Updated: Saturday May 31, 2014/AsSabt Sha'ban 02, 1435/Sanivara Jyaistha 10, 1936, at 11:02:33 AM
The Police Rules, 1934
Chapter
I-Organization
Chapter
II-Establishment
Chapter
III-Buildings
Chapter
IV-Clothing
Chapter
V-Equipment
Chapter
VI-Arms and Ammunition
Chapter
VII-Mounted Police
Chapter
VIII-Leave
Chapter
IX-Pension
Chapter
X-Account
Chapter
XI-Office Routine
Chapter
XII-Appointment and Enrolment
Chapter
XIII-Promotions
Chapter
XIV-Discipline and Conduct
Chapter
XV-Rewards
Chapter
XVI-Punishments
Chapter
XVII-Headquarter Establishment and Reserves
Chapter
XVIII-Guards and Escorts
Chapter
XIX-Training and Examination
Chapter
XX-Inspection and Supervision
Chapter
XXI-Preventive and Detective Organization
CHAPTER
I-Organization
PART
I. - DEPARTMENTAL ORGANIZATION
1-1. Constitution
- For the purposes of section 3 of the Police Act (V of 1861) the Punjab is
divided into “General Police District” namely:---
(a)
the Provincial Police District.
(b)* *
* * *
* ]
All ranks of Police employed in the
province are appointed or enrolled under section 2 of the Act.
1-2. Inspector
General - 1[The Inspector-General of Police, responsible for the
command of the Police force, its discipline administration. He is responsible
for advising the Provincial Government in all matters connected with it.
The Inspector-General of Police is
assisted by such number of Additional Inspector-General Deputy
Inspectors-General and Assistant Inspectors-General as the Provincial
Government may from time appoint].
1-3. General
Police District – divisions of - The Provincial Police General district is
divided into administrative establishment; a Training College (including the
Provincial Finger Print Bureau); a [Special Branch, a Crime Branch]. The
District Police Establishment Railway Police General District is divided into a
Central Intelligence Agency and such number of Sub-Divisions as the Provincial
Government may authorize from time to time]1.
1-4. Administrative
division - The District of the province are grouped in Ranges and the
administration of all police within each such range is vested in a Deputy
Inspector-General under the control of the Inspector-General of Police.
The Railway Police District is
administered, under the control of the Inspector-General of Police, by an
Assistant, Inspector-General of Police, who has the powers of, and is
responsible for the duties allotted to, a Deputy Inspector-General of a range.
The limits of the Railway Police Districts are the railway limits within the
Punjab.
1-5. Limits
of jurisdiction and liability to transfer - All Police officers appointed or
enrolled in Pakistan general police district constitute one police force and
are liable to, and legally empowered for, police duty anywhere within the
province. No sub-division of the force territorially or by classes, such as
mounted and foot police, affects this principle.
Though
not liable to permanent transfer beyond the limits of the Punjab. Every police
officer is empowered by section 3, Police Act III of 1888, when necessary, to
exercise the powers, functions and privileges of a police officer in any part
of Pakistan. In the exercise of such function a police officer is deemed to be
a member of the police force of the province in which he is at the time.
1-6. Deputy
Inspectors-General – duties and functions of - “The Deputy Inspector-General of
Police, Crime” Special Branch and Crime Branch and Special Branch.
The
Deputy Inspector-General, Crime Branch is responsible, through the staff of his
department, for the intelligence organization of the criminal administration;
in this capacity he is called upon the assist both the Provincial Government
and the district.
The
Deputy Inspector General of a range is responsible to the Inspector-General for
the administration, training and discipline of the police of this range and for
the efficiency of their organization and operations for the prevention and
detection of crime. In the exercise of this responsibility a Deputy
Inspector-General will interfere as little as possible with the executive
authority of the Superintendents under him, and will permit such modifications
of practice and organization to suit local conditions as he may consider
advisable, and as the law and these rules allow. He will use his powers of
control to secure a uniform standard of efficiency and the fullest co-operation
between districts and branches of the force in the circulation of information
and in action against criminals.
To
ensure that efficiency shall not be impaired by undue variation in methods of
practice in different parts of the province. Deputy Inspectors-General of
ranges and of the Crime Branch shall maintain close touch with each other by
informal meetings and formal conferences. They shall freely exchange
information relating to the criminal administration, and shall ensure that
co-operation between ranges and branches of the force is as close as that
between the districts within a range. Before issuing any circular order having
the effect of altering in principle any matter of departmental practice or
affecting the administration of the law, Deputy Inspectors-General shall obtain
the approval of the Inspector-General Copies of all such circular orders and of
instructions of general importance, whether previously approved by the
Inspector-General or not, shall be sent to the Inspector-General and other
Deputy Inspector-General for information.
1-7. Relations
of Deputy Inspectors-General with Commissioners and District Magistrates - In
his dealings with Commissioners and District Magistrate, the Deputy
Inspector-General is the representative of the Inspector-General. Within the
field in which the Inspector-General in the adviser of the Provincial
Government, the Deputy Inspector-General should be the adviser of the
Commissioners and District Magistrates, whose jurisdictions lie within his
range. His knowledge and authority should at all times be at their disposal for
promoting police efficiency and for concerting measures for the better control
of crime. Cases in which differences of opinion arise between a Deputy
Inspector-General and a Commissioner or District Magistrate on matters in which
the orders of Government are advisable shall be referred through the
Inspector-General.
1-8. Superintendent
of Police - The Superintendent of Police is the executive head of the district
police force. He is directly responsible for all matters relating to its
internal economy training and management, and for the maintenance of its
discipline and the efficient performance of all its duties.
In
every district there shall be one or more Superintendent and such number of Assistant
Superintendents, Deputy Superintendents, Inspectors, Sergeants, Sub-Inspectors,
Assistant Sub-Inspectors, Head Constables and Constables as the Provincial
Government may direct.
1-9. Assistant
and Deputy Superintendents - The authority and duties of Assistant and Deputy
Superintendent of Police are the same and interchangeable. They derive their
powers from the fifth definition in section 1 of the Police Act (V of 1861) and
from section 551 of the Code of Criminal Procedure, Assistant and Deputy Superintendent
of Police are posted to districts and other duties at the discretion of the
Provincial Government to be trained and to assist the Superintendent in the
discharge of his responsibilities, and the authority of the Superintendent is
delegated to them to the extent prescribed by these rules.
1-10. Police
Station Jurisdiction - District and the railway police sub-divisions are
divided into police station jurisdictions according to administrative
convenience and in order to meet the requirements or the Code of Criminal
Procedure [section 4 (1)(s)]. The boundaries of these jurisdictions have all
been fixed from time to time on the authority of the Provincial Government, and
are unalterable save under the same authority. Outposts are located where necessary
for the control of crime and are subordinate to the police stations in the
jurisdictions of which they are located. Normally, a police station is in
charge of a sub-Inspector of police and an outpost in commanded by an assistant
sub-Inspectors head constable.
No
alteration in the number of police stations and outposts or in the boundaries
of police station jurisdictions may be made without the sanction of the
Provincial Government. Proposals for such alterations shall be submitted, in
the form outlined in Appendix 1-10, by Superintendents of Police, through the
District Magistrate to the Deputy Inspector-General of the range. The latter,
after forward it to the Inspector-General of Police, through the Commissioner
of the division.
1-11. Changes
in distribution - Temporary changes to the disposition of the police force
within a district may be made by Superintendents with the concurrence of the
District Magistrate, but no permanent alterations shall be made without the
previous sanction of the Inspector-General. Any temporary changes made under
the authority of this rule shall be reported unofficially to the Deputy
Inspector-General through the channel of the weekly diary of the Superintendent
of Police (Rule 21-9).
1-12. Power
of Sub-Inspectors - Sub-Inspectors incharge of police stations exercise all the
powers of an officer in charge of a police station. Additional sub-inspectors
in police stations may be deputed by the officer incharge under officers in
virtue of the powers granted under section 551. Code of Criminal Procedure, to
investigate cases and such officers then have the powers to investigate, which
are granted under Chapter XIV, Code of Criminal Procedure, to any officer
making an investigation under that chapter. Sub-inspectors, and officers junior
to a sub-inspector, may arrest under the orders of the officer in charge of a
Police station under section 55, Code of Criminal Procedure, the persons
detailed in that section.
The definition of “officer in charge of a
police station,” in section 4(1) (p).
Code of Criminal Procedure, empowers other police officers, in certain
circumstances, to exercise the powers of such an officer.
The powers of sub-inspectors, who are not
officers in charge of police station and junior officers, in dealing with unlawful
assemblies, are explained in Rule 14-56(3).
1-13. Classes
and ranks of police officers - The expression “gazetted police officers” is
applied to police officers appointed under section 4, Act V of 1861, and
includes the Inspector-General, Deputy Inspector General, Assistant Inspectors
General, Superintendent and Deputy Superintendents.
The expression “enrolled police officer” is
applied to police officers appointed under section 7, Act V of 1861, and
includes inspectors, sergeants, sub-inspectors, assistant sub-inspector, head
constables and constables.
The expression “uppers subordinate” includes
all enrolled police offices of and above the rank of assistant sub-inspector.
The expression “lower subordinate” includes
all other enrolled police officers.
PART II- RELATIONS BETWEEN POLICE AND MAGISTRATES
1-14. The
Commissioner - The Commissioner exercised through his district Magistrates a
general control over the administration of his division in criminal as in other
matters, and is specially responsible for the maintenance of co-operation
between the police and the magistracy. 1[* * * *] He is expected to
give attention to special reports and measures for dealing with special types
of crime, 1[*
* * *] the location of additional police quartered in disturbed areas and the
work of the prosecuting agency.
It is the duty of the Deputy Inspector General of the
range to keep the Commissioner of the division fully informed of tall matters
of importance concerning the efficiency of the police and the state of crime.
1-15. The
District Magistrate - The District Magistrate is the head of the criminal
administration of the district, and the police force is the instrument provided
by government to enable him to enforce his authority and fulfil his
responsibility for the maintenance of law and order. The police force in a
district is, therefore, placed by law under the general control and direction
of the District Magistrate who is responsible that it carries out its duties in
such a manner that effective protection is afforded to the public against
lawlessness and disorder.
In the exercise of this control the district
Magistrate is required to inspect police stations. He shall exercise no
executive authority in matter which concern solely the internal administration
and training of the force, or in questions of discipline as between police
officers and their departmental superiors, but his general control extends to
all other matters. In all that affects the relations between the police and the
public or the keeping of the public peace, the District Magistrate must be
consulted and his orders complied with.
He may (a)
require the Superintendent to furnish him with any documents relating to the
conduct of any subordinate enrolled police officer in any case in which the conduct
or character of such police officer is likely to affect his dealings with the
public or the prevention and detection of crime; (b) direct the Superintendent to enquire into any allegation of
misconduct or neglect of duty on the part of any subordinate enrolled police
officer in any case in which such misconduct or neglect of duty affects, or is
likely to affect, such officer’s dealings with public, or the prevention and
detection of crime, and to submit the record to superior police authority ; and
(c) direct the Superintendent to
furnish information on any matter connected with crime, the criminal classes,
the prevention of disorder or the distribution of the police force, or on any
other matter not connected solely with the internal administration of the
force.
It exercising his powers of control, the district
Magistrate should avoid doing anything to weaken the authority of the
Superintendent. All communications between the District Magistrate and the
police shall, whenever possible, be conveyed through, and all instructions and
orders to them shall similarly be issued from, the Superintendent.
NOTE
The above rule covers the position of district
Magistrates in relation to the railway police. The District Magistrate has no
departmental authority over such police, but his responsibility for the
criminal administration of his district includes that portion of the railway
police jurisdiction which lies within it. He has, therefore, the same authority
to call for information and to inspect police stations which he has in respect
of the district police, and the same interest in the prevention, detection and
prosecution of railway crime as in the in the case of district crime.
1-16. Duties
of Superintendent towards District Magistrate -
The primary duty of the Superintendent of Police is to afford the
District Magistrate the utmost possible assistance, both himself and through
the police force under his command, in the preservation of the peace and the
prevention or detection of crime. He shall keep in close and constant personal
touch with the district Magistrate and shall keep him fully and promptly
informed both by personal conference and by written reports, of all matters
relating to crime and public order. While it is his duty to initiate action of
the police in such matter, he must keep the District Magistrate informed and be
guided by his orders.
The Superintendent of Police shall
keep the District Magistrate informed of his movements generally when away from
headquarters, and shall conform to his wishes should the District Magistrate,
for reasons connected with the criminal administration of the district, require
the Superintendent of Police to proceed to any place in the district or to
remain at headquarters at any time.
1-17. Authority
of District Magistrate in regard to postings, & c - All postings, removals
and transfers of officers in charge of police stations within a district, shall
be made by the Superintendent with the approval of the District Magistrate.
If the district Magistrate considers
the presence of a police officer of or below the rank of sub-inspector
prejudicial to the welfare of the locality in which he is posted, he may direct
his transfer elsewhere within the district. In the case of dis-satisfaction
with the work or conduct of officers above the rank of sub-inspector, District
Magistrate shall communicate their complaint to the Deputy Inspector General of
the range.
1-18. Sub-divisional
and subordinate Magistrates - The authority of a sub-divisional or a
subordinate magistrate over the police is strictly limited to the powers given
him by law in the exercise of his judicial functions. Any adverse comments on
the proceedings of the police, which he may make, shall be communicated to the
Superintendent through the District Magistrate. Similarly, if he considers that
any police officer should be called on to explain his conduct, he shall report
the facts of the case to the District Magistrate, who will take such action, as
he considers necessary.
1-19. Sub-divisional
and subordinate Magistrate – Co-operation with - Sub-divisional and subordinate
are held strictly responsible, under the control of the District Magistrate,
for the maintenance of the peace of the area which is made over so their
charge; though they have no extra-judicial authority over the police, they are
not merely Judges. The law gives them many more powers than those required for
hearing cases, and they are interested in every crime in their jurisdiction
from the moment of its commission. The maintenance of law and order and the
suppression of crime depend upon the join efforts of the public, the magistracy
and the police and not upon the energy of any one of these alone. The most
intimate and friendly co-operation between the police and the magistracy as a
whole, and between particular magistrates and the police stationed in the area
of their jurisdiction, is essential. Superintendents of Police must encourage
such co-operation by every means and must sternly check all contrary
tendencies. Gazetted officers and upper subordinates should cultivate friendly
personal relations with all magistrates with whom their work brings them in
contact, and every opportunity should be taken to keep magistrates informed of
the state of crime in their ilagas.
Conferences between magistrates and police officers, at which difficulties on
either side can be discussed and remedies devised, should be encouraged; police
officers coming in with chalans should
frequently take the opportunity of obtaining an interview with the ilaga Magistrate and discussing with him
the state of crime in their jurisdictions; and prosecuting officers, who form a
valuable link between the investigating officer and the magistracy, should be
instructed to pass on to magistrates any information of interest of importance regarding
criminal matters of which they may be aware.
NOTE
The remarks of the Indian Police
Commission, 1902-03, on the subject of relations between the police and
magistrates are published as Appendix 1-19.
1-20. Rights
of sub-division and subordinate Magistrates to inspect police records -
Sub-Divisional and subordinate magistrates are not authorized to inspect police
stations or to record remarks or criticisms in inspection books provided that
the District Magistrate, which the concurrence of the Deputy Inspector-General,
may permit a Sub-divisional Magistrate, who is a senior Assistant Commission,
to make such inspectors, and to record his remarks in the inspection book. A
Sub-divisional, or Ilage Magistrate, may, however, in his executive capacity, call
for any of the records and registered which deal with crime for a police
station, and may request the officer in charge of a police station to come to
him and explain them. The orders of Government regulating the production of
police records in courts of law are contained in rules 27-24.
1-21. Police
to obey all orders issued in judicial capacity - The police shall obey and
execute all lawful orders issued to them by judicial officers in the exercise
of the powers conferred on them by law.
Appendix no. 1-18
form of gazette notification
altering police stations jurisdiction
[No
change in the jurisdiction of Police Stations effective till a Gazette
Notification that been published by the Provincial Government. The Notification
should show the complete jurisdiction of affected Police Stations for
convenience of the Police. Care should be taken to see that the jurisdiction of
the Police Station does not cut across the boundaries of the Civil Sub-Division
in which the Police Station is located]
The Governor in Council is please,
under the provisions of clause (5) of sub-section (1) of section 4 of the Code
of Criminal Procedure, to direct the transfer of the villages enumerated in
column 3 of the sub-joined schedule, and situated in the zails mentioned in column 2, from the local areas of the police
station mentioned in column to the local areas of the police stations mentioned
in column 5 thereof, with effect from the date of the issue of this
notification:---
2. Recommendations for alterations in
police stations jurisdictions shall be supported by the following information:---
(a) A
map on which the proposed alterations are clearly marked.
(b) A statement showing the crime for the
past three years of the police stations affected, with an explanation of the effect
on these figures of the changes proposed.
(c) A statement showing area and population
of the police stations affected as before and after the proposed change.
1[3. “In framing such proposals the main
object should be to secure an even and manageable distribution of crime between
police stations, accessibility between police station and its villages, and the
police station and court of the Magistrate incharge of the jurisdiction.
Appendix no. 1-18
extract from the report of
the indian police commission, 1902-03
124. Omitted.
This is the connection which the law intends to exist
between the magistrate empowered to take cognizance of police cases and the
police. It involves the first information being sent to this magistrate, his
being able to watch the case from the first, to order investigation where the
police are not investigating, or to investigation up to the very last. His
connection with the case is intended to begin with the first information and to
continue to the end; through out he is intended to exercise an intelligent
interest in the. These provisions are very generally lost sight of. The
intention of the law is defeated when the first information is sent, not as
required by section 157 to the magistrate having jurisdiction, but nominally to
the District Magistrate, really to a prosecuting inspector or other official at
the headquarters, who files it until the case is sent up finally for trial. It
is also defeated when the magistrate assumes what he imagines to be a judicial
attitude, and never looks at a paper or takes any interest in the case until it
comes before him in court, and proceeds to dispose of it with regard only to
what is put before him by the parties without any effort to do what more he can
to arrive at the truth. A valuable check on police work and valuable powers in
criminal administration are thus lost.
125. The
intention of the law is that the police and the magistracy should work
together, the former investigating the case for the magistrate, and the latter
conducting the magisterial enquiry or trial, weighing the evidence collected by
the police, sifting further any points that have been missed or inadequately
treated, hearing all that the accused has to say or adduce on his own behalf,
and deciding the case in the interest of truth and justice.
126. Omitted.
The courts should be encouraged to take notice of any
misconduct on the part of a police office, or of any reasonable suspicion that
he has been guilty of such misconduct. Unless such misconduct is established
after hearing any explanation the police officer concerned may have to offer,
or unless reference to it is necessary for the elucidation of the case, it is
only just to him that no notice of it should be taken in the judgment; but a
separate note should be at once forwarded to the District Magistrate, who
should pay due attention to it, conducing by competent and impartial agency any
enquiry that may be necessary, and absolving from blame any police officer who
may after all be found innocent of fault, but taking adequate notice of any
misconduct that may be established.
NOTE
The principles enunciated in the
concluding portion of the above quotation have been accepted by the Provincial
Government and are embodied in Chief Court Circular No. 7-3428-G, of 19th
September 1903, which reads as follows:---
Chief Court Circular No. 7-3428-G, dated the 19th
September 1903.
Dated Lahore, the 19th September 1903.
To
– All Sessions Judges, District Magistrates and Subordinate Criminal Courts in
the Punjab.
The attention of the presiding
officers of all criminal courts is called to the following extract from the
proceedings of His Honour the Lieutenant-Governor of the Punjab in the Home
(Police) Department, No. 1632-S, dated 30th August 1903:---
“ The Lieutenant-Governor agrees with the
Inspector-General of Police that it is undesirable for magistrates to make
remarks in criminal cases censuring the action of police officers unless such
remarks are strictly relevant to the case and the officers concerned have had
an opportunity of explaining their action. If remarks to which exception can be
taken come to the notice of the Inspector General of Police, they should be
referred for the orders of the Lieutenant-Governor, who will invite the
attention of the Hon’able Judges of the Chief Court to any case in which action
can appropriately be taken.”
