Act No. 15 of 2008
4th August, 2008
to make provision for the law relating to the establishment and management of the Police organization and its functions. Be it enacted by the Legislature of Sikkim in the Fifty-ninth Year of the Republic of India as follows: -
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(1) This Act may be called the Sikkim Police Act, 2008.
(2) It extends to the whole of Sikkim.
(3) It shall come into force on such date as the State Government may by notification in the Official Gazette appoint.
(1) In this Act, unless the context otherwise requires.-
There shall be one Police Service for the State, called the Sikkim Police. Members of the Police Service shall be liable for posting to any branch of the Service, including the Armed Police or any of its specialized wings.
Subject to the provisions of this Act-
(1) The Police Service shall consist of such number of Police officers, including members of the Indian Police Service and the State Police Service, as the State Government may by general or special orders determine from time to time.
(2) The direct recruitments to Group 'C posts in the Police Service shall be made through a Police Recruitment Committee by a transparent process as per rules framed by the State Government.
(3) The recruitment to the rank of Deputy Superintendent of Police shall be made through the State Public Service Commission.
(4) The composition of the Police Service shall, as far as possible, reflect adequate representation of all sections of society, including gender representation.
(5) The pay, allowances, service and working conditions of Police officers shall be as prescribed by rules from time to time. These shall always be commensurate with the arduous nature of their duties.
(1) For the overall direction and supervision of the Police Service, the State Government shall appoint a Director General of Police who shall exercise such powers, perform such functions and duties, and have such responsibilities and such authority, as may be prescribed.
(2) The post of Director General of Police shall be the senior-most position in the hierarchy of the Police Service of the State and no officer senior to the incumbent Director General of Police shall be posted to any position within the State police Service.
(3) The State Government may appoint one or more Additional Directors General of Police, and as many Inspectors General of Police, Deputy Inspectors General of Police and Assistant Inspectors General of Police as necessary.
(4) The State Government may, by a general or special order in consultation with the Director General of Police, direct in what manner and to what extent an Additional Director General of Police or an Inspector General
(1) The State Government shall appoint the Director General of Police from amongst officers of the Indian Police Service in the State Cadre empanelled for the post and recommended by a three member screening committee headed by the Chief Secretary constituted for the purpose. The Screening Committee shall prepare a panel of at least three suitable persons. Except in the case where the vacancy is unanticipated, the Screening Committee shall make its recommendation before the vacancy arises:
Provided that in case the Screening Committee comes to the conclusion, for reason to be recorded in writing, that there being no suitable incumbent available in the State Cadre, it may assess the suitability of empanelled Indian Police Service officers of other State Cadres subject to their willingness and concurrence of the Central Government.
(2) The Screening Committee may device its own procedure and shall consider the names of all empanelled officers of the Indian Police Servic
The State Government, in consultation with the Director General of Police, may, if required in public interest, by notification divide the entire geographical area of the State into one or more Police Ranges, and two or more Police Ranges into Police Zones. Each Range shall be headed by an officer of the rank of Deputy Inspector General of Police who shall supervise the Police administration of the Range and report directly to the Inspector General of Police in charge of Law and Order, or on creation of Police Zones, to the Inspector General of Police in charge of the Zone comprising his Range, who shall supervise the Police administration over all Ranges under him and report to the Director General of Police through the Additional Director General of Police, Law and Order, if appointed.
The State Government, in consultation with the Director General of Police, 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 of Police, as deemed necessary and are notified.
(1) 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, in consultation with the Director General of Police 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.
(1) The State Government may, in consultation with the Director General of Police and by notification, create as many Police Stations with as many Outposts as necessary in a Police District, duly keeping in view the population, the area, the crime situation, the workload in terms of law and order, and the distances to be traversed by the inhabitants to reach the Police Stations.
(2) A Police Station shall be headed by a Station House Officer not below the rank of Sub-Inspector of Police.
(3) The State Government shall ensure availability of adequate strength of staff at each Police Station, duly based on the population, incidence of crime, law and order-related workload, and the geographical area.
(4) The State Government shall provide, as early as possible, each Police Station with all essential amenities including a reception-cum-visitors' room, separate toilets for men and women, and to deal with the tasks relating to administration of special legislations r
An officer posted as Station House Officer in a Police Station or as Superintendent of Police of a District shall have a minimum term of two years:
Provided that any such officer may be removed from his post before the expiry of the minimum tenure of two years consequent upon-
(1) District Magistrates within their jurisdiction shall function as nodal and coordinating authorities on behalf of the State Government and provide leadership in the time of crisis likely to affect the public peace.
(2) In order that these functionaries are able to discharge these functions effectively in matters of overriding public importance, the District Superintendent of Police shall keep the District Magistrate fully informed on all the matters in the district relating to the state of law and order and potential for disturbance of the public peace and shall promptly consult him on all matters of overriding public importance relating to the Police.
(3) The Sub-Divisional Police Officer shall keep the Sub-Divisional Magistrate or the Executive Magistrate, as the case may be, fully informed on all the matters in the Sub-Division or other local jurisdiction relating to the state of law and order and potential for disturbance of the public peace and shall promptly
(1) For the purpose of efficiency in the general administration of the district, it shall be lawful for the District Magistrate, in addition to the provisions of the Code of Criminals Procedure, 1973 and other relevant Acts for the time being in force, to issue directions to the Police of the District in respect of the matters relating to the following:-
(1) The State Police Service shall have a State Intelligence Department for collection, collation, analysis and dissemination of intelligence, and a Criminal Investigation Department for investigating inter-state, inter-district crimes and other specified offences, in accordance with the provisions of this Act.
(2) The State Government shall appoint a Police officer of or above the rank of Deputy Inspector General of Police to head each of the aforesaid departments.
(3) The Criminal Investigation Department shall have specialized wings to deal with different types of crime requiring focused attention or special expertise for investigation. Each or more than one of these wings shall be headed by an officer not below the rank of Superintendent of Police.
