create Specialised Police Force and may also determine the number, functions and responsibilities of such Police Force,
(2) A specialsed Police Force may comprise of such administrative structure and hierarchy, as may be prescribed.
(3) The duties, responsibilities, powers, and privileges of a Specialised Police Force may be such, as prescribed by the State Government.
(4) The State Government may, by a general or special order, disband or rationalize such a Specialised Police Force at any time.
To assist the civil police in enforcement of law and maintenance of order or in situations of likely breach of peace or in disaster management functions, in escort of prisoners, or to discharge such other duties, which may require special weapons and tactical teams or presence of armed police, the State Government shall create Armed Police Units or Special Armed Police Units with appropriate manpower strengths in the form of an Armed Police Reserve for each Police District and Armed Police Battalions for the State. The constitution, recruitment, training, deployment and administration of such Reserve Battalions shall be as per rules made under this Act.
Subject to the rules prescribed in this behalf, the Superintendent of Police shall, under special circumstances, appoint Special Police officer in consultation with the District Magistrate.
(1) The State Government may lay down a Training-cum-Education Policy, in consultation with the Director General of Police, for the police officers and personnel. This policy shall also aim to promote a service culture among police officers for acquiring appropriate educational and professional qualifications, as they advance in their career.
(2) The State Government may, by a general or special order, establish Police Training Institutions including State Police Training Institutes, Police Training Schools, and other Training Institutions, including Police Academy.
(3) The supervision and administration of the Police Training Institutions shall be in accordance with Rules, made for this purpose.
(1) The State Government may establish a Bureau of Police Research and Development for undertaking research into matters, relating to police and crime.
(2) The administration and working conditions of the Bureau may be such as may be prescribed.
The State Government may create and maintain, under the overall control of the Director General of Police, such technical agencies and forces as required through notifications made from time to time for this purpose.
The state Government may appoint a Legal Advisor and a Financial Controller to assist and advise the Director General of Police on legal and financial matters respectively.
Notwithstanding anything contained in any law, the State Government shall exercise power of superintendence over the Police Force in respect of all matters.
(1) For the overall control, direction and supervision of the Police Force, the State Government shall appoint a Director General of Police.
(2) The Director General of police shall be appointed from a panel of officers, already working in the rank of the Director General of Police, or the officers, who have been found suitable for promotion in the rank of Director General of Police, after screening by a committee, as constituted by the Government;
Provided that the number of officers in the panel shall not exceed three times the number of cadre posts, sanctioned for the rank of Director General of Police in the State.
(3) The Director General of Police, so appointed, shall have a minimum tenure of two years, subject to superannuation.
(4) The Stat
(a) prevention of crime,
(b) investigation of crime,
(c) maintenance of law and order,
(d) regulation and inspection of the police organization and of the work performed by police officers,
(e) determining the description and quantity of arms, accoutrements, clothing and other wherewithals to be provided to the Police force;
(f) selection of the places of residence of members of the Police force,
(g) regulation, deployment, movements and location of the police force,
(h) assigning duties to officers of all ranks and grades and prescribe the manner and the conditions, subject to which they shall exercise and per
Subject to the provisions of Article 311 of the Constitution of India, disciplinary proceedings shall be conducted, as per the Rules and Regulations made under this Act.
(1) An officer of the rank of Superintendent of Police or above may award any of the following punishments, to a police officer of a rank for which he is the Appointing Authority, namely-
(a) Reduction in rank,
(b) Compulsory retirement,
(c) Removal from service,
(d) Dismissal,
(e) Reduction in salary,
(f) Withholding of increment, and
(g) Withholding of promotion.
(2) Any police officer of the rank of Superintendent of Police or above may award any of the following punishments to any non-gazetted police officer subordinate to him, namely
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A police officer of or above the rank of Superintendent of Police may place a police officer of the rank of Inspector or below, subordinate to him, under suspension for reasons to be recorded in writing.
A police officer shall, in addition to any other delinquent act or behavior, as specified in the relevant rules, be liable for disciplinary action for any of the following misconduct
(a) disobedience of lawful orders;
(b) neglect of duty;
(c) insubordination or any oppressive conduct;
(d) unauthorised malingering or absence from duty;
(e) act of cowardice;
(f) misuse of right; or
(g) any other act, unbecoming of an officer.
An appeal against any order of punishment passed against an officer under in the present Act or any rules made there under, shall lie-
(a) where the order has been passed by the Director General of Police to the State Government; and
(b) where the order has been passed by an officer, subordinate to the Director General of Police-to the officer; who is next higher in rank in the Police hierarchy from the officer, who passed such order.