The
Hon’able Judges trust that all courts will be careful in future to observe the
rule laid down in these remarks. District Magistrates should themselves take
whatever action seems desirable in any case coming to their notice in which the
spirit of the rule has been infringed by any court subordinate to them.
CHAPTER
II-Establishment
2-1. Permanent
establishment how fixed – The permanent establishment of a district is fixed on
a careful calculation of the actual number of men required for fixed duties plus the percentage approved by
Government as a reserve to provide for casualties and training in the various
ranks. The establishment of each district is shown in a distribution statement
in Form 2-1, issued by the Inspector General.
2-2. Fixed
duties – (1) The term “fixed duties” includes:---
(a) Cantonment and city police.
(b) Rural police stations and their
subordinate posts.
(c) Headquarter establishment; guards;
escorts; specialists (e.g., traffic staff); armed reserves, and mounted police.
(d) Office and court duties.
(2) Under division A the establishment
required shall be calculated separately for (1) the investigation and station
house staff (2) the watch and ward staff. No general scale can be laid down. In
calculating the investigation and station house strength the principles by
which the strength of rural police stations is fixed (sub-rul 3 below) shall be
followed as far as possible, but additional provision will frequently be necessary
for duties such as telephone orderlies, extra clercial staff, detective staff,
a permanent lock-up-guard, & c. In estimating the beat staff it is
necessary to plot out on a map after close study of local conditions, the
number of fixed points (other than special traffic points) day and night beats,
and patrols required for each town or cantonment. Careful consideration shall
be given to economizing men by providing intermittent patrols instead of fixed
points of beats, and by providing means of locomotion to enable a few men to
cover a considerable area, wherever possible. When the number of beats, &
c., has been fixed, the establishment necessary to furnish them shall be
calculated on the basis of every man performing eight hours duty in each period
of twenty-four hours. On this basis, the necessary calculations can be made
for, and rotation of duties fixed between day and night duties, duties lasting
throughout the twenty-four hours, and intermittent duties. Supervision over the
watch and ward staff shall be provided at the rate of 1 head constable to every
10 Constables; 1 assistant sub-inspector to every 5 head constables and 1 sub
inspector to every 100 constables. No ratio between police and population is
prescribed, except that in the case of towns with a population of over 30,000
the total strength of police for watch and ward should not ordinarily exceed
one constable to every inhabitants. In each case local conditions, such as the
volume of commercial activity, the importance and frequency of fairs and
festivals, the general criminality of the neighbourhood and the like must be
considered.
(3) The strength of rural police stations
(division B) is based mainly on the incidece of crime. A normal police station
is held to be one registering an average of seventy-five cases a year. For such
a police station the minimum staff shall be 1 sub-inspector, 1 assistant
sub-inspector, 1 head constable (clerk and 12 foot constables. In police
stations, where crime is very light the number of constables may be reduced to
ten. For every fifty cases above the normal figure shown to be the annual
average of a police station, the staff shall be increased by 1 assistant
sub-inspector and 2 constables. This standard calculation may be varied for
adequate reasons in special cases. The staff of outposts shall be calculated
strictly in accordance with the duty it is required to perform.
(4) In division C, headquarter
establishment shall be calculated in exact detail of authorized posts to be
filled. Under this heading shall be included all enrolled personnel of the
Lines establishment, instructors, orderlies, of all descriptions, and upper
subordinates, who do not come under any other division. Guards shall be
calculated at the actual strength required to form each guard, four constables
being allotted to each sentry post, the number of constables allotted to each
sentry post being fixed in accordance with rule 18.5(5) and a second head
constable being provided for each guard which furnishes more than two sentries.
The strength required for escorts shall be calculated on the scales laid down
in Chapter XVIII in relation to the average demands in the district for
treasure and prisoners escorts, other than the escorting of under-trial
prisoners to and from the Court. Provision may be made, if necessary, for
escorts at sub-divisions as well as at head quarters. The staff of specialists
shall include the special detective staff or traffic staff and such other
personnel as may be authorized for particular duties not included in any other
division. The strength required for traffic duties shall be calculated on the
lines prescribed in sub-rule (2) above for watch and ward duties; other special
staff shall be calculated in strict accordance with actual duties to be
performed.
(5) Court and office duties (division D)
shal be calculated according to the actual number of posts to be filled both at
district headquarters and at sub-divisions and other magisterial headquarters
on the scale prescribed by Pol8ice Rules or other competent authority. In
addition, establishment shall be provided, on the scale prescribed in Chapter
XVIII and on the basis of the average daily number, for the escort of
under-trial prisoners to and from the Courts, and the guarding of such
prisoners in Court, at district headquarter and all other places where such
escorts are permanently required.
(6) In the calculation of fixed duties no
provision shall be made for reserves or for reliefs otherwise than as provided
in the foregoing sub-rules. Deficiencies in strength of short duration shall be
met by curtailment of duties; those of longer duration, caused by leave, other
than casual leave resignations, etc., shall be made good from the reserves
referred to in rule 2.3 below.
2-3. Reserves
– Reserves in the various ranks are fixed to provide for casualties and
training. Reserves in the ranks of gazetted officers are included in the
cadres, as fixed by the Government of Pakistan. [* *
*]. That in the rank of sub-inspectors at 15 percent of the sanctioned
number of Pakistani inspectors and sub-inspectors; that in the rank of head
constables at 14 percent of the sanctioned number of assistant sub-inspectors
and head constables and that in the rank of constable at 16.5 percent of the
number of constables sanctioned for fixed duties The strength of armed reserves
and mounted police is fixed for each district in accordance with the orders of
the Provincial Government.
2-4. Authorized
duties – In calculating establishment every duty for which proper authority
exists shall be included, and authority shall be obtained from the
Inspector-General for any duty the necessity of which can be established, if it
is not already authorized. Police shall on no account be supplies, except as
provided in rule 2-16 or for other emergent and purely temporary occasions, for
duties which are not so authorized.
2-5. Permanent
additions to the ordinary force – All proposals for the revision of
establishment shall be submitted officially through (1) the district
Magistrate, (2) Deputy Inspector General of Police, (3) Commissioner and (4)
the Inspector General of Police for the orders of Government. A proposition
statement in Civil Account Form No.5 shall be submitted in cases which relate
to a general revision of establishment or which cannot be set out clearly
without it. Proposals for minor changes in establishment are required to be
accompanied only by statement showing the increase are reduction in the annual
cost, which the proposal involves.
2-6. Method
of submitting proposal – (1) Proposals shall be accompanied by a copy of the
distribution statement – Form 2-1 and a concise and comprehensive statement
showing the object of the proposed revision and the date from which it is
intended that it shall have effect. Whenever the figures for the reserve
represent less than the percentages prescribed in rule 2-3 calculated on the
revised establishment, application shall be made for the necessary increase to
bring up the reserve to the authorized scale. In the case of proposals for the
reduction of establishment, reserves shall be similarly adjusted. The channel
of submission shall be as in rule 2-5 above.
(2) Proposals affecting upper and lower
subordinates shall be submitted on separate forms.
2-7. Initial
and annual charges – In all application for revision of establishment due
provision shall be made for initial charges of Rs.200 in the case of each upper
subordinate and Rs. 10 in the case
of each lower subordinate on account of clothing; and Rs.15 on account of beds
and boxes in the case of each lower subordinate added to the strength.
Provision shall further be made for the following annual charges:---
(1)
Clothing
allowance, at Rs. 25 for each upper subordinate and Rs. 8 for each head
constable and constable.
(2)
Equipment
allowance, at Rs. 2 for each constable and constable.
(3)
Horse
equipment allowance, at Rs.7 for each mounted head constable and constable.
(4)
Rewards,
at Rs.1 for each enrolled police officer.
(5)
Other
contingent expenditure, at 10 per cent on the salary of the pro-posted
establishment.
(6)
Other
necessary incidental expenditure, e.g.,
rent of quarters, as in the case of the railway police.
2-8. Calculating
rates of pay and grades – In calculating the cost of pro-posted revisions of
establishment the pay of appointments shall be estimated at the mean rate of
pay of the time-scale of the rank concerned. In the case of ranks for which
selection grades are authorized such proposed new appointments shall be shown
in each of such grades as may be required to maintain the authorized
percentages thereof. In the case of proposals for reduction of establishment
similar adjustments shall be made. The allotment of posts to selection grads
shall be made in districts officers for the rank of constables, in range
offices for the rank of sub-inspectors and in the Central Police Office for
other ranks.
PART II
–ADDITIONAL POLICE
2-5. Additional
Police under sections 13 and 14 – (1) Sections 13 and 14 of the Police Act V of
1861, regulate the employment of police officers at the cost of individuals,
and the appointment of police officers in the neighborhood of railways and
other works. Such police are designated “Additional Police,” whether extra
policemen in excess of the regular establishment are enlisted or not.
(2) If extra men are enlisted they shall
be deemed part of the disstrict police force and shall, if suitable and
eligible, be absorbed in the regular establishment as vacancies occur, being
replaced by new enlistments, who are subject to discharge on reduction of the
additional police.
(3) Superintendents are required to give
early information to Deputy Inspectors General of their inability to provide
for additional police coming under reduction in order that arrangements may be
made to absorb them in other districts where vacancies may exits.
2-10. General
rules – (1) Government undertakes no responsibility in respect of persons or
property protected by additional police neither shall police officers be deemed
responsible for the contents of buildings, boxed and the like committed to
their charge.
(2) Additional police shall not be
supplied to guard or escort treasure or valuable property unless proper
arrangements to the satisfaction of the Superintendent are made for its safety,
neither shall they are supplied for the protection of buildings, boxes and the
like, which are not securely locked or fasteded.
(3) The duties of the police regard to the
protection of property shall be confined to the watching of outer locks and
fastening and to the prevention of unauthorized access to them. The keys of
locks shall not be entrusted to the police.
(4) Whenever additional police are
supplied the Superintendent shall ensure that proper accommodation is provided
by the applicant.
(5) they shall be furnished for police
duties only, and in such number as the Superintendent may deem necessary in
regard to the duties to be performed, and the Superintendent shall at the same
time arrange to recover the cost as laid down in Chapter X and bills shall be prepared in form 10-21.
2-11. Additional
police supplied to private or corporate bodies – (1) Additional police applied
for by private persons, corporate bodies, or commercial companies, shall be
supplied or not at the discretion of the Superintendent, subject to the general
directions of the magistrate of the district. Applications shall be made in
Form 2-11(1) A or B according to the purpose for which they are required.
If necessary, extra police shall be
enrolled for this purpose.
(2) Additional police may got be given
under this rule without payment in full and in advance.
2-12. Requisite
police arrangements to be made at all time – Whenever police arrangement are
necessary in the interests of law and order, or to maintain the public peace,
police must be supplied in such numbers as the Superintendent of Police shall
consider sufficient, irrespective of whether a private application has been
submitted.
2-13. Supply
of police under section 13 – When police arrangements are required for the
maintenance of order, and protection of property on behalf of promotions of
private gatherings or entertainments, such as marriages, social functions, race
meetings, etc, such promoters, shall be invited to apply in form 2.11(1) A or B
for additional police at their own cost under section 13 of the Police Act. If
the Superintendent of Police, after consulting the district Magistrate if
necessary, considers such additional police necessary over and above such force
of police as he may consider sufficient on public grounds under rule 2.12
above, he shall recover from the applicatn charges on the scale given in
sub-rule (2) below, and shall supply police accordingly. Bills shall be
prepared inform 10.21.
[(2) The scale of charges referred to above is as
follows:---
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Rs.
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Inspector
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25
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Pay
day of five hours or per night of four hours.
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Sub-Inspector
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18
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-do-
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Assistant Sub-Inspector
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15
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-do-
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Head Constable
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13
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-do-
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Constable
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13
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-do-
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If the duty lasts more than five hours per
day or four hours per night, relief will be provided and double rates charged.
(3) All sums
recovered under this rule shall be credited to the “XXIII-Police collections of
payments for services rendered – Receipts on account of additional police under
sections 13, 14 and 15 of Polce Act, V of 1861,” and at the end of the month,
recovery shall be made from the treasury on special additional police pay bills
for disbursement to the actual police officers, in accordance with the
principles laid down in Inspector General’s letter No.106-S/95-4.B-27-A, dated
the 31st May 1928, namely that
remuneration shall only be given when extra duties performed involve
less than 24 hours absence from normal duty. Thus if a constable is deputed to
attend a private function, such as a wedding, which involve his absence normal
duty throughout the whole of one working day, say from sunrise to midnight, he
will be considered as having performed over-time duty and will entitled to
extra remuneration, but should the duty involve his absence from sunrise to
sunset of the following pay, he will not considered as on over-time duty and
will be entitled to no remuneration in addition to his pay. Superintendent may,
however, use their discretion in dealing with cases in which, in their opinion,
the 24 hour rule cannot in fairness be applied.
(4) In deciding when
to supply police at the public expense, and when to charge the promotors of
particular function, Superintendents shall be guided by the general principal
that the regular police establishment is required to perform all the duties of
maintaining public order, which fall within the scope of section 31 of the
Police Act. When special arrangements are necessary or desired over and above
those which the general public interests demand, the person or persons
responsible for the assembly concerned should pay for additional police. The
law does not permit of compulsion being exercised in this matter, but
Superintendents may tender their advice and indicate that no more police than
are necessary to prevent obstruction to the general public will be provided
unless paid for.
NOTE
Government
has ordered toat “if any sect requires, in religious processions orginzed by
the, the assistance of the police to main tain order, so such an extent as to
necessitate extra expenditure by bringing a larger police force together, or
otherwise, the cost should inveariably be charged to the persons requiring the
extra police protection and the same should be paid before the procession is
allowed to take place” (Home Department No. 1073 of 14th March
1978). This order does not mean that charge shall be levied for the supply of
police to processions of ancient and regularly exercise custom in cases where
the supply is not in excess of that given for a series of years, and the
practice has been to five such supply for a long period without charge.
2-14. Supply of police under section 14 – Cases
coming within the scope of section 14 of the Police Act, 1861, must be referred
through (1) District Magistrate, (2) Deputy Inspector-General of Police and (3)
Commissioner, to the Inspector-General of Police orders.
2-15. Supply of police free of charge in
emergencies – Superintendents may at their discretion supply additional police
to departments and officers of Government from the regular police establishment
in cases of emergency and for duties of a strictly temporary and non-recurrent
nature without charge.
2-16. Entertainment of and charges of extra
establishment – If the police are required for a lengthy period, application
shall be made to the Inspector-General for the entertainment of extra men with
the sanction of the Provincial Government. The charges for additional police so
supplied, when permission is given to entertain extra men, shall be in
accordance with the rules in Chapter X except that no charge shall be made for
pensions.
2-16-A.
Payment of extra cost of Police employed at fairs managed by local bodies –
Ordinarily the cost of police deputed for duty at fairs managed by local bodies
is met provincial revenues, but in the case of important fairs which bring in
profit of Rs. 5,000 or more, the travelling allowance of the police employed
and the cost of temporary accommodation and transport, etc., but not the pay ,
shall be recovered from the local body concerned.
In
the case of such fairs managed by District Boards the Superintendent of Police
shall recover the amount in direct communication with the District Board
concerned. District Boards can meet such charges under clause (a) of sub-section 2 of section 37 of the
Punjab District Boards Act, 1883.
In
the case of fairs managed by Municipal Committees, the Superintendent of Police
shall submit a detail of inch charges to the Inspector-General of Police who
will arrange for their recovery through the Ministry of Local Self-Government
under clause (d) of sub-section (1)
of section 52 of the Punjab Municipal Act, 1911. All sums recovered on this
account will be credited to Government under the head “XIII
Police–Collection of payments for
services rendered.”
2-17. Addition police under section 15 – (1)
Section 15 of the Police Act 1861, regulates the quartering of police in
disturbed or dangerous tracts. The orders contained in sub-rules 2-9(2) and (3)
apply to them.
(2) Applications for
the location of such police shall be made in Form 2-17(2). The Superintendent
making the application shall see that all the information required by the form
is filled in and shall submit it to the Inspector-General through (1) District
Magistrate (2) Deputy Inspector-General and (3) Commissioner, for the orders of
Government.
note
Application
for the exemption of individuals (as
opposed to classes) from payment of additional police tax need not be submitted
to Government through Commissioners of Divisions.
2-18. Particular to be giver in applications – (1)
Application for the location of police in disturbed or dangerous tracts shall
be accompanied by:---
(a) accurate details, as required by the
form, of the population, financial resources, criminality, etc, of the villages
concerned, and the detailed charges proposed on account of police. In the case
of proposals including several villages, the statistics of each shall be given
separately.
(b) Particulars of individuals of classes of
inhabitants, if any, whom it is proposed to exempt, with reasons for such
exemption.
(c) the tahsildar’s report as to the ability
of the community concerned to bear the charge.
(d) A full explanation
of the grounds for the proposal and the manner in which it is proposed to
employ he police asked for. When the proposal affects several villages the
explanation should make clear the grounds for including each.
(2) The strength of the police proposal
shall in all cases be sufficient to secure the objects aimed at in the
proposal, and provision shall be made for an officer in command of the
detachment of sufficient status to exercise adequate control. If the financial
capacity of the community is insufficient to pay for a force which can exercise
effective control, other methods such as action under the preventive sections
of the law [or under the Criminal Tribes Act] must be resorted to.
2-19. Location of additional police under section
13 – When a notification appears in the Punjab
Gazette ordering the location of an additional police post in a disturbed
or dangerous area, the Superintendent concerned shall, on receipt of such
gazette, take immediate measures, for the establishment of such post, and shall
report to the Inspector General, the date on which it is established, sending
copy to the District Magistrate concerned.
2-20. Rules for additional police posts – (1) The
Superintendent shall frame rules for the guidance of the additional police,
with special reference to the object for which they are located, and shall
define the local area of the post. Such rules shall be submitted through the
District Magistrate to the Deputy Inspector General of Police for approval.
(2) An additional police post shall be
considered an outpost subordinate to the police station in the jurisdiction of
which it is situated.
2-21. Continuance of additional police – (1)
Recommendations for the continuance of an additional police post for a further
period shall be submitted in Form 2-21(1) through the channel prescribed in
sub-rule 2-17(2), so as to reach the Deputy Inspector General at least two
months before the date when sanction for the post is due to expire.
(2) Full reasons for the continuance of the
post shall be given, and a note of all crime committed within the jurisdiction
since its establishment shall be included.
2-22. Additional police reserve – (1) the parties
charged with the cost of additional police enrolled under sections 13, 14 or
15, Act V of 1861, must also pay the cost of a reserve calculated at one-sixth
of the number of constables required for fixed duties. This charge nable a
reserve to be maintained against casualties in the additional police, which
would otherwise throw an undue burden on the contingency reserves of the
regular force.
(2) A reserve, equal to one-sixth of the
total number of additional police constables sanctioned in each district from
time to time shall be enrolled and kept at the headquarters of the district.
This reserve must be increased or reduced proportionately to increases and
decreases in the strength of additional police.
(3) Deputy Inspector General are authorized
to control the additional police reserves of all districts in their ranges,
utilizing reductions in one district to meet increases in another, or providing
trained men for newly sanctioned additional police detachments by transfer from
reserves of other districts, the men so transferred being replaced by new
enrolments in their district.
(4) Deputy Inspector General shall arrange
for a careful check in their offices of impending fluctuations, and no
reduction of additional police reserves shall be carried out by Superintendent
without a prior reference to the Deputy Inspector General.
(5) When a force of additional police is
enrolled for so short a time or is so small that a reserve is unnecessary, no
reserve constable shall be enrolled and the surcharge of one-sixth shall not be
made.