(4) The State Intelligence Department shall have specialized wings to deal with and coordinate specialized tasks such as measures for counter terrorism, counter militancy and VIP Security.
(5) The State Go
(1) The State Government shall create and maintain such ancillary technical agencies and services, under the overall control of the Director General of Police, as considered necessary or expedient for promoting efficiency of the Police Service.
(2) The services so created shall include a full-fledged Forensic Science Laboratory at the State-level and as many number of Mobile Forensic Science Units as necessary with appropriate equipment and scientific manpower, in keeping with the guidelines laid down by the Directorate of Forensic Science or the Bureau of Police Research and Development of the Government of India.
(3) The State Government shall appoint an officer not below the rank of Superintendent of Police as in-charge of Police Telecommunications, and as many Additional Superintendents of Police and Deputy Superintendents of Police as deemed necessary to assist him.
(4) The State Government shall similarly appoint an officer not below the rank of Superinte
(1) The State Government shall establish a full-fledged Police Training Centre for ensuring efficient post-induction training of all directly-recruited Police personnel up to the rank of Sub- inspector, pre-promotions training for all those promoted to higher levels and such thematic and specialized in-service training courses for Police officers of different ranks and categories as deemed necessary from time to time.
(2) The State Government shall appoint an officer not below the rank of Superintendent of Police as the Principal of the Police Training Centre.
(3) The State Government shall also appoint appropriate number of officers from the Police Service in the Police Training Centre who may be given additional monetary and other incentives so that the best available talent in the Police Service is attracted and retained in the faculty of the Centre.
(4) The State shall also ensure that persons with academic accomplishments in the fields of Law, Sociology, P
The State Government may set up a body or bodies within or outside the Police Service in such manner as may be expedient for undertaking survey and studies in providing advice and guidance to the Director General of Police and the State Government on matters relating to the policing or the efficiency of the Police Service.
Every member of the Police Service enrolled under this Act shall on appointment and completion of training, make and subscribe before an officer appointed in that behalf by the Director General of Police an oath or affirmation, in such form as may be prescribed.
(1) Every Police officer shall on appointment receive an insignia and a certificate in the form as may be prescribed. The certificate in respect of officers below the rank of Inspector of Police shall be issued under the seal of the Director General of Police or such officer as he shall appoint, by virtue of which the person holding such certificate shall be vested with the powers, functions and privileges of a Police Officer.
(2) The certificate of appointment shall become null and void, and the insignia shall be deemed to be withdrawn, whenever the person named therein ceases for any reason, to be a Police Officer.
(3) A Police officer shall not, by reason of being suspended from office, cease to be a Police Officer. During the term of such suspension the powers, functions and privileges vested in him as a Police Officer shall be in abeyance, but he shall continue to be subject to the same responsibilities, discipline and penalties and to the same authorities as if
(1) The State Government shall, by general or special order notified in the Official Gazette, prescribe the uniform for the various ranks in the Police, the scale, monetary grants for purchase and maintenance and the protocol with respect to duties and the wearing of the uniform.
(2) The State Government shall, by general or special order notified in the Official Gazette, prescribe the badges of rank and other distinctive badges that may be worn with the uniform.
(3) The Director General of Police, subject to such orders of the Government, may issue general standing orders in this regard.
(1) When the Police force ordinarily employed in any area is not sufficient to deal with a situation threatening peace and security, the Superintendent of Police or any officer, specially empowered in this behalf by the State Government, in-charge of that area may, at any time by a written order issued under the hand and seal of such officer, appoint for a period as specified in the appointment order, any able-bodied and willing person between the age of 18 and 40 years, whom he considers fit, to be a Special Police Officer to assist the Police Service.
(2) Every Special Police Officer so appointed shall-
(1) Subject to the general or special directions of the State Government, the Superintendent of Police may, in consultation with the District Magistrate, appoint or depute additional Police officers comprising of such ranks or grades for the purpose prescribed by the State Government for such time and on such pay as the authority prescribed in that behalf may determine.
(2) Every Additional Police Officer upon such appointment shall-
(3) The deployment or deputation of such Additional Police Officer may be made at the request of any person requiring such Police, and the cost of such deployment shall be recovered by the District Magistr
(1) The Civil Police shall comprise of all personnel of Sikkim Police other than Armed Police, and the strength of the various cadres, the Criminal Investigation Department, State Intelligence Department and branches of the Civil Police shall be as prescribed by the State Government from time to time.
(2) Recruitment to the Civil Police shall be in accordance with the Rules notified by the State Government. The Director General of Police, subject to the provision of this Act, shall cause an annual recruitment to be conducted to all Group 'C vacancies in the Civil Police required to be filled by direct recruitment:
Provided that the quota for direct recruitment, in ranks to which direct recruitment is conducted, shall be so fixed by the State Government as to provide a fair balance between the different ranks and prospects for promotion to eligible and meritorious officers at each level.
(3) Every Civil Police officer on initial recruitment shall undergo inducti
The armament of the Civil Police shall be fixed with the approval of the State Government. Distribution of arms to districts will be fixed on the order of the Director General of Police, who by means of Standing Orders shall lay down the procedures to be followed for custody and care of arms, ammunition, stock of material for repair and maintenance, or the manner in which damaged and unserviceable weapons are to be disposed off, and procedure in case of loss of any weapon or ammunition.
(1) The Director General of Police with the approval of the State Government shall evolve and lay down a proper seniority-cum -merit criterion for promotion through a transparent process, for different ranks.
(2) The promotion of Civil Police officers should be linked with screening examinations and training, so as to ensure higher levels of professional competence and accountability.
(3) In order to provide a fast track for career progression to Police officers, at least 50 per cent of direct recruitment posts shall be earmarked for being filled up through promotion on the basis of seniority-cum-merit as per the laid down criteria.
(4) The Government shall endeavor to introduce a shift system in the Civil Police to ensure proper working hours consistent with efficiency in performance.