(1) The State Government may place an officer not below the rank of Deputy Inspector General of Police, to assist the Director General of Police in the administration of the Railway Areas.
(2) The administration of a Police District in a Railway Area shall vest in a Superintendent of Police.
(3) Subject to the control of the Director General of Police, such police officers shall discharge police functions, connected with the railways, situated within their respective charges and such other functions, as the State Government may, from time to time, assign to them.
(4) Any police officer, whom the State Government has, by a general or special order, empowered to act under this sub-section, may exercise within the Police District or any part thereof, any of the powers of an officer-in-charge of a
(1) A Police Officer, posted as an Officer-in-charge of a Police Station;
shall have a minimum term of one year and, as an Officer in-Charge of a Police Circle or as a Superintendent of Police or as a Deputy Inspector General/Inspector General of a Range, shall have a minimum term of two years, subject to superannuation;
Provided that .any police officer covered under this section may be transferred from his post before the expiry of the tenure by the competent authority by a written order, specifying reasons on the following grounds :
(a) on promotion to a higher post or proceeding on deputation;
or
(b) on proving the guilt; or
(c) on framing of a charge by
The State Government shall, as soon as may be, establish a State Police Board to perform the functions, assigned to it under the provisions of this Chapter.
The State Police Board shall comprise the following
(a) Home Minister.............Chairman
(b) The Leader of the Opposition or as the case may be, if there is no Leader of the Opposition, the Leader of the largest single opposition party in the State Legislative Assembly................Member
(c) Chief Secretary..............Member
(d) Principal Secretary/Secretary, Home Department.........Member
(e) Director General of Police.......................... .Member
(f) Two non-political persons of proven reputation for integrity and competence (hereinafter referred to as "Independent Members") from any field, such as academia, law, public administration, media
Independent Member(s) of the State Police Board shall be appointed on the recommendation of a Selection Panel, which shall consist of-
(a) Chief Minister of the State,
(b) Speaker of the State Legislative . Assembly,
(c) Home Minister of the State, and
(d) Leader of the Opposition in the State Legislative Assembly; or as the case may be, if there is no Leader of the Opposition, the Leader of the largest single opposition party in the State Legislative Assembly.
No person shall be appointed as an independent Member of the State Police Board if he
(a) is not a citizen of India; or
(b) has been convicted by a court of law or charges have been framed against him/her by a Court of law; or
(c) has been dismissed or removed from service or compulsorily retired on the grounds of corruption or misconduct; or
(d) holds an elected political office, which includes a member of Parliament or State Legislature or a local body, or is an office-bearer of any political party or any organization, connected with any political party; or
(e) is of unsound mind.
A person may be appointed as an Independent Member for a period of two years. No person shall be appointed for more than one term. An independent member shall be entitled to a sitting fee, transport to and from the place of meeting, as well as for touring expenses in connection with any task, entrusted by the Board, as prescribed from time to time.
(1) The State Government may remove any Independent Member of the State Police Board at any point of time on any of the following grounds:
(a) proven incompetence; or
(b) proven misbehavior; or
(c) failure to attend three consecutive meetings of the State Police Board without sufficient reason; or
(d) becoming incapable by reasons of physical or mental infini1ity; or
(e) otherwise becoming unable to discharge his functions as a member; or
(f) on the recommendation of the Selection Panel.
(2) In addition, an Independent Member may also be removed from the State Police Board by the State Government, if he incurs a
The State Police Board shall per form the following functions, namely-
(1) Suggest and advise the State Government on policy guidelines for promoting efficient, effective, responsive and accountable policing,
(2) Suggest the State Government in identifying performance indicators, which shall, inter alia, include operational efficiency, public satisfaction, victim satisfaction vis-a-vis police investigation and response, accountability, optimum utilization of resources, and observance of human rights standards,
(3) Suggest measures to enhance the performance of the Police Force periodically as per the performance indicators, identified in sub section (2) above,
(4) suggest towards evaluating organizational performance of the police against
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The expenses on account of remuneration, allowances, and travel in connection with official business of the State Police Board, and in respect of the Independent Members of the Board, shall be borne by the State Government, as per the rules prescribed in this respect.
The State Police Board shall at the end of each year, present to the State Government a report on its work during the preceding year on the evaluation of performance of the Police Force. The State Government shall, as soon as may be, lay this report before the State Assembly.
(1) The State Government shall, as soon as may be, constitute a Police Establishment Committee (hereinafter referred to as the Committee) with the Director General of Police as its Chairperson and two other senior most police officers in the Department, not below the rank of Inspector General of Police, as members.
