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Chhattisgarh Police Act, 2007

(C.G. Act No. 13 of 2007)

Last Updated 6th November, 2019 [cg048]

Chapter-I

Preliminary

(a) "Chief Secretary" means the Chief Secretary to the State Government;

(b) "Director General of Police" means the officer appointed under Section 12;

(c) "District" means a revenue territory notified as a district under the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959);

(d) "District Magistrate" means District Magistrate appointed under sub-section (1) of Section 20 of the1 Code of Criminal Procedure, 1973 (No. 2 of 1974);

(e) "Moral Turpitude" means involvement in any crime which pertains to cheating, forgery, drugs, intoxication, rape, offending the modesty of a women, immoral trafficking, planned violence or any offence against the State Government;

(f) "Outpost" means post within the jurisdiction of Police Station;

(g) "Police District" means the territory notified as police district under this Act;

(h) "Police Officer" means any member of the Police Force appointed under this Act or appointed before the commencement of this Act for the State and includes members of the Indian Police Service or members of any other police organization on deputation to the State Police, serving for the State and persons appointed under Section 9 or 10 of this Act;

(i) "Power of Superintendence" means and includes power of giving directions, guidance and instructions in all executive and administrative matters and also includes the power to annul, reverse, rescind or revise any administrative order issued in such matter by an authority under this Act, subject to the provisions pertaining to investigation as contained in the Code of Criminal Procedure, 1973 (No. 2 (if 1974);

(j) "Public place" means any place to which the public has access;

(k) "Prescribed" means prescribed by rules;

(l) "Railway Area" means an area between outer-most signals appurtenant lo railway tracks including railway platforms of a railway station and shall include running trains over the entire length of the railway tracks within the State of Chhattisgarh;

(m) "Ranks" means and includes subordinate ranks and supervisory ranks;

(n) "Regulations" means regulations made under the Act;

(o) "Rules" means the rules made under the Act;

(p) "State" means the State of Chhattisgarh;

(q) "State Government" means the State Government of Chhattisgarh;

(r) "Subordinate Ranks" means ranks below the rank of Assistant or Deputy Superintendent of police;

(s) "Superintendent of Police" means the police officer in charge of a Police District;

(t) "Superintendent Ranks" means ranks of Assistant and Deputy Superintendent of Police or above.

Chapter-II

Constitution and Organization of The Police

Chapter-III

Direction and Supervision of The Police

(a) 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;

(b) Superannuation;

(c) Punishment of reduction to a lower post, awarded under the provisions of the All India Services (Discipline and Appeal) Rules, 1969 or any other relevant rule;

(d) Suspension;

(e) Incapacity in discharging his functions as Director General of Police due to physical or mental illness;

(f) On his own request; or

(g) An administrative exigency which shall be recorded in writing.

(a) Promotion to a higher post;

(b) Superannuation;

(c) Conviction by a Court of law;

(d) Charges having been framed, by a Court of law in a criminal case;

(e) Punishment of dismissal, removal, discharge or compulsory retirement from service or of reduction to a lower rank awarded under the rules relating to disciplinary actions applicable to him;

(f) Suspension;

(g) Incapacity in discharging his functions and duties due to physical or mental illness;

(h) On his own request; or

(i) An administrative exigency which shall be recorded in writing.

Chapter-IV

State Police Commission and Police Establishment Board

(a) Chief Secretary;

(b) Secretary in charge of the Home Department;

(c) Director General of Police;

(d) Member, State Human Rights Commission to be nominated by State Government;

(e) Two Independent Members (persons of proven reputation for integrity and competence from any field such as academia, law, public administration, media err any other field), to be appointed by the State Government.

(a) is not a citizen of India;

(b) is above 70 years of age;

[(c) omitted]

(d) is employed as a public servant;

(e) holds any elected office, including that of Member of Parliament or State Legislature or 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 criminal offence involving moral turpitude or for an offence punishable with imprisonment of one year or more;

(i) is facing prosecution for any offence mentioned in clause (h) above and against whom charges have been framed by a Court of law; or

(j) is of unsound mind.

(a) (i) incompetence;

(ii) misbehaviour;

(iii) failure to attend three consecutive meetings of the Commission without sufficient cause;

(iv) incapacitation by reasons of physical or mental infirmity; or

(v) otherwise becoming unable to discharge his functions as a member.

(b) If he incurs any disqualifications specified in Section 17.

(1) To advise the State Government on policy guidelines for promoting efficient, effective, responsive and accountable policing;

(2) To assist the State Government in identifying performance indicators to evaluate the functioning of the Police Force;

(3) To communicate to the State Government its views on the performance of the Police; and

(4) To formulate perspective plans for policing and submit them to the State Government.

