Section 39

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

(1) The indicative role and functions of the police, as per the rules made by the Government from time to time, may broadly constitute the following - (a) to uphold and enforce the law impartially, and to protect life, liberty, property, human rights, and dignity of the members of the public; (b) to assist in maintaining law and order; (c) to protect internal security, to prevent and control terrorist activities, breaches of communal harmony, militant activities and other situations affecting internal security; (d) to protect public properties including roads, railways, bridges installations and establishment etc, against acts of vandalism or any kind of attack; (e) to prevent crimes, and reduce the opportunities for the commission of crimes through their own preventive actions and measures as well as by assisting and cooperating with other relevant agencies in implementing due measures for prevention of crimes; (f) to accurately register all complaints, brought to them by a complainant, or his representative, in person or received by post, e-mail or other means, and take prompt follow-up action thereon, after duly acknowledging the receipt of the complaint; (g) to register and investigate all cognizable offences coming to their notice through such complaints or otherwise, duly supplying a copy of the First Information Report to the complainant, and where appropriate, apprehend the offenders and conduct investigations as per law; (h) to create and maintain a feeling of security in the community and, as far as possible, prevent conflicts and promote amity; (i) to provide all possible help to people in situations, arising out of natural or man-made disasters, and provide active assistance to other agencies in relief and rehabilitation measures; (j) to help the individuals, who are in danger of physical harm to their person or property, and to provide necessary help and afford relief to people in distressed situations; (k) to facilitate orderly movement of people and vehicles and to control and regulate traffic on roads and highways; (l) to collect intelligence reports, relating to matters affecting public peace, and all kinds of crimes, including social offences and other matters relating to national security and disseminate the same to all such agencies as may be prescribed, besides acting on it themselves. (m) to perform all such other duties and discharge such responsibilities, as may be enjoined on that by the State Government or an Authority, empowered to issue such directions under any law for the time being in force; (n) to keep and display, in the Police Station, a record of habitual offenders and persons involved in organized crime; (o) to maintain, updated record of habitual offenders and persons involved in organized crime, at the District and State level. (2) A police officer shall take charge, as a police officer on duty, of at un-claimed properties and shall take action for their safe custody and disposal in accordance with the provisions of Section 46. Functions in Revenue police Area 40- Not withstanding anything contained in this Act, it shall be lawful for the police force and armed police units to investigate and to render such assistance, as may be required in the Revenue Police Area, in the scientific investigations of crimes and regulation of crowd and relief, rescue operations and such other arrangements, as the District Magistrate may direct in exceptional circumstances through the Superintendent of Police of the District. Senior Police officer perfor- ming duties of a subordinate officer 41- A senior police officer may perform any duty assigned by law or by a lawful order to any officer subordinate to him. He/She may assist, supplement, supersede or prevent any action of the subordinate by his own action or that of any person lawfully acting under his command or Authority, whenever the same may appear necessary or expedient for comprehensively enforcing the law or for avoiding any infringement thereof; Police officers always on duty 42- Every police officer shall, for the purposes of this Act, be considered to be always on duty, and may, at any time, be employed as a police officer in any and may be employed in any part of the State part- of the State or outside it. Police officer not to engage in other employment 43- No police officer shall engage himself in an employment or office whatsoever, other than his duties under this Act, unless expressly permitted to do so in writing by the State Government. Police officer not to with- draw from duty etc. 44- No police officer shall withdraw himself from duties of his office. Police officers may lay Infor- mation etc. 45- It shall be the duty of any police officer to lay any information before a Judicial Magistrate, having jurisdiction and to apply for summons, warrant, search warrant or such other legal process, as may be, by law, issued against any person, committing an offence. Police officers to take charge of unclaimed property not being a case property 46- It shall be the duty of every police officer to take charge of all unclaimed moveable property and to furnish an inventory thereof to the Superintendent of Police, who shall be competent for the disposal of the same in the manner