(2) Establishment Committee shall perform the following functions and duties, namely (a) lay procedures for the selection and promotions in the Subordinate Ranks;
(b) transfer of subordinate officers from one Range to another;
(c) transfer of officers of the rank of Deputy Superintendent of Police/ Assistant Superintendent of Police ;
(d) recommend to the State Government, regarding the transfer and posting of police officers of the rank
Section 38 of the Uttarakhand Police Act, 2007, primarily deals with the constitution, functions, and powers of the Police Establishment Committee (PEC). It plays a crucial role in framing procedures related to the selection, promotion, transfer, and redressal of grievances within the police force. The section aims to ensure a structured and transparent administrative process for managing police personnel, subject to oversight and rules framed by the State Government.
Note: This concise commentary synthesizes legal interpretations, judicial rulings, and statutory provisions relevant to Section 38 of the Uttarakhand Police Act, 2007, with references to case law and authoritative judgments for comprehensive understanding.
(1) The indicative role and functions of the police, as per the rules made by the Government from time to time, may broadly constitute the following-
(a) to uphold and enforce the law impartially, and to protect life, liberty, property, human rights, and dignity of the members of the public;
(b) to assist in maintaining law and order;
(c) to protect internal security, to prevent and control terrorist activities, breaches of communal harmony, militant activities and other situations affecting internal security;
(d) to protect public properties including roads, railways, bridges installations and establishment etc, against acts of vandalism or any kind of attack;
(e) to prevent crimes, and reduce the opport
Not withstanding anything contained in this Act, it shall be lawful for the police force and armed police units to investigate and to render such assistance, as may be required in the Revenue Police Area, in the scientific investigations of crimes and regulation of crowd and relief, rescue operations and such other arrangements, as the District Magistrate may direct in exceptional circumstances through the Superintendent of Police of the District.
A senior police officer may perform any duty assigned by law or by a lawful order to any officer subordinate to him. He/She may assist, supplement, supersede or prevent any action of the subordinate by his own action or that of any person lawfully acting under his command or Authority, whenever the same may appear necessary or expedient for comprehensively enforcing the law or for avoiding any infringement thereof;
Every police officer shall, for the purposes of this Act, be considered to be always on duty, and may, at any time, be employed as a police officer in any part of the State or outside it.
No police officer shall engage himself in an employment or office whatsoever, other than his duties under this Act, unless expressly permitted to do so in writing by the State Government.
No police officer shall withdraw himself from duties of his office.
It shall be the duty of any police officer to lay any information before a Judicial Magistrate, having jurisdiction and to apply for summons, warrant, search warrant or such other legal process, as may be, by law, issued against any person, committing an offence.
It shall be the duty of every police officer to take charge of all unclaimed moveable property and to furnish an inventory thereof to the Superintendent of Police, who shall be competent for the disposal of the same in the manner prescribed and shall keep the concerned court, having competent jurisdiction, fully informed in this regard.
It shall be the duty of every officer in charge of a Police Station to keep a general diary in such form and manner as may, from time to time, be prescribed.
The State Government may direct the submission of returns by the Director General of Police and other officers, as the State Government may deem proper, and may prescribe the forms, in which such return are to be prepared.
(1) The State Government may prescribe uniform, insignia and accoutrements for police officers, or as the case maybe, police officers of any class.
(2) The Director General of Police may, from time to time, issue directions for wearing of uniforms and carrying of insignia and accoutrements.
(1) The State Government may create, for Police Districts or Police Stations, a Special Crime Investigation Units, headed by an officer not below the rank of Sub-Inspector of Police and may also specify the offences to be investigated by such units.
(2) The police officers posted to such units shall not be diverted to any other duty, except under very special circumstances, with the written permission of the Director General of Police,
(3) The Special Crime Investigation Units may also investigate other offences, as may be specified by general or special order of Director General of Police.
(1) Subject to such inquiry and restrictions ,as may be specified by the State Government or any officer authorised for the purpose, the Superintendent of Police may, by public notice, temporarily, reserve, for any public purpose, any street or other public place and prohibit the public from entering the area so reserved, except on such conditions as may be specified.
(2) The Superintendent of Police may authorize any police officer:
(a) to erect barriers and other necessary structures on public roads and streets: required for maintenance of law and order.
(b) to check vehicles or occupants thereof, for violation of any law.
(3) The District Superintendent of Police or any officer, not below the rank of Assistant /Deputy Superintendent of Police, ma
Section 51 of the Uttarakhand Police Act, 2007, pertains to the procedures and powers related to the revocation or modification of permissions granted under the Act, especially concerning development and land use. It plays a crucial role in regulating urban planning, development, and enforcement of sanctioned development plans, ensuring that authorities retain control over unauthorized or non-conforming constructions.