(5) The Director General of Police, with the approval of the State Government, shall try to outsource as many non-core Police functions as practicable, to enable Police Of
(1) (a) The Station House Officer shall assign work and control and supervise the functioning of the staff of the Police Station and Police Posts in his charge
(b) The Sub Divisional Police Officer shall generally control and supervise the Police Stations under his charge, and issue such directions as may be necessary to better achieve the objects of this Act.
(c) The District Superintendent of Police shall generally control and supervise the work of the Sub Divisional Police Officers and Police Stations and Police Posts in the district and issue such directions as may be necessary to better achieve the objects of this Act.
(d) The Range Deputy Inspector General of Police and the Inspector General of Police, Law and Order shall generally control and supervise the work of the districts and the Range to better achieve the objects of the Act.
(e) For other Civil Police units the Director General of Police may, by special standing order, prescribe the contro
(1) Every Civil Police Officer shall perform to the best of his ability, the functions required from him in relation to any duty or responsibility assigned to him, subject to the provisions of this Act, rules made there under and the general or special standing orders of the Director General of Police.
(2) Any non-performance or deficiency in the standard of performance shall make the Police officer liable for disciplinary action in accordance with the conduct and disciplinary rules prescribed by the State Government for the purpose.
(1) There may be provided for the State, such number of Mounted Police as may be determined by the State Government from time to time, for the purpose of patrols, crowd control and access to difficult areas.
(2) The Director-General of Police shall issue standing orders with regard to procurement, management, maintenance and training of the Mounted Police.
To assist the Civil Police promptly and efficiently in dealing with group protests and violent disturbances involving breaches of peace or law and order, and in disaster management functions, as well as to discharge such duties that require the presence of armed police, the State Government shall create appropriate number of Armed Police Battalions for the State, including provision of women units, of which appropriate manpower strengths may be deployed in the Police Districts depending upon the requirement.
(1) The Armed Police Battalions will be a State-level reserve, to be deployed under specific orders of the Director General of Police to aid and assist the Civil Police in dealing with virulent and widespread problems of public disorder or other forms of violence, needing deployment of Armed Police beyond the resources of the District Police or such other duties as may be proscribed.
(2) Units of the District Armed Reserve, once deployed in the districts, will function under the control, direction and supervision of the District Superintendent of Police, and shall be the armed wing of the District Police to deal with an emergent law and order problem or such other duties as may be prescribed. Units of the Armed Police Battalion deployed for important security functions shall also be subject to supervision of the head of the State Intelligence Department (and the officer designated as in-charge of Security) who may issue appropriate orders to the units through the Deputy Insp
(1) A Commandant, equivalent in rank to Superintendent of Police, shall head each Armed Police Battalion. The Commandant shall be assisted by a Deputy Commandant, equivalent in rank to Additional Superintendent of Police, who will also be the Second in-Command of the Battalion. Each Battalion shall be divided into appropriate number of Service Companies and a Headquarters Company, each of which will be headed by an Assistant Commandant, equivalent in rank to Deputy Superintendent of Police.
(2) The Armed Police Battalions set-up of the State shall be headed by an officer of or above the rank of Deputy Inspector General of Police, depending on the number of Battalions in the State, who shall be responsible for the administration, training, operations, preparedness and welfare of personnel of all the Armed Police units in the State, under the overall guidance and supervision of the Director General of Police.
(3) The duties of the head of the Armed Police Battalions set
(1) Direct recruitment to the Armed Police Battalions, other than in the ministerial and technical cadres, shall be limited to the rank of Constable only, and should as far as possible reflect adequate representation of all sections of society. Sub-Inspector and above rank in the Armed Police shall form a common cadre with the Civil Police.
(2) The educational qualifications, age limit and procedure for recruitment to the rank of Constable shall be as may be prescribed, and the recruitment shall be done by a Police Recruitment Committee. Subject to the provisions of this Act, the Director General of Police shall cause an annual recruitment to be conducted to fill all vacancies in the Battalions required to the filled by direct recruitment.
(1) Besides the initial training of recruits at the Police Training Centre or the State Armed Police Headquarters as may be determined by the State Government, it shall also be ensured that all ranks in these units undergo an annual refresher training programme by rotation, over and above specialized training in different skills as needed by different categories. To achieve this, each Battalion will have one full company earmarked as the Training Reserve' to provide for rotational training to all personnel.
(2) The annual refresher training course shall be mandatory, and ordinarily the personnel undergoing such training shall not be withdrawn for deployment on law and order or any other duty.
(3) The curricula for the initial as well as annual refresher training courses, besides physical skills and fitness, shall lay due emphasis on the knowledge of Constitutional and legal rights of the citizens as well as skills relating to individual and collective interaction with
Every Armed Police Officer on duty shall ensure the maintenance of peace and tranquility to the best of his ability and shall-
(1) The deployment of units and sub-units of the State Armed Police Battalions shall be restricted to only those situations where such deployment is considered absolutely necessary.
(2) The District Superintendent of Police shall carefully scrutinize each request for deployment of District Armed Reserve received from the field officers. Similarly, the Director General of Police shall closely scrutinize each request for the deployment of any force from the State Armed Police Battalions received from any District Superintendent of Police, Deputy Inspector General of Police of a Range, Inspector General of Police, Law and Order or any other field officer, before ordering such deployment. The scrutiny will include a realistic determination of the quantum of force required as also the duration for which the deployment is required.
(3) The deployment shall be made for a fixed period, as specified in the order, and unless the same is extended by a specific order, the force s
(1) The armament of the Armed Police shall be as fixed with the approval of the Government and shall be obtained in the manner prescribed. Distribution of arms to Battalion and District Armed Reserves will be fixed on the order of the Director General of Police, who by means of Standing Order shall lay down the procedure to be followed for custody and care of arms, ammunition, stock of material for the repairs and maintenance, and the manner in which damaged and unserviceable weapons are to be disposed off, and the procedure in case of loss of any weapon or ammunition.