prescribed and shall keep the concerned court, having competent jurisdiction, fully informed in this regard. Police officers to keep diary 47- It shall be the duty of every officer in charge of a Police Station to keep a general diary in such form and manner as may, from time to time, be prescribed. State Govern- ment may prescribe form of returns 48- The State Government may direct the submission of returns by the Director General of Police and other officers, as the State Government may deem proper, and may prescribe the forms, in which such return are to be prepared. Uniforms, insignia, acco- uterments etc 49- (1) The State Government may prescribe uniform, insignia and accoutrements for police officers, or as the case may be, police officers of any class. (2) The Director General of Police may, from time to time, issue directions for wearing of uniforms and carrying of insignia and accoutrements: CHAPTER VI SPECIAL PROVISIONS FOR POLICING Special Crime Investigation Units 50- (1) The State Government may create, for Police Districts or Police Stations, a Special Crime Investigation Units, headed by an officer not below the rank of Sub- Inspector of Police and may also specify the offences to be investigated by such units. (2) The police officers posted to such units shall not be diverted to any other duty, except under very special circumstances, with the written permission of the Director General of Police. (3) The Special Crime Investigation Units may also investigate other offences, as may be specified by general or special order of Director General of Police. Power to reserve public places and erect barriers and regulate the use of 51- (1) Subject to such inquiry and restrictions ,as may be specified by the State Government or any officer authorized for the purpose, the Superintendent of Police may, by public notice, temporarily, reserve, for any public purpose, any street or other public place and prohibit the public from entering the area so reserved, except on such conditions as may be specified. music and other sound systems in public places (2) The Superintendent of Police may authorize any police officer:- (a) to erect barriers and other necessary structures on public roads and streets, required for maintenance of law and order. (b) to check vehicles or occupants thereof, for violation of any law. (3) The District Superintendent of Police or any officer, not below the rank of Assistant /Deputy Superintendent of Police, may regulate the time and the volume of music and other sound systems, which are being used in connection with any performance and other activities in or near any street or public place causing annoyance to the residents of the neighborhood. Maintenance of Law and Order 52- (1) In respect of a Police District, the Superintendent of Police, in concurrence with the District Magistrate, may issue general or special orders in such manner, as may be prescribed, in respect of the following - (a) Regulating places of public amusement and public entertainment and, if necessary in the interest of general public, prohibiting any such places of public amusement and public entertainment for ensuring the safety and well-being of persons, likely to be affected; (b) Regulating the entry or exit at any place of public amusement, public entertainment, or at any place of public meeting or assembly and providing for the maintenance of public peace and prevention of disturbance at such places; (c) Regulating all assemblies and processions on any public road, street or thoroughfare and lay down the route, by which and the time, at which such a procession may pass; (d) It shall be the duty of any person intending to organize a procession on any road or street or thoroughfare or to convene a public meeting at any public place, to inform the District Magistrate, the District Superintendent ·of Police, and the Officer in-charge of the concerned Police Station; (e) If any of the officers, mentioned in clause (d) above, has reason to believe, or on receipt of information and upon being satisfied has reason believe that such an assembly or procession, if allowed without due control and regulation, is likely to cause a breach of peace, he may prescribe necessary conditions, including provisions for satisfactory regulatory arrangements. On those conditions alone, the assembly or the procession may be taken out. In special circumstances and for reasons to be recorded in writing, such assembly or procession may be prohibited in public interest. (f) Any assembly or procession, which neglects or refuses to obey any order issued under clause (e) above, shall be deemed to be an "unlawful assembly" under Chapter VIII of the Indian Penal Code, 1860. (2) However, in exceptional and unavoidable circumstance, the officer-in-charge of the Police Station shall take action in matters referred to in sub-section (1), with the concurrence of the concerned Executive Magistrate. (3) The Superintendent of Police may, by an order published in prominent local newspapers, require every owner of a household, a shop, or a public premise to furnish details of a tenant or domestic help in the specified format. (4) The District Superintendent of Police may levy such service charges, as may be prescribed, on a person, who, for any monetary gain, conducts