Section 2

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In this Act, unless the context otherwise requires- (a) "Act "means the Uttarakhand Police Act, 2007; (b) "Cattle" means and includes cows, buffaloes, elephants, camels, horse 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 such and in charge of a Revenue Division, notified under the U.P. Land Revenue Act, 1901 (As amended from time to time and as applicable to the State of Uttarakhand) (g) "Domestic Help" means a person working for remuneration or otherwise performing domestic chores in a household; (h) "Insurgency" means and includes waging of armed struggle, by a group or a section of population, against the State, which includes the separation of a part from the territory of India; (i) "Internal Security" means preservation of Sovereignty and Integrity of the State from disruptive and anti-national forces within the State; (j) "Militant Activities" means and includes any violent activity of a group, using explosives, inflammable substances, firearms or other lethal weapons or hazardous substances, in order to achieve its political objectives; ------------- (k) "Moral turpitude" means involvement in any crime, which among other things, either pertains to cheating; forgery, drugs, intoxication, offending the modesty of a woman. or any offence against the State as mentioned in Chapter VI of the Indian Penal Code (Central Act 45 of 1860); (l) "Organized crime" means and includes any crime, committed by a group or a network of persons, in pursuance of its common intention of unlawful gain, by using violent means or threat of violence; (m) "Place of public amusement and public entertainment" means and includes such places, as may be notified by the State Government; (n) "Police District" means the territorial area, notified by the government for this purpose; (o) "The boundary of the Police District" means the territorial area of the Revenue District, excluding the Revenue Police Area; (p) "Police Officer" means any officer, belonging to the Indian Police Service, Uttarakhand Police Service or Uttarakhand Police Subordinate Service and includes any other service, constituted under this Act. (q) 1{'Police Personnel" means such police officers and all other persons, for whom the Appointing Authority is the State Government or Director General of Police or any officer subordinate of the Director General of Police;} (r) "Prescribed" means prescribed under this Act; (s) "Public place" means any place, to which the public have access an includes - (i) a public building, monument and precincts thereof; and (ii) any place, accessible to the public for drawing water, washing or bathing or for purposes of recreation; (t) "Regulation" means regulations made under this Act; (u) "Revenue Police Area" means the area, existing as such or to be notified as a Revenue Police Area; (v) "Revenue Police System" means the system of Policing, existing in Revenue Police ·Area; (w) 'Rules'' means rules, made under this Act; (x) "Service" means the Police Service, constituted under this Act; (y) "Subordinate Rank" means all ranks, below the rank of Assistant or Deputy Superintendent of Police; (z) "Superintendent of Police" means the police officer in charge of a Police District and shall include police officers of equivalent rank; (za) "Terrorist activity" means and includes any activity of a person or a group, using explosives or inflammable substances or firearms or other lethal weapons or noxious gases or other chemicals or any other substance of a hazardous nature with the aim to strike terror in the society or any section thereof, and with an intent to overawe the Government, established by law; (zb) "Victim" means a victim of crime who, individually or collectively, have suffered criminal harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, and includes acts or omissions that are in violation of laws operative within Uttarakhand; -------------------------------- 1-Subs. by section 2 of UK Act no 27 of 2018. (zc) "Witness" means a person - (1) who has made a statement, or who has given or agreed to give evidence in relation to the commission of any offences, as may be prescribed; (2) relation or associate to a person, referred to in clause (a) above, may require protection or other assistance under this Act; or (3) for any other reason, may require protection or other assistance under this Act. NOTE:- Words and expressions used in this Act, but not defined specifically, shall have the same meaning as provided in the Code of Criminal Procedure, 1973 and the Indian Penal Code, 1860. CHAPTER II CONSTITUTION AND ORGANIZATION OF THE POLICE FORCE Constitution of the Police Force for the State 3- (1) There shall be a Police Force for the State. (2) The Police Force shall consist of such ranks and members and have such organizations, 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. Police Ranges 4- (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. Police District 5- 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. District level Special Cells 6- 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. Police Stations 7- (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. Revenue Police Areas 8- Under the Revenue Police System, such area of any District shall fall as the Government determines time to time. Railway Police 9- (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. State Intelligence Department 10- The State Government may, by a general or special order, create a State Intelligence Department for collection, collation, analysis and dissemination of intelligence. State Crime Investigation Department 11- 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. Specialized Police Units 12- Notwithstanding anything contained in this Act, or any other law for the time being in force - (1) The State Government may, by a general or special order, create Specialized Police Force and may also determine the number, functions and responsibilities of such Police Force. (2) A specialized Police Force may comprise of such administrative structure and hierarchy, as may be prescribed. (3) The duties, responsibilities, powers, and privileges of a Specialized 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 Specialized Police Force at any time. District Armed Reserves and State Armed Police Batta- lions 13- 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. Special Police Officers 14- 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. Police Train- ing Institutions 15- (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. Bureau of Police Research and 16- (1) The State Government may establish a Bureau of Police Research and Development for undertaking research into matters, relating to police and Development crime. (2) The administration and working conditions of the Bureau may be such as may be prescribed. Technical and Support Forces 17- 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. Legal Advisor and Financial Controller 18- 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. CHAPTER III ADMINISTRATION OF THE POLICE FORCE Superintendence over