(2) The adequacy of arms, equipment, mobility, communication etc. for each Battalion as well as the District Armed Reserve shall be assessed regularly on an annual basis by the officer heading the State Armed Police organization in consultation with the Commandants and the District Superintendent of Police concerned.
(1) It shall be the responsibility of the State Government to ensure an efficient, effective, responsive and accountable Police service for the entire State. For this purpose, the superintendence of the Police service throughout the State shall vest in and be exercised by the State Government in accordance with the provisions of this Act.
(2) The State Government shall exercise its superintendence over the Police service in such manner and to such extent so as to promote the professional efficiency of the Police and to ensure that the Police performance is at all times in accordance with the law. For this purpose, the State Government shall lay down policies and guidelines, setting standards for quality policing, facilitate their implementation and ensuring that the Police force performs its duties in a professional manner with functional autonomy.
(1) The State Government shall-
The State Government shall establish a State Police Board to facilitate the laying down of policies, evaluate performance and ensure the functional autonomy of State Police Service subject to the provisions of law. The State Police Board shall function in the manner provided in this Act. The Board shall meet as often as deemed necessary, but at least once in six months.
(1) The State Police Board shall have the following as its members namely-
(2) The composition of the Board shall reflect adequate gender and minority representation.
(3) No serving government employee shall be appointed as an Independent Member.
(4) Any vacancy in the State Police Board shall be f
Independent Members of the State Police Board shall be appointed on the recommendation of a Selection Panel, which shall consist of-
The Selection Panel shall evolve its own procedure to select Independent Members through a transparent process.
No person shall be appointed as an Independent Member of the State Police Board if he-
A person shall be appointed as an Independent Member for a period of three years. The same person shall not be appointed for more than two consecutive terms. A person appointed as an independent Member may resign his position by written communication addressed to the Chairman of the Board.
(1) An Independent Member may be removed from the State Police Board by a two-thirds majority of members of the Board on any of the following grounds, namely-
(2) In addition, an Independent Member shall be removed from the State Police Board if he incurs any of the grounds of ineligibility specified under Section 43.
(1) The State Police Board shall perform the following functions namely,-
(2) Till such time an appropriate law is m
(1) Non-official members would be entitled to such remuneration or allowances as may be notified by the State Government from time to time.
(2) The expenses on account of remuneration, allowances and travel in connection with official business of the State Police Board, in respect of the Independent Members of the Board shall be borne by the State Government.
(1) Notice for meetings of the Board shall be issued by the Member Secretary at least 15 (fifteen) days before each meeting. Members desirous of raising an item for discussion in the meeting shall send notice so as to reach the Member Secretary at least 7 (seven) days in advance and the item shall be taken up with the approval of the Chairman of the Board.
(2) All meetings shall be held at Gangtok unless the Board decides otherwise. A record of proceedings of the Board shall be maintained by the Member Secretary who shall cause them to be circulated within 15 (fifteen) days of each meeting.
(3) The quorum for a meeting of the Board shall be one-third of the filled-up members of the Board. In the absence of quorum, the meeting shall be adjourned to the same time on the next working day, and no quorum shall be required for such adjourned meeting.
(4) The Board may devise its own procedure for transaction of business in accordance with provisions of this Act.
(1) The Board shall, within three months after the end of each financial year, present to the State Government a report on its work during the preceding year as well on the evaluation of performance of the Police Service.
(2) The State Government shall cause such Annual Report to be laid before the earliest session of the State Legislature following its receipt from the Board, along with an action taken report.
(1) The administration of the Police throughout the State shall vest in the Director General of Police and in such Additional Directors General of Police, Inspectors General of Police, Deputy Inspectors General of Police and other officers, as may be appointed.
(2) The administration of Police in a district shall vest in the District Superintendent of Police.
(3) Administration means the management of the Police service subject to law, rules and regulations; and will include framing of regulations, supervising the functioning of the police at all levels, appointment to subordinate ranks of the Police service, deployment of the Police personnel, posting, transfer and the requisite disciplinary action up to and including the rank below that of Inspector of Police, and advising the Government on the placement of officers of the rank of Assistant/Deputy Superintendent of Police and above:
Provided that the State Government may intervene in the exercise of the admin
As Head of the State Police, it shall be the responsibility of the Director General of Police to: -
(1) There shall be a State Police Establishment Committee headed by the Director General of Police and comprising the heads of the Intelligence, CID, Law and Order and one other officer not below rank of Inspector General of Police nominated by the Director General of Police into the Committee. The Committee shall be responsible for: -
Provided that in respect of any transfer to from a district the committee shall take into account the recommendation of the concerned District Superintendent of Police and in case the recommendation is not accepted the committee shall record its reasons for not accepting the same;
Promotion to each rank in the Police Service shall be based on seniority cum merit, to be evaluated through the result of a qualifying examination and performance evaluation in respect of each officer. The Director General of Police shall, with the approval of the State Government, frame the evaluation criteria for each rank and category of Police personnel:
Provided that for the officers of the Indian Police Service such evaluation criteria shall be as framed by the Government of India.
(1) The State Government shall lay down a Training-cum- Education Policy covering all ranks and categories of Police personnel. This Policy shall ensure that all Police personnel are adequately trained to perform their job taking due care of proper attitudinal development, and shall be linked to career development scheme of police personnel in different ranks and categories.
(2) The policy shall also aim to promote a service culture of Police personnel acquiring appropriate educational and professional qualifications as they advance in their careers.
(1) The Director General of Police shall be responsible for submitting the budgetary requirements of the Police service as a whole to the State Government sufficiently in advance in the preceding financial year.
(2) The budgetary requirements shall be worked out on the basis of realistic needs of each branch, wing, unit and sub-unit of the police service, obtained from the unit officers concerned.
(3) The District Superintendents of Police shall take special care to ensure that the financial requirements of each Police Station in the Districts are worked out meticulously and adequately projected in the budgetary demand of the District.
(4) The budgetary allocation made by the legislature shall be placed at the disposal of the Director General of Police who shall be vested with powers to spend the amounts earmarked under each head of the budget as per the financial rules of the state and directions given by the state government from time to time.