any business, organizes any Function, Exhibition, Sale, Entertainment etc., which requires deployment of extra Police force for the purpose of the safety of general public or maintaining public peace and law and order. Regulation of Traffic 53- Superintendent of Police may, time to time, issue directions for regulating the use of public road and street in respect of motorists, cyclists, pedestrians and persons, accompanying animals, and for parking of vehicles including bicycles, with a view to ensuring smooth and orderly movement of traffic. Witness Protection 54- (1) The State Government shall, as soon as may be, frame Rules for Witness Protection as a measure of Human Rights protection. (2) The State Government or an officer, authorized by the State Government may apply to the Court, having jurisdiction, for declaring a witness as a protected witness under such terms and such conditions, as may be prescribed. (3) The measures for protecting such witness may include, inter alia:- (a) Making necessary arrangements: (i) allowing the witness to establish a new identity; or (ii) providing arrangements to protect and provide security to the witness and his family; (b) relocating the witness; (c) providing accommodation for the witness; (d) providing transport for the property of the witness; (e) providing reasonable financial assistance to the witness; (f) permitting any person, involved in the administration of the witness protection programme, to use an assumed name in carrying out his or her duties and for documentation in support of those assumed names; (g) taking any of the steps listed in clauses (a) to (f), in respect of a foreign witness, present in Uttarakhand, pursuant to an agreement or arrangement between India and a foreign State, relating to witness protection; (h) any other action, which the State Government considers necessary, to ensure the safety of the witness. (4) The State Government may pass such orders, as deemed necessary, to remove any difficulty in the operation of this section. Victim Rehabilitation 55- (1) The State Government may prescribe appropriate measure for the safety, protection and assistance for a victim from the accused. (2) The State Government may pass such other orders, as deemed necessary, to remove any difficulty in the operation of this section. Enlistment of Village Guards in Rural Areas 56- (1) Each village or group of villages in a Police District shall have one Village Guard, enlisted by the Superintendent of Police for such tenure, as prescribed in accordance with the Rules, prescribed in this behalf. (2) A person of sound health, in the age group of 30 to 60 years, residing in the village or the group of villages concerned, shall be eligible for enlistment as Village Guard, in the order of preference laid down below - (a) Ex- Serviceman/Para military personnel (b) Home Guard volunteers /Pranteya Rakshak Dal (P.R.D), (c) A sports person, who has represented a District at the State level; and (d) Any other person. (3) No person having any of the disqualifications laid down below, shall be enlisted, if - (a) he has been convicted for an offence involving moral turpitude; (b) a case involving a criminal charge, is either under trial or is under investigation against him. (4) The tenure of a person, enlisted as village Guard, shall be 3 years. That tenure may be extended or renewed by the District Superintendent of Police : Provided that a village Guard, during the tenure of his enlistment, may be removed from his guardship, if he incurs any' of the disqualifications, specified in sub-section (3) or if he is found neglecting his duties and responsibilities as a village Guard. Village Guard to be Honorary Worker 57- (1) Village Guard shall be an honorary worker and shall be deemed to be a Public Servant, as defined in the Indian Penal Code, 1860 (Act No. 45 of 1860) (2) He may be paid such honorarium and pocket expenses, as determined by the State Government from time to time. Identification of Village Guard 58- (1) Each Village Guard in the Police District may be provided with an Identification Badge, Uniform and a Photo Identify Card, by the Superintendent of Police or an officer authorized by him. (2) Any person, who ceases to be such a Village Guard, shall, forthwith, deliver to the Superintendent of Police or to an officer authorized by him, his, Identification Badge, Uniform, Photo Identity Card and all records and documents, maintained by him as Village Guard. Duties and Responsibilities of Village Guard 59- The duties and responsibilities of a village Guard shall be as follows, namely- (1) Reporting the occurrence of any crime or law and order situation in the village, at the earliest, to the police station and assisting the police in bringing the offenders to book; (2) Maintaining a general vigil in the village from the point of view of prevention of crime or prevention of a law and order problem and promptly informing the police station about the same; (3) Remaining alert and sensitive to any information about any suspicious activity, movement of suspicious persons or development of any conspiracy in the village, that is likely to lead to a crime or breach of law and order, and promptly passing on such information to the police station; (4) Assisting any citizen, in