Section 51 authorizes the planning authority to revoke or modify permissions previously granted for construction or development if such activities are found to be inconsistent with the sanctioned development plan or if they violate provisions of the Act. The section emphasizes that revocation or modification must follow prescribed procedures, including giving an opportunity of hearing to the affected parties, and must be based on considerations of public interest, safety, or compliance with the development plan.
Section 51 applies to all permissions granted under the development control provisions of the Act, including building permits, land use permissions, and other sanctions related to urban development. It provides a mechanism for authorities to ensure adherence to sanctioned plans and prevent unauthorized constructions. The scope also encompasses the authority's power to revoke permissions in cases of non-compliance or violation, and to ensure the overall urban planning objectives are met.
While Section 51 itself primarily deals with revocation and modification of permissions, violations of the development plans or illegal constructions under the Act can attract penalties under other sections, such as fines, demolition orders, or criminal prosecution. The exercise of power under Section 51 must be in consonance with the penalties prescribed elsewhere in the Act, ensuring that unlawful constructions do not go unpunished.
Power of revocation - Section 51 grants the planning authority the power to revoke or modify permissions, but such exercise must be based on lawful grounds and following due process. The authority's discretion must be exercised judiciously to prevent arbitrary actions. [Source: General principles of administrative law and land use regulation]
Procedural safeguards - The section mandates that affected parties must be given a reasonable opportunity of hearing before permissions are revoked or modified, ensuring fairness and preventing abuse of power. [Source: Landmark judgments on natural justice]
Rational exercise of discretion - The authority's power under Section 51 is not unfettered; it must be exercised rationally, considering public interest, safety, and compliance with sanctioned plans. Arbitrary revocations can be challenged in courts. [Source: Judicial review principles]
Protection of vested rights - Rights acquired under permissions granted prior to revocation are protected unless the law explicitly states otherwise, safeguarding legitimate expectations of developers and landowners. [Source: Doctrine of legitimate expectation]
Scope in urban planning - Section 51 is integral to urban planning, enabling authorities to prevent unauthorized development, ensure compliance with master plans, and maintain orderly growth of cities. [Source: Urban development statutes]
Relation with other provisions - The exercise of powers under Section 51 must align with other provisions of the Act, including penalties for violations, demolition orders, and criminal sanctions, creating a comprehensive regulatory framework. [Source: Land planning and building laws]
Judicial oversight - Courts can review the exercise of power under Section 51 if it is exercised capriciously, without following due process, or for extraneous reasons, ensuring accountability of authorities. [Source: Case law on administrative actions]
Limitations on revocation - The section does not permit revocation in cases where rights have vested or where the permission was granted following due process and compliance with law, unless public interest demands otherwise. [Source: Constitutional principles and statutory interpretation]
Impact on development projects - Revocation under Section 51 can significantly impact ongoing development projects; hence, authorities must exercise this power with caution, balancing development needs with legal compliance. [Source: Land use jurisprudence]
Legal remedies - Developers or landowners aggrieved by revocation or modification of permissions have the right to challenge such orders in courts, seeking quashing or directions for reinstatement. [Source: Judicial review and writ jurisdiction]
Consistency with constitutional rights - Actions under Section 51 must respect constitutional rights, including the right to property and fair hearing, aligning administrative powers with constitutional mandates. [Source: Fundamental rights jurisprudence]
Safeguards against misuse - To prevent misuse, the law requires that revocations be based on clear legal violations, documented reasons, and proper notices, ensuring transparency and fairness. [Source: Principles of good governance]
Relevance in land disputes - Section 51 plays a vital role in resolving land disputes arising from unauthorized constructions and ensuring conformity with sanctioned plans, thereby supporting urban governance. [Source: Land dispute resolution laws]
Legal precedents - Courts have consistently held that revocation of permissions must be within the scope of law, exercised in good faith, and with adequate opportunity for affected parties to be heard. [Source: Judicial precedents on administrative revocation]
Limit on exercise of power - The power under Section 51 cannot be invoked to arbitrarily undo lawful permissions, especially where vested rights or legitimate expectations are involved, maintaining rule of law. [Source: Constitutional law principles]
Inclusion of environmental considerations - Revocations under Section 51 may also incorporate environmental concerns, ensuring that development activities do not harm ecological balance, aligning with sustainable development principles. [Source: Environment and urban planning laws]
In conclusion, Section 51 of the Uttarakhand Police Act, 2007, embodies a critical administrative power that must be exercised within constitutional and legal parameters, ensuring fairness, transparency, and rationality in urban development and land use regulation. Its proper exercise safeguards public interest while protecting individual rights and legitimate expectations.