The Director General of Police shall cause to be published each quarter a Police Gazette containing Departmental Orders, Notifications and Circulars relating to the Police for circulation within the Police organization, and may publish appropriate portions of the publication on the website of Police Department.
The role and functions of the Police shall broadly be :-
Every police officer shall-
(1) The primary duty for the role and functions of the Police under this Act shall, unless specified otherwise, be with the Police of the District concerned headed by the District Superintendent of Police:
Provided that the State Government may by general order create or designate special units at the State, District or Police Station level for investigation, traffic, Intelligence, Law and Order etc. and in such a case the responsibility for the discharge of the function shall be with such Unit.
(2) It shall be the duty of every Police officer posted to a State Unit or the District Police and any unit therein, to discharge the role and functions assigned, to the best of his ability by the proper exercise of the powers conferred upon him under this Act or any other law for the time being in force.
(3) Subject to the general or specific orders that may be made by the State Government in this behalf, the Director General of Police or the District Superintendent of
(1) The State Government may, by notification in the Official Gazette, declare any specified service to be an essential service to the community, for a specified period, which may be extended from time to time, by a notification, as may be deemed necessary.
(2) Upon a declaration being made under sub-section (1) and so long it remains in force, it shall be the duty of every Police Officer to obey lawful orders of his superior officers for the maintenance of the essential service.
A senior Police Officer may perform any duty assigned by law or by a lawful order to any officer subordinate to him, and may aid, supplement, supersede or prevent any action of the subordinate officer by his own action or that of any person lawfully acting under his command or authority, whenever the same shall appear necessary or expedient of giving more complete or convenient effect to the law or for avoiding any infringement thereof.
All persons shall be bound to comply with the reasonable and lawful directions given by a Police Officer in the discharge of his duties under this Act. Where any person resists, refuses or fails to comply with any such direction, a Police officer may, without prejudice to any other action he may take under any other provision of this Act or any other law for the time being in force, remove such person or arrest and produce him before the nearest Magistrate within a period of twenty four hours.
(1) A Police officer effecting arrest or detaining a person arrested in accordance with the Law shall,-
(1) No Police Officer shall withdraw himself from duties of his office unless expressly allowed to do by the competent authority.
(2) No Police officer shall resign his office unless he has given notice in writing to his superior officer of not less than one month, and it has been accepted as per the rules prescribed by the State Government for its employees.
(3) No Police officer shall engage in activity of any other office unless expressly permitted to do so in writing by the Director General of Police or an officer authorized by him.
Police Stations covering rural or town areas shall be so organized as to be reasonably self-sufficient in matters of accommodation, amenities as well as in communication facilities, transport and Police housing. Each Police Station will also be equipped with adequate facilities of forensic science and scientific aids to investigation.
Special attention shall be paid to the security of each Police Station, particularly in areas prone to violence or mass disturbances.
The jurisdictional area of a Police Station shall be divided into suitable number of Beats, each covering a cluster of villages or a specified town area, to be kept under the direct charge of a Constable, Head Constable or an Assistant Sub-Inspector (called Beat Officer) for maintaining regular and close contact with the villages under his charge.
The Station House Officer shall ensure that every village or town area in his jurisdiction is covered by a Beat Police Officer as per the minimum frequency prescribed by the Superintendent of Police by a general or special order.
The duties and responsibilities of the Beat Officer shall, inter-a lia, be-
(1) The Station House Officer shall visit every village under his jurisdiction, as per the minimum frequency prescribed by the Superintendent of Police through a general or special order, and shall interact with as many local residents as possible so as to assess the level of public satisfaction with the police.
(2) All supervisory officers including the Superintendents of Police shall regularly visit as many villages in their jurisdiction as possible. The purpose of such visits shall be to review the general state of crime, the law and order situation and the activities, if any, of violent and militant individuals or groups in the area and to interact with as many local residents as possible so as to assess the level of public satisfaction with the police.
(3) The Station House Officer shall cause to be maintained a Village Register, entering therein major crimes incidents or potential for crime in a village or town area based inter alia on the report of the Beat Off
The State Government may by notification provide for the establishment of a Village Guard for a village or cluster of villages to be enlisted by the District Superintendent of Police from amongst able-bodied persons of either gender, between the age of 21 and 60 years and with unimpeachable character and antecedents who are permanent residents of that village, possessing the ability to read and write in the local language, who have not been convicted by a Court of law or have not had charges framed against them by a Court of law in a criminal case, or dismissed, removed, discharged or compulsorily retired from any employment on grounds of corruption, moral turpitude or misconduct, and who are not active members of any political party, or organization allied to a political party or a militant outfit.
A person enlisted as Village Guard will normally have a tenure of three years, which may be renewed upon satisfactory performance. No renewal shall, however be granted to a person after he crosses the age of sixty years or who has served for three consecutive terms or who incurs any other condition of ineligibility specified in the foregoing section.
A Village Guard shall be removed from the assignment at any time during the currency of his enlistment if he incurs any condition of ineligibility stipulated in Section 71.
The Village Guard shall be a public servant as defined in the Indian Penal Code, 1860.
The Superintendent of Police shall ensure that every person, on his induction as a Village Guard, is administered a training course of a duration and as per the syllabus prescribed by the Director General of Police. Periodical refresher training shall also be organized for those who are re-enlisted as Village Guard, for each renewed term.
Every person enlisted as Village Guard shall take an oath or affirmation, as prescribed before the Station House Officer concerned.
Each Village Guard will be provided with an identification Badge and a reasonable monthly honorarium and due out-of-pocket expenses as prescribed by the District Superintendent of Police. The honorarium so fixed shall not be less than that paid to a Home Guard in the State.
Any person who for any reason ceases to be a Village Guard shall forthwith deliver up to the Superintendent of Police or to an officer authorized by him his Identification Badge and all records and documents maintained by him as the Village Guard.
