Bare ActsThe Assam Police Act, 2007

Section 82

Amendment status not verified — confirm the current text below against the official source.

In the cases directly inquired by the Commission, it may, upon completion of the inquiry, communicate its findings to the Director General of Police of the State and the State Government with a direction to: (a) register a First Information Report; and/or (b) initiate departmental action based on such findings, duly forwarding the evidence collected by it to the Police. Such directions of the Commission shall be binding: Provided that the Commission, before finalizing its own opinion in all such cases shall give the Director General of Police of the State an opportunity to present the Department's view and additional facts, if any, not already la the notice of the Commission: Provided further that, in such cases, the Commission may review its findings upon receipt of additional information from the Director General o f Police o f the State that may have a material hearing on the case. Reports o f the Commission S3. (1) The Commission shall prepare an annual report at the end of each calendar year, inter alia, containing,- (a) the number and type of cases of “serious misconduct” inquired into by it; (b) the number and type of cases of “misconduct” referred to it by the complainants upon being dissatisfied by the departmental inquiry into bis complaint; (c) the number and type of’ cases including those referred to in (b) above in which advice or direction was issued by it to the police for further action; (d) the number of complaints received by the District Accountability Authorities, and the manner in which they were dealt with; (e) the identifiable patterns of misconduct on the part of police personnel in the State; and (f) recommendations on measures to enhance police accountability. THE ASSAM...GAZETTE, EXTRAORDINARY. AUGUST 31. 2007 1899 (2 ) (3) District 8 4 .( 1 ) Accountability Authority (2) (3) (4 ) The annual report of the Commission shall be laid before the State Legislature and shall be a public document, made easily accessible to the public. The Commission may also prepare special reports with respect to specify cases directly inquired into by it. These reports shall also be made easily accessible to the public. The State Government may establish in each Police Districts or a group of districts in a police range, a District Police Accountability Authority to enquire into cases of complaints of serious misconduct against police personnels, as defined in sub­ section (1) of section 78 . The District Accountability Authority shall have one Chairperson and three Members with a credible record of integrity and commitment to human rights and shall be selected from amongst retired persons with judicial experience in the rank of District Judge or person having legal background having experience and qualification to be appointed as District Judge, a retired senior police officer, a retired senior civil servant and an eminent person from civil society. The chairperson and other members of the District Accountability Authority will be appointed by the Government. Condition of ineligibility, terms of office . terms and conditions of service, and condition of removal from office for the Chairperson and members of the District Accountability Authority will be same as provided in respect of Police Accountability Commission under chapter VIII . Functions of District Accountability Authority.

Section 82 – The Assam Police Act, 2007 | DailyLaw.ai