2-23. Extra kits for additional police – The
Deputy Inspector General may sanction a fixed number of extra kits and
sufficient equipment to be permanently maintained in each district for
additional police. Expenditure under this rule shall be charged to the Clothing
and Equipment Fund.
2-24. Thikri
pahar and Special police under section 17 – (1) In any village in which
crime is prevalent the Superintendent of Police may approach the district
Magistrate to introduce the provisions of the Village Patrol Act No. VIII of
1981. It must be borne in mid, however, that thikri pahra essentially and emergency as opposed to and every day
routine measure, When imposed on villagers as a continuous routine it becomes
irksome and is consequently perfunctorily performed. The compulsory provisions
of Punjab Act VIII should only be employed as last resource.
(2) When in any place or part of a district
conditions exist or are apprehended such as are described in section 17, Act of
1861, the Superintendent of Police Shall approach the District Magistrate for
the appointment of special police under that section.
(3) Non-officials employed for purposes of
maintaining order and on the duties of special polce shall ordinarily be
enrolled under section 17, Act V of 1861, but, where a sudden crisis renders
recourse to assistance from the ordinary civil population a matter of immediate
necessity in the public interest, the aid of respectable and trustworthy
persons may be enlisted forthwith in the maintenance of law and order without
enrolment, if the danger and urgency of the situation, in the opinion of the
District Magistrate, justifies their employment without the formality of
enrolment.
The
rules regarding enrolment, discipline, etc., of such special police are given
in Appendix No. 2-24(3).
APPENDIX No.
2-24(3)
RULES FOR THE
ENROLMENT AND EMPLOYMENT OF POLICE OFFICERS
1. When the entertainment of special
police officers becomes necessary, or desirable, efforts should be made to
appoint volunteers under section 17 of the Police Act (V of 1861) up to the
numbers and in the various ranks required. No unwilling person should be
appointed unless sufficient volunteers cannot be found.
2. Under section 17 of Act V of 1861,
residents of a disturbed area may be appointed special police officers of any
rank, but no such police officers shall be appointed to a rank equal to that of
the senior officers of the regular police present on the spot.
3. Special police officers shall be
subordinate to, and be under the orders of, the senior officer of the regular
police present on the spot.
4. Special police officers should
ordinarily be chosen from among the respectable, loyal, and influential persons
of the neighbouhood whose authority is likely to be respected by the masses and
who are likely to use their influence to prevent disturbances. It is not desirable
ot choose ring-leaders of contentious factions unless such ring-leaders are
really influential persons and in no case should a special officer be appointed
as a punitive measure.
5. When special police officers are
appointed, the more influential and useful from amongst them may be appointed
to senior rank above the others, and be required to enforce discipline as laid
down in police rules among the special police officers appointed under their
command.
6. Whenever possible special police
officers of good social standing should be encouraged to bring with them their
tenants and dependants, who will ordinarily be enrolled as special police
officers of the lower subordinate grades, a post being to the special police
officer through whose agency the lower subordinates are enrolled, subject to
the provision of rule 2 foregoing.
7. Special police officers of the lower
subordinate ranks will ordinate may, with ordinarily be armed with batons or
lathis at the discretion of the Superintendent of Police.
8. An armlet or brassard with the letter
S. P. and Serial No. should be issued to such special police officer other than
those appointed to rank as upper subordinates.
NOTE. Special police officers of the rank of upper
subordinate may, with advantage, be given a Sam Browne belt with a revolver or
sword if such articles are available.
9. A
special police officer of the rank of upper subordinate will be entitled to
receive all courtesies due to an officer of his rank, but his authority will
extend only to special police officers under his orders and not to officers of
the regular police. Influential persons of superior social standing who may be
enrolled, should, as a rule, be employed on staff and supervising duties and
given relatively higher rank than others of lower status similarly enrolled.
Such persons should not have menial or unreasonable duties assigned to them,
but the object should be to employ them in the manner best suited to make their
personal influence effective.
10. Discipline – The requirements in this
respect should usually be light. Any conditions of the office which might be
regarded by local residents as offensive and unnecessarily irksome should not
be insisted on. Physical drill, for instance, would in most cases be
inappropriate and the saluting of petty officers unnecessary, while parades or
attendance at the police station, when necessary, should be so regulated as to
cause as ltitle inconvenience as possible.
11. A
copy of sections 17 to 21 inclusive of Police Act (V f 1861) and also a copy of
rules relating to the enrolment, etc., of special police officers shall be
given to each special police officer as soon after enrolment as may be
possible.
12. Superintendent
of Police entertaining special police will arranged for their feeding by the
purchase and distribution of food according to the following scale:-
1-1/2 lbs. atta, or in
lieu rice 1-1/2 lbs.
4 oz. dhal.
4 oz. fresh meat (or in lieu 4 oz. gur).
1/2
oz. tea.
1/2
oz. salt.
2 oz. ghee.
1 oz. gur.
1-1/2 lbs. fuel.
Spices 1/6 oz. chillies
1/6 oz. turmeric or 1-1/2
oz. in all as available.
1/6 oz. garlic
or by a cash payment of the cost of these
articles at a rate to be notified by the Inspector-General when special police
are entertained.
Form No. 2-1
Police
Department ______________ District
Distribution
statement of the __________________________________________________________
district as
sanctioned by
inspector general of police on _____________________.
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6
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7
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8
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9
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10
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12
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13
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Serial No.
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Name of Police Station or Post or Description of
Duty.
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European
Inspectors
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Indian
Inspectors
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Sergeants
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Sub-Inspectors
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Assistant
Sub-Inspectors
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Head
Constables
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Foot
Constables
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Mounted
head constables
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Mounted
constables
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Total
of all grades
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Remarks
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
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A.
CANTONMENT AND CITY POLICE.
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* Division A, (a) is the Investigation and Station
house staff including telephone orderlies, detectives, permanent lock-up
guards, etc.
(b) is the watch and ward staff.
+ Serial No. 17–Detail, Serial No. 18–Detail,
Serial No. 19–Detail, Serial No. 20–Detail, Serial No. 23–Detail
Note:
– All duties of a regular by recurring nature are classed as “Fixed Duties” and
should be included under heads B,C and D
FORM No. 2.5
FOR SPECIMEN SEE FORM No. 5 CIVIL ACCOUNT CODE.
--------------
FORM No. 2.11 (1) A.
FORM OF APPLICATION FOR POLICE ASSISTANCE AT PUBLIC OR
PRIVATE ENTERTAINMENTS AND FUNCTIONS.
To,
The Superintendent of Police,
Dated
Dear
Sir,
I BEG to request that I may be
provided with police assistance on the occasion of a
____________________________________which will take place at _________________________
on ____________________between the hours will be about
____________________________ and the number of vehicles to be handled by the
police will be about ________________________.
I promise
to pay for the services of the police supplied according to the scale of
charges which has been fixed by the Inspector General of Police with the
approval of Provincial Government.
Yours faithfully,
Note.- Copies of the scale of charges approved
by Government can be obtained on application.
FORM No.2.11 (1) B.
APPLICATION FOR ADDITIONAL POLICE.
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Police
Department.
Foil
No.
(
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Additional Police required for private persons or
corporate bodies.
District. ______________
Dated________________
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___________ District.
Counterfoil
No.
(
)
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Name
of Application ___
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Designation___
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Residence___
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Name of Applicant___ Designation ___
Residece__
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This note is to be printed on the back of the
counterfoil of the forms printed for actual use.
NOTE FOR INFORMATION OF APPLICANT
Duties for which required
1.
The
Police Department invariably considers the application to include protection
for the day as well as for the night, unless it is specified to the contrary.
2.
The
amount charged will be the amount
specified in the accompanying bill.
3.
Applicants
should given under the following heads particulars of what is to be
protected, and should state when and where the police are required, whether
they are to be employed at one or more fixed points or whether they are
required for occasional escort duties.
Building
___ Number and position, ___
whether occupied ___ whether they contain valuable property,___ whether
securely fastened.
Work
required.___ Description and value
of property, ___ whether protection is needed inside as well as outside.
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Stores in
deposit.___ Where placed, ___ description,___ value, ___
how secured.
Treasure.___
Average value, ___ where placed,
___ how secured.
Stores in
transit.___ Description,___ how
carried, ___ value, ___ where going, ___ by what means of transit.
Miscellaneous
property,___ position, ___ description, ___ value,___
whether in transit or deposit ___ how secured.
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For
what purposes required
Strength fixed by
Police Officer
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Cost,
Rupees
See
Bill No.
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Form No. 2-11 (1) B – concluded
4. PROPOSED STRENGTH AND COST OF ADDITIONAL
POLICE
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Serial No.
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Strength
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Annual cost
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Rs.
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a. p.
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 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
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17
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Note:- (1) The hutting charges should be calculated
so as to include not only the actual rent paid for the quarters occupied by the
police, but also the cost of repairs, white washing and petty alterations to
the buildings.
(2) No charge on
account of pension is made for police supplied to departments of Government.
(3)
For periods of less than 12 months, annual charges for clothing and equipment
will be levied on the following scale:-
Less than 1 month … … … No charge.
From 1 to 3 months … … … 1/4 charge.
From 3 to 6 months … … … 1/3 charge.
From 6 to 9 months … … … 1/2 charge.
From 9 to 12 months … … … Full charge.
(4)
Initial charges shall only be made when extra police are entertained, and such
charges shall be at full rates.
(5)
IN those cases (for instance, guards supplied to the Imperial Bank of India) in
which a fixed number of additional police are supplied throughout the year and
the accounts are adjusted monthly, the charges for clothing, equipment and
rewards shall be calculated at on-twelfth of the annual rates.
FORM No. 2.17 (2).
POLICE DEPARTMENT. _________________
District
APPLICATION FOR THE
QUARTERING OF ADDITIONAL POLICE IN
DISTURBED OR DANGEROUS
AREAS.
1. Village _____________________, Police
Station ________________, distance and direction from Police Station
________________, land revenue Rs.__________________________ Canal rates Rs.
___________________________, Population
Male/Female ______________, Court
house _____________________, Patwar Khana _________________, post office _____________.
2.
Figures showing criminality of village __________________________________.
(a)
Number and description of offences committed in the village during the
last three years ___ (Vide Register
No. 1).
(b)
Number and description of offences traced to the village during the last
three years. For definition of words “ cases traced to the village” see rule
22.59 (1).
(c)
Number of residents of such village under Police Surveillance (Register
No.X).
(d)
Total number of convictions recorded in Register No. IX, Part V, against
residents of the village.
(e)
Percentage of convictions column (d)
to population.
3.
Additional police posts located in the district during the past 3 years.
Village____________ ---
From---
to____________________________________
4.
Proposed strength, cost and period of location of the additional police
posts:---
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Serial No.
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Strength
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Annual cost
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Rs.
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a. p.
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 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
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17
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Note;- (1)
The butting charges should be calculated so as to include not only the
actual rent paid for the quarters occupied by the Police, but also the cost of
repairs, white washing and petty alterations to the buildings.
(2) For periods of less than 12
months, annual charges for clothing and equipment will believed on the
following scale:-
Less
than 1 month … … … … No
charge.
From
1 to 3 months … … … … Do
From 3 to 6 months … … … … Do
From
6 to 9 months … … … … Do
From
9 to 12 months … … … … Do
5.
Period for which the post is recommended.
6. Opinion of the Tashildar as the cost
of the post not being excessive in reference to the revenue and prosperity of
the of the village (the description, strength and cost of municipal or village
police already existing in the place should be mentioned.)
7. Grounds of application –
(To
be followed by opinion of District Magistrate, Deputy Inspector General of
Police and Commissioner in that order.)
FORM No. 2.21
(1)
APLICATION FOR
THE CONTINUANCE OF ADDITION AL POST.
Police Department. _____________ District
Application for the continuance of the
additional post established under gazette Order
No._______________________________ of ___________________________________.
At
the village of in
district.
Commencing
on the of 19 .
Terminating
on the of
19 .
Period
o extension proposed .. ..
Strength
of post proposed .. ..
Cost
of proposed post for full period of extension.
Report
by the Superintendent on the result of the location of the post and statement
of the grounds on which it is proposed to continue the post. (After this report
and statement, the opinions of the District Magistrate, the Deputy Inspector
General and the Commissioner will be recorded in that order).
CHAPTER III-Buildings
General rules
3-1. References
to Government regarding buildings – All references to Government regarding
buildings shall be accompanied by the opinion of the Superintendent concerned
and that of the Deputy Inspector General.
3-2. Standard
designs – As far as possible the standards designs for various buildings, as
approved by Government, shall be adhered to. Such designs may be obtained for
reference from the Public Works Department or from the offices of the range
Deputy Inspector General.
3-3. Lock-ups
and other subsidiary buildings not police buildings – (1) Judicial lock-ups,
other than those situated in tahsils or district courts, and all subsidiary
buildings connected with them, including police guard rooms, are judicial
buildings. Mortuaries are under the control of Medical Department, Lock-ups and
subsidiary buildings situated in tahsil and district courts are revenue
buildings. Necessity for repairs or alterations to buildings of these two
classes should be brought by the Superintendent of Police to the notice of the
District Judge Deputy Commissioner, respectively.
Places of worship on police premises – (2)
No place of worship or other building, not being a Government building, shall
be erected by members of the police force or other persons in the police lines
or other police premises without the sanction of the Provincial Government
obtained through the Inspector-General. A list of all such places of worship
(including praying platforms) on police premises, giving dimensions, area,
boundaries and a brief history shall be maintained in each district and in the
offices of Deputy Inspectors-General. No additions or enlargements to such
buildings or encroachments on Government land shall be permitted without the
sanction of the Provincial Government.
3-4. Classification
of work – (1) All references regarding building should be made under one of the
following heads:---
(a) Major
Works – Include all original works costing more than Rs. 1[25,000]
(b) Minor
Works – Include all original works costing not more than Rs. [25,000]
(c) Special
Repair – Include all repairs which can not be considered as coming under
sub-head (d).
(d) Petty
Construction and repairs.- Include
all ordinary periodical and petty repairs and all construction carried out by
daily labour or by contract under the orders and supervision of the
Superintendent.
(2)
Separate
reference shall be submitted regarding each separate project or work.
Rs.
Superintendent of Police. [
* * * * * ]. … 2,000
Deputy
Inspector General, [Commandants,
Punjab Reserve Police
and Police Training College, Sihals.} … 5,000
Inspector General. … 10,000
(2) This authority extends to both
residential and non-residential buildings, but does not extend to,---
(i) The
execution of words whether skilled civil engineering supervision required.
NOTE
Such supervision is not considered necessary in the
case of simple works which can normally be entrusted to skilled artisans
employed by the Police Department.
(i) The
construction of buildings for head quarter offices.
(ii) The construction of works in connection
with residential buildings for which capital and revenue accounts are
maintained (e. g, gazetted officer’s
houses) and all new residential buildings.
(iii) The construction of such works as the
Finance Department may call upon the Public Works Department to execute.
NOTE
(1)
Before
works under this order are executed the administrative approval of the
competent authority must be obtained.
(2)
An
up-to-date record of expenditure against sanctioned estimates shall also be
maintained.
3-14. Payments
on account of petty construction and repairs – (1) When petty construction or
repairs are carried out through a contractor, detailed estimates and, where
necessary plans shall be insisted upon. Portions of the total sum sanctioned
for the work may be advanced on receipt vouchers (from 10-33 (1)) obtained from
the contractor, but no second advance shall be given until the Superintendent
is satisfied that reasonable progress has been mad with the work, and final
payment shall not be made until the work has been thoroughly checked by a
gazetted officer or inspector. Such officer shall satisfy himself that the work
has been completed in every respect as to quality and quantity of materials and
the extent of the work, according to the estimate.
(2) When
money is allotted to police officers for carrying out work under their own
supervision, advance payments up to the full sanctioned sum may be similarly
made, on the receipt of form 10-33(1) of the police officer concerned, acting
in the capacity of contractor, but for purposes of departmental check a
detailed account in Form 3-14 (2) of actual expenditure on labour and materials
shall be submitted. The work shall be thoroughly checked at the ealiest
opportunity by a gazetted officer or inspector with this detailed account, and
such officer shall satisfy himself that thework has been executed and the money
actually disbursed in accordance therewith.
3-15. Rents
treated as police contingent charges – The rent of any building or land hired
for public purposes shall be paid under the authority of the Inspector-General.
A certificate from the Executive Engineer, as required by clause 15(a) of
Appendix 5 of the Civil Account Code, shall be attached to the contingent bill
containing the first charge in each year. Buildings rented as residential
quarters shall be placed in charge of the Public Works Department and their
rent shall be met from the Public Works Department budget, vide, paragraph 484
of the Public Works Department Account Code.
3-16. Payment
of rent to other departments – The police department shall not pay rent to
another department of Government for land or building, except the commercial
departments as mentioned in paragraph 1(B) of Appendix 6, Civil Account Code.
3-17. Supplementary
certificate to be signed by officers on assumption of office regarding rent of
residential buildings – All officers occupying residential buildings leased by
Government should satisfy themselves that the buildings have been brought on
the books of the Executive Engineers concerned, who are responsible for
recovering the rent from the occupants and paying it to the land-lord and also
for letting such buildings to new occupants. When it becomes necessary to
negotiate for, and to draft new leases in respect of, residential buildings,
the Executive Engineer should invariably be consulted, as he will be
responsible for seeing that the lease is properly signed and duly registered.
In cases where a building leased or rented
by Government for the residence of a police officer is used partly as an office
and partly as a residence, or Vice Versa,
the full rent shall be paid by the Executive Engineer and charged to the minor
head “Repairs”. The rent of the portion used as an officer shall be adjusted by
book transfer by credit to Revenue and debit to the contingent grant of the
Police Department.
When an officer takes over charge of an
office, entitling him to occupy a residential building leased or owned by
Government, he should, apart from the usual charge certificate on assumption of
office, sign a supplementary certificate starting that he becomes responsible
for the rent of a particular building from a given date. There relieved officer
should state similarly that his responsibility for the rent has ceased. A copy
of this certificate should be sent to the Executive Engineer as well as to the
officers to whom copies of the charge certificate are sent. If an office does
not carry with in any responsibility for the rent of a building the
supplementary certificate will be blank and will be signed with a line drawn
across it. In cases where the relieving officer has not to occupy the building,
the responsibility of the relieved officer for rent will not cease until he has
furnished the above certificate and has handed over the key to the Executive
Engineer concerned.
3-18. Other
accommodation for office – (1) When, in consequence of no suitable public
building being available, a police officer provides accommodation for his
office in his private residence, that proportion of the rent which is assessed
by the Executive Engineer as being the rent of the accommodation occupied as an
office may be claimed from Government.
(2) When
a Superintendent of Police allots accommodation (other than a mere open
varandah) in his residence as a waiting room for visitors on official business,
the Inspector-General may, if satisfied of the suitability of such
accommodation, sanction the payment by Government of the rent of the waiting
room and the rent of the room in which visitors are received. The assessment of
the portion of the rent to be paid by Government and its payment to the
land-lord will be arranged by the Executive Engineer.
[3-19. Provision
of married quarters – Government is under no obligation to provide free
accommodation to Police Officers of any rank. If Government accommodation is
Provided their families, rent will be charged at the rate prescribed by
Government from time to time. The accommodation in barracks shall be treated as
duty accommodation and no rent shall be charged be for it].
1[3-20 and 3-21] Omitted.
3-22. Disposal
of claims for family quarters or house rent allowance – In determining the
priority of claim for family quarters or for the grant of house rent allowance,
the Superintendent of Police shall be guided by the following consideration in
the order given below:---
(a) The length of service of the applicant;
(b) the general conduct of the applicant;
(c) the permanency and nature of his duty at
headquarters;
(d) the number of members of his family
(wife, sons and daughters only);
Provided
that no allowance shall be granted unless,---
(i) the
house is within reasonable distance of the applicant’s place of duty;
(ii) a superior officer, not below the rank
of sub-inspector, certifies monthly that the wife (and family, if any) of the
recipient of the allowance is residing with him, and that no official quarters
are availabale.
1[3-23] Omitted.
3-24. Rules
regarding installation of electricity in police buildings – (1) All proposals
for the installation of electric lights and fans in non-residential buildings
shall be submitted, accompanied by a rough plan showing where the lights and
fans are to be installed and a rough estimate or the cost involved, to the
Deputy Inspector-General who will accord administrative approval if the cost
involved does not exceed Rs.5,000/-, otherwise he will forwarded the proposal
to the Inspector-General for administrative approval. When the proposal has
been approved, the Electrical Engineer to Government shall be asked to prepare
detailed plans and estimates with a view to the allotment of funds.
(2) Proposals
for the installation of electric lights and fans in residential buildings shall
also be submitted, accompanied by a rough plan showing where the lights and
fans are to be installed and a rough estimate of the cost involved, to the
Deputy Inspector-General who will obtain the administrative approval or the
Electric Engineer to Government if the cost involved does not exceed Rs.100;
otherwise he will forwarded the proposal to the Inspector General for obtaining
the administrative approval of the Provincial Government in the Public Works
Department.
Electric installation shall not ordinarily
be provided in quarters, whether married or single, of assistant sub-inspectors
and head constables, or in married quarters of constables.
[3-25] Omitted
3-26. Police
Rest – houses – (1) When police rest-houses are not being occupied by officers
of the department, they may be used by gazetted officers of any other
department, and by a District Engineer, whose duties require them to visit the
localities in which such rest-houses are situated on the understanding that an
officer of the Police Department has a prior claim to the accommodation
available. The occupation of police rest-houses extends only to an officer and
his wife and not to their family or members of their party without the written
permission of the Superintendent of Police concerned, and then only on the
understanding stated above. 1[Besides charges for Electricity etc.,
rent per-room shall be charged as Rs. 30 per diem].
(2) A
list of the furniture and other articles, supplied for the use of the
buildings, shall be hung in every police buildings, and shall be countersigned
by the Superintendent.
3-27. For
rules regarding the occupation of Public works Department rest houses see
Punjab Public Works Department, Buildings and Roads Branch Manual of Orders,
Chapter 9.
3-28. Register
of police lands – A register in form 3.28 shall be maintained by each
Superintendent of all land which is Government property occupied by the police,
showing the exact area of each plot so occupied. The register should give the
exact measurement and boundaries, and, in the case of rural lands, the khasra numbers. Officers in immediate
charge of the properties in question are required to check periodically the
entries in the register, and to report atonce any instances is which
encroachments have been made.
NOTE
In accordance with the rules of the Public Works
Department at title deeds of houses or lands purchased for public works
purposes are deposited with the Deputy Commissioners of the district in which
such lands or buildings are situated.
[3-29] Omitted
CHAPTER–Iv
Clothing
4-1. Specification
of uniform – [Uniform
for officers of the Police. For the purpose of uniform the Police Service of
Pakistan (Uniform) Rules, 1952, and for the purpose of Decoration and Medal
Schedule to the Decoration Act, 1975 (Act XLIII of 1975) shall apply].
4-2. Muster
patterns – (1) Muster patterns of all material and articles of clothing
prescribed for enrolled police officers will be supplied by the Inspector -
General, at the time of approval of such patterns, to 1[“Each
Superintendent of Police, commandants Police Training College Sihala and Punjab
Reserve Police and Incharge Police Recruits Training Centers]. A label bearing
the name of the article and a reference to the order sanctioning its issue
shall be firmly attached by the seal of the Central Police office to each
pattern so issued. Similar sealed muster patterns will be supplied by the
Inspector - General to firms for each article which they are authorized to
supply.
Deputy Inspector - General shall inspect
sealed patterns and satisfy themselves that they are of the latest issue and
that obsolete patterns have been destroyed or sold.
(2) No
changes shall be made in the pattern or material of any article of uniform
prescribed for police officers except under the orders of the Inspector -
General.
4-3. Modifications
permitted in regulation uniform – Detailed instructions regarding the wearing
of uniform by gazetted officers and the modifications in the standard kit,
which are authorized by the Provincial Government, are contained in Appendix
4-3. Police officers are not permitted to wear as uniform any article of
clothing, which is not authorized in this chapter and its appendices, but,
subject to this proviso, the dress worn on different occasions may be varied by
the order of the Superintendent of Police, within the limits prescribed in rule
4-4.
4-4. Uniform
to be worn on all duties – (1) Police officers of all ranks shall wear uniform
on all parades and on all duties of a ceremonial nature or which involve the
exercise of their powers as police officers; provided that this rule shall not
apply to police officers specifically deputed on plain cloths duty. The wearing
at any time of a mixture of uniform and plain clothes, or of unauthorized
various of uniform, is absolutely prohibited.
(2) The
nature of uniform to be worn on duty shall be regulated by the order of the
Superintendent of Police according to climatic conditions and the nature of the
duty, subject to the rules in this chapter and its appendices, and provided
that all men parading or proceeding on duty together shall be clothed alike.
Deputy Inspectors-General shall require that the spirit of these orders be
observed, but should not otherwise limit the discretion of Superintendent.
(3) These
orders apply strictly to police officers exercising their legal powers in rural
areas. The protection of section 353, Pakistan Penal Code, shall not ordinarily
be afforded to any police officer who may be assaulted, unless the
Superintendent of Police is satisfied that such officer was at the time
properly dressed in an, authorized uniform and equipment. For all duties
performed in the public view police officers of all ranks shall be so turned
out that there can be no possibility of mistake as to their being police
officers. For such duties through the comfort of officers and men in climatic
and other circumstances must be considered, smartness shall not sacrificed.
(4) Officers
and men appearing in Courts of law as prosecutors, witnesses orderlies or
escorts, and clerks on duty at city, cantonment or civil lines police stations,
shall wear uniform. Other officers shall not ordinarily wear uniform on office
duties.
(5) Police
regulation uniform shall not be worn at fancy dress balls, nor shall such
uniform be lent for use or worn by their owners in dramatic performances or
other entertainments. There is, however, no objection to uniform of obsolete
pattern being worn on such occasions.
4-5. Grant
for the purchase of uniform, Saddlery and horses – The following grants fo the
Purchase of uniform and of a horse and saddlery when an Officer is required to
keep a horse, have been sanctioned by Government for Gazetted Officers of the
Police Service of Pakistan and the Provincial Police Service.
|
Officers
|
Uniform
|
Horse and Saddlery
|
|
1. Police
Service of Pakistan Officers directly recruited and promoted from the
Provincial Service.
|
Rs. 15,000
|
Rs. 600 (When
required to keep a horse)
|
|
2. Provincial
Police Officers (Deputy Superintendent of Police)
|
Rs. 500
|
Ditto
|
(2) (i) An officer on appointment to the
Police Service of Pakistan shall be entitled to receive an initial grant of Rs.
1,500/- and, if he applies for it loan of the same amount to enable the Officer
to acquire the full kit. The loan will be recovered in 36 equal installments
commencing from the month following the month in which it is drawn with an
additional installment for recovery of interest.
(ii) At intervals of 3 years from the date of
appointment or from the date on which the uniform is first maintained,
whichever is later, a P.S.P. Officer shall be entitled to a renewal grant of
Rs.300/- for summer uniform.
(iii) At intervals of 7 years from the date of
appointment or from the date on which the uniform is first maintained,
whichever is later, P.S.P. Officer shall be entitled to a renewal grant of
Rs.250/- for winter uniform.
(3) The
P.S.P. Officers who were in service on 23rd August, 1965 would fall
in the following three categories and would be paid renewal grant in the manner
described below:---
(i) Those who had not at all drawn the old
renewal grant of Rs.350/- before 23rd August, 1965 as they had not
completed 10 years service;
(ii) Those who had drawn the old renewal
grant of Rs. 350/- more than three years before 23-08-1965 and;
(iii) Those who had drawn the old renewal grant
of Rs. 350/- within three years before 23rd August, 1965.
Officers of the first two categories may
be paid the renewal grant (both summer and winter uniform) as on 23rd
August, 1965. This means that the grant made after 23rd August, 1965
should be deemed to have been made on 23-08-1965 for the purpose of counting
subsequent spells of 3 and 7 years. The Summer uniform grant of Rs. 600/-
should be repeated every three years and the winter uniform grant of Rs. 1,500/-
should be repeated every seven years counting from 23rd August,
1965. Officers of the theirs category should be paid the renewal grant in the
manner described as under:---
(a) In lieu of the summer uniform grant of
Rs. 600/- they should be paid Rs. 250/- on the date on which they completed
three years since they draw the old renewal grant of Rs. 350/-. Thereafter they should be paid grant
of Rs. 300/- at intervals of three years.
(b) The winter uniform grant of Rs. 1,500/-
should be paid to them as on 23rd August, 1965 and repeated every 7
years counting from that date.
(4) (i) An Officer on appointment to the
Provincial Police Service of West Pakistan shall be entitled to received an
initial grant of Rs. 500/- and, if he applies for it, a loan of grant the same
amount to enable the Officer to acquire the full kit. The loan will be repaid
by him in 36 equal in almost commencing from the month following the month in
which it is drawn with an additional installment for recovery of interest.
(ii) At intervals of three and seven years, a
Provincial Police Officer shall be entitled to a grant of Rs. 200/- and Rs. 350/-
for renewal of summer winter uniforms respectively. The period of 3 years and 7
years will be calculated from the date on which the first grant was drawn
before 9-4-66.
(5) The
Provincial Police Officers in service on 9th April 1966 would be
paid renewal grants in the manner described below:---
The period of 3 years (for summer uniform
and 7 years (for winter uniform) will counted from the date on which the last
grant of Rs. 200/- under the old rule was drawn and if such a date falls before
9th April, 1966, the grant will be payable on 9th April,
1966 and not at any earlier date.
Note
– The enhanced initial outfit grant
and grant for the periodical renewal of uniform in respect of the Provincial
Police Service Officer takes effect from 9th April, 1966, without
retrospective effect.
(6) The
grant to both Police Service of Pakistan and Provincial Police Service Officers
for horse and saddlery is renewable at intervals of seven years. Provided that
no Officer who is due to retire within next five years or who holds
administrative post for which maintenance of a horse is not essential, is
eligible to receive a grant for the purchase of a horse and saddlery.
(7) It
is discretionary with the Provincial Government to with old the grant for the
horse and saddlery and also the grant for uniform from any officer who is due
to retire within next five and two years respectively.
Note
1 –
Before a Police Officer is allowed to draw an allowance for the renewal of his
uniform a certificate to the effect that his uniform and equipment have been
maintained in good order and condition, shall be furnished to one Audit Office
concerned by his immediate Controlling Officer for purposes of audit. In the
case of Superintendent of Police, the certificate shall normally be supplied by
a Deputy Inspector - General of Police and in the case of a Deputy
Superintendent by the Superintendent of Police Incharge of the District Unit
which he is serving.
Note
2 –
The renewal of the uniform grant to an Officer promoted from the Provincial
Police Service to the Police Service of Pakistan shall be payable at the rate
admissible to Police Service of Pakistan Officer and from the date when the
renewal grant originally fell due, as if the Officer in question had not been
so promoted.
(8) Every
application for renewal of the grant of account of horse and saddlery must be
accompanied by a certificate stating that a charger is being maintained and has
ordinarily been maintained for a total period of seven years from the date the
charger was first maintained.
Note
1 –
In application for the renewal for uniform and horse and saddlery grants, the
date should be one from which uniform and horse was first maintained.
Note
2 –
In reckoning the period of seven years for the renewal of the grant for the
purchase of a horse the word ordinarily used in Rule 4-5(8) should be taken to
cover period of leave during which a horse has not been maintained.
1 Khaki Pagri.
1 Khaki Fringe
1 Khaki Kullah.
2 White vests.
1 Pair of white canvas shoes. For Teargas
Squad.
1 Durree.
1 Mosquito Net.
1 Haver Saeck.
1 Water Bottle.
1 Pair of shirts.
The extra beret, shit and pair of slacks
shall be withdrawn on a man’s transfer from the reserve for issue to his
relief. The shirt and pair of slacks if found unserviceable at the time of
their surrender shall be sold as old stores. In the case of a man posted in the
tear gas smoke squad the two most serviceable of their three issues of shirts
and slacks, which a man will possess while in the squad, shall remain on his
transfer from the squad as part of his full kit, the least serviceable issue
being without to be sold as old stores.
(b) The upper subordinates posted to
reserves shall be issued with one extra beret one gray cotton shirt and one
pair of Khaki drill slacks provided that they served in such posts for a period
of at least four months in any one financial year.
(2) I
extra clothing authorised by this may be maintained in districts on aescal
sufficient for the 1st and 2nd reserves.
(3) Every
directly appointed probationary upper subordinate shall be supplied at the
Police Training College with full uniform every article of which shall be
inspected by the Commandant or a gazetted officer. He will also be supplied
with the articles mentioned in para 4(a)
below.
(4) (a) All upper and lower subordinated deputed
from districts to the Police Training College shall take with them their full
uniform and the following articles will be issued to them in their districts at
government expense.
|
Khaki safa
Mazri shirts
(in P. R. Khaki)
Bush Shirts (for U/s)
Khaki Pattis (for H.Cs and U/s)
Thik knitted vests
Safa fringe
Cotton vests (white
Half patti (Cotton and footless woolen)
Khaki shirts
Kullah
Breeches (to H.Cs deputed annually to
the P.T.C for Intermediate Class).
(To directly appointed pprobationary
u/s) White Canvas Shoes.
Cotton Stockings
Beret
Grey Cotton shirts
|
1
2
2
1
1 (Winter Season only)
1
2
1 Pair
2
1
2 Pairs
1 Pair
1 Pair
1
2
|
(b) In the case of students of the drill
instructors class detained temporarily at the Police Training College as
Assistant Drill Instructors (on district strength) a second issue of any of all
the extra articles mentioned in clause (a)
above, shall be made by superintendents of Police at the request of the
Commandant, Police Training College, irrespective of the normal periods of wear
prescribed by Police Rule 4-11 (1).
(c) The under mentioned extra articles of
uniform will be issued additional to normal kit to Head Constables on the drill
staff of the Police Training College and to all lower subordinates employed in
the drill staff at Recruits Training Centres:---
|
Puttis Wollen (to the Assistant Riding
Master)
Khaki Kullah
Physical Training Vest (Thin)
Physical Training Vest (Thick)
Socks
Belt Waist Black (Leather
Chevrons
Beret
|
1
1
1
1
2 Pairs
1
1 Pair
1
|
|
Officers
|
Uniform
|
Horse and Saddlery
|
|
Silver buckle
Whistle with lanyard
Shoulder Badge (Police)
Shalwar blue flat
*Peak Cap with Badge
Dopata light blue 2 yards
*Cross Belt
* Leather belt number plate
*Cap blue China Style with badge
Shoulder Badge (Mohafiz)
Name Plate for U. S.
|
1
1
2
2
1
2
1
1
1
1
1
|
To
be replaced in accordance with P.R. 4-6(1(b)
1
Year
2
Years
1
Year
10
Years
10
Years
1
Year
|
4-6. Free
issue of articles of uniform and equipment to upper subordinates – (1) Upper
subordinates of first appointment, or first promotion to that status except
office Superintendent / Head Clerk, Head Constable promoted to officiate as
Assistant Sub-Inspector shall be provided at the expense of the clothing and
equipment funds with a free issue of uniform and equipment at the following
scale:---
(a) Initial issue of two khaki coats, two
bush shirts, two shorts and one of every standard article of clothing and
equipment as prescribed in Part IV of Appendix 4-1. Other option articles of
uniform authorised by rule 4-3 may also be supplied. [Provided
that initial annual expenditure per head for an upper subordinate shall not
exceed Rs. 1,490.95 and recurring expenditure for upper subordinate per annum
shall not exceed Rs. 275.49 paisa.]
A register in form 4-6(1) (a) shall be maintained by the Officer
Superintended Head Clerk to provide a proper check on expenditure on this
account. Before the renewal or issue of articles of clothing and equipment is
sanctioned, he shall certify that the total annual expenditure does not exceed
an average Expenditure given above.
Proceeding sub-inspectors shall be issued
with gaiters and a pair of beeches but will be issued with 3 pair of Khaki
drill slacks instead as initial issue.
(b) Free replacement shall be allowed
according to the periods prescribed in Rule 4-11. [* *
* *] Clothing and equipment for
which no period is fixed shall be free only on being certified by a survey
committee to have been lost or rendered unserviceable by fair wear and tear or
under circumstances involving no neglect on the part of the officer concerned.
(c) Uniform for Upper Subordinates shall be
issued by the Lines Tailor and carefully fitted, but officers may be permitted
to draw material of the prescribed pattern from Store on payment and have it
made up privately for supplementary articles or replementary articles or
replacements of uniform provided at their own expense. The cost in such cases
shall be recovered in instalments.
(d) The following articles of uniform have
been prescribed for issue to the Lady Inspector, Government Railway Police,
Punjab:---
[ The following articles of uniform have been
prescribed for issue to the Lady Police
(Upper and Lower subordinates):---
|
Serial No.
|
Particular of articles to be issued
|
Quantity
|
Duration of Year
|
|
1
2
3
4
5
6
7
8
9
10
|
Jacket, Flanne … … … … … … …
Tie blue … … … … … … …
Shits Blue flat Coller (Coller attached) … … …
Filed Service Cap … … … … … …
Shoes Black (Regulation) … … … … …
Socking blue (Cotton) … … … … … …
Socking blue (Woolen) … … … … …
Gloves Woolen … … … … … …
Cardigan Jacket … … … … … …
Great Coat … … … … … … …
|
1
1
2
1
2
2 pairs
2 pairs
1
1
1
|
2 years
1 year
1 year
4 years
1 year
1 year
1 year
1 year
3 years
8 years ]
|
Upper subordinates posted to Murree shall
in the cold weather wear khaki serge coats and breeches. The pattern shall be
exactly the same as the khaki drill uniform. The serge uniform will be issued
in addition to the khaki uniform. When an officer is transferred from this Hill
Station he will leave his serge uniform behind to be used by other officers
transferred to the district as the case may be.
(e) Head Constables promoted to officiate as
Assistant Sub-Inspectors shall deposit in the Police Lines the uniform issued
to them as Head constables. It shall be retained for re-issue to them if they are
reverted. Officiating Assistant Sub-Inspectors of Police shall be provided at
the expense of clothing and equipment funds with the articles of uniform
mentioned hereafter:---
|
1 Great Coat
2 Khaki Tunics
1 Khaki Safa
1 Khaki Kullaha
1 Khaki Safa Fringe
1 Khaki Bush Shirts
|
1 Pair stockings
1 Belt
1 Pair Boots
1 Set shoulder badges
1 Set buttons
1 Pair breeches
|
On substantive promotion Assistant
Sub-Inspectors shall receive the balance of the uniform admissible to them and
the uniforms issued by them as Head Constables shall be issued to other Lower
Subordinates. If reverted to the rank of Head Constable the uniform issued to
them while officiating as Assistant Sub-Inspectors shall be returned to store.
They shall then receive a re-issue of Head Constables uniform.
(2) A
check list in form 4-6(2) shall be maintained for each upper subordinate
showing the issue or replacements of clothing and equipment which have been
made to him and the dates on which each article was issued. Each entry will be
attested by a gazetted officer. The check list shall be attached to the officer’s
Character Roll.
(3) All
articles of uniform or equipment issued to upper subordinates are the property
of Government and shall be surrendered on reversion or reduction to the rank of
lower subordinate, dismissal or retirement. In the case of upper subordinates,
who are specially permitted by the Inspector - General to wear uniform on
ceremonial occasions after retirement, Superintendents of Police are empowered
to permit them to retain one suit of khaki uniform complete with pagri, beret cap, etc., but without
great coat.