arresting or handing over to the Police Station, any person or persons under section 43 of the Code of Criminal Procedure, 1973 along with the arms, ammunition, property or any objectionable or suspicious object, if any, seized from him, without delay. In case the arrested person is a woman, the male Village Guard shall be accompanied by a woman; (5) Security and preserving the scene of any crime, till the arrival of the police and duly ensuring that it is not disturbed by curious onlookers or anyone else; (6) Meeting the in-charge of the Police Station at such periodical intervals, as prescribed by the Superintendent of Police through a general or special order, to report on such activities and incidents in the villages, as would have a bearing on crime, law and order and other policing concerns; (7) Maintaining the prescribed records and registers; (8) Recording any public grievances or complaints in relation to policing, and liaising with the village Panchayat, on matters relating to crime and law and order in the village; and (9) Performing such other general duties, as the District Magistrate or the Superintendent of Police may direct. Village Defence Team 60- The Superintendent of Police may, wherever required, organize a group of local respectable persons for any village, to form a Village Defence Team, for carrying out preventive patrolling, promoting crime reduction measures and generally, assisting the police in their functioning in the manner prescribed. Community Liaison Group 61- (1) The District Superintendent of Police shall, in the prescribed manner constitute one or more Community Liaison Groups out of the representatives of the community, in every Police Station, to assist the police force in discharging their duties. (2) Such Community Liaison Group (s) shall perform such functions and shall have such responsibilities, as may be prescribed. CHAPTER VII POLICE ADMINISTRATION IN THE CONTEXT OF PUBLIC ORDER AND INTERNAL SECURITY Internal security Schemes 62- (1) The Director General of Police shall, with the approval of the State Government, form an Internal Security Scheme to deal with the problems of Public order and security of the entire State. The Internal Security Schemes for the District shall be prepared jointly by the concerned District Magistrate and Superintendent of Police. (2) The Internal Security Schemes shall be reviewed and revised as necessary at least once in three years, provided that the work of revision may be completed before the expiry of three years from the date of preceding review/ revision. (3) The Internal Security Schemes shall, inter alia, cover the role of the civil administration and the police with regard to the security of any establishment or installation, relating to important infrastructure, if any, located in the area. (4) While preparing the Internal Security Schemes, the Director General of Police, the District Magistrates and the Superintendents of Police, as the case may be, shall take into consideration the contingencies of specific law and order problems and security requirements that may arise in such situations. (5) The Internal Security Schemes shall incorporate, regularly updated and comprehensive Standard Operating Procedures for the action to be taken by the civil administration and the police and other State Government Departments. --------- CHAPTER VIII POLICE ACCOUNTABILITY Additional 63- In addition to the existing mechanisms, functions, duties and responsibilities of the departmental authorities, accountability of the police shall be further mechanism for police accountability insured through the additional mechanism detailed in this chapter. 1{State and District Police complaints Authority 64- (1) The State Government shall constitute a State Police Complaint Authority, (hereinafter referred to as the ‘Authority') for discharge the functions given in section 71, consisting of a Chairperson and maximum four other Members. (2) (a) In view to the prevalent revenue police provision and regular police provision in the State for the District of the Kumauon region a District Complaint Authority shall be constituted. The jurisdiction of this Authority shall be all the districts of the Kumaun region means Nainital, Uddhamsingh Nagar, Almora, Bagehswar, Champawat and Pithoragarh. (b) In the said continuation for the districts of the Garhwal region a District Complaint Authority in Dehradun for the district Dehradun shall be constituted. The jurisdiction of this Authority shall be all the districts of the Garhwal region means Dehradun, Haridwar, Pouri, Chamoli, Rudrapryag, Tehri and Uttarkashi.} 2{Compositio n of the State Police Complaint Authority 65- The State Police Complaint Authority shall have one Chairperson and maximum four other Members.} 3{Compositio n of the District Police Complaint Authority 65.A The District Police Complaint Authority shall have one Chairperson and two other Members.} ------------------------ 1-Subs. by section 3 of UK Act no.27 of 2018. 2- Subs. by section 4(i) of UK Act no. 27 of 2018. 3- Ins. by section 4(ii) of UK Act no. 27 of 2018. 