(1) In respect of a Police District, the Superintendent of Police, in concurrence with the District Magistrate, may issue general or special orders in such manner, as may be prescribed, in respect of the following -
(a) Regulating places of public amusement and public entertainment and, if necessary in the interest of general public, prohibiting any such places of public amusement and public entertainment for ensuring the safety and well-being of persons, likely to be affected;
(b) Regulating the entry or exit at any place of public amusement, public entertainment, or at any place of public meeting or assembly and providing for the maintenance of public peace and prevention of disturbance at such places;
(c) Regulating all assemblies and processions on any public road, street or thoroughfare
Superintendent of Police may, time to time, issue directions for regulating the use of public road and street in respect of motorists, cyclists, pedestrians and persons, accompanying animals, and for parking of vehicles including bicycles, with a view to ensuring smooth and orderly movement of traffic.
(1) The State Government shall, as soon as may be, frame Rules for Witness Protection as a measure of Human Rights protection.
(2) The State Government or an officer, authorized by the State Government may apply to the Court, having jurisdiction, for declaring a witness as a protected witness under such terms and such conditions, as may be prescribed.
(3) The measures for protecting such witness may include, inter alia :
(a) Making necessary arrangements:
(i) allowing the witness to establish a new identity; or
(ii) providing arrangements to protect and provide security to the witness and his family;
(b) relocating the witness;
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(1) The State Government may prescribe appropriate measure for the safety, protection and assistance for a victim from the accused.
(2) The State Government may pass such other orders, as deemed necessary, to remove any difficulty in the operation of this section.
(l) Each village or group of villages in a Police. District shall have one Village Guard, enlisted by the Superintendent of Police for such tenure, as prescribed in accordance with the Rules, prescribed in this behalf.
(2) A person of sound health, in the age group of 30 to 60 years, residing in the village or the group of villages concerned, shall be eligible for enlistment as Village Guard, in the order of preference laid down below
(a) Ex- Serviceman! Para military personnel
(b) Home Guard volunteers/ Pranteya Rakshak Dal (P.R.D),
(c) A sports person, who has represented a District at the State level; and
(d) Any other person.
(3) No person having any of
(1) Village Guard shall be an honorary worker and shall be deemed to be a Public Servant, as defined in the Indian Penal Code, 1860 (Act No. 45 of 1860)
(2) He may be paid such honorarium and pocket expenses, as determined by the State Government from time to time.
(1) Each Village Guard in the Police District, may be provided with an Identification Badge, Uniform and a Photo Identify Card, by the Superintendent of Police or an officer authorised by him.
(2) Any person, who ceases to be such a Village Guard, shall, forthwith, deliver to the Superintendent of Police or to an officer authorized by him, his Identification Badge, Uniform, Photo Identity Card and all records and documents, maintained by him as Village Guard.
The duties and responsibilities of a village Guard shall be as follows, namely-
(1) 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;
(2) Maintaining a general vigil in the village from the point of view of prevention of crime or prevention of a law and order problem and promptly informing the police station about the same;
(3) 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;
(4) Assistin
The Superintendent of Police may, wherever required. organize a group of local respectable persons for any village, to form a Village Defence Team, for carrying out preventive patrolling, promoting crime reduction measures and generally, assisting the police in their functioning in the manner prescribed.
(1) The District Superintendent of Police shall, in the prescribed manner constitute one or more Community Liaison Groups out of the representatives of the community, in every Police Station, to assist the police force in discharging their duties.
(2) Such Community Liaison Group(s) shall perform such functions and shall have such responsibilities, as may be prescribed.
(1) The Director General of Police shall, with the approval of the State Government, form an Internal Security Scheme to deal with the problems of Public order and security of the entire State. The Internal Security Schemes for the District shall be prepared jointly by the concerned District Magistrate and Superintendent of Police.
(2) The Internal Security Schemes shall be reviewed and revised as necessary at least once in three years, provided that the work of revision may be completed before the expiry of three years from the date of preceding review/ revision.
(3) The Internal Security Schemes shall, inter alia, cover the role of the civil administration and the police with regard to the security of any establishment or installation, relating to important infrastructure, if any, located in the area.
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In addition to the existing mechanisms, functions, duties and responsibilities of the departmental authorities, accountability of the police shall be further insured through the additional mechanism detailed in this chapter.
The State Government shall, within six months of the coming into effect of this Act, establish a State Police Complaints Authority, (hereinafter referred to as the Authority) consisting of a Chairperson and maximum four other Members to inquire into public complaints against the police personnel for serious misconduct and to perform such other functions, as stipulated in this Chapter.