[(a) Transfer of subordinate ranks upto the level of and including Assistant Sub-Inspector from a district in one Zone or Range to a district in another Zone or Range and of the ranks of Sub-Inspector and Inspector from one Zone or Range or District to another;]

(b) Receive and examine representation from police officers aggrieved by any order of superior officers, other than the orders passed under the rule made under the Article 309 of the Constitution of India and -

I. Decide such representation if it is received from a police officer of the sub-ordinate rank;

II. Make recommendation to the State Government in other cases.

(c) Such other functions and duties as may be prescribed.

Chapter-V

Functions and Responsibilities of Police Officers

(b) To prevent crime and public nuisance;

(c) To maintain public order;

(d) To preserve internal security, prevent and control terrorist activities and to prevent breach of public peace;

(e) To protect public property;

(f) To detect offences and bring the offenders to justice;

(g) To arrest persons whom he is legally authorised to arrest and for whose arrest sufficient grounds exist;

(h) To help people in situations arising out of natural or man-made disasters, and to assist other agencies in relief measures;

(i) To facilitate orderly movement of people and vehicles, and to control and regulate traffic;

(j) To gather intelligence relating to matters affecting public peace and crime;

(k) To provide security to public authorities in discharging their functions;

(l) To perform all such duties and discharge such responsibilities as may be enjoined upon him by law or by an authority empowered to issue such directions under any law.

Chapter-VI

Special Provisions of Policing

(a) The District Superintendent of Police may temporarily reserve, by public notice, any street or other public place for any public purpose and regulate the movement of person and vehicles in the area so reserved; and

(b) The District Superintendent of Police may, in the interest of general public, authorise any police officer to raise barriers and other necessary structures on public roads and streets for maintenance of public order or to check vehicles or occupants thereof for prevention and detection of any crime.

Chapter-VII

Police Accountability

(1) A retired Judge of High Court or retired Judge of Higher Judicial Service, who was at the time of superannuation, qualified to become a Judge of High Court, who shall be Chairperson of the Authority;

(2) A retired Police Officer superannuated in the rank of Additional Director General of Police or above;

(3) A retired civil servant superannuated in the rank of Secretary to the State Government or above;

(4) A person of repute and standing from the civil society ordinarily residing in the State of Chhattisgarh :

(a) is not a citizen of India;

(b) is above 70 years of age;

[(c) omitted]

(d) is employed as a public servant;

(e) is a Member of Parliament or the Legislature of State or a local body; or is an office-bearer of any political party or any organization connected with a political party;

(f) has been convicted for any criminal offence involving moral turpitude or for an offence punishable with imprisonment of one year or more;

(g) is facing prosecution for any offence mentioned in clause (1) above and against whom charges have been framed by a Court of law; or

(h) is of unsound mind declared by a competent Court.

(a) Proven misconduct or misbehaviour;

(b) Persistent neglect to perform duties of the Authority;

(c) Occurrence of any situation that would make a member ineligible for appointment to the Authority under Section 40; or

(d) The member concerned engaging himself during his term of office in any paid employment outside the duties of his office.

(a) To inquire into allegations of "serious misconduct" against police personnel on a complaint;-

(i) received from a victim or a close relative of the victim supported by an affidavit;

(ii) referred to it by the State Government.

(b) To carry out such other functions as the State Government may, from time to time, specify by an order.

(i) (a) Death; or

(b) Rape or attempt to commit rape; or

(c) Grievous hurt in Police custody; or in the Custody of Police; or

(ii) Such other acts as may be specified by State Government by an order of the State Government.

(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any Court or office;

(e) issuing commissions for the examination of witnesses and documents; and

(f) any other matter which may be prescribed.

Chapter-VIII

Welfare And Grievance Redressal

(a) any grant made by the State Government;

(b) contributions made in the fund by police personnel; or

(c) any other grant, donation, bequest made for the purposes of the funds.

Chapter-IX

General Offences and Penalties

Chapter-X

Miscellaneous

(a) Prevention and investigation of crime;

(b) Inspection of the police organisation, and of the work performed by police officers;

(c) Determining the description and quantity of arms, accoutrements, clothing and other articles of wearing and carrying to be provided to the state police;

(d) Assigning duties of officers of all ranks and grades, and prescribing the manner and the conditions subject lo which, they shall exercise and perform their respective powers and duties;

(e) Collection and communication of intelligence and information by the police;

(f) Prescribing the records, registers and forms to be maintained and the returns to be submitted by different police units and officers;

(g) Generally, for the purpose of rendering the police more efficient, and preventing abuse of power and neglect of duties by them; and

(h) Such other matter as the State Government, by a notification, may direct: