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Section 38

MP Act

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Chapter IPreliminary

1Short title, extent and commencement
2Definitions

Chapter IIConstitution and composition of the police service

3One Police Service for the whole State
4Constitution and composition of the Police Service
5Appointment of Director General, Additional Director Generals, Inspector General, Deputy and Assistant Inspector Generals
6Selection and Minimum Tenure of DGP
7Appointment of Legal Advisors and Financial Advisor
8Creation of Police Ranges
9Police Districts
10District-level Special Cells, Sub-Divisions and Circles
11Police Stations
12Term of office of key police functionaries
13Coordination within the District Administration
14Special Branch and Criminal Investigation Department
15Anti-Infiltration Directorate
16Technical and support Services
17Appointment of the Principal of Police Training Academy/College/School
18Oath or affirmation by police personnel
19Certificate of appointment
20Special Police Officers
21Appointment of Additional Police

Chapter IIIThe primary ranks in the unarmed branch

22Rank structure at the primary levels of Unarmed Branch
23Recruitment to the post of constable
24Service Conditions of Primary Ranks in the Unarmed Branch

Chapter IVArmed police units.

25District Armed Branch and Meghalaya Police Battalions including the India Reserve Battalions
26Role and functions
27Organizational structure of District Armed Branch
28Organizational structure of the Meghalaya Police Battalions including the India Reserve Battalions
29Recruitment
30Training
31Deployment
32Adequacy of Arms, Equipment and Accoutrement

Chapter VSuperintendence and administration of police

33Superintendence of State police to vest in the State Government
34Strategic Policing Plan
35State Security Commission
36Composition of the State Security Commission
37Transport cost and sitting fees for ‘Independent Members’
38Composition of the Panel for selection of Independent Members
39Method of Selection
40Grounds of ineligibility for Independent Members
41Meetings of the Commission
42Term of office of Independent Members
43Removal of Independent Members
44Functions of the Commission
45Administration of Police Service
46Powers and responsibilities of the Director General of Police
47Police Establishment Board and Review Committee
48Procedure for promotion of police officers
49Meeting of the Board and Review Committee
50Framing of Rule
51Computerization of service records
52Training Policy for the police

Chapter VIRole, functions, duties and responsibilities of the police

54Role, functions and duties of the Police
55Social responsibilities of the police
56Duties in emergency situations
57Senior police officer performing duties of a subordinate officer
58Police officers to keep diary

Chapter VIIPolicing in the rural areas and village police system

59Police Stations covering rural areas
60Village visits by Officer-in-Charge of Police Stations
61Enlistment of Village Guard and Selection Criteria
62Duties and Responsibilities of Village Guard
63Village Defence Parties
64Community Liaison Group

Chapter VIIIPolicing in the context of public order and internal security challenges

65Internal Security Scheme

Chapter IXEffective criminal investigation including use of science and technology in investigation

66Criminal Investigation Department

Chapter XTraining, research and development

67Training
68Research & Development
69Career planning

Chapter XIRegulation, control and discipline

70Framing of rules for administration of police
71Rules governing Discipline of Police Personnel
72Police personnel always on duty

Chapter XIIPolice accountability

73Police Accountability for conduct
74Composition of the Commission
75Ineligibility for membership
76Term of office and conditions of service of members and Chairperson
77Removal of members
78The staff of the Accountability Commission
79Conduct of business
80Functions of the Commission
81Powers of the Accountability Commission
82Statements made to the Accountability Commission
83Persons likely to be prejudicially affected to be heard
84Decisions and Directions of the Accountability Commission
85Reports of the Commission
86Rights of the Complainant
87Duty of the police
88Interference with the Accountability Commission
89Training
90Review of police performance
91Protection of action taken in good faith
92Funding

Chapter XIIIWelfare and grievance redressal mechanisms for police personnel

93Welfare Bureau
94Grievance Redressal
95Working hours

Chapter XIVMedals, rewards and commendation

96Medals, Rewards and Commendation Certificates
97Bravery Awards and meritorious and distinguish service

Chapter XVGeneral offences, penalties, and responsibilities order in streets and public places

98Regulation of public assemblies and processions
99Assemblies and processions violating prescribed conditions
100Regulation of the use of music and other sound systems in public places
101Directions to keep order on public roads
102Penalty for disobeying order or directions
103Power to reserve public places and erect barriers
104Obstruction in police work
105Unauthorized use of police uniform
106Refusal to deliver up certificate etc. on ceasing to be police officers
107False or misleading statement made to the police
108Dereliction of duty by a police officer
109Arrest, search, seizure and violence
110Offences by the public
111Procedure for posting directions and public notices
112Prosecution of police officers
113Prosecution for offences under other laws
114Summary disposal of certain cases
115Recovery of penalties and fines imposed by Magistrates
116Limitations of actions

Chapter XVIMiscellaneous

117Disposal of fees and rewards
118Method of proving orders and notifications
119Validity of rules and order
120When office of Magistrate or police officer falls vacant, any officer holding charge competent to exercise power
121Licenses and written permissions to specify conditions, and to be signed
122Revocation of licenses
123When license revoked, grantee to be deemed without license
124Grantee to produce licence and permission, when required
125Public notices how to be given
126Consent of a competent authority may be proved by writing under his signature
127Signature on notices may be stamped
128Persons aggrieved may apply to State Government to annul, reverse or alter any rule or order
129Employment of the police personnel beyond the State’s jurisdiction
130Protection of action taken in good faith
131Power to make rules
132Power to remove difficulties
133Notification of rules and regulations in the Official Gazette and laying of rules and regulations
134Government to issue directions in order to achieve the objective of the Act
135Interpretation
136Repeal and savings

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MP Act 38Chapter V · Superintendence and administration of police

Section 38 · Composition of the Panel for selection of Independent Members

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Independent Members shall be appointed on the recommendation of a Selection Panel, which shall consist of: -

(a)

a retired Chief Justice/Justice of a High Court as Chairperson, to be nominated by the Chief Justice of the High Court

(b)

Chief Secretary

(c)

Principal secretary/Secretary Home(P)

(d)

Director General of Police

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