1{Ineligibility for member- ship of the State/District Police 66- (1) A person shall not be eligible to be a member of the State/District Police Complaint Authority, if he/she- (a) is not a citizen of India; Complaint Authority (b) is above 70 years of age; (c) is serving in any police, military or allied organization; (d) is employed as a public servant; (e) holds any elected office, which include Member of Parliament or Member of State Legislature or of any Local Body; (f) is a member of, or is associated, in any manner, with an organization, declared as unlawful under an existing law; (g) is an office bearer or a member of any political party; (h) has been convicted for any offence or against whom charges have been framed by any court of law; or (i) is a person of unsound mind and has been so declared by a competent court. (2) Appointment: (a) The Chairperson of the State Police Complaint Authority shall be retired judge of the Hon’ble Supreme Court / Hon’ble High Court. The appointment of the Chairperson of the State Police Complaint Authority may be made by the State Government only amongst from the panel of retired judges suggested by the Hon’ble Chief Justice of the High Court. (b) The appointment of the members of the State Police Complaint Authority shall be made by the State Government from the panel of the names prepared by the State Human Right Commission / Lokayukta/ State Public Service Commission and the panel of names for the selection of members of State Human Right Commission/ Lokayukta/ State Public Service Commission shall be prepared from amongst the retired civil servants/ police officers/ retired officers of other department and civil society. (3) (a) The retired District Judge shall be appointed as the Chairperson of the District Police Complaint Authority and the appointment of Chairperson of District Police Complaint Authority may be made by the State Government, amongst from the panel of names suggested by the Chief Justice of Hon’ble High Court or justice of Hon’ble High Court nominated by him; (b) The appointment of the members of the District Police Complaint Authority shall be made by the State Government, amongst from the panel of the names prepared by the State Human Rights Commission/ Lokayukta / State Public Service Commission and the panel of names for the selection of members of State Human Rights Commission / Lokayukta/ State Public Service Commission may be prepared from amongst the retired civil servants/ police officers/ retired officers of other departments and civil society.} ------------------------ 1-Subs. by section 5 of UK Act no.27 of 2018. 1{Term of office and conditions of service of Chairperson 67- (1) The term of office of a member and the Chairperson shall be three years unless-- (a) he resigns at any time before the expiry of his term; or and Members of the State and District Police Complaint Authority} (b) he is removed from the office on any of the grounds, mentioned under section 68. (2) The Chairperson and the members shall be eligible for reappointment. (3) The remuneration, allowances and other terms and conditions of service of the members shall be such, as may be notified by the State Government from time to time. 2{ Removal of Chairperson and Members of the State and District Police Complaint Authority 68- The Chairperson or any member of the State and District Police Complaint Authority may be removed from his office by an order of the Governor on the following grounds- (a) Proven misconduct or misbehavior; (b) Persistent negligence to perform duties of the Authority; (c) Occurrence of any such situation, that would make a member ineligible for appointment to the Authority under sub-section (1) of Section 66; or (d) Any member engaging himself, during his term of office, in any paid employment outside the duties of his office.} 3{Staff of the State and District Police Complaint Authority} 69- (1) The State Government shall provide staff to the members of the Authority. (2) The strength of the staff shall be prescribed by the State Government. (3) The staff shall be selected by the Authority in accordance with the procedure, prescribed by the Government. (4) The remuneration and other terms and conditions of service of the staff shall be a notified from time to time by the State Government. (5) {For field inquiries in the State/District Police Complaint Authority, the retired officers may be attached as per necessity from the CID/ Intelligence / vigilance and other inquiry Agencies.}4 Conduct of business 70- 5{The State Police Complaint Authority shall frame rules for the conduct of business on its own for itself and for District Police Complaint Authority with the approval of the Government.} --------------------------------- 1-Subs. by section 6 of UK Act no.27 of 2018. 2-Subs. by section 7 of UK Act no.27 of 2018. 3-Subs. by section 8(i) of UK Act no.27 of 2018. 4-Ins. by section 8(ii) of UK Act no.27 of 2018. 3-Subs. by section 9 of UK Act no.27 of 2018. 