4-6 (A). clothing Allowance for the staff
of the Special Branch and Crime Branch – Upper and Lower subordinates on the
staff of the Special Branch and Crime Branch are not provided with free annual
issue of uniform but received the following Cash Payments form the clothing
fund to enable them to make-up their own clothing:---
|
Inspector, Sub-Inspectors and Assistant
Sub-Inspectors … …
Head Constables and Constables … … … … …
|
Rs.
275.49 per annum.
267.57 per annum.
|
[4-7. Recruits
Kit – Each recurit on enrolement shall be supplied with the following articles
of clothing:---
|
1 Great Coat
1 Cardigan Jacket
2 Pair Khaki Drill Shirts
3 White Vests
1 Pair white canvas shoes
1 Pair of khaki knicker bockers
1 Pair of half putties (Cotton) and
footless hoes (Woolen)
1 Kit bag
2 Beret caps with badge
2 khaki slacks
2 Socks (Woolen)
1 Flannel shirt
1 Jersy woolen
1 Mosquito net
|
1 Leather belt
1 Pair boot ankle
1 Pair chapple black
1 Whistle with Leather strap
1 Polo Stick
1 Pair shoulder Badge (Police)
1 Number Plate
1 Insignia Punjab Police (Mohafiz)
1 Laminated Identity card with photograph
2 Pairs of socks to each recruit on enlistment
followed by a further issue of two pairs on the termination of recruits
course.
1 Pair of socks at the end of every subsequent six
months.
|
Recruit undergoing training at the
Recruits Training at the Recruits Training Centres, shall be provided following
extra articles:---
|
1 Canvas
2 Cotton
vest white
3 Khaki
Shirt
4 Shirt
Mazri
5 Khaki
Slacks
6 Beret
Cap
7 Half
Hose
8 Putti
blue cotton
9 Durree
|
2 Pairs.
3
2
2
1
1
1
1
1
|
[ the great coat shoes and Beret cap shall be issued
from the full kit mentioned hereafter. A sufficient number of the remaining
articles shall be maintained in each district for the use of recruits, being
replenished, as far as possible, from clothing surrendered as time expired, or
otherwise surplus, provided it is in throughly good condition.]
4-8.
Full
kit of lower subordinates – The full kit to be issued to each lower subordinate
on joining the ranks and to be maintained by him thereafter shall consist of
the following articles:---
|
  1 Cardigan Jacket.
1 Great Coat
3 Safa
3 Khaki Knickor Bockers.
(Breeches for mounted police)
2 Shoulder badges.
2 Mazri shirts
2 Safa Fringes
1 Pair of socks
1 Blue overall for Armourers and Assistant
Armourers
2 Safa Bandas
2 Red Kullah.
1 Kit bag
1 Shirt
1 Khaki Slack
2 Cotton Vests
1 Pair canvas shoes
1 Rain Coat
1 Gold Kullah
2 White Shalwars
2 Blue Pugrees (In PR White)
1 Pair Black shoes
1 Achkan white drill in summer
1 Achkan Surge blue in winter
1 Traffic Police insignia
1 Peak Cap
3 Shirts white Irish Lylon
3 Blue slacks Panama
1 Jersy blue
1 Belt leather with metal plate
1 Name plate black with name in white words
1 Tunic White drill
|
2 Kamarbands
(Mounted Police only)
2
Pairs of half Pattis (Cotton) and footless horse (Woolen). 2 Khaki shirts
1 Pair of boots ankle in the 1 pair
of chaplies black in the case of all Constables and un-mounted Head Constables and 2 Pairs of ankle boots black
in the case of Mounted Head Constables and Constables.
Extra for men employed on Drill staff
For gunmen deputed for the protection of
Governor of Punjab.
For men employed on traffic duties in
districts and on highways.
|
Woolen gloves for each lower subordinate
posted at hill stations in the hilly parts Rawalpindi district for wear in the
winter.
One waterproof coat for much lower subordinate
posted at hill stations and in the hilly parts of Rawalpindi district and those
employed on traffic duty in the districts where a regular traffic staff is
sanctioned].
4-9. Clothing
to be shown at kit inspections – (1)
Lower subordinates shall lay out their kits and one suit of plain clothes as
kit inspections according to the approved diagram issued on the authority of
the Inspector - General. The plain-clothes shown deed not be of standard
patter, but shall include a pagri and
shall be suitable for walking out dress.
(2) A
kit inspection diagram shall be supplied to every police station, post,
standing guard and barrack in each district.
[4.10. Issue
and wearing of chevrons and badges – (1) Chevrons are authorized as follows:---
(a) Head Constables on passing the
Intermediate Courses stripes and a five-pointed star.
(b) Probationary and confirmed Head
Constables 3 stripe.
(c) Officiating Head Constables 2 stripes.
(d) Constables on list (c) and CII-I stripe, to be worn on both sleeves midway between the
elbow and shoulder point towards the elbow.
(2) Badges
of the St. John’s Ambulance Association shall be worn by those entitled to wear
them midway between the elbow and the shoulder on the right sleeve Head
Constable shall wear such badges immediately above the chevrons.
(3) Marksman’s
badges shall be worn on the left sleeves above the point of the cuff.
(4) Chevrons
and badges shall be issued as required at the expense of the clothing fund].
(a) In sub-rule (1), for the existing table
and footnote, the following shall be substitute.
|
Article
|
Period
|
|
Cardigan Jecket … … … … … … …
Khaki drill knicker bookers or-cord breeches for
mounted police …
Kullah (Red) … … … … … … … …
Safa (Blue … … … … … … … …
Safa Bands and fringes … … … … … …
Kamarbands (for mounted men only) … … … …
Great Coat … … … … … … … …
|
3 years
2/1/2/years
2 years
3 years
2 years
2 years
6 months
|
Article
Chaplies … … … … … … … …
Boots (ankle) … … … … … … … …
Mazri Shirts (In P.R. Khaki) … … … … … …
Pattis (for mounted police) … … … … … …
Half Puttis (cotton) … … … … … … …
Footless hose (Woolen) … … … … … …
1 Blue overall … … … … … … … …
White Canvas Shoes … … … … … … …
Gold Kullah … … … … … … … …
White Shalwar … … … … … … … …
Pair of Black Shoes … … … … … … …
Rain Coat … … … … … … … …
Woolen Gloves … … … … … … …
Khaki Drill Slacks … … … … … … …
Socks … … … … … … … … …
Waterproof Coat … … … … … … …
Achkan … … … … … … … …
Cloth belt … … … … … … … …
Beret … … … … … … … … …
Jersy … … … … … … … … …
White Pagri … … … … … … … …
Shalwar … … … … … … … …
Gray Flennel Shirt … … … … … … …
Gray Cotton Shirt … … … … … … …
Khaki Serge Slack … … … … … … …
Khaki Drill Slack … … … … … … …
Woolen Socks … … … … … … … …
Thick Knitted Vest … … … … … … …
|
Period
1 year
3 years
1 year
3 years
3 years
1 year
1 year
6 months
1 year
1 year
2 years
When rendered
unserviceable
1
years
11/2
years
6
months
5
years
2
years
1
year
1
year
3
years
1
year
1
year
2
years
1
year
4
years
1
year
6
months
6
months
|
Note – Laces
supplied with black boots may be renewed after six months it replacement is
certified as necessary by a competent authority.
(2)
If any article of clothing mentioned in the statement in the statement above is
held, after formal enquiry, to have been rendered unserviceable within the
prescribed period through ordinary wear and tear and not through unfair usage,
it shall be replaced at the expense of the clothing fund under the orders of
Deputy Inspector General.
(3) Of the three issues of khaki
kurtas and knicker-bockers, required by rule 4.8 to form part of a full kit,
one shall be kept for wear as full dress when ordered : the other two shall be
in wear for ordinary duties, to permit of each being washed as required. One
twill shirt and one pair shorts shall be
issued new every year, the second issue, prescribed by rule 4.8 and required to
be shown as kit inspection, being that of the previous year.
(4) Efforts should be made to make
all renewal issues of articles of Clothing and Equipment due in any one year at
one time, at least t o men stationed as places other than district
headquarters. This will present no difficulty in cases in which duration
periods are fixed in terms of whole years.
[
* *
* ].
[4.12. (1)
(a)Men posted to the 1st
and 2nd armed reserved and teargas smoke squad be issued with the
following articles in addition to those contained in their full kits:---
1 Khaki Pagri ….
1 Khaki fringe ….
1 Khaki Kullah ….
1 White Veats ….
2 Pair of white canvas shoes …. For 1st and 2nd Armed Reserve.
1 Durree ….
1 Mosquito net. ….
1 Haversack. ….
1 Water bottle. ….
1 Pair of canvas gaiters. ….
1 Beret. ….
1 Grey Cotton shirt ….
1 K. D. Slack. ….
Note
3 – Police Service of Pakistan Officers in an administrative post is
entitled to count any such period forwards the renewal grant for horse and
saddlery, provided that he eventually reverts and is no confirmed in the
administrative post, and provided also that he maintains a horse during the
officiating period.
(9) Grant for the Purchase of
uniform and saddlery will be sanctioned to Deputy Superintendents on as
substantive promotion or on acting promotion in long term vacancies where there
is no likelihood of reversion of the Officer concerned, provided that in case
of reversion the Official concerned will be liable to refund proportionate case
of uniform for the unexpired period of its life which is 3 years for summer
uniform and 7 years for winter uniform.
(10) An
officer of the Provincial Police Service on promotion to the Police Service of
Pakistan shall be entitled to the difference between Rs.1,500/- and the amount
already drawn for the purchase of uniform.
(11) In
every case in which a grant is given the office receiving the grant shall
furnish the Audit Officer concerned with a certificate to the effect that the
full amount received has been spent in cases where the grants are not fully
utilized the saving effected should be at once refunded to Government.
4-13. Issue of Haversacks – [The Superintendent of Police shall keep in
pool four haversacks in each Police Station and twenty-four per Police Line.
Whenever a man goes on duty he shall use the haversack and when he returns be
shall deposit it back].
4-15. Statement showing the issue of clothing – A statement shall be
prepared annually and hung up in the office of the Superintendent showing the
issue of clothing made during the two previous years and proposed during the
ensuing three years.
4-16. Receipts for articles issued – An account of clothing shall be
kept in a personal ledger account in form 4.16 Sufficient pages will be
allotted to each man for a period of 8 years, and all issues of articles of
clothing shall be entered as made. Separate receipts shall be obtained for
issues to men posted away from Headquarters in form No. 4-16 and necessary entries
shall be made in the ledger on their receipt. This will enable the date of the
previous issue of any article to any particular man to be readily ascertained.
These folios will be maintained for sixteen years.
[4.17. Issue
of extra uniform to drivers – Orderlies employed by Officers as motor drivers
may be issued with the following extra articles of clothing which may be
replaced after the expiry of the duration periods prescribed in rule 4-11:
|
Serial No.
|
Particular of articles to be issued
|
Quantity
|
|
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
|
Shirts Khaki Twill
Shirts Khaki Drill
Putties cotton
Safa Khaki Malmal
Kullah Khaki
Fringes Khaki
Boots
A pron for motor cleaning (blue)
Slacks Khaki Drill
Jersy Warm
Warm gloves (leather)
Warm patties
Double breasted coat (khaki) drill cloth 4 yards, 27
inches sewing charges Rs.2
|
2
2 pairs
1 pair
3
1
1
1 pair
1
2 pairs
1
1
1 pair
2
|
|
Serial No.
|
Particular of articles to be issued
|
Quantity
|
|
(14)
(15)
(16)
(17)
(18)
(19)
|
Great Coat (cloth 3 yard)
Buttons for Coat Khaki
Buttons of great coat
Overall
Beret
Chaplies
|
1
8
8
1
1
1
|
4-18. Articles
of clothing issued to lower subordinates are property of Government – All
clothing issued to lower subordinates at the expense of the clothing funds is
the property of Government.
4-19. Number
of kits to be maintained – (1) Full kits corresponding to the number of lower
subordinates sanctioned for the district shall be maintained; provided that no
kits shall be kept for men solely for duties for which uniform is not required.
(2) When
the general issue of any article forming part of a full kit, which in store on
account of vacancies or otherwise, raises the number of such articles in that
kit above the scale laid down in rule 4-8, the issue at earliest date shall be withdrawn
and added to the old clothing in stock.
(3) Full
kits, up to the number sanctioned by the Deputy Inspector - General, may be
maintained in each district for additional police. A note of the number of such
kits authorized to be kept shall be made at the beginning of the English stock
book of clothing.
4-20. Repairs
of clothing – Repairs of clothing shall be carried out by the tailor with
materials of the standard pattern issued from the clothing store. The cost of
repairs due to fair wear and tear shall be borne by the clothing fund but the
cost of repairs due to negligence shall be recovered from the individual
responsible.
[4-21. Disposal
of time expired clothing - (1) Time
expired clothing other than those articles of which the period of wear has been
extended in accordance with rule 4-11, shall invariably be called in and
surveyed. The most serviceable articles should be taken into store and either
kept as surplus stock to replace losses, or issued, tailor to be converted into
bastanis or shorts or re-issue as recruits or additional police clothing
provided these are in throughly good condition. Articles which are declared as
un-serviceable kit for use by the survey committee in accordance with the
procedure laid down in 4-28 be sold by open auction.
(2) The
sale proceeds should be credited to Government under the relevant receipt.
(3) Distinguishing
features shall be removed from all articles of uniform they are sold].
4-23. Deleted.
4-24. Replacement
of articles destroyed or lost – (1) Articles of clothing destroyed on sanitary
grounds, or in the course of duty, may be replaced at the
4-27. Approved
firms and contractors – (1) The
Inspector - General will, from time to time publish in the Police Gazette the
names of contractors from whom clothing and material are to be purchased, the
rates to be paid and the terms of the contract.
(2) A
printed statement showing all approved items of clothing and equipment, other
than equipment supplied by the Ordnance Department, their source of supply,
price and other particulars, is obtainable from the office of the
Inspector-General of Police. One copy of this list shall be each range Deputy
Inspector-General and two copies by each Superintendent of Police, for use in
office and in the lines. Corrections in the list shall be made by hand, as
alterations in orders regarding clothing and equipment are notified by the
Inspector-General.
(3) The
statement referred to above will show the maximum rates authorized by the
Inspector-General for making up articles of clothing from materials issued to
the tailor from store. Rates within these maxima shall be fixed for each
district, with the approval of the Deputy Inspector General, and entered in red
ink below the maximum rates in the printed statement.
[(4) Supplies of
clothing and other material shall be purchased form local market on competitive
rates].
4-28. Goods
to be surveyed – (1). All goods delivered by contractors, including new
clothing delivered by the lines tailor after being made up, shall be surveyed
by a committee consisting of a gazetted officer, an inspector and a
sub-inspector.
(2) Such
committee shall have all packages received from contractors opened in its
presence and shall satisfy itself that the consignment is complete in quantity
and according to the muster pattern in quality.
(3) The
committee shall prepared and sign a report in Form 4-28(3) either accepting the
consignment as correct (in which case, beyond signing the consignor’s delivery
voucher or corresponding document, no action is necessary) or rejecting it in
whole or in part. In the latter case, the report with full reasons for the
committee’s opinion and a fair sample of the goods rejected shall be sent, with
the muster pattern to the Deputy Inspector - General for orders. The Deputy
Inspector–General’s decision shall be final, unless in any case the terms of
the supplier’s contract require a reference to higher authority. When shortage
in quantity only is found by the committee, the discrepancy shall be reconciled
by direct correspondence with the consignor, the matter being referred to the
Deputy Inspector-General, if agreement cannot be reached.
4-29. Contracts
with firms and Lines tailors – (1) When articles of uniform are to be supplied
by firms of suppliers, an agreement shall be entered into in standard Form
4-29(1) between the contractor and the Inspector-General of Police on behalf of
the Governor of the Punjab. The some form may be used for contracts for the
supply of other articles, such as beds or boxes required to be manufactured
locally according to a standard pattern. Contracts in this form can only be
entered into by the Inspector-General of Police and not by a Superintendent of
Police.
(2) All
Lines tailors, who are already employed, or may hereafter be employed, as such,
shall be required to submit to the Inspector - General of Police through the
Superintendent of Police a tender for services to be rendered by them in Form
4-29(2)A, and they shall also execute an indemnity bond in Form 4-29(2)B . After the render has been accepted by the
Inspector - General of Police, it will be returned to the Superintendent of
Police for record in his office and the Superintendent of Police shall supply a
duplicate attested copy of it to the tender.
4-30. Grant
and wearing of medals and decorations – (1) Orders regarding the grant of civil
decorations are contained in Chapter-XV. Orders regarding the wearing of
decorations and medals are contained to Appendix 4-1. Superintendent are
responsible that all police officers serving under them who are in possession
of any decorations or medals to which they are entitled are properly mounted
according to the regulations referred to above. Brooches for medal ribbons, and
for mounting medals, when more than one is to be worn, may be issued to upper and
lower subordinates as an initial issue at the expense of the clothing fund.
Spare ribbon is supplied with medals when issued. Replacements of brooches
shall be at the cost of the individual concerned. Medal ribbons, which as a
result of fair wear and tear require placement shall be replaced at the expense
of the clothing fund, otherwise at the expense of officers.
(2) Decorations
and medals shall invariably be shown at kit inspections.
4-31. Replacement
of lost medals – If a police officers loses his war or other medal. Board
consisting of the Superintendent as president, and two upper subordinates a
members, shall make enquiry and submit a report in Form 4-31. If such medal was
lost on duty and from causes entirely beyond the control of the police officer
concerned, the Board may recommend the supply of a new medal at the public
expense. It is necessary that the replacement of medal at should be carefully
safeguarden, and it is seldom that they can be permitted to be replaced at the
public expense. Loss by theft, loss of baggage, due to defective fastening and
the like, is not to be considered as replaceable at the public expense. When a
police officer willfully, or by culpable neglect, makes a way with or lose a
medal, the loss shall be dealt with as a criminal or disciplinary offence,
according to the circumstances, and if such police officer is held guilty and
punished, he shall be required to serve three years clear of a major punishment
before he can be recommended for the grant of a new medal at his own expense;
in such cases the period of three years will commence from the termination of
the punsihment.
(2) All
recommendations under this rule shall be submitted through the Deputy
Inspector-General to the Inspector-General.
4-32. Indents
for medal ribbon – (1) Indents for war medal ribbon required for police
officers shall be prepared in the prescribed Pakistan Army Form, copies of
which can be obtained from the Army Clothing Department, through the Central
Police Officer, and shall be submitted by Superintendents of Police in time to
reach the Inspector – General by the1st, March in each year. Such indents shall
bear D.E.O.S Memo No. 65579-Q 14-J, dated the 28th, March 1927, as
authority, and shall show the correct description of ribbons required. In doubtful
cases samples should accompany the indent. Nine inches is the minimum quantity
of medal ribbon, which may be intended for. A consolidated indent will prepared
in the Central Police Officer for the whole province and forwarded to the Chief
Ordnance Officer, General Headquarter Rawalpindi on or about the 1st,
April in each year. The ribbon indented for will be supplied by the Chief
Ordnance Officer, General Headquarter, Rawalpindi direct to the Superintendent
of Police concerned, who should accept the consignments after duly checking
them, and sign and return the receipt vouchers.
(2) Ribbons
for Quaid-e-Azam Police Medal and the President’s Police Medal shall be
obtained on payment from G.M.Chaudhri, Shah Rah-I-Quaid-Azam, Lahore.
4-33. Cash
account of clothing funds – The cash account of the clothing fund shall be kept
in the manner prescribed by rules in Chapter X.
4-34. Registers
and accounts to be kept – Each Superintendent shall maintain the following
accounts:---
(i) An account of the material and cost of
making up such articles of clothing as are not bought readymade, in a register
in Form 4-34(i). This register
furnishes a check on the expenditure of material from store, and also shows the
cost of any particular issue of made-up articles.