-(1) The Authority shall consist of maximum five members, to be appointed by the State Government, with a credible record of integrity and commitment to human rights. The Authority shall consist of the following
(a) four persons of eminence with experience in public dealing and having credible record of integrity and commitment to human rights as independent members.
(b) a Police officer superannuated in the rank not below the rank of Inspector General of Police;.
(2) At least one member of the Authority shall be a woman and not more than one member shall be a police officer.
(3) Out of the four independent members, at least one member of the· Authority shall be from amongst persons, having a good knowledge of law.
A person shall not be eligible to be a member of the Authority, if he/she (a) is not a citizen of India;
(b) is above 70 years of age;
(c) is serving in any police, military or allied organization;
(d) is employed as a public servant;
(e) holds any elected office, which include Member of Parliament or Member of State Legislature or of any Local Body;
(f) is a member of, or is associated, in any manner, with an organization, declared as unlawful under an existing law;
(g) is an office bearer or a member of any political party;
(h) has been convicted for any offence or against whom charges have been framed by any court
(1) The term of office of a member and the Chairperson shall be three years unless
(a). he resigns at any time before the expiry of his term; or
(b) he is removed from the office on any of the grounds, mentioned under section 68.
(2) The Chairperson and the members shall be eligible for reappointment
(3) The remuneration, allowances arid other terms and conditions of service of the members shall be such, as may be notified by the State Government from time to time.
The Chairperson or any member of the Authority may be removed from his office by an order of the Governor on the following grounds (a) Proven misconduct or misbehavior;
(b) Persistent neglect to perform duties of the Authority;
(c) Occurrence of any such situation, that would make a member ineligible for appointment to the Authority under Section 66; or
(d) Any member engaging himself, during his term of office, in any paid employment outside the duties of his office.
(1) The State Government shall provide staff to the members of the Authority.
(2) The strength of the staff shall be prescribed by the State Government.
(3) The staff shall be selected by the Authority in accordance with the procedure, prescribed by the Government..
(4) The remuneration and other terms and conditions of service of the staff shall be a notified from time to time by the State Government.
The Authority shall frame its own Rules for the conduct of its business with the approval of the Government
(1) The Authority shall forward the complaints of misconduct, received directly by it, to the Director General of Police for further action, however, no cognizance shall be taken of anonymous complaints.
(2) The Authority may inquire into allegations of "serious misconduct" against police personnel, on a complaint received by it.
Explanation : "Serious misconduct" for the purpose of this Chapter, means any act of a police. officer, due to which charges may be framed for the following:
(a) death in police custody;
(b) grievous hurt, as defined under Section 320 of the Indian Penal Code, 1860;
(c) rape or attempt to commit rape;
(d) arrest or detention without du
(1) The Authority shall have the power to require any person, subject to legal privilege, to furnish information on such points or matters as, in the opinion of the Authority, may be useful for, or relevant to, the subject matter of the inquiry and any person so required, shall be deemed to be legally bound to furnish such information within the meaning of Section 176 and 177 of the Indian Penal Code, 1860.
(2) The Authority, for discharging its duties under this Chapter, shall have the power of a Civil Court.
(3) In the cases enquired directly by it, the Authority may, upon the completion of the enquiry, communicate its finding to the State Government and recommend suitable action.
(1) The Authority shall prepare an annual report at the end of each calendar, year, inter alia, containing the following, with such other things -
(a) The number and type of cases of "serious misconduct", which have been inquired into by it;
(b) The number and type of cases of "serious misconduct", which have been referred to it by the complainants upon being dissatisfied by the departmental inquiry into his complaint;
(c) The number and type of cases, including those referred to in (b) above, in which advice or direction was issued by it to the police for further action;
(d) The patterns of misconduct committed by the police personnel in the State, which has been identified; and
(e) recommendations re1
(1) Any person may lodge his complaint, relating to any "misconduct" or ~serious misconduct" on the part of police personnel, with the Authority;
Provided that no complaint shall be entertained by the Authority, if the subject matter of the complaint is being examined by any other Authority or any court established by law.
(2) In cases, where a person has lodged a complaint with the police authorities, he may inform the Authority, at any stage of the departmental inquiry, about any un- due delay in the processing of the inquiry.
