Amendment status not verified — confirm the current text below against the official source.
In the event of any component of the Police Service serving in any other State, whether independently or by being attached to the Police Service of that other State, every member of the said component, while discharging the duties of a police personnel in that other State, shall continue to be subject to the same laws in respect of discipline as would have been applicable to him, if he had been discharging those duties within the State. CHAPTER-VIII POLICE ACCOUNTABILITY Penalty. Deployment of a member of Police Service beyond the State. Extension of disciplinary laws of State to member of Service when serving outside the State. 1[54. (1) The State Government shall by notification in the Official Gazette, constitute a State Police Complaints Authority for the State of Punjab and the Divisional Police Complaints Authority for each, or a group of districts or police commissionerate, to exercise the powers and perform the functions conferred upon, or assigned to the State Authority and the Divisional Authority under this Act. (2) The State Police Complaints Authority shall consist of the following who shall be appointed by the State Government, by notification in the Official Gazette,- (i) a Chairperson, who is or a retired Civil Services Officer not below the rank of Chief Secretary of the State Government or a Secretary to the Government of India or a retired Director General of Police of the State Government; (ii) two members from amongst the following:- (a) a civil service officer who has retired from a post not below the rank of Principal Secretary to the State Government; or (b) a police officer who has retired from a post not below the rank of Additional Director General of Police of the State Government; or (c) persons belonging to the State of Punjab with repute and contribution in the field of academia, socialwork, public affairs or law: Provided that the State Police Complaints Authority shall have at least one woman as a member in case the Chairperson is not a woman. (3) The Divisional Police Complaints Authority shall consist of the following who shall be appointed by the State Government, by 1Substituted by Punjab Act No. 22 of 2014, Section 2 Constitution of the State Police Complaints Authority and the Divisional Police Complaints Authority. notification in the Official Gazette and shall have the jurisdiction in the area as specified by the State Government,- (a) a Chairperson, who was a civil service officer retired from a post not below the rank of Secretary to the State Government or a police officer who has retired from a post not below the rank of Deputy Inspector General of Police of the State Government; (b) two members from amongst the following:- (i) a police officer who has retired from a post not below the rank of Senior Superintendent of Police of the State Government; or (ii) Persons belonging to the State of Punjab with repute and contribution in the field of academia, social work, public affairs or law: Provided that the Divisional Police Complaints Authority shall have at least one woman as a member in case the Chairperson is not a woman. 54-A. A person appointed as Chairperson or Member of the State Police Complaints Authority or Divisional Police Complaints Authority shall hold office for a term of three years from the date on which he enters upon his office or till he attains the age of seventy years whichever is earlier. 54-B. A person shall be eligible to be appointed as Chairperson or Member of the State Police Complaints Authority or the Divisional Police Complaints Authority if he- (a) is a citizen of India; (b) is not holding an office of profit under the Central or State Government; Term of office of the Chairperson and the Members. Eligibility of Chairperson and Members. (c) does not hold any elected office, including that of a Member of Parliament or of a Member of State Legislature or of any local body under the Government; (d) is not a member of or is associated in any manner with, an organization declared unlawful under any law; (e) has not been convicted for any criminal offence involving moral turpitude; or for any other criminal offence; (f) is not facing prosecution for any offence mentioned in clause (e) and against whom charges have not been framed by a court of law; and (g) is not of an unsound mind. 54-C. (1) The Chairperson or any Member of the State Police Complaints Authority or the Divisional Police Complaints Authority may, by notice in writing under his hand addressed to the State Government, resign from his office. (2) The State Government may remove the Chairperson or any Member, on the following grounds, if he- (i) is adjudged an insolvent; or (ii) has been convicted by a criminal court at any time for an offence which, in the opinion of the State Government, involves moral turpitude; or (iii) is persistently negligent to perform his duties; or (iv) has acquired such financial or other interest which is likely to affect prejudicially his functions as a Chairperson or a Member; or (v) is in a situation that would make him ineligible for appointment as per the conditions of eligibility given in section 54-B: Resignation and removal of Chairperson and Members. Provided that the State Government may remove the Chairperson or any Member of the State Police Complaints Authority or the Divisional Police Complaints Authority for any other reasons to be recorded in writing. 