Separate pages shall be given to each
description of article. On one side shall be shown the amount, rate of cost,
and total value of each issue of material to the tailor or other contractor. On
the other side of the register shall be entered the number, cost per article
and total cost of each consignment of finished articles, handed in by the
tailor or contractor and transferred to the stock of made up clothing.
The cost of each made-article is the cost
of the amount of material required according to the prescribed scale, for
making it up, together with the authorized tailoring charges. To balance the
two sides of register it is necessary to add on the issue side, in column 4,
the amount of the tailoring charges. The balance shall to struck when each
transaction is completed by the head clerk. Each book after completion shall be
preserved for five years.
(ii) A clothing stock account in English of
new articles of clothing and materials received shall be kept by the Office
Superintendent / Head Clerk in form 4-34(ii)
and shall be preserved for ten years, receipts shall be entered when the coming
head committee proceedings prescribed by Police Rule 4-28(3), duly endorsed by
the clothing head constable tat the articles passed have been taken on stock
and accompanied by the bill if possible, similarly endorsed, are received in
the English Office. After entering the articles enumerated in the committee
proceedings in his stock book 4-34(ii)
the Office Superintendent / Head Clerk will endorse the proceeding accordingly
and also the bill if it accompanies the. He will then pass the papers to the
accountant for payment orders.
Once a week the clothing head constable
will produce is register and form 4-16 and 4-35 to the Office Superintendent /
Head Clerk and the latter will check and enter the total issues of each article
during the past week in his own clothing stock book, form 4-34(ii). Issues on payment will, however, be
entered separately, in accordance with note 2 at the bottom of form 4-34(ii). To support entries of issue of
cloth or other materials to the tailor, the clothing head constable will
produce to the Office Superintendent / Head Clerk the sanction of a competent
officer. As a safeguard against a second issue on this sanction the clothing
head constable will endorse the sanctioning order, with the quantity and date
of issue at the time of making the entry in the register. The Office
Superintendent Head Clerk will check this endorsement and add his endorsement
that entry has been made in his own stock book, thereafter returning the papers
to the clothing head constable.
Every new article of clothing , whether
received ready-made, or made up locally from material issued from stock, shall
be brought on the clothing stock book over the signature of a gazetted officer prior
to issue, separate pages being assigned to each description of article. The
addition to stock of all consignments of material received shall also be
initialed by a gazetted officer.
4-35. Urdu
stock account of clothing and equipment – An Urdu stock account of receipts and
issues of clothing and equipment, both new and second hand, and of complete
kits of men on leave, etc., shall be maintained in form 4-35 by the clothing
clerk head constable and preserved for 5 years. This stock account shal be divided
into three parts, as follow:---
Para
1. – Made up clothing – In the
remarks column of the register a reference to the stock account prescribed in
rule 4-34(1) shall be given.
Para
2. – Second hand clothing and equipment received for sale or destruction – In
the remarks column a reference to the order of the gazetted officer directing
the sale or destruction shall be given, and also the sale-proceeds, with the
number and date of the receipt issued under rule 10-14(1).
Para 3. – Complete kits of men on leave, sick in hospital, on
special duty in other districts, etc., and kits stored on account of vacancies.
Each issue made to an individual shall be assigned a
separate line, and the account shall be balanced on the last working day of
each month and certified as correct by the reserve inspector is posted, by the
Lines officer.
4-36. Verification
of stock by a gazetted officer – All stocks of materials, made-up clothing and
old clothing in stock shall be verified on the 31st March of each
year by a gazetted officer, and the results of such verification shall be
recorded in the stock register concerned over the dated initials of such
officer.
4-37. Statement
of transactions of clothing fund – At the end of each financial year statements
exhibiting the transactions of the clothing fund for the past year shall be
prepared in each district inForm 4-37(1) (A and B and entered in the cash book
after the balance for the year in question. A copy of the balance sheet of the
Clothing Fund should submitted to the Inspector-General of Police.
(2) Deputy
Inspector-General after inspecting districts will forward to the
Inspector-General a copy of their remarks on the condition of the clothing
fund.
APPENDIX No. 4-1
pART I
Uniform for Officers of the Indian Police.
Helmit
– Wolsely pattern, covered
with Khaki. No metal fixings. Brown leather chin strap 3/8
inch wide.
Pagri
– A pagri of six folds of
khaki with a dark blue flash, a quarter of an inch wide, at the top, between
the helmet and pagri; the whole when tied not to exceed three inches in width.
NOTE
As an alternative to the helmet Indian
officers may wear a pagri of khaki silk with a blue edge and gold lungi ends a kullah, when, should be of
gold to match. Burmese officers may similarly wear a gaung baung.
Jacket
– Khaki gaberdine
single-breasted, cut as a lounge coat to the waist very loose at the chest and
shoulders but fitted at the waist. Military skirt to bottom edge. A
silver-plated hook on each side at the waist. Collar to be cut as in an
ordinary civilian lounge coat. Two cross patch breast pockets above 61/2
inches wide and 71/2 inches deep to the top of the flap,
with a 21/2 inches
box pleat in the centre fastened at the top with a small Indian Police pattern
button; flap, with button hole to cover pocket 21/4 inches
deep and 61/2 inches wide. Two expanding pockets below
the waist (place at the sides 91/2 inches wide at the
top, 101/2 inches at the bottom. 8 inches deep to the top
of the pocket, fastened at the top with a small Indian Police pattern button;
flap, with button hole, to cover pocket, 31/2 inched deep and 103/4
inches wide, the top of the pockets to be tacked down at the corners in such a
manner that the pocket can be expanded at the top also if necessary inside
watch pocket, fastened at the top with a small Indian Police pattern button;
flap, with button hole to cover pocket 21/4 inches deep
and 61/2 inches wide. Four medium Indian Police pattern
buttons down the front, pointed cuffs, 5 inches high at the point and 21/2
inches behind. Shoulderstrongs to same materials as garment, fastened with a
small Indian Police pattern button. The jacket to be worn with a soft khakhi
collar and shirt and dark blue silk sailor-knot tie. A plain gold safety pin
may be worn under the tie to keep the soft collar in place.
Breeches
– Khaki woolen * Bedford
cord, strapped with buckskin to match.
Boots
– Brown field, soft, legs
stiffened to a depth of 4 to 6 inches from the top, laced at the instep, with
nine pairs of eye-lat holes, brown leather garters; no gusset and straps at the
top of the leg and no toe-caps.
Spurs
– Light hunting, with steel
chains, brown straps and shields.
Belt
– Sam Browne of army
regulation pattern, but with white metal mountings.
Sword
– Straight Infantry
pattern, with hals basket hilt in white metal, and device “I.P” and crown.
Sword
Knot – Brown leather, with
acorn.
Scabbard
– Brown leather, infantry
pattern.
Whistle
– Of the usual Police
pattern, to be worn attached to a khaki lanyard and carried in the left breast
pocket.
Badges – Silver metal
|
Inspector-General … … … … …
|
One crown and two stars
|
|
Deputy Inspector-General … … … …
|
One crown and one star
|
|
Superintendent in receipt of basic pay of
Rs.950 a month and over, provided that a Superintendent promoted form
entitled to wear a crown from the date the directly recruited officer of the
Indian Police next below him on the provincial cadre becomes entitled to wear
the same.
|
One crown
|
|
Superintendent (Whether substantive or
officiating) in receipt of basic pay of less than Rs.950 a month.
|
Three stars
|
|
Assistant Superintendent … … … …
|
Two stars
|
|
Probationary Assistant Superintendent … …
|
One star
|
The crown to be one inch broad. The stars to
be of the “Star of India” (five pointed) pattern and one inch broad.
Officers of all ranks will wear a silver
deparmental badge “I. P.” in half inch block letters at the base of the
shoulder strap.
The following additional articles of uniform
and equipment should be provided and worn when special circumstances or orders
so direct.
Trousers
(slakes) – Khaki gaberdine
to match jacket, Army regulation pattern. (See Note 1. Review Order).
Boots
– Ankle, plain brown
leather, with plain tow-caps. To be worn with trousers.
Belt
– Second shoulder strap to
Sam Browne belt. To be worn when revolver is carried.
* Samples of Gaberdine and Woolen Bedford
Cord of approved shade will be kept on view at the India Store Depot,
Belevedere Road, Lambeth, S.E.I. Indian Police Officers recruited in England
when ordering uniform should impress upon the makers necessity for consulting
the India Store Depot, regarding the correct material, shade, etc., samples
will also be sent to all Provincial governments.
Revolver – or (at the option of each officer) an automatic pistol with brown holster and
ammunition pouch.
Forage
cap – Dark blue cloth with
three cloth welts, 41/2 inches total depth, diameter
across the top 103/8 inches for a cap fitting 21 3/4
inches in circumference, cap may vary in size of head above or below the before
mentioned standard, e.g., for a cap
221/4 inches in circumference, the diameter across the
top to be 105/8 inches, and for a cap 21 inches in
circumference, the diameter to be 10 inches. The sides to be made in four
pieces and to be 21/8 inches deep between the welts. A band of black bohair
oakleaf lace 13/4 inches wide to be placed between the
two lower welts. Indian Police pattern badge to be worn in the centre of the
band in front. The cap to be set up on a band of stiff leather or other
material 13/4 inches deep. Chinstrap of black patent
leather 3/8 inch wide buttoned on to two gorget buttons of Indian Police
pattern placed immediately behind the corners of the peak.
The peak of the cap will be of the following
pattern:---
|
Inspector-General … … … …
|
Patent leather, emproidered all round with
plain silver embroidery. Depth in the middle 2 inches. To drop at an angle of
45 degrees
|
|
For Deputy Inspectors-General and
Superintendents in receipt of basic pay of Rs. 950 a month and over, provided
that a Superintendent promoted from the provincial police service shall be
entitled to wear a peak of this description from the date the directly
recruited officer of the Indian Police next below him on the provincial cadre
becomes entitled to wear the same.
|
As for Inspector General but embroidered
on front edge only.
|
|
For all other officers … … … …
|
Plain patent leather peak.
|
To be worn with a khaki cover of same
material and shade as jacket.
Overcoat
– Drab mixture cloth,
milled and water proofed; double breasted, to reach to the point of the knee,
18 to 20 inch deep, with lapel and step, fastening with one hook and eye. Four
large buttons on each side, three to button and one under turn. Two bottom
pockets with flap; one inside breast pocket at each side; sword slit at left
side; loose turn back cuffs of single material 41/2 inchees
deep; shoulder straps of the same material as the garment fastened with small
buttons. Badges of rank and buttons in silver metal. The collar is provided
with a cloth tab to button across the opening at the throat when required. The
coat is lined with drab flannel.
NOTE
It is at the option of individual officers
to provide themselves with this article of uniform where the climate renders it
necessary.
Serge Jacket and Sarge Trousers – Where
the climate renders these desirable officers may also provide themselves with
jacket and trousers made of drab serge.
Working
Dress
Working Dress – Uniform is of the same
pattern as Review Order but in place of gaberdine and woolen cord, drill will
be used for the jacket and slacks and cotton Bedford cord for the breeches.
The
helmet, boots, helt, sword, scabbard, swordknot, pistol, whistle, badges and
forage cap,etc., are the same as for Review
Order.
Mess
Dress – Cold Weather
Mess Jacket – Dark Blue cloth, pointed cuffs, 5 inchas high at point
and 21/2 inches behind, of the same material. Roll collar
of black silk. Shoulder straps of blue cloth tacked under the collar, with
badges of rank as in Review Order, but without shoulder letters. Miniature
medals and decorations to be worn on the left lapel, one inch below the point
of the shoulder, over-lapping if necessary, but not projecting beyond the
lapel. Collar badges should be placed 3/4 inch below the
medals.
Mess
Waistcoat – White marcella, corners,
cut away, open at the front and without collar, to be fastened with 4 small
Indian Police buttons 11/2 inches apart.
Collar
and necktie – Collar, plain white linen, with black tie.
Overalls – Dark blue cloth of the same
shade as that of the jacket, with tow stripes of 3/4 inch
plain mohair braid 1/4 inch apart down the outside seam.
Black leather foot straps with steel buckle.
Boots – Wellington, black, patent
leather.
Spurs – Box, with plain rowels.
Forage Cap – As in Review Order, but
with a white cover.
Badges – Of same size as in Review
Order.
Mess
Dress – Hot Weather
Mess
Jacket – White drill, without braid
or buttons. Roll Collar. Shoulder staps of similar material with small Indian
Police pattern buttom at the top. One inside breast pocket. Sleeves cut plain
with pointed cuffs 5 inches high at point and 21/2 inches behind.
Badges of rank and collar badges as in cold weather mess dress.
Waistcoat – As in cold weather mess
dress.
NOTE
Where the climate renders this
desirable officers may wear a plain dark blue silk Kamarband in place of a
wasitcoat.
Collar
and necktie – As in cold weather mess
dress.
Oversalls
– Whites drill with black leather
foot-steps, or as for cold weather, according to climate.
Boots,
Spurs and Forage Cap – As in cold weather mess dress.
Horse
Furniture
Bit – Universal.
Bridle – Ordinary double.
Girths – Dark blue.
Saddle – Ordinary hunting, fitted with necessary nickle D’s.
Frog – Of brown leather, attached to the shoe case (near
side) for carrying the sword scabbard; shoe case fitted with a leather
steadying strap.
Note.-1
– Officers in possession of full dress uniform on the date of the issue of
these regulations, may continue to wear in one such occasion as presentation at
Court, levees and weddings. Other officers are not permitted to purchase bull
dress uniform and should wear at Courts and evening State functions, either
Alternative Dress of Velvet Court Dress (old style) as laid down on pages 5 and
6 of the office of the office of the Secretary to the Governor-General (Public
notification No., F-9/11/36-Public (G), dated the 30th June. 1997.
In no case should full dress uniform be worn on duty.
Note.-2
– No officer, now in the service, will be required to provide himself with any
article of the new uniform until the corresponding article of his present
equipment is worn out.
Note.-3 – Such modifications in the
working dress but not Review Order or Mess Dress, as may suit local
circumstances may be permitted by Provincial Governments or Administrations for
informal work. Such orders might author rise, for example, the wearing of
water-proofs, leggings, khaki ties, Cawnpore Tent Club helmets, Jodhpur
breeches, shorts drill uniform, etc.
Note.-4 – On ceremonial occasions such as
those on which military officers wear their medals with field service uniform,
Police officers should wear medals and decorations with khaki working dress.
Note.-5 – The cloth for the over coast
must vary in different provinces. Provincial samples of over coast cloth will
be on view at the India Store Depot, Belvedere Road, Lambeth, S.E.I.
Note.-6 – Trousers and ankle boots will be
worn when on dismounted duties where complete Review Order is undesirable, e.g., when escorting H.E. the Viceroy or
Governor of province by train.
Note.-7 – The Forage cap will be worn with
Review Order when the occasion renders the wearing of a helmet unnecessary, e.g., on evening duties, etc.
Note.-8 – The revolver and ammunition
pouch will not be worn with Review Order unless specific orders are issued. In
circumstances where the carrying of this weapon is necessary but should not be
ostentatious, it should be carried in the breeches or trousers pocket.
APPENDIX
The Indian Police Device for use on badges and on
buttons
I. P.
Badges
For cap,15/8 inches in heigh.
For Collar, 11/4 inches in
height.
Buttons
Convex, die struck and embossed.
Larg … … … 40 lines.
Medium … … … 30 “
Small … … … 24
“
Gorget … … … 20
“
pART II
Gazetted Officers –
Provincial Service
(1) Deputy
Superintendents and probationers, shall wear the same uniform and accoutrements
and use the same horse furniture are officers of the Imperial revise, except as
follow:---
(a) Police device badges.- The
existing pattern cypher “P.P.” surmounted by crown.
(b) Buttons.- The existing pattern with cypher “P.P.”
surmounted by crown.
(c) Letter badges.- Half
inch silver block letters “P.P.”.
(2) Badges of rank.- Deputy
Superintendents shall wear two stars and probationers one star of the pattern
prescribed for officers of the Imperial Service.
(3) Indian Deputy Superintendent of Police shall
not wear hlmets. They will wear a khaki silk pugri with a blue edge gold lungi
ends, together with gold kulla, as
prescribed for Indian Officers of the Indian Police. For night work and fatigue
duties, however, they may wear a plain khaki pagri.
pART III
Horses
All gazetted officers, except Prosecuting
Deputy Superintendents, shall proved themselves with at least one horse not
less then 14 hands 1 inch in height or mounted duties, unless specially
exempted for doing so by the Inspector General.
pART Iv
Upper Sobordinates:---
(1) Full dress,---
(a) Coat
of khaki drill of the same shade as that prescribed for lower subordinates and
of similar pattern to the khaki working dress frock prescribed for gazetted
officers, except that the collar shall be rolled fastening at the neck with
hook and eye. To be cut loose so as to permit of warm under-clothing being worn
during the winter.
(b) Riding
breeches – Khaki drill.
(c) Gaiters
for Inspector, Sergeants and Sub-Inspector only – Black leather spring
leggings, fastening with a strap at the top.
(d) Half
puttis (cotton) and footless hose (woolen) for Assistant Sub-Inspector only
Kahki half puttis and footless house of the approved pattern.
(e) Black
leather ankle boots – Black service boots with light soles and no heel tips
of the approved pattern procurable from Messrs. Cooper Allen & Co.,
Cawnpore.
(f) Spure-
(for Inspectors, Sergeants and Sub-Inspectors).- Steelhunting without
rowels, as for Gazetted Officers with blank leather straps.
(g) Safa.-
(i) For
Indian Inspectors and Sun-Inspector.-Of dark blue khasa with one foot of
red salu at one end and tow feet at the other. The width of the safa shall be 2
feet 9 inches and the length not less than 6 yards.
(ii) For
Assistant Sub-Inspectors.- Khaki plain muslim of the approved pattern.
(h) Safa Fringe.-
(i) For Indian Inspectors and Sub-Inspectors.-
One foot of red salu followed by one inch of blue Khasa; then half an inch of
silver braid and a silver fringe two inches deep of the prescribed pattern.
(ii) For Assistant Sub-Inspectors.- Silk,
Khaki.
(i) Safa
and (Palla) for Indian Inspectors and Sub-Inspectors.- Made of real silver
thread 18 inches deep of approved pattern.
(j) Khulla.-
(i) For
Indian Inspectors and Sub-Inspectors.- Silver work ona red ground of the
approved pattern.
(ii) For Assistant Sub-Inspectors.- Plain
Khaki of of approved pattern.
(k) Hemlet.-(For European Inspectors and
Sergeants obnly):---
Hat Pith Solar Khaki with Khaki Pagri, Khakim boss and
brown leather chin strap and silver “P.P.” banges of prescribed pattern.
NOTE
The Pagri will consist of six folds of khaki muslim and
when tied the whole shall not exceed 3 inchs in width. The hemlet badges shall
be worn on the pagri.
(l) Belt.- Black leather Sam Browne belt
with one shoulder strap over the right shoulder.
(m) Badges.-
Upper Subordinates shall wear at the base of all Shoulder Straps silver plated
half inch block letters “P.P”. Above the letters “P.P.” Assistant Sub-Inspector
Shall wear on each shoulder, one silver plated star, Sub-Inspectors and
Sergeants two stars and Inspectors three stars; the stars to be of the approved
pattern.
Probationary Assistant Sub-Inspectors
shall not wear stars while under training at the Police Training School,
Phillaur. They will be presented with a pair of stars at the passing out
parade. The stars will form part of the uniform thereafter.
(n) Buttons.-
white metal ball buttons with the “P.P.”
cypher.
(o) Great
Coat.- Of the same pattern as for Gazetted Officers, but with “P.P.”
buttons, and prescribed badges.
(p) Whistle.-
Of the usual police pattern to be
worn attached to a lanyard and carried in the left breast pocket.