The duties and responsibilities of the Village Guard shall include-
Wherever it appears, on the basis of information received, that there is likelihood of violence or major crime or damage to property in any area, the Superintendent of Police, in consultation with the District Magistrate, may direct organization of a group of local respectable persons for each village or cluster of villages or town for the purpose of carrying out preventive patrolling, promoting crime reduction measures and generally assisting the Police in their functioning. The group will be called the Village/Town Defence Party and may not normally consist of more than 15 members, with provision for having more than one Village/Town Defence Party if the size and population of the village or cluster of villages so require. The composition of the Party shall reflect the diversity of local population including adequate gender representation.
Members will be inducted into the Village/Town Defence Parties by the Superintendent of Police in consultation with the Community Liaison Group from amongst able-bodied persons, and with good character and antecedents, who are permanent residents of that village or town, who have not been convicted by a Court of law or have not had charges framed against them by a Court of law in a criminal case, or dismissed, removed, discharged or compulsorily retired from any employment on grounds of moral turpitude, corruption or misconduct, or are not connected with any political party or any allied organization thereof. The Superintendent of Police shall appoint one member as leader of the party based on his experience and leadership qualities, and may replace a member or the leader in case his work or conduct is not satisfactory.
A Village/Town Defence Party shall be organized for a period not exceeding 30 days. Provided that the period may be extended for a further period of 30 days by the Superintendent of Police in consultation with the District Magistrate, for reasons to be recorded in writing.
In the event of any complaint against Village/Town Defence Party or its members, the Superintendent of Police will take appropriate action, including, if necessary, removal of the concerned members.
Membership of the Village/Town Defence Party shall be voluntary and honorary. The District Superintendent of Police will make arrangements for the training of the members of Village/Town Defence Party, if deemed necessary.
Members of the Village/Town Defence Party shall wear the identification badge issued by the District Superintendent of Police if considered necessary by him.
Any person who for any reason ceases to be a member of a Village/Town Defence Party shall forthwith deliver, to the Superintendent of Police or to an office authorized by him, his identification Badge and all records and documents maintained by him as a member of the Town Defence Party.
The District Superintendent of Police in consultation with the District Magistrate shall constitute a Community Liaison Group for each Police Station, comprising respectable local residents of the area with unimpeachable character and antecedents, including retired public servants and heads of teaching institutions if any, as representatives of the community, to generally advise the Police in their functioning. The Community Liaison Group shall have a fair representation of gender, and all other segments and professions of the society in villages falling in the Police Station area. The Community Liaison Group shall have two representatives nominated by each Panchayat Samiti in the jurisdiction of the concerned Police Station from amongst its members:
Provided that no person convicted by a Court of law or against whom charges have been framed by a Court of law in a criminal case, or dismissed, removed, discharged or compulsorily retired from any employment on grounds of corru
The Community Liaison Group will identify the existing and emerging policing needs of the area, which will be taken into consideration by the Station House Officer while preparing the annual policing strategy and action plan for his jurisdiction for submission to the District Superintendent of Police. The Community Liaison Group shall perform such other functions as prescribed. It will meet as frequently as necessary, and at least once in each quarter of a year. The meetings of the Community Liaison Group shall be attended by the Sub-Divisional Magistrate and Sub-Divisional Police Officer as well as the Station House Officer. The meetings shall be open to the public.
While planning for any major development activity including development of new colonies, the concerned agency shall consult the Director General of Police to assess the likely impact of the proposed developmental activity, on the safety and security needs of the citizens or any other policing requirements, and the suggestions based on such assessment shall be given due consideration in finalizing the plan.
(1) The Director General of Police shall, with the approval of the State Government, draw up an Internal Security Scheme for the entire State as well as for each of the districts and major urban areas to deal with problems of Public Order and Security of State, as specific to the area and shall place it before the State Police Board for its approval. Review of Internal Security Scheme.
(2) The internal Security Schemes so formulated shall be reviewed and revised as necessary once in two years, and more frequently if required.
District level Internal Security Scheme shall be prepared by the District Superintendent of Police and sent to the Director General of Police along with the endorsement and suggestions of the District Magistrate.
(1) The Internal Security Schemes will, as far as possible, cover all major problems the area is prone to or which can otherwise be anticipated in the whole or any part thereof. In preparing the Schemes, the Director General of Police shall give special attention to likely disturbance of public order arising out of non-implementation of developmental programmes in the backward and not-so-easily-accessible areas.
(2) The Schemes will provide that officers deploying the Police to deal with situations of conflict between communities, classes, castes and political groups shall ensure that its composition, as far as possible, reflects social diversity of the area including adequate representation of weaker sections and minorities.
The Internal Security Scheme shall, inter a lia, cover the role of the Police with regard to the security of any establishment or installation relating to critical infrastructure if any located in the area.
(1) Any organization, while taking up any activity or programme which is otherwise unobjectionable but may have the potential for disturbing law and order may inform the Police, and thereupon, the Police shall take such measures as deemed necessary to deal with the situation.
(2) While preparing the Internal Security Scheme under Section 90, the Police shall take into consideration the contingencies of special law and order problems, and security requirements that may arise in such situations.
The Internal Security Schemes will incorporate regularly updated and comprehensive Standard Operating Procedures for the action to be taken by the Police, independently or in coordination with other concerned agencies in the period preceding, during, and in the aftermath of problems of each kind.
A report of commission of a crime shall be entered in the records of the Police Station forthwith in accordance with the law in such manner and on such format as may be prescribed by the Government by rules or by the Director General of Police through Standing Orders.
The State Government shall in the Police Stations of such crime-prone areas or urban areas as it may consider necessary, by order separate the investigation of crime from law and order and other Police functions by creating a Special Crime Investigation Unit (CIU), headed by an officer not below the rank of Sub-Inspector of Police, with appropriate strength of officers and staff, for the investigation of economic and heinous crimes.
The officers posted in Crime Investigation Units will be selected on the basis of their aptitude, competence and integrity. Their professional skills will be upgraded, from time to time, through specialized training in investigative techniques, particularly in the application of scientific aids to investigation and forensic science techniques.