the Police Force 19- Notwithstanding anything contained in any law, the State Government shall exercise power of superintendence over the Police Force in respect of all matters. Director General of Police 20- (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 State Government may remove the Director General of Police from his/her post before the expiry of the tenure, by a written orders specifying reasons, on the following grounds --- (i) on conviction by a court of law in a criminal offence or where charges have been framed by a court in a case involving corruption or moral turpitude; or (ii) on becoming incapable to perform his/her functions as the Director General of Police due to physical or mental illness; or (iii) on promotion or transfer to a higher or similar post under the Central or any other State Government; or (iv) on his/her own request. (5) In exceptional cases, the Director General of Police may be removed from his post by the State Government before the expiry of his/her tenure, for gross inefficiency and negligence, where a prima facie case of a serious nature has been established after a preliminary enquiry. Administration of police 21- Subject to the approval of the State Government, the Director General of Police shall make regulations or issue orders, not inconsistent with this Act and with any other law for the time being in force for - (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 wherewithal's 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 perform their respective powers and duties, (i) regulating the collection and communication of intelligence and information by the police, (j) prescribing the records, registers and forms to be maintained and the returns to be submitted by different police units and officers and generally, for the purpose of rendering the police more efficient, preventing abuse of power and neglect of duties by them. Disciplinary Proceedings 22- 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. Disciplinary Penalties 23- (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- (a) fine not exceeding one month's salary, (b) reprimand or censure. (3) A Deputy Superintendent of Police or any officer of equivalent rank may award the punishment of reprimand or censure, to a Police Inspector or Sub- Inspector of Police or an officer below its rank. (4) Any officer of and above the rank of Inspector may award minor punishments to Constables and Head Constables. (5) Any punishment, mentioned in sub-section (1),(2),(3) or (4) above, awarded to an officer, will not affect his liability for prosecution for any criminal offence, committed by him in the same transaction, for which departmental action has led to the award of punishment to him for any transgression of departmental rules. Suspension 24- 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. Misconduct 25- 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) unauthorized malingering or absence from duty; (e) act of cowardice; (f) misuse of right; or (g) any other act, unbecoming of an officer. Appeals against orders of punishment 26- 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. Administration of Police in Railway Areas 27- (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 Police Station in that Police District. While exercising such powers, he shall be deemed to be an Officer-in-Charge of that Police Station, discharging the functions of such officer within the limits of his Police Station. (5) Subject to any general or special orders, which the State Government may pass in this behalf, such police officers shall in the discharge of their functions, be vested within every part of the state, with the powers and privileges and be subjected to the liabilities of police officers under this Act or any other law for the time being in force. (6) The Superintendent of Police may, with the previous permission of the State Government, delegate any of the powers and functions conferred on him by or under this Act, to an Assistant or Deputy Superintendent of Police. Term of office of key police functionaries 28- (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 a court of law for a criminal offence; or (d) on becoming incapable due to any physical or mental illness or otherwise becoming unable to discharge his functions and duties; or (e) for filling up a vacancy; or (f) on his own request; or (g) in the public interest. (2) In exceptional cases, an officer may be removed from his post by the competent Authority for-gross inefficiency or negligence, where a prima facie case of a serious nature has been established after a preliminary enquiry. CHAPTER IV STATE POLICE BOARD AND POLICE ESTABLISHMENT COMMITTEE State Police Board 29- 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. Composition of the Board 30- 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 or any other field, to be appointed on the recommendation of the Selection Panel, constituted under this Act.--------- Member (g) One police officer, belonging to the State cadre of Indian Police Service, not below the rank of Additional Director General of Police, to be nominated by the State Government, as its Secretary. Composition of the panel for selection of Independent Members 31- 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. Grounds of ineligibility for Independent Members 32- 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. Term and privileges of Independent Members 33- 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. Removal of Independent Member 34- (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 infirmity; 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 any of the grounds of ineligibility, specified in this Chapter. (3) The State Government shall state in writing the grounds for such removal. Functions of the State police Board 35- The State Police Board shall perform 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- (i) performance indicators, as identified and laid down by the State Police Board itself; (ii) resources available with, and constraints of the police; (5) suggest policy guidelines for gathering information and statistics related to police work; and (6) suggest ways and means to improve the efficiency, effectiveness, accountability, and responsiveness of the police. Expenses of the State Police Board 36- 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. Annual report of the State Police Board 37- 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. Police Establishment Committee 38- (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 of Additional Superintendent of Police and above; (e) prescribe guidelines and instructions for transfer of subordinate officers from one Police District to another; and (f) analyse and redress the grievances of the police personnel and wherever necessary, suggest remedial measures to the State Government. (3) The State Government may, in such matters as it may deem fit, for reasons to be recorded in writing, alter or amend the decisions of the Committee. CHAPTER V ROLE FUNCTIONS AND DUTIES OF THE POLICE Role functions and duties of the police