(q) Slacks
khaki drill.- With out turn ups
with a pocket on each side.
(2) Working
dress.- The same as prescribed for full Dress with the following modifications:---
(a) A plain khaki safa,. Khaki silk safa
fringe and khaki and silver kullah of the prescribed pattern may be worn by
Indian Inspectors and Sub-Inspectors instead of the safa prescribed for full
dress.
(b) Europeans Inspectors and Sergeants may wear
a Forage cap of blue cloth with a khaki cover, of the same pattern as that worn
by Gazette officers, but with red piping round the edge of the mohair braid.
(c) The variations sanctioned by paragraphs
2 to 5 and 7 of Appendix 4.3, Part II, may be adopted all upper subordinates at the discretion of
Superintendent of Police.
(3) Plain
black leather revolver holsters and ammunition pouches and layuards will be
supplied with revolvers when issued. (See rules in chapter VI). The holster
will be worn on the left and the ammunition pouch on the right of the belt.
(4)
Horse
Equipment.
(a) The horse equipment for Inspectors,
Sergeants and Sub-Inspectors shall be of the pattern prescribed for mounted
police officers in the list referred to in rule 4-27 (2).
(b) the pony equipment for Assistant
Sub-Inspectors shall be of the paters prescribed for such officers in the list
referred to in rule 4-27 (2).
(5) Upper
subordinates posted to the Simla district and to Kasauli, Kyelange, Suraj,
Dalhousie, Balun, Bakloh and Murree shall in the cold weather wear khaki serge
coats and breeches. The pattern shall be exactly the same as dreill khaki
uniform. The serge uniform will be issued in addition to the khaki unform. When
as officer is transferred from anyof these hill stations he will leave his
serge uniform behind to be used by the other officers transferred to the
station as the case may be.
PART – V
Lower Subordinates
(1) All
articles of uniform supplied to lower subordinates shall be according to muster
pattern. Detailed specification for the making up of certain articles are given
below:---
(a) Kurta
– A khaki drill Kurta with patch
pockets and four white metal police buttons down the front collar band,
fastening with hook and eye at the neck; shoulder strap fastened with a police
button and with half inch block letters “P.P.” at the base of each shoulder
strap. The Kurta to be cut loose to
permit of warm under clothing being worn, the shirt to reach to the first joint
of the wearer’s thumb, when the arms are held straight to the side, fingers
extended.
(b) Pantaloons
– of khaki drill made knickerbockers pattern, to be made with waist band
about 3 inches deep, and strap and buckle at each side; loops for a belt may be
added, but pyjama strings should not be worn; cut full at the knee to allow not
more than 4 inches fall over; continuations about 3 inches deep fastening with
buttons and to be covered by the pattis.
(c) Safa
and safa band.– of calico dyed dark-blue with one foot of red salu at one end., the width of the safa to be 2 feet 9 inches and the
length 15 feet. The Safa band will be
red salu, a feet 9 inches in width and about 2 feet in length. It will be
folded in 8 folds so as to from a band about 3 inches broad by 33 inches in
length to be worn round the pagri.
(d) Safa
fringes – of red salu 2 feet 9
inches in width and 8 inches in length, followed by a strip of blue 1 inch deep
and a red fringe 2 inches deep, of the approved pattern, To be folded in four
and attached after the safa and safa band has been tied.
(e) Kulla
– of red colour of approved pattern. Sikhs in lieu of a kulla may be given a small red pagri 2 yards in length and 5 ½ inches
in width to be worn under the blue safa.
(f) Shorts of khaki drill cut like the
pantaloon at the waist ; two side pockets are allowed.
(g) Shirts
– of khaki twill of prescribed quality. Length of shirt to be 2” below the
tip of the thumb at the “Attention” position. Polo shape collar. Skirt to cut
square, the seam opening to be 9” lon. Four buttons in front. Two pockets 6 ¾ X
6” – top of pocket to be in line with the bottom edge of the second buttons.
The bottom of the pocket to reach on inch below the last, i.e., fourth button. Shoulder straps to be about 6” in length. The
fastening button of the strap to be visible below collar. Sleeves to reach the
inside of the elbow when forearm is bent at right angles to upper arms.
(h) Boots
and chaplis – Head Constables shall wear black ankle boots with khaki
puttis. Foot Constable shall wear black chaplies of approved pattern or boots.
(i) Bastani
– of khaki drill of double thickness 44 inches square with apiece of khaki
niwar tape, 3 yards long and half an inch wide, sown on to one corner.
(j) Great
Coat – of drab blanketing with sleeves; stand-up collar to coat. Four
police buttons down the front; the skirt of the coat to reach half-way between
the knee and ankle.
(k) Blouse of khaki cellular, Army B. D.
pattern.
(l) Trousers of khaki drill, Army B. D.
pattern.
(m) Gaiters – Khaki canvas, Army B. D.
pattern.
Head constables shall wear the same
uniform as constables with the addition of chevrons and shall be supplied with
a small plain cane not exceeding ½ inches in diameter and 3 feet in length in
place of batons.
(2) Lower
subordinates posted to the Simla district and to Kasauli, Kyelang, Suraj,
Dalhousie, Balun, Bakloh and Murree shall wear in the cold weather a khaki
serge kurta and a pair of knickerbockers. The pattern shall be exactly the same
as the khaki uniform will be issued in addtion to the khaki uniform. When an
officer is transferred from any of these hill stations he will leave his serge
uniform behind to be used by other officers transferred to the station as the
case may be.
PART – VI
Mounted Officers
The same uniform shall be worn by mounted
head constables and constables as that prescribed for head constables and
constables of the foot police, with the following notifications:---
(a) Th e khaki drill kurta and twill shirt shall be cut to reach the point of the knee,
with an opening at the seam from the waist downwards.
(b) Khaki cord Jodhpur pattern breaches
shall be worn instead of pantloons, and patti tops of brown leather shall be
worn. Pattis shall be tied from the knee downwards, i. e., with the tape fastened round the ankle. Ankle boots of
approved pattern shall be worn by all ranks.
(c) Great coats shall be opened at the seam
from the waist downwards.
(d) Kamarbands
of red salu, four yard long shall be worn below the waist belt, with an
end hanging at the right side.
(e) The belt for mounted officers shall have
a shoulder strap and the frog shall be attached by slings.
PART – V
Memorandum Of Information As
To The Wearing Of The Insignia Of The Order Of The Star Of India And The Indian
Empire And Of Medals By Civilian Members Of Those Orders And Holders Of Medals
(The instructions applicable to
military officers are contained in the Army Regulations, India, Volume VII, and
should also be followed by officers of the Indian Police.)
Gentlemen
not entitled to wear uniform should conform as nearly as nearly as possible so the
practice prescribed for those wearing uniform.
I
Official Full Dress
1. Knights Grand Commander wear at
investitures of the Orders and upon all great and solemn occassions the Mantle,
Collar, with badges attached, and Star. On “Collar Days” the Collar, with badge
attached, and Star; on all prescribed in the Statues, worn over the right
shoulder.
2. Knights Commander wear the Star on the
let breast and the badge suspended from the ribbon which will be worn round the
neck inside the collar of the coat and which should extend so as to show about
one inch below the lower edge of the collar in front.
3.
Companions Wear the badge similarly suspended by a ribbon round
the neck.
4. Gentlemen
who are knights Commander or Companions or mole than one Order will
wear ob nly one ribbon and badge i.e., the
senior one, round the neck inside and under the ccollar of the uniform coat, so
that the badge hangs about an inch outside and below the front of the collar.
All other badges will be worn, one below the other, commendcing about an inch
below the senior badge, each suspended on about three inches of ribbon emerging
from between the buttons of the uniform coat. A small eye should be stitched
inside the coat to which the ribbon is fastened by a hook.
5. A
gentlemen who is a knight Commander of
one or more Orders and is also a companion of one or more other Orders will
wear his Companion’s badges or badges in due order below his Knight’s badge or
badges.
6.
Possessors of medals wear the full size medal on the left breast.
II
Official Evening Uniform (“Mess
Dress” Civilians).
1. Knights
Grand Commander wear, on all occasions, the Star on the left breast and the
badge suspended from a riband of the breadth prescribed for a Knight Grand
Commander, worn over the right shoulder and under the coat but over the
waistcoat,
2. Knights
Commander wear the Star on the left breast and the riband (preferably
miniature width) and badge, the badge being suspended about one inch below the
tie.
3. A
Knights Commander or Knight Commander wears one badge only
round the neck and, if he has more than one Order, he wears the miniature of all the Orders he has on the lapel of
his coat, including that of the badge round his neck.
4. Companions wear the full size badge
suspended by a ribbon (preferably miniature width) round the neck beneath the
white tie. The badge should has about one inch below the tie.
5. Gentlemen
who are Knight Commander or companions of more than one Order will wear only one
badge round the neck which will as a rule be the senior badge, unless a junior one should appear to be more
appropriate to the occasion. The ribbon, from which this badge is suspended is
worn under the white tie, the badges hanging about an inch below. All badges
are worn also, in miniature, on the
lapel of the coat.
6.
A
gentleman who has only one Order and no medals will not wear the miniature of
the badge which he wears round his neck.
7.
Possessors of medals wear, on ordinary occasions, the miniature on the
lapel of the coat; on more formal occasions when special instructions to the
effect have been issued, the full sized medal on the left breast.
III
Official Under Uniform – Day
1. knights Grand Commander, Knights
Commander and Companions wear a piece of the ribbon of the breadth prescribed
for a Companion of the Order and half and inch in length.
2.
Possessors
of medals wear a piece of the ribbon half an inch in length.
IV
Police Officers who have been
awarded indian titles should, when in khaki working dress, wear, on ceremonial
occasions, the title badges attached to a brooch, and on other occasions, the
title ribbon only.
NOTES
A – The Star of an Order should be
attached to the coat two finger’s breadth below the lower edges of badges or
medals, if any are worn, and if there is a second star, it should be attached
at the same distance below the first. Gentlemen who are Lnights Grand Commander
or Knights Commander of more than one Order, wear the Stars of their
precedence, on the left breast, one above the other, or, where owing to their
number that is not possible, in the manner and other noted in the margin.
B – If a decor is already a Knight Grand
Commander or a Knight Commander of an Order and is to receive the Stars of a
senior Order, he should on the occasion of his investiture, wear the Star (and
not the ribbon and badge) of the junior Order low enough on his left breast to
permit of the Star of the senior Order being affixed above it.
On
the occasion of his investiture a decor must not wear the badge of the lower
class of the Order in which he has been promoted.
C – Medals are worn in their order of
precedence, the first medal being placed farthest from the left shoulder. The
length of the ribbon by which a medal is attached should not exceed one inch,
unless owing to the number of clasps, it is necessary to issue a longer ribbon.
The top of the ribbon should be on a line between the first and second buttons
of the coat.
D – Ribbons are worn on the left brest,
and when there are more ribbons than one to be worn, they are sewn on the cloth
of the coat in a row, without intervals. They should not overlap, and when
there is not sufficient room to wear the ribbons in one row, they should be
worn in two or more rows, the lower being arranged directly under the upper.
CENTRAL CHANCERY OF THE
ORDERS OF KNIGHTHOOD,
ST. JAMES’S PALACE, S.W-1
The following list shows the order
in which Orders, Decorations and Medals should be worn, but it is no way
affects the precedence conferred by the Statutes of certain Orders open the
Members thereof.
Brithish Orders of Knighthood, etc. –
Order of the Garter.
1Order of the Thistle.
1Order of St. Patrick.
1Order of the Bath.
Order of Merit (immediately after Knights Grand Cross
of the Order of the Bath).
Order
of the State of India.
Order
of St. Michael St. George.
Order
of the Indian Empire.
Order
of the Crown of India.
Royal
Victorian Order (Class I, II & III).
Order
of the British Empire (Class I, II & III).
2 Order of
Companions of Honour (immediately after Knights and dames Grand Cross of the
Order of the British Empire).
Distinguished
Service Order.
Royal
Victorian Order (Class-IV).
Order
of the British Empire (Class-IV).
Imperial
Service Order.
Royal
Victorian Order (Class-V).
Order
of the British Empire (Class-V).
NOTE
The
above applies to those Orders of similar grades. When the miniature or riband
of a higher grade of a junior Order is worn with that of a lower grade of a
senior Order, the higher grade miniature or riband should come first, e.g., the
miniature or riband of a K.C.I.E. will come befor a C.B. and a G.C.M.G. before
a K.C.B. Not more than four Stars of Orders and not more than three Neck Badges
may be worn at any one time in Full Dress Uniform.
Baronets’ badge – (The Badge is worn
suspended round the neck by the Riband in the same manner as the neck Badge of
an Order and takes precedence immediately after the Badge of the Order of
Merit. The badge is not worn in miniature and the Riband is not worn with
Undress Uniform).
Knights
Baronets’ badge – (The Badge to be
worn after the Star of a Knight Commander of the Order of the British Empire.
It is not worn in miniature and is not worn with Undress Uniform).
Decorations,---
Royal Red Cross (Class I).
Distinguished Service Cross.
Military Cross.
Distinguished Flying Cross.
Air Force Cross.
Royal Red Cross.
Orders, Medals, etc., Given Only In India –
Order
of British India
Indian Order of Merit (Military)
Kaisar-I-Hind
Medal
Indian
Titles Badges or Miniatures of Indian Titles Badges.
Order of Burma –
Order of St. John –
Albert Medal –
Medals
for Gallantry and Distinguished Conduct –
Medal
for Distinguished conduct in the Field.
Conspicuous
Gallantry Medal.
King’s
Police and Five Services Medal, for Gallantry.
George
Medal./
Edward
Medal.
Distinguished
Service Medal.
The
Royal West African Rifles Distinguished Conduct Medal.
The
King’s African Rifles Distinguished Conduct Medal.
Indian
distinguished Service Medal.
Military
Medal.
Distinguished
flying Medal.
Air
Force Medal.
Constabulary
Medal (Ireland).
Medal
for Gallantry in Saving Life at Sea.
1Indian Order of Merti (Civil).
Indian
Police Medal, for Gallantry.
Burma
Police Medal, for Gallantry.
Colonial
Police Medal, for Gallantry.
Burma
Gallantry Medal.
Efficiency
and Long Servce Decorations and Medals –
Royal
Marine Meritorious Service Medal.
Royal
Air Force Meritorious Service Medal.
Royal
air Force Long Service and good Conduct Medal.
Indian
Long Service and good Conduct Medal (for Indian Army).
The
Royal West African Frontier Force Long Service and Good Conduct Medal.
The
King’s African Rifles Long Service and Good Conduct Medal.
Indian
Meritorious Service Medal (for Indian Army).
Volunteer
Officers’ Decoration.
Volunteer
Long Service Medal
Volunteer
Officers’ Decoration (for India and the Colonies).
Volunteer
Long Service Medal (for India and the Colonies).
Colonial
Auxiliary Forces Officer’s Decoration.
Colonial
Auxiliary Forces Long Service Medal.
Medal
for Good Shooting (Naval).
Militia
Long Service Medal.
Imperial
Yeomanry Long Service Medal.
Territorial
Decoration.
Efficiency
Medal.
Special
Reserve Long Service and Good Conduct Medal/
Decoration
for Officers of the Royal Naval Reserve.
Decoration
for Officers of the Royal Naval Volunteer Reserve.
Royal
Naval Reserve Long Service and Good Conduct medal.
Royal
Naval Volunteer Reserve Long Service and Good conduct Medal.
Board
of Trade Rocket Apparatus Volunteer Long Service Medal.
The
African Police Medal for Meritorious Service.
Special
Constabulary Medal.
Royal
Naval Auxiliary Sick Berth Reserve Long Service and Good Conduct Medal.
Royal
Fleet Reserve Long Service and Good Conduct medal.
The
King’s Medal (for Champion Shots in the Military Forces).
Colonial
Police and Fire Brigades Long Service Medal.
Royal
Naval Wirless Auxiliary Reserve Long Service and Good Conduct Medal.
Trans
– Jordan Frontier Force Long Service and Good Conduct Medal.
Union
of South Africa Commemoration Medal.
Medals
Belonging to Order –
Royal
Victorian Medal (Gold and Silver).
Imperial
Service Medal.
Royal
Victoria Medal (Bronze).
Service
Medal of the Order of St. John.
Badge
of the Order of the League of Mercy.
Voluntary
Medical Service Medal.
Foreign Orders (in order of date award).
Foreign Decorations (in order of date of award).
Foreign Medals (in order of date of award).
British Empire Medals –
Canada Meda –
Life Saving Medal of the Order of St’
John,
War Medals (in order of date)
–
Polar Medals (in order of date) –
Jubilee, Corantion and Durbar Medal –
Queen Victoria’s Jubilee Medal, 1887
(Gold, Silver and Bronze).
Queen
Victoria’s Police Jubilee Medal, 1887.
Queen
Victoria’s Jubilee Medal, 1887 (Gold, Silver and Bronze).
Queen
Victoria’s Jubilee Medal, 1897.
Queen
Victoria’s Commoration Medal, 1900 (Ireland).
King
Edward VII’s Coronation Medal, 1902.
King
Edward VII’s Police Corporation Medal, 1902.
Kind
Edward VII’s Durbar Medal 1903 (Gold, Silver and Bronze).
Kind
Edward VII’s Police Medal, 1903 (Scotland).
Kind’s
Visit Commemoration Medal, 1903 (Ireland).
Kind
George V’s Coronation Medal 1911.
King
George V’s Police Coronation Medal, 1911
King
George Police Commemoration Medal, 1911 (Ireland).
King
George V’s Durbar Medal, 1911 (Gold , Silver
and Bronze).
King
George V’s Silver Jubilee Medal, 1935.
King
George VI’s Coronation Medal, 1937.
King
George V Long and Faithful Service Medal.
King
George VI Long and Faithful Service Medal.
Police Medals for Valuable Services –
King’s
Police and Fire Services Medal, for Distinguished Service.
Indian
Police Medal, for Meritorious Service.
Burma
Police Medal, for Mertiorious Service.
Colonial
Police Medal, for Meritorious Service.
Efficiency and Long Service Decorations and Medals –
Long
Service and Good Conduct Medal.
Naval
Long Service and Good Conduct Medal.
Medal
for Meritorious Service.
Indian
Long Service and Good Conduct Medal (for Europeans of Indian Army).
Indian
Meritorious Service Medal (for Europeans of Indian Army).
SUPPLEMENT TO THE MEMORANDUM
OF INFORMATION AS TO THE WEARING OF THE INSIGNIA OF THE ORDERS OF THE STAR OF
INDIA AND THE INDIAN EMPIRE AND OF MEDALS BY CIVILIAN MEMBERS OF THOSE ORDERS
AND HOLDERS OF MEDALS.
Wearing of Grders,
Decorations and, Medals in Morning Dress.
All numbers of the
various Orders of Knighthood, etc., and all persons who have been awarded
Decorations and Medals may, should they wish to do so, wear their Insignia,
Decorations and Medals with Morning Dress on official occasions and at Public
Functions.
The
rebands of the Orders, Decorations and Medals may be worn on all occasions at
the discretion of the holder.
The
method of wearing the Insignia of orders, also Decorations and Medals on
Official occasions and at Public Functions, with Morning Dress is as follows:–
|
Knights Grand Cross … … … …
Knights Grand
Commander … … …
Knights Commander … … … …
|
|
Should wear the star only on the left
breast of the coat.
|
|
|
|
|
|
Members of the Order
of Merit and Companion of Honour … … … … …
Companions of the
several orders of Knighthood.
Commanders of the
Royal Victorian Order …
Commanders of the
Order of the British Empire.
|
|
Should wear the riband (preferably of
miniature width) to which the badge is suspended under the tie, which should
be a bow, the badges hanging diagram, page 114 of Dress Insignia Worn at
Court (1921).
|
|
|
|
|
|
Companions of the
Distinguished Service Order.
Officers of the Order
of the British Empire.