Officers posted to Crime Investigation Units will have a reasonable tenure, and will be rotated to law and order and other assignments.
(1) The officers posted to the Crime Investigation Units will investigate crimes such as murder, kidnapping, rape, dacoity, robbery, dowry-related offences, serious cases of cheating, misappropriation and other economic offences as notified by the Director General of Police, besides any other cases specially entrusted to the Unit by the District Superintendent of Police.
(2) All other crimes will be investigated by other Police Officers posted in such Police Stations.
Necessary legal and forensic assistance will be made available to investigating officers during visit to the scene of crime and during investigation.
The investigation of cases taken up by the Crime Investigation Unit personnel, over and above the supervision of the Station House Officer concerned, will be supervised by an officer not below the rank of Deputy Superintendent of Police, who will report directly to the District Superintendent of Police.
(1) The Criminal Investigation Department (CID) of the State shall take up investigation of offences of a more serious nature or those that may have inter-state or inter-district ramifications, and other complex crimes, including economic crimes as notified by the State Government from time to time and as may be specifically entrusted to it by the Director General of Police in public interest.
(2) The Director General of Police may entrust the Criminal Investigation Department with the investigation of any case registered with any Police Station in the State in case special investigation is expeditiously required, or it is necessary to do so to maintain public credibility in the investigative process.
The Criminal Investigation Department will have specialized units for investigation of cyber crime, organized crime, homicide cases, economic offences, crime relating to women, and any other category of offences, as notified by the State Government and which require specialized investigative skills.
The officers posted to the Criminal Investigation Department will be selected on the basis of their aptitude, professional competence, experience and integrity. They will undergo appropriate training upon induction, and their knowledge and skills will be upgraded from time to time through appropriate refresher and specialized courses.
The Criminal Investigation Department will be provided with an appropriate number of law officers, crime analysts, technical experts, specialists etc. to guide, advise and assist the investigating officers in the Police Stations or the CID.
The Criminal Investigation Department shall be provided with adequate staff and funds. The head of this Department and the State Intelligence Department will be vested with the financial powers and privileges of a Head of the Department.
The Criminal Investigation Department shall be equipped with adequate facilities of scientific aids to investigation and forensic science including qualified and trained manpower, in accordance with the guidelines if any issued in this regard by the Directorate of Forensic Science or the Bureau of Police Research and Development of the Government of India.
(1) The head of the Criminal Investigation Department shall cause to be prepared, within 6 (six) months from the commencement of this Act, a comprehensive Investigation Manual specifying detailed operating procedures for investigation of serious crimes and other crimes, procedure for collection of samples for forensic analysis by the CID and Police Station level CIUs and investigating officers. The Manual along with recommendations of the Director General of Police shall be placed before the State Police Board for its approval within 9 months of the commencement of this Act.
(2) The Criminal Investigation Department shall publish a periodical Criminal Investigation Gazette/Crime Review, giving information regarding crime, arrests, wanted persons, warnings etc., in such form and with such content as the Director General of Police may direct from time to time. The Gazette shall be widely circulated, and published on the website of the Police Department.
(1) The State CID shall maintain databank of all indices important for crime investigation, crime prevention and tracing of lost and missing persons and property, and shall administer the State Crime Records Bureau and District Crime Record Bureau for the purpose.
(2) The CID shall maintain adequate linkages with District Superintendents of Police and with the National Crime Records Bureau for data updating and exchange.
(3) The CID shall have a Finger Print Bureau to be headed by an officer of appropriate rank. The Bureau shall maintain computerized, searchable databanks of finger prints, including those collected in the course of investigation by the Bureau or by the District Police. The State Finger Print Bureau shall coordinate activities with similar agencies in other States and Government of India. The Finger Print Bureau shall provide training to investigating officers of the District Police and develop standard operating procedure for lifting, developing and m
The State Government shall evolve a Training-cum -Education Policy for the Police in accordance with the provisions of this Act, keeping in view the current and anticipated requirements of policing. The policy will, as far as possible, take into account any guidelines in respect of Police training as may be issued by the Union and the State Government from time to time. The training policy shall aim at achieving the objectives of imparting knowledge in Police subjects, developing professional skills inculcating the right attitudes, and promoting Constitutional and ethical values among Police personnel.
The training policy shall ensure that Police personnel are adequately trained to efficiently perform their job. Successful participation in appropriate training programmes shall be linked as far as possible, to the promotion of Police personnel of different ranks, and to their posting to different assignments in a structured manner, as notified by the State Government from time to time.
In evolving the training policy, optimum advantage shall be taken of the methodologies of distance learning, outsourcing and on the job training.
The State Government shall create and upgrade from time to time, the infrastructure and capabilities of training institutions in consonance with the holistic training needs of Police personnel of different ranks, which shall include, besides all types of specialized training, a compulsory refresher training course of appropriate duration for all ranks periodically. For this purpose the State Government may also create a suitable centre with the requisite infrastructure in the districts or in the Armed Police Battalions.
The State Government shall ensure that full advantage is taken of the training facilities available in central and regional police training institutions, to adequately train Police personnel of the State in specialized professional subjects, and to train the trainers of the State Police training institutions.
In upgrading their training infrastructure as well as the content and methodologies of training courses, the training institutions shall take maximum advantage of the standards and practices evolved or guidelines issued by organizations such as the Bureau of Police Research and Development of Government of India, and the National Police Academy.
For an objective periodical evaluation of the training policy of the State and its implementation, the State Police may utilize the available assistance of organizations such as the Bureau of Police Research and Development of Government of India.
The State Government may establish a State Bureau of Police Research and Development with provision for appropriate staff, funds and other resources to regularly undertake research and analysis on all such subjects and issues which may lead to improvement in the standards of Police functioning and performance. The State Government may also sponsor, in other reputed organizations and institutions, special studies and research in subjects having relevance to policing.