1{Functions of the State/ District Police Complaint 71- (1) (a) The State Police Complaint Authority shall inquire into the complaints against the police officers of the Additional Police Superintendent and higher status to them. Authority (b) The Authority shall forward the complaint of misconduct received directly by it to the Home Department of the State Government for further proceeding; Provided that no cognizance shall be taken in anonymous complaints. (c) The Authority may inquire into allegations of “serious misconduct" against police personnel, on a complaint received by it. Explanation: "Serious misconduct" for the purpose of this Chapter, means any act of a police officer, due to which charges may be framed for the following:- (a) death in police custody; (b) grievous hurt, as defined under Section 320 of the Indian Penal Code, 1860; (c) rape or attempt to commit rape; (d) arrest or detention without due process of law; (e) violation of human rights; or (f) Corruption. (d) The Authority may also inquire into any other case, referred to it by the State Government or the Director General of Police if, in the opinion of the Authority, the nature of the case is fit for independent inquiry. (e) The Authority may monitor the status of departmental inquiries or departmental action on the complaints of "misconduct" against gazetted officers, through quarterly reports, obtained periodically from the Director General of Police, and may give appropriate advice to the State Government for completion of action in such cases. (f) The Authority may also call for a report from the Director General of Police and may issue appropriate advice for further action or a direction for a fresh inquiry by another officer, when a complainant, on being dissatisfied by the outcome of, or inordinate delay in the process of departmental inquiry into his complaint of "misconduct" as defined above, by any police officer, brings- such matter to the notice of the Authority. (g) The Authority may suggest general guidelines for the State Police to prevent misconduct on the part of police personnel’s. (2) Functions of the District Police Complaint Authority : (a) The District Police Complaint Authority shall proceed on the complaint against the police officers of the Deputy Superintendent of Police and lower status police officers / personnel’s. (b) The District Police Complaint Authority shall enquire and shall recommend departmental /criminal proceeding in the matter of serious misconduct which is death in police custody, grievous hurt or cases of rape and in addition to it forcefully recovery by the police personnel’s, the illegal possession on the lands and buildings etc. and other serious incidents which shows misuse of the post.} --------------------------------------------- 1-Subs. by section 10 of UK Act no.27 of 2018. 1{Powers of the State and District Police Complaint 72- (1) The State and District Police Complaint Authority 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 Authority, may be useful for, or relevant to, the subject matter of the inquiry and any person so required, shall Authority be deemed to be legally bound to furnish such information within the meaning of Section 176 and 177 of the Indian Penal Code, 1860. (2) The State and District Police Complaint Authority, for discharging its duties under this Chapter, shall have the power of a Civil Court. (3) In the cases enquired directly by it, the State and District Police Complaint Authority may, upon the completion of the enquiry, communicate its finding to the State Government and recommend suitable action. The recommendations regarding the disciplinary proceeding against any misconduct police personnel by the aforesaid constituted State/ District Police Complaint Authority, it shall be binding on the State Government by means in continuation of recommendation made by the said authorities to initiate proceeding against the misconduct police personnel according to the principle of natural justice by giving sufficient opportunity of being heard by giving notice according law, the proceeding shall be execute by the State Government. If the recommendation made for disciplinary action against of any misconduct police personnel by the State Police Complaint Authority then in such condition it may be challenged by the concerning misconduct personnel in the appropriate court according to the constitutional rights conferred him by the Constitution of India.} 2{Reports of the State /District Police Complaint Authority } 73- {(1) The State Police Complaint Authority shall prepare an annual report at the end of each calendar year, inter alia, containing the following, with such other things - (a) the number and type of cases of "serious misconduct", which have been inquired into by it; (b) the number and type of cases of "serious misconduct", which have been referred to it by the complainants upon being dissatisfied by the departmental inquiry into his 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 patterns of 'misconduct' committed by the police personnel in the State, which has been identified; and (e) recommendations relating to measures to enhance police accountability.}3 (2) The annual report of the Authority shall be laid before the State Assembly. The report shall be a public document, which shall be accessible to the public. (3) The Authority may also prepare special report with respect to specific cases, directly inquired into by it. These reports shall also be made accessible to the Public. --------------------------------- 1-Subs. by section 11 of UK Act no.27 of 2018. 2-Subs. by section 12(i) of UK Act no.27 of 2018. 