Bare ActsThe Haryana Police Act, 2007 (25 of 2008)

Section 18

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

(1) The State Government shall establish a Police Training Academy at the State Level and as many Police Training Colleges and Police Training Schools as deemed necessary for ensuring efficient post-induction training of all directly recruited police personnel in various ranks, pre-promotion training for all those promoted to higher levels and such other general and specialized in-service training courses for police personnel of different ranks and categories as may be required from time to time. (2) The State Government shall also provide for appointment, by rules, of appropriate number of officers from the police service, or paramilitary forces or armed forces or other professional organizations, in such Police Training Academy, College and School, after careful selection having due regard to aptitude, academic qualifications, professional competence, experience and integrity. The State Government shall evolve a scheme of monetary and other incentives to attract and retain the best of the available talent in the service to the faculties of such training institutions. (3) No police officer shall be deployed on duty without undergoing and passing any basic training as may be prescribed. No Police Officer shall be promoted to any higher rank without undergoing and passing pre-promotion training as may be prescribed. Oath or affirmation by 19. Every member of the police service enrolled under this Act shall, on appoint- Police personnel. ment and completion of training, make and subscribe before the Superintendent of Police of a district or Commissioner, as the case may be, or another officer appointed in that behalf by him, as the case may be, an oath or affirmation, as may be prescribed. Certificate of 20. (1) Every police officer of or below the rank of Inspector shall on appointment appointment. receive and insignia and a certificate in the form as may be prescribed. The certificate shall be issued under the hand and seal of such officer as the State Government may by general or special order direct. (2) The certificate of appointment shall become null and void, and the insignia shall be deemed to be withdrawn whenever the person named therein ceases to belong to the service or shall remain inoperative during the period such person is suspended from the service. Special Police Officers. 21. (1) The Superintendent of Police of a district or any officer, specially em- powered in this behalf by the State Government, 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, educated and willing person between the age of 18 and 50 years, whom he considers fit to be a Special Police Officer to assist the service. (2) Every special police officer so appointed - (a) shall on appointment, undergo prescribed training and thereafter receive a certificate in a form approved by the State Government in this behalf; (b) shall have the same powers, privileges and immunities and be liable to the same duties and responsibilities and be subject to the same authorities as an ordinary police officer; (c) shall be honorary. However the State Government, may be special order, prescribe the honorarium to be paid to such special police officers; (d) who refuses to act as a special police officer or neglects his duties, shall be liable on conviction by a court to a fine of minimum of one thousand rupees. Rank structure in civil 22. The service shall have such ranks and posts as may be prescribed or as may and armed police. be notified by the State Government. The recruitment, training, posting, deputation, promotion, code of conduct, discipline, punishment and appeal and other service conditions of various ranks of service shall be as per rules. District Armed Reserves 23. To assist the civil police in enforcement of law and maintenance of order or in and State Armed Police Battalions. situations of likely breach of peace and in disaster management functions, in escort of prisoners, as well as 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 appropriate number of Armed Police Battalions for the State. The constitution, recruitment, training, deployment and administration of such reserves and Battalions shall be as per rules made under this Act. Chapter III Superintendence and Administration of Police Superintendence of 24. The Superintendence of State Police shall vest in and be exercised by the State Police to vest in State Government State Government in accordance with the provisions of this Act, and any other law for other law for the time being in force. State Police Board. 25. The State Government shall, within three months of the coming into for of this Act, establish a State Police Board to exercise the functions assigned to it under the provisions of this Chapter. Composition of Board. 26. (1) The State Police Board shall consist of following members: (a) the Chief Minister as its Chairperson; (b) the Home Minister as Vice-Chairperson; (c) the Leader of the Opposition in the State Assembly; (d) a retired High Court Judge or Advocate General, Haryana; (e) the Chief Secretary; (f) the Secretary in charge of the Home Department; (g) the Director General of Police as its Member- Secretary; (h) three non-political persons (hereinafter referred as 'Independent Members') of high integrity, expertise and competence in administration, law enforcement and security related matters shall be nominated by the State Government. Out of these, one shall be the retired officer of Indian Administrative Service and one retired Indian Police Service Officer. The third member shall be nominated by the State Government from the field of public service, legal profession or social organizations with at least fifteen years experience in that field. Note:- The Independent Members shall be honorary members. (2) No Serving Government employee shall be appointed as an Independent Member. (3) Any vacancy in the State Police Board shall be filled up as soon as practicable after the seat has fallen vacant: Provided that if there is no Home Minister then the Chief Minister may nominate any other Minister as the Vice-Chairperson. Eligibility of 27. The person to be appointed as Independent Member of the State Police Board Independent Members. Shall-- (a) be a citizen of India; (b) be at least a graduate of a recognized university; (c) have not been convicted by a court of law or against whom charges have been framed in a court of law; (d) not have been dismissed or removed from service or compulsory retired on the ground of corruption or misconduct; and (e) not be of unsound mind. Term of office of 28. Independent Members. Removal of 29. Independent Members. Functions of 30. State Police Board. Expenses of 31. State Police Board. 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. (1) An Independent Member may be removed from the State Police Board by the State Government on any of the following grounds- (a) proven incompetence; or (b) proven misbehavior; or (c) incapacitation by reasons of physical or mental infirmity or otherwise becoming unable to discharge his functions as a member. (2) In addition to the grounds mentioned in sub-section (1), an Independent Member shall be removed from the State Police Board if he incurs any of the grounds of ineligibility specified under section 27. The State Police Board shall perform the following functions namely:- (a) aid and advise the State Government in discharge of its functions and responsibilities under this Act; (b) frame broad policy guidelines for promoting efficient, effective, responsive and accountable policing in accordance with the law; and (c) review and evaluate organizational performance of the service in the State. The expenses on account of allowances and travel of the Independent Member shall be borne by the State Government in the manner as may be prescribed. Administration 32. (1) The administrator of the State Police throughout the State shall be vested in the of State Police. Director General of Police and in such Additional Directors General, Inspector General, Deputy Inspectors General of Police and other police officers as may be appointed under this Act. (2) The administration of police in a district shall vest in the Superintendent of Police of a district: Provided that the State Government may intervene in the exercise of the powers of administration by the Director General of Police, or any other authorized officer only in accordance with the prescribed rules, regulations or in exceptional circumstances involving urgent public interest. Powers and 33. As the head of the service, it shall be the responsibility of the Director General of responsibilities of Director General of Police to — Police. (a) make operational the policies and any action plans approved by the State Government; and (b) administer, control and supervise the service to ensure its efficiency, effectiveness, responsiveness and accountability. Police Establish- 34. (1) The State Government may constitute a police establishment committee ment Committee. (hereinafter referred to as the, "establishment committee") with the Director General of Police as its Chairperson and two other senior officers not below the rank of Inspector General of Police posted within the police organization of the State as members for administrative matters. (2) The establishment committee may prepare an action plan for improving the infrastructure facilities, professionalism, general discipline in the service, moderanisation, training, welfare of the police personnel and any other work assigned by the State Government. Chapter IV Policing in the context of public order and internal security challenges Internal Security Scheme. Updating standard operating procedure. Creation of Special Security Zone.

Section 18 – The Haryana Police Act, 2007 (25 of 2008) | DailyLaw.ai