The State Government may also take appropriate measures to harness developing technology for scientific and technical assistance in the investigation and detection of crime, and other policing tasks.
The tasks of the State Bureau of Police Research and Development, when constituted, shall include :-
Subject to any rules and regulations made in this regard by the State Government the Director General of Police shall make rules, regulations or issue orders, not inconsistent with this Act or with any other enactment for the time being in force, in respect of the following, amongst others, for-
No Police officer shall join or be a member of any association or participate in the activities of such association which has an objective, or which aims at collective negotiation, on matters relating to the Police service.
(1) Subject to the provisions of Article 311 of the Constitution and the rules and regulations made under this Act, an officer of the rank of Superintendent of Police or above may award any of the following punishment to a police officer of a rank for which he is the appointing authority-
(2) Any Police officer of the rank of Superintendent of Police or above, subject to the rules made in this behalf, may award any of the following punishments to any Group 'C' Police officer under his official control-
(3) An Assist
(1) A Police officer of or above the rank of Superintendent of Police may place a Police officer of the rank of Inspector of Police or below subordinate to him, under suspension-
(2) Every order of suspension passed under this section shall be in writing giving briefly the reasons.
(3) Where an officer is placed under suspension, whether in connection with a disciplinary proceeding or otherwise, and another disciplinary proceeding is ordered against him during the currency of that suspension, the authority
A Police officer shall, in addition to any other delinquent act or behaviour as specified in the relevant rules, be liable for disciplinary action for any of the following misconduct, namely:-
(1) An appeal against any order of punishment passed against an officer under this Act or any rules made there under, shall lie:
(2) No appeal shall lie after a period of 45 (forty-five) days of passing the order of punishment:
Provided that the State Government or the Director General of Police may relax the period within which the appeal should be filed for just and sufficient reasons to be recorded in writing.
The State Government shall frame the classification, control and appeals rules for Police personnel, which will, among other things, ensure timely disposal of disciplinary proceedings.
(1) Every Police Officer not on leave or under suspension shall, for all purposes of this Act, be considered to be always on duty and may at any time be deployed in any part of the State.
(2) Notwithstanding the grant of compensatory benefits in lieu of holidays or weekly off or for service beyond office working hours the appropriate Police authorities and the State Government shall ensure that all Police personnel get reasonable number of holidays and time offs.
No Police Officer shall abdicate his duties or withdraw himself from his place of posting or deployment without proper authorization.
Explanation: An officer who, being absent on authorized leave fails without reasonable cause to report for duty at the expiration of such leave, shall be deemed within the meaning of this section to withdraw himself from the duties of his office.
No Police Officer shall engage in any employment or office of profit whatsoever, other than his duties under this Act unless expressly permitted to do so in writing by the Central or State Government in case of Indian Police Service and State Police Service officers respectively, and the Director General of Police in every other case.
In addition to the existing mechanisms, functions, duties and responsibilities of the departmental authorities, accountability of the Police shall be further ensured through the additional mechanism detailed in this chapter.
The State Government shall establish a Police Accountability Commission (hereinafter referred to as "the Commission") consisting of a Chairperson, Members and such other staff as may be necessary, to enquire into public complaints supported by sworn statement against the Police officers for serious misconduct and perform such other functions stipulated in this Chapter:
The Commission shall have three members with a credible record of integrity and commitment to human rights and shall consist of-
Provided that at least one member shall be woman and not more than one member shall be a retired Police officer.
(1) The Chairperson of the Commission shall be appointed from a panel of retired High Court Judges, received from the Chief Justice of the High Court of Sikkim.
(2) Members of the Commission, other than the Chairperson, shall be appointed on the recommendation of the selection panel constituted under this Act for the appointment of the independent members of the State Police Board.
(3) Vacancies in the Commission shall be filled up as soon as practicable and in no case later than three months after a seat has fallen vacant.
(4) In selecting members of the Commission the Panel shall adopt a transparent process.
A person shall be ineligible to be member of the Commission, if he -
(1) The term of office of the Chairperson shall be 5 (five) years, and that of a member three years, unless-
(2) The Chairperson and Members shall be eligible for reappointment on the expiry of term.
(3) The remuneration, allowances and other terms and conditions of service of the members shall be as notified by the State Government from time to time.
The Chairperson or any Member of the Commission may be removed from office on the recommendation of the State Police Board, by an order of the State Government on the grounds of-
(1) Members of the Commission shall be assisted by adequate staff with requisite skills, for efficient discharge of the functions of the Commission.
(2) The strength of the staff, their remuneration and conditions of service shall be as prescribed by the State Government, keeping in view the size of the State, its population and the average number of complaints against the Police, the additional functions entrusted to the Commission, and shall be periodically reviewed and revised.
(3) The subordinate staff shall be selected by the Commission inter alia, on a contractual basis, through a transparent process.
(4) The remuneration and other terms and conditions of service of the staff shall be prescribed from time to time.
The Commission shall devise its own rules for the conduct of its business.
(1) The Commission shall inquire into allegations of "serious misconduct" against police personnel, as detailed below, either suo motu or on a complaint received from any of the following-
Explanation : "serious misconduct" for the purpose of this chapter shall mean any act or omission of a Police officer that leads to or amounts to-
Provided that the Commission shall inquire into a complaint of such arrest or detention, only if it is satisfied prima facie about the veracity of the complaint.
(2) The Commission may also inqu
(1) In the cases directly enquired by it, the Commission shall have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1905 and in particular in respect of the following matters-
(2) The Commission shall have the power to require any person subject to legal privilege, to furnish information on such points or matters as, in the opinion of the Commission, maybe 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 me
No statement made by a person in the course of giving evidence before the Commission shall subject that person to a civil or criminal proceeding or be used against him in such proceeding, except a prosecution for giving false evidence:
Provided that the statement-
Provided further that on conclusion of the inquiry into a complaint of 'serious misconduct' against the Police personnel, if the Commission is satisfied that the complaint was vexatious, frivolous or mal
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