3-Subs. by section 12(ii) of UK Act no.27 of 2018. Rights of the Complainant 74- (1) Any person may lodge his complaint, relating to any "misconduct" or "serious misconduct" on the part of police personnel, with the 1{related Authority}; Provided that no complaint shall be entertained by the 1{related Authority}, if the subject matter of the complaint is being examined by any other Authority or any court established by law, (2) In cases, where a person has lodged a complaint with the police authorities, he may inform the Authority, at any stage of the departmental inquiry, about any undue delay in the processing of the inquiry, (3) The complainant shall have a right to be informed of the progress of the inquiry, from time to time, by the Inquiring Authority (the concerned police Authority or the Authority), Upon completion of inquiry or departmental proceeding, the complainant shall, as soon as may be, informed of the conclusions of the same. Protection of action taken in good faith 75- No suit or other legal proceeding shall lie against the State Government, the State Police Board, its members and staff, the Police Complaints Authority, its Member and staff or any person acting under the direction of the Board or the Authority, in respect of anything, which is done or intended to be done in good faith in pursuance of the provisions of this Act. Funding 76- For the efficient performance of duties, a separate component in appropriate major head of the State budget, as the State Government may determine,, shall be provided, CHAPTER IX WELFARE AND GRIEVANCE REDRESSAL Welfare of Police Officers 77- (1) The Director General of Police shall be responsible for the implementation of the welfare measures for the police officers and other personnel under his supervision and control. (2) The State Government may, in this regard, appoint one or more police officers to advise and assist the Director General of Police. Police Welfare Bureau 78- (1) There shall be a Police Welfare Bureau (hereinafter referred to as the Bureau), which shall be headed by an officer, who shall not be below the rank of Deputy Inspector General of Police. (2) The function and duties of the Bureau shall, inter alia, include administration and monitoring of welfare measures for police personnel, such as- (a) health care, particularly in respect of chronic and serious ailments, which include the post-retirement health care schemes for police officers and other personnel and their dependents, as are applicable to the employees of State Government; (b) Medical assistance to police officers and other personnel, suffering injury in the course of the performance of duty, as determined by the State Government; (c) Financial assistance to the next of kin of those dying in action, as determined by the State Government; (d) Education and career counseling and training in appropriate skills for dependents of police officers and other personnel, as determined by the State Government; and (e) Appropriate legal facilities, relating to bona fide discharge of duties, as determined by the State Government. (3) The composition of the Bureau and its powers and functions shall be such, as may be prescribed by the State Government. -------------------------------------------- 1-Subs. by section 13 of UK Act no.27 of 2018. Insurance and Risk Allowance 79- (1) The State Government shall prescribe an Insurance Coverage for all police officers against injury, disability, or death caused while on duty. (2) The State Government may also prescribe an allowance for Police Officers, posted in special wings carrying aggravated risks, as per State Government rules. Grievance redressal 80- (1) The Director General of Police, with the approval of the State Government, shall put in place a fair, transparent, and participatory grievance redressal mechanism, by way of Regulations, for looking into individual as well as collective grievances of the police personnel. The grievances shall be liberally entertained. (2) This mechanism shall ensure a right of appeal to the aggrieved party, if he is not satisfied with the disposal of his grievance at the first level. CHAPTER X GENERAL OFFENCES, PENALTIES AND RESPONSILITIES Offences of disorderly conduct 81- (l) Any person, who commits any of the following offences, on any road, or street, thoroughfare, or any open place, which may cause inconvenience, annoyance or danger to the residents or passers-by, shall, on being found guilty by a court, be punished with a fine minimum Rs. Five Hundred and maximum Rs. One Thousand, such as - (a) being found intoxicated and riotous or found to be committing a nuisance in public; (b) knowingly spreading rumors or causing a false alarm to mislead the police, fire brigade, or any other essential service. (2) It shall be lawful for any police officer to take into custody without a warrant, any individual, who commits any of the offences mentioned under sub- section (1) and fails to compound that offence on the spot. (3) The offences mentioned under this section, may be compounded on the spot, on depositing half of the minimum prescribed amount with the police officers, specially empowered in this behalf. (4) A person, detained in custody under sub-section (1), shall be released as soon as the offence has been compounded, otherwise such person shall be produced before the Magistrate, having jurisdiction within 24 hours of being taken into