THE POLICE OFFICERS (SPECIAL, PROVISIONS) ORDINANE,1976

THE POLICE OFFICERS (SPECIAL, PROVISIONS) ORDINANE,1976

Ordinance No. LXXXIV of 1976

TO Provide for special provisions for maintaing discipline among certain members of the police-force.

 

WHEREAS it is expedient to provide for special provisions for maintaining discipline among certain members of the police – force;

 

NOW, THEREFORE, in pursuance of the proclamation of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following ordinance:-

1. Short Title:- This Ordinance may be called the Police officers (Special Provisions) Ordinance, 1976.

2. Definitions:-In this Ordinance unless there is anything repugnant in the subject or context-

(a)        “authority” means an authority specified in column 2 of the Schedule;

(b)        “misconduct” – means conduct prejudicial to good order or service discipline or contrary to the Government Servants (Conduct) Rules, 1966, or unbecoming an officer or gentleman; and

(c)        “police-officer” – means a police-officer of, and below, the rank of Inspector mentioned in column 1 of the Schedule.

3. Ordinance to override-all other laws, etc. – This Ordinance shall have effect notwithstanding anything contained in any law, rules and regulations relating to police-force nor shall prejudice the operation of the other law, rules and regulations including the service conditions of the said police-force.

4. Offences:- Where a police-officer is guilty of —

1.         misconduct;

2.         dereliction of duty;

3.         act of cowardice and moral turpitude;

4.         Corruption or having persistent reputation of being corrupt ;

5.         Subversive activity or association with persons or organisations engaged in subversive activities ;

6.         Desertion from service or unauthorised absence from duty without reasonable excuse or

7.         inefficiency;

The authority concerned may impose on such police-officer any of the penalties mentioned in section 5.

5. Penalties:- The following shall be the penalties which may be imposed under this Ordinance, namely :-

(a)        dismissal from service;

(b)        removal from service;

(c)        discharge from service;

(d)       compulsory retirement; and

(e)        reduction to lower rank.

 

6. Inquiry:- (l) When a police-officer is to be proceeded against any of the offences mentioned in section 4, the authority concerned shall Frame a charge and specify therein the penalty proposed to be imposed and -communicate it to the police-officer, hereinafter called de accused, requiring him to show cause within specified time which shall not be less than seven days and not more than ten days from the date the charge has been communicated to him why the penalty proposed to be imposed on him shall not be imposed and also to state whether he desires to be heard in person.

 

(2) If, after consideration of the cause shown by the accused, if any, and hearing him in person, if the accused so desires, the authority concerned finds the accused guilty of the charge, he shall within twenty days of the receipt of the explanation imposed upon the accused the proposed penalty or any other lesser penalty under section 5.

 

 

7. Appeal:- A police-officer on whom a penalty has been imposed under section 6 may, within seven days of the receipt of the order of punishment, appeal against the order to the appellate authority concerned specified in column 3 of the Schedule, who shall within fifteen days of the date of receipt of the appeal communicate to the appellant his decision which shall be final.

 

8. Courts’ jurisdiction barred:- No order passed under any of the provisions of this ordinance shall be called in question in any court.

 

SCHEDULE

 

SL. No            Police-officer  Authority        Appellate Authority

1          2          3

1.         Inspector         Inspector-General of Police or Addl. Inspector General of Police     Government.

2.         Sub-Inspector, Assistant Sub- Deputy Inspector-General Inspector-General of Inspector, Sergeant, Head of Police. Police. Constables.      Deputy Inspector-General or Commissioner of Metro-politan Police or Addl. Commissioner of Police

Inspector General of Police or Addl. Inspector General of Police

 

3.         Naiks,Constables        Addl. Deputy Inspector General of police or Superintendent of Police or Deputy Police Commissiner of any Metro-politan Police        Deputy Inspector-General of Police or Police Commissioner or Deputy Commissioner of any Metro-politan Police

 

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