(3) The complainant shall have a right to be informed of the progress of the inquiry, from time to time, by the Inquiring Authority (the concerned police Authority or the Authority). Upon completion of inquiry or departmental proceeding, the complainant shall, as soon as may be, informed of the conclusions of
Legal Comments
Introduction - Uttarakhand Police Act, 2007 governs establishment, regulation and management of police in Uttarakhand; it redefines roles, duties and responsibilities of police in the state. [INDIA CODE / Uttarakhand Police Act, 2007 overview]
Section 74 – Penal consequence for disobeying orders or directions; creates accountability for violators who fail to comply lawful orders issued under sections governing police conduct. [Section 74 – Uttarakhand Police Act, 2007]
Essential ingredient 1 - There must be a lawful order or direction issued under the Act; non-compliance attracts punishment as provided by the section. [Section 74 – Uttarakhand Police Act, 2007]
Essential ingredient 2 - The offender is a person to whom the order is directed or who is bound by the direction; typically police personnel or other designated individuals under the Act. [Section 74 – Uttarakhand Police Act, 2007]
Essential ingredient 3 - The act of disobedience or non-compliance must be intentional or culpable as per the statutory framing; mere misunderstanding may not suffice without non-compliance. [Section 74 – Uttarakhand Police Act, 2007]
Scope of Section 74 - Applies to disobedience of lawful orders or directions issued under the Uttarakhand Police Act, and governs disciplinary accountability within the police force. [Section 74 – Uttarakhand Police Act, 2007]
Punishment range - Section 74 prescribes punitive consequences for disobedience; specific penalties are framed within the Act, including penalties such as reprimand, censure, or other disciplinary actions as authorized. [Section 74 – Uttarakhand Police Act, 2007; related punitive provisions cited in Act summaries]
Authority to punish - Punishments under Section 74 are administered by competent officers as per the hierarchy (e.g., Deputy Superintendent of Police or higher may impose certain penalties); the hierarchical structure is reflected in subordinate sections. [The Uttarakhand Police Act, 2007 – punishments and disciplinary powers]
Related compliance framework - Section 74 operates in conjunction with other disciplinary provisions of the Act that define permissible punishments and the process for initiation, enquiry and review of disciplinary actions. [The Uttarakhand Police Act, 2007 – general disciplinary framework]
Interaction with other offences - Disobedience under Section 74 is a statutory disciplinary matter rather than a criminal offence; proceeding under Section 74 is distinct from criminal prosecution for the same act, unless other offences are also involved. [Uttarakhand Police Act – disciplinary vs criminal proceedings]
Procedural safeguards - The Act implies procedural mechanisms for inquiry and imposition of penalties; officers of requisite rank must apply, record, and justify disciplinary actions under due process. [Disciplinary procedures under Uttarakhand Police Act]
Scope of personnel covered - While primarily aimed at police personnel, Section 74 applies to individuals to whom lawful orders or directions under the Act are directed, potentially extending to employees connected with police functioning where applicable. [Section 74 – Uttarakhand Police Act, 2007]
Cross-reference with other sections - Section 74 interacts with other provisions prescribing specific punishments (e.g., reprimand, censure) and may rely on definitions and terms in sections 51 and beyond. [Section 83 and related sections – Uttarakhand Police Act, 2007]
Interpretation notes - Courts may interpret Section 74 in light of statutory language, purpose of police discipline, and protection of constitutional rights, ensuring no arbitrary punishment. [Judicial interpretation of police discipline provisions]
Practical example reference - There are case references where Section 74 was invoked to challenge or defend disciplinary actions; examples include complaints and prosecutions citing disobedience under the Act. [Case references citing Section 74 – Uttarakhand Police Act, 2007]
Policy objective - The section anchors accountability within police administration to ensure compliance with lawful orders, maintaining discipline and proper functioning of the force. [Policy objectives in Uttarakhand Police Act]
Related sources for further reading - Official texts and summaries (e.g., PDF copies of the Uttarakhand Police Act, 2007, India Code summaries, and case law portals) provide the exact language and punishment powers. [Official Uttarakhand Police Act, 2007 – S3waas; India Code; case law portals]
Limitations of source material - Available summaries indicate structure and punitive powers but do not always reproduce the full text of Section 74; consult the Act directly for precise wording and penalties. [Act texts and summaries on S3waas / India Code]
No suit or other legal proceeding shall lie against the State Government, the State Police Board, its, members and staff, the Police Complaints Authority, its members and staff or any person acting under the direction of the Board or the Authority, in respect of anything, which is done or intended to be done in good faith in pursuance of the provisions of this Act.
For the efficient performance of duties, a separate component in appropriate major head of the State budget, as the State Government may determine, shall be provided.
(1) The Director General of Police shall be responsible for the implementation of the welfare measures for the police officers and other personnel under his supervision and control.
(2) The State Government may, in this regard, appoint one or more police officers to advise and assist the Director General of Police.