custody. Coordination 82- (1) For effective management of law and order in a Division, wherever required, coordination among various other agencies and State Government shall be made by the Divisional Commissioner. (2) For effective management of law and order in a District, wherever required, coordination among various other agencies and State Government shall be made by the District Magistrate. (3) For the purpose of coordination, the District Magistrate, may call for information of a general or special nature, as and when required, from the Superintendent of Police of a district and heads of other departments of the district. Where the situation so demands, the District Magistrate shall pass appropriate written orders and issue directions to achieve the objective coordination. (4) For the purpose of coordination, on receiving directions from the District Magistrate, heads of all concerned departments shall ensure that full assistance is rendered to the Superintendent of Police of the district. Penalty for disobeying orders or directions 83- (1) Any person, not complying the lawful orders, issued under section 51, 52, 53 and sub-section (3) and (4) of section 81, shall be prosecuted in a court of competent jurisdiction and on conviction, shall be liable to a fine, which may extend upto rupees ten thousand. (2) However, the offence under section 51, 52 and 53 maybe compounded on the spot, if a fine, amounting to half of the maximum prescribed, is deposited with the Officer-in- charge of the concerned Police Station. Unauthorized use of police uniform 84- Whoever, not being a police officer, wears a police uniform or any dress having the appearance or bearing - any of the distinctive marks of that uniform, without being authorized by the State Government or as the case may be, by an officer authorized by the State Government, shall, on conviction, be punished with imprisonment, which may extend up to six months or fine, which may extend up to rupees five thousand or with both. . Penalties for neglect of duty by police officer etc. 85- Every Police officer - (a) who is guilty of violation of any duty or of willful breach or of neglect of any rule or regulation of lawful order by a competent authority; or (b) who has withdrawn from the duties of his office without permission or without having given prior notice; or (c) who, being absent on leave, has failed, without reasonable cause, to report himself / herself to duty on the expiration of such leave; or (d) who has engaged him self her self, without authority, in any employment other than his police duty; or (e) who is found guilty of cowardice; or (f) who has been found inflicting any unwarranted personal violence to any person in his custody; or (g) who, without lawful reasons, fails to register a First Information Report, as required by section 154 of the Code of Criminal Procedure, 1973; or (h) who is found in a state of intoxication, while on duty; or (i) who acts in any other manner, unbecoming of a Police Officer; shall be punished with a fine, which may extend to an amount equal to three month salary, or with imprisonment of either description which may extend to three months, or with both. (j) (i) Any proceeding under this section shall be instituted by the Appointing Authority or District Superintendent of Police. (ii) The finding of the legal proceedings, instituted under this section, shall be entered in the personal service records of the concerned Police personnel. Chapter XI Repeal and savings 86- (1) The Indian Police Act, 1861 (Act 5 of 1861) is hereby repealed in its application to the State of Uttarakhand. (2) The repeal under sub-section (1) shall not affect the previous operation of the enactments so repealed and anything done or action taken or deemed to have been done or taken earlier (including any appointment or delegation made or notification, order, direction or notice issued). Rules or Regulations made under the provisions of the said Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made under the corresponding provisions of this Act, and shall continue to be in force unless and until superseded by anything done or action taken under this Act. Power to make Rules and Regulations 87- (1) The State Government may make Rules for carrying out the purposes of this Act. (2) All rules, made under this Act shall be laid, as soon as may be, before the House of the state Legislature. (3) The Director General of Police may frame Regulations, with the approval of the State Government, in respect of matters, specified in this Act. (4) State Government may direct the Director General of Police to amend any Regulation made by him in such manner, as it may direct and thereupon, the Director General of Police shall amend the Regulation in the manner as directed. (5) Every Rule and Regulation made this Act shall be notified by the State Government in the Official Gazette. Power to remove difficulties 88- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, in the Official Gazette, make such provisions, within three years from the commencement of this Act, which are not inconsistent with this Act, as it deems necessary or expedient for removing the difficulty. (2) Every order, issued under the section, shall, as soon as may be, be laid before the State Legislature.