54-D. The State Police Complaints Authority shall inquire into allegations of "serious misconduct" against police officers of the rank of Senior Superintendent of Police/Deputy Commissioner of Police and above, by taking cognizance on receipt of a complaint from a victim or any person duly authorized on his behalf through a self-attested declaration. 54-E. The Divisional Police Complaints Authority shall inquire into the allegations of 'serious misconduct' against police personnel of, and below, the rank of Superintendent of Police/Assistant Commissioner of Police on a complaint received from a victim or any person, duly authorized on his behalf, through a self-attested declaration. Explanation: -"Serious misconduct', for the purpose of sections 54-D and 54-E, shall mean any act or omission on the part of a police officer that leads to or amounts to- (a) grievous hurt in police custody; (b) illegal detention; (c) extortion; (d) land/house grabbing; (e) sexual harassment; and (f) any complaint referred by the State Government: Provided that the State Police Complaints Authority or the Divisional Police Complaints Authority shall not inquire into any matter which is already being inquired by National Human Rights Functions of State Police Complaints Authority. Functions of the Divisional Police Complaints Authority. Commission or State Human Rights Commission, or any other body duly constituted under any law for the time being in force: Provided further that the State Police Complaints Authority or the Divisional Police Complaints Authority shall not inquire into any complaint pertaining to any matter older than a year: Provided further that no anonymous, synonymous, pseudonymous and non-specific complaints) shall be entertained by the State Police Complaints Authority or the Divisional Police Complaints Authority. 54-F. The State Police Complaints Authority shall make rules for the conduct of its business, and that of the Divisional Police Complaints Authorities, with the approval of the State Government. 54-G. The remuneration and allowances payable to, and other terms and conditions of service of, the Chairperson and Members of the State Police Complaints Authority and the Divisional Police Complaints Authority shall be such as may be prescribed: Provided that the remuneration and allowances, other terms and conditions of the Chairperson, or a Member of the State Police Complaints Authority and the Divisional Police Complaints Authority, shall not be varied to his disadvantage after his appointment. 54-H. (1) For the purpose of making an inquiry referred to insections54-D and 54-E, the State Police Complaints Authority and the Divisional Police Complaints Authority shall be vested with powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) and, in particular, in respect of the following matters, namely:- (i) summoning and enforcing the attendance of any person and examining him on oath; (ii) discovery and production of any document; Rules for conduct of business. Remuneration, allowances and terms and conditions of service of Chairperson and members. Powers of the Authority. (iii) receiving any public record or copy thereof from any court or office; and (iv) issuing summons for the examination of witnesses or documents. (2) The State Police Complaints Authority or the Divisional Police Complaints Authority, as the case may be, before finalizing its opinion, shall give the head of the State Police or head of the district police, as the case may be, an opportunity to present the department's views and additional facts, if any. (3) The State Police Complaints Authority or the Divisional Police Complaints Authority, as the case may be, shall, upon completion of the inquiry, communicate its findings and recommendations to the State Government. (4) The State Government shall consider the findings and recommendations of the State Police Complaints Authority and the Divisional Police Complaints Authority for taking appropriate action. 54-I. Each Divisional Police Complaints Authority, shall prepare and submit to the State Police Complaints Authority, an annual report for the last calendar year before the 31st of January of the succeeding year. The State Police Complaints Authority shall compile a report, by clubbing all the reports submitted to it by the Divisional Police Complaints Authority along with its own report, and shall submit it to the State Government. The annual report submitted to the State Government shall be laid as soon as may be, after its submission, before the House of the State Legislature while it is in session, for a period of fourteen days, which may be comprised in one session or in two or more successive sessions.] Annual Reports. CHAPTER-IX WELFARE AND GRIEVANCE REDRESSAL MECHANISM FOR POLICE PERSONNEL