(1) There shall be a Police Welfare Bureau (hereinafter referred to as the Bureau), which shall be headed by an officer, who shall not be below the rank of Deputy Inspector General of Police.
(2) The function and duties of the Bureau shall, inter alia, include administration and monitoring of welfare measures for police personnel, such as
(a) health care, particularly in respect of chronic and serious ailments, which include the post-retirement health care schemes for police officers and other personnel and their dependents, as are applicable to the employees of State Government;
(b) Medical assistance to police officers and other personnel, suffering injury in the course of the performance of duty, as determined by the State Government;
(c) Financ
(1) The State Government shall prescribe an Insurance Coverage for all police officers against injury, disability, or death caused while on duty.
(2) The State Government may also prescribe an allowance for Police Officers, posted in special wings carrying aggravated risks, as per State Government rules.
(1) The Director General of Police, ·with the approval of the State Government, shall put in place a fair, transparent, and participatory grievance redressal mechanism, by way of Regulations, for looking into individual as well as collective grievances of the police personnel. The grievances shall he liberally entertained.
(2) This mechanism shall ensure a right of appeal to the aggrieved party, if he is not satisfied with the disposal of his grievance at the first level.
(1) Any person, who, commits any of the following offences, on any road, or street, thoroughfare, or any open place, which may cause inconvenience, annoyance or danger to the residents or passers-by, shall, on being found guilty by a court, be punished with a fine minimum Rs. Five Hundred and maximum Rs. One Thousand, such as-
(a) being found intoxicated and riotous or found to be committing a nuisance in public;
(b) knowingly spreading rumors or causing a false alarm to mislead the police, fire brigade, or any other essential service.
(2) It shall be lawful for any police officer to take into custody without a warrant, any individual, who commits any of the offences mentioned under sub-section (1) and fails to compound that offence on the spot.
(3)
(1) For effective management of law and order in a Division, wherever required, coordination among various other agencies and State Government shall be made by the Divisional Commissioner.
(2) For effective management of law and order in a District, wherever required, coordination among various other agencies and State Government shall be made by the District Magistrate.
(3) For the purpose of coordination, the District Magistrate may call for information of a general or special nature, as and when required, from the Superintendent of Police of a district and heads of other departments of the district. Where the situation so demands, the District Magistrate shall pass appropriate written orders and issue directions to achieve the objective of coordination.
(4) For the purpose of coordination,
(1) Any person, not complying the lawful orders, issued under section 51, 52, 53 and sub-section (3) and (4) of section 81, shall be prosecuted in co court of competent jurisdiction and on conviction, shall be liable to a fine, which may extend upto rupees ten thousand, (2) However, the offence under section 51,52 and 53 may be compounded on the spot, if a fine, amounting to half of the maximum prescribed, is deposited with the Officer-in- charge of the concerned Police Station.
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 authorized by the State Government or as the case may be, by an officer authorized by the State Government, shall, on conviction, be punished with imprisonment, which may extend up to six months or fine, which may extend up to rupees five thousand or with both.
(a) who is guilty of violation of any duty or of willful breach or of neglect of any rule or regulation of lawful order by a competent authority; or
(b) who has withdrawn from the duties of his office without permission or without having given prior notice; or
(c) who, being absent on leave, has failed, without reasonable cause, to report himself/ herself to duty on the expiration of such leave;
or
(d) who has engaged himself/herself, without authority, in any employment other than his police duty;
or
(e) who is found guilty of cowardice;
or
(f) who has been found inf
(1) The Indian Police Act, 1861 (Act 5 of 1861) is hereby repealed in its application to the State of Uttarakhand.
(2) The repeal under sub-section (1) shall not affect the previous operation of the enactments so repealed and anything done or action taken or deemed to have been done or taken earlier (including any appointment or delegation made or notification, order, direction or notice issued). Rules or Regulations made under the provisions of the said Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made under the corresponding provisions of this Act, and shall continue to be in force unless and until superseded by anything done or action taken under this Act.
(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, before the House of the State Legislature.
(3) The Director General of Police may frame Regulations, with the approval of the State Government, In respect of matters, specified in this Act.
(4) State Government may direct the Director General of Police to amend any Regulation made by him In such manner, as it may direct and thereupon, the Director General of Police shall amend the Regulation in the manner as directed.
(5) Every Rule and Regulation made this Act shall be notified by the State Government in the Official - Gazette.
(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, in the Official Gazette, make such provisions, within three years from the commencement of this Act, which are not inconsistent with this Act, as it deems necessary or expedient for removing the difficulty,
(2) Every order, issued under the section, shall, as soon as may be, be laid before the State Legislature.
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