Members of the 4th
and 5th Classes of the Royal Victorian Order and the Order of the
British Empire … … … … …
Companions of the
Imperial Service Orders …
|
|
Should wear the Badges, Decorations
and Medals on the left breast of the coat.
|
|
|
|
|
|
Those who have been
decorated with –
The Victoria Cross … … …
The Distinguished
Service Cross … …
The Military Cross … … …
The Distinguished
Flying Cross … …
The Air Force Cross … … …
Persons who have been
awarded Medals …
|
|
Should wear the Badges, Decoration
and Medals on the left breast of the coat.
|
|
|
|
|
The method of wearing the rebands of
Orders, Decorations and Medals, which will be the same in all cases, is as
follows:–--
A piece of the riband 11/2
inches wide, or the width of the medal riband, and half an inch in depth,
mounted on a bar of metal in the form of a brooch to be worn on the left breast
of the coat.
Wearing Of Orders,
Decorations And Medals By Ladies
In Morining Dress
All Members of the
various Orders, etc., and all those who have been awarded Decorations and
Medals may, should they wish to do so, wear their Insignia, Decorations and
Medals with Morning Dress on Official Occasions and at Public Functions.
The
method of wearing is as follows:---
|
Dames Grand Cross … … …
Dames commanders … … …
|
|
Should wear the Badges, Decoration
and Medals on the left side of the dress about 8 inches above the waist.
|
|
|
|
|
|
Members of the Order
of Merit, Crown of India, and companions of Honour.
Member of the 3rd,
4th or 5th Classes of the Order of the British Empire,
and Companions of the Imperial Service Order.
Ladies who have been
decorated with the Victoria Cross, the Royal Red Cross, or who have been
awarded Medals.
|
|
Should wear the Badgee, Decorations
and Medals on the left side of the dress about 8 inches above the waist.
|
The ribands of the
Orders, Decorations and Medals may be worn on all occasions at the discretion
of the holder.
The
method of wear, which will be the same in all cases, is as follows:---
A Piece of the riband,
one-and-a-half inches wide, or the width of the medal riband, and half an inch
in depth, mounted on bar of metal in the form of a brooch, to be worn on the
left side of the dress.
In
Evening Dress ladies may wear Orders, Decorations and Medals in miniature on
occasions when Insignia are worn ; but when gentlemen wear Levee or Full Dress,
Ladies whould wear full-size Orders, Decorations and Medals, as described on
pages 107 to 109, of Dress and Inssgnian Worn at Court (1921).
NOTE
The above intimation only refers to
Morning Dress and does not later the regulations with regard to wearing Orders,
Decorations and Medals with Uniform or with Evening Dress.
APPENDIX No. 4-3
I. Supplementary
regulations regarding the wearing of articles of uniform prescribed for
gazetted officers in Appendix 4.1are as follow:---
(1)
Indian
officers of the all Indian Service who elect to wear a Pagri in uniform, shall also wear it with Mess dress. Such officers
may wear a khaki cambric pagri with
working dress on all occasions except those when full medals are worn.
(2)
Officers
attending officially as spectators at Military ceremonial parade4s will wear “working
dress, Khaki” with field boots, spurs and swords and medal ribbons; decorations
and medals will not be worn.
(3)
The
sword frog of the “Sam Browne” belt will only be worn when the sword is worn. A
sufficient number of turns should be made with the strap of the sowrd knot to
absorb all the strap with the exception of the acorn.
(4)
The
pattern of field boot prescribed in Appendix 4-1 differs slightly from that
prescribed in “Dress Regulations” of the Army in India. The pattern authorized
in the edition of that publication corrected up to November 1925, may be worn
by Police officers; no other modification of the prescribed pattern is
permitted.
(5)
Spurs
will be worn on all occasions when field boots are worn, and with Mess dress.
The hunting spur worn in working dress should be of stainless steel with
flat-sided neck from 1 inch to 11/4 inches in length.
When field boots are worn, brown leather straps shall take the place of chains
for spurs.
(6)
Rules
regarding revolvers are contained in Chapter VI; officers shall provide
themselves with a brown leather ammunition pouch to be carried on the belt.
(7)
Breeches
(Bedford cord or Khaki drill) shall be fastened at the knee with laces and
eyelet holes. A pattern of Cavalry Cord approved for breeches will be
maintained in the office of the Inspector General of Police.
(8)
Kahki
cap covers shall be worn with working dress and white with Mess dress.
(9)
Badges
of rank with Mess dress shall be of metal and of miniature size. Plain gold studs
and links to be worn with dress, two shirts studs to show.
(10)
Gloves
shall notbe worn on parades with drill uniform. If worn with Serge (on
occasions when such uniform is allowed to be worn) or with greatcoats they
shall be of brown leather or buff wash leather.
(11)
Mourning
bands of black crepe, 3 ¼ inches wide, will be worn on the left arm above the
elbow at military funerals, and when otherwise ordered. Officers, including
uropean upper subordinates, in private mourning, may wear mourning bands if
they so desirer.
(12)
Swords
shall not be worn within the precincts of a Court of Justice.
(13)
A
whishtle with khaki lanyard will be worn on all occasions with working dress.
(14)
A
plain leather covered cane, 2 feet in length, will be carried on all occasions
when the sword is not worn.
(15)
The
chin strap should normally be worn up when, however, owing to the nature of the
duty on particular occasions, it is desirable that it should be worn down, all
officers will conform to the decision of the senior officer present.
II. The following variations
from the standard uniform prescribed for gazetted officers in Appendix 4-1 are
approved by the Punjab Government:---
(1)
Drab
serge jacket and trousers may be maintained by officers who desire to do so,
for wear in office, fortnight patrolling and for similar duties. Serge uniform
shall not be worn on parades or other duties with the men, nor on ceremonial
occasions, nor when meeting high officials. On all such occasions the
prescribed khaki drill jacket shall be worn, with warn clothing under it or
with the great-coat if necessary. The serge jacket may be worn also with
breeches and boots under the above restrictions. The Inspector – General and
Deputy Inspectors – General are permitted to wear serge uniform when carrying
out inspections.
NOTE
A pattern of the approved material for serge uniform
will be kept in the office of the Inspector–General.
(2)
Shorts
with ankle boots and half puttis (cotton) and footless hose (woolen) of the
same shade as issued to the men, may be worn at worn at the discretion of
Superintendents of Police on all ordinary parades and duties at all seasons
including attendance in courts of law, and may be worn in attendance on His
Excellency the Governor and other officials and inspecting officers between
April 15th and October 15th.
(3)
Shorts
with khaki stockings and shoes; and Jodhpur breeches with ankle boots or shoes
may be worn in camp and for fatigue duties at all seasons and duties in the hot
weather.
(4)
Khaki
shirts, worn with the top button open, without a tie and with shoulder straps
and badges of rank may be worn on the occasions specified in (3) above. Badges
of rank may be of worsted instead of metal.
(4) (a) Bush shirts of approved pattern and material
with belts of the same material with silver or white metal buckle may be worn
for all duties in rural duties, excepting the inspection of police stations in
the cold weather instead of approved pattern jackets.
(5)
The
cloth belt shall always be worn with uniform but may be removed in office. The
Sam Browne belt shall be worn on parades and on similar formal occasions.
(6)
Khaki
Pith topis with a Blue flash may be worn for all duties through, out the year
instead of the Wolseley helmet.
(7)
Waterproofs
of any pattern may be worn when necessary, provided they are of khaki color.
(8)
A
service dress khaki cap of the Army pattern with an I. P. badge and small
buttons on each side may be worn with working dress instead of the forage cap
with a Khani vocer.
NOTE (1) – Paragraphs
2, 3, 5 and 7 above are also applicable to upper subordinates. They will wear
bush shirts in place of shirts in place of shirts Khaki as mentioned in
paragraph 4 above and their badges of rank will be of metal and not worsted.
(2) Bush
shirts with belts of the same material, worn, with silver or white metal buckle
may be worn by Upper Subordinates on all duties in the hot weather, metal
badges of rank being worn on the shoulder straps.
(3) Upper
Subordinates stationed at District Headquarters may wear stacks khaki drill of
the approved pattern as an optional articles.
FORM No. 4-6 (1) (a)
Register
showing the cost articles of clothing and Equipment (Optional and others)
renewed to Upper Subordinates during a particular financial year.
No. of Upper Subordinates __________Financial Year
________ Total Renewal Grant___________
|
Date of Issue
|
Name and number of the Upper Subordinates
|
Article issued
|
Cost of articles
|
Progressive total for the financial year
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
|
Rs.
|
Ps.
|
Rs.
|
Ps.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM No. 4-6 (2)
Police Department _____________
District
ISSUE OR REPLACEMENTS OF CLOTHING AND EQUIPMENT
|
To
|
|
INSPECTOR
SERGEANT
SUB-INSPECTOR
ASSISTANT
SUB-INSPECTOR
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
Date of Issue
|
Article issued or replaced
|
Date of present issue or replacement
|
Date of previous issue or replacement
|
Signature of receipient
|
Signature of gazetted officer
|
Remarks
|
|
|
|
|
|
|
|
|
FORM No. 4-16
Police Department _____________
District
No.____________________ Rank__________________ Name____________________
|
1
|
2
|
3
|
4
|
5
|
6
|
|
Date of Issue
|
Description of article of clothing issued
|
Description of article of equipment issued
|
Signature of receipient
|
Signature of office in whose presence the issue was
made
|
Remarks
|
|
|
|
|
|
|
|
FORM No. 4-28 (3)
Police Department _____________
District
Proceeding
of a committee convened to survey ______________________________________
received from
________________ on ____________
|
1
|
2
|
3
|
4
|
5
|
6
|
|
Serial No.
|
Quantity or number indented for
|
Quantity or number received
|
Quantity or number passed
|
Quantity or number rejected
|
Report
|
|
|
|
|
|
|
|
President ______________
Member ______________
Member ______________
Dated_______________
The ___________19___
FORM No. 4-28 (3)
Police Department _____________
District
AGREEMENT
These articles of agreement made and entered
into on the ______________ day of ________ 19 , between the Governor of the Punjab
__________________________________ of the one part and A. B. of ___________ of
the other part.
Witness, that in consideration of the
stipulation hereafter contained, and by the said Governor of the Punjab and the
said A.B., respectively to be observed and performed, the said A.B. hereby
undertakes to make up and deliver (specification, number and description of
articles).
2. That
all the said articles shall be made equal in quality and similar in colour and
size to a sealed muster pattern now desposited with __________________ at
________________ and shall be made and finished in a workman-like manner to the
sarisfaction of the Superintendent of Police of ____________.
3. That
of the hole-number of articles agreed to be made up and delivered ____________
will be delivered within ____________ days and the remainder within_________
days of the date of this agreement.
4. That
all deliveries shall be made at the office of the said Superintendent of Police
at ______ between the hours of 10 a.m. to 4 p.m. on working days only.
5. That
every article shall be made and finished in all respects to the entire
satisfaction of the said Superintendent of Police, and he shall be at liberty
to reject any article if he does not approve, and such rejection shall be final
and conclusive.
6. That
the said Superintendent of Police shall give a written receipt, signed by him,
within _________ days of delivery exhibiting the number of articles delivered
and the numbers accepted and rejected, and such receipte shall be conclusive
evidence of the acceptance and rejection of the number of articles specified as
accepted and rejected.
7. That
all articles thus rejected shall be taken back and removed by the said A.B. and
nothing shall become due to or recoverable by the said A.B. in respect of any
article so rejected.
8. That
all articles thus accepted shall be paid for by the said Superintendent of
Police at the rate of Rs.___________________ for each article, within six days
after and exclusive of the date such acceptance.
9. And
it is hereby lastly agreed than, if, and so often as the said A.B. shall make
default in the due performance of any one or more of the stipulations herein
before contained and by him to be performed and observed, then and in any such
case the said Superintendent of Police shall be at liberty to assess the
amount, not exceeding Rs. _________ that shall represent the damages arising
from any such default on the part of the said A.B. and the assessment of the
said Superintendent of Police shall be final and conclusive aas to the amount
of such damages. Such amount shall thereupon become payable by the said A.B. to
the said Superintendent of Police. And the said Superintendent of Police shall
be at liberty to deduct and retain any amount so assessed from any sum of money
that may be or may become due and payable at or after the time of such failure,
to the said A.B. by the said Superintendent of Police, whether by virtue of
this agreement or otherwise.
10. And
in order to assist the said A.B. towards the due performance of his undertaking
it is hereby further agreed that the said Superintendent of Police shall
advance to the said A.B. such sum of money, not exceeding the sum of
Rs.__________, at nay time as the said A.B. shall from time to time in writing
require as advance, to be applied by the said A.B. to the purposes of this
contract, and not otherwise.
11. Provided
that the said Superintendent of Police shall not be required nor be bound, to
make any such advance unless and until the said A.B. shall have given security
approved by the said Superintendents of Police, to the amount of
Rs.______________, for the due performance of his contract and the proper
application of such advance.
12. Provided
also that the said Superintendent of Police shall not be required, nor be
bound, to make a second or further advance, unless and untill it shall have
been shown to his satisfication by the said A.B. that every previous advance
has been properly applied by the said A.B. for the purposes of his contract,
and not otherwise.
13. And
the said A.B. hereby agrees that he will give such security as aforesaid and
that the will apply every such advance to the purposes of this contract, and
not otherwise.
NOTE No. 1 – Forms may be obtained from
the Superintendent, Government Printing, Punjab.
NOTE No.2 Contracts in this form can only
be entered into by the Inspector-General of Police, Punjab.
FORM No. 4-29 (2) -A
Police Department _____________ District
Tender for services to be rendered by the
tailor of the Police Lines at __________________.
To,
The
Inspector-General of Police, Punjab.
Sir,
I/We____________________________
tailor contract of ____________________________ hereby agree that on the
acceptance of this tender, I/We____________________________________
______________ shall, in accordance with such acceptance, perform at all times
during the period of my/our employment as Lines tailor such work in connection
with the making up, fitting, altering or repairing of articles of uniform, and
generally such other work as pertains to a tailor’s trade, as the
Superintendent of Police ___________________________________ may order in
writing subject to the terms and conditions set forth in this tender and in the
schedule hereto annexed.
2. Within
___________________________________ days after the acceptance of this tender
I/we undertake to execute an indemnity bound in Form No. 4-29(2)-B or in such
other form or manner as may be prescribed, or to give such security in cash or
otherwise as may be required, by the Superintendent of Police, to the extent of
Rs.________________, the said bond to be liable to be enforced by the said
Superintendent against ourselves and sureties jointly and severally, or the
said security in cash or otherwise, as the case may be, to be liable to be
forfeited by him, in the event of my/our not complying with any of the terms or
conditions of this tender, and I/we agree that the decision of the said
Superintendent and his successors in office from time to time, as regards
whether just cause has arisen for the enforcement of the bond or the forfeiture
of the security aforesaid, and as to the
extent of such enforcement or forfeiture, shall be final and binding upon
me/us.
As witness se my /our hands this
________________________ day of _______________19.
Signature: ___________________
In the presence of:---
Witness
to the above signature:
(1)
Description:–--
Address:–--
(2)
Description:–--
Address:–--
Schedule
The terms and conditions of this tender are as
follows:---
(1)
The
Lines tailor shall be required to make u all articles of uniform and to execute
all repairs to clothing from material measured and supplied to him from the
Government clothing Store, and shall give a receipt for the material so
supplied.
(2)
He
shall be held responsible for the value of the material or other Government
property issued to him and shall be accountable for the value of all material
and Government property which is not return to the Superintendent of Police in
the shape of completed and acceptred articles.
(3)
The
rates of tailoring charges shall be paid according to the scale fixed from time
to time for each article by the Superintendent of Police in agreement with the
tailor:
Provided that such rates shall not exceed
the maxima laid down by the Inspector General of Police.
(4)
Orders
shall be placed with the tailor periodically, and the shall be required to have
the work done in the Police lines.
(5)
An
articles ordered shall be made similar to a sealed muster or other approved
pattern and shall be delivered at the office of the Superintendent of Police on
such date or such dates as may be fixed in the orders. The Superintendent of
Police shall be the final authority, on a report by the Survey Committee under
Police Rule 4-28, to reject any article which does not fulfil this condition.
(6)
The
direction of the Superintendent of Police as to the period within and place at
which articles are to be delivered shall be binding on the tailor and the case
of default in this respect he shall be liable to punishment, over and above the
making good of the value of any material or Government property for which he is
responsible, by forfeiture of the whole or such part as may be considered
reasonable of the security deposit referred to in this tender, on a report of a
Survey Committee under the Police Rule cited above.
(7)
The
tailor shall have the right of preferring an appeal to the Deputy Inspector
General of the Range, against the forfeiture of the security only.
(8)
The
tailor’s bills for all articles shall be paid for by the Superintendent of
Police at the rates agreed upon after being checked by such officers as the
Superintendent of Police may depute. Any alterations required to articles made
by the tailor shall be done free of charge.
FORM No. 4-29 (2) -B
Police Department _____________
District
KNOW ALL MEN BY THESE PRESENTS that we
______________________ (1) and __________________________(2) are jointly and
severally bound to the Governor of the punjab in the sum of Rs.____________ to
be paid to the said Governor of the Punjab has successors in office or assigns
for which payment to be made we bind ourselves and each of us in the whole; out
and each of our heirs, executors, administrators and successors jointly and
severally by these presents this ______________ day of _____________ 19 .
WHERE the said _____________________ (1)
is employed as a police Lines tailor at ______________________ and in that
capacity has the care, charge and responsibility for the safe custody of cloth
supplied to him for the making of uniforms, etc.
AND WHEREAS the said ________________ is
charged with the duty of properly at efficiently making uniforms form the said
cloth in the Police Lines at ___________________ as required and without
unreasonable delay in delivery.
NOW the condition of this bond in such
that if the above bounden _____________________(1) shall duly account for all
the cloth handed to him to be made into uniform etc., and shall properly and
efficiently make or cause to be made in the Police Lines_____________ the
uniforms as required and without unreasonable delay in delivery this bond of
obligations shall be void; otherwise it shall remain in full force
Signed
(Police Lines Tailor)
Witness –
(1)
_________________
(2) _____________________
Signed
(Surety)
Witness:--–
(1)
_________________
(2) _____________________
FORM No. 4-31
Police Department
return of police officers to whom it is recommended
that new medals should be issued at expense, to replace others lost.
District ________________
Date ____________
|
Constabulary No., Rank and Name.
|
Description of Medal
|
Description of Clasp.
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Corps in which the Medal was earned, and Regimental
number and rank at the time
|
Brief statement of cause of loss, with recommendation
of Board
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|
|
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Signature of Boards
|
|
President ______________
Member ______________
Member ______________
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Forwarded
to the _______________________
Superintendent
of Police.
(Form to be either hand drawn or printed locally.)
FORM No. 4-34 (i)
Police Department _____________
District
Account of material and cost of making up clothing
supplied to the Police force.
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DR.
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CR.
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1
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*2
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3
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4
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1
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2
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3
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4
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Date
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Description
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Total of Each
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Total
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Date
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Description
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Total of Each
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Total
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Note – In Column 2* after each entry a reference to
register 4-34(ii) should be given.
FORM No. 4-34 (ii)
Police Department _____________
District
Stock account of new articles
of clothing and materials received
and issued
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1
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2
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3
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4
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5
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6
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7
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Classification
of entries:–
A.
Receipts
B.
Issues
C.
Balances
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Years of issue to which belonging and the number
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Reference to the item in Register 4-34(i) showing trensfer of materials
subsequently made up into coats, pants, etc.
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Reference to the item in Register 4-35 showing
transfer to it of clothing for issue, sale or detruction
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Explanation of issues
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19 .
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19 .
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19 .
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A
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B
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C
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Note 1 – The balance to be struck after
each transatction.
Note 2 – When materials or articles of
clothing are issued to individuals on payment a reference shall be given in
column 7 to the number and date of the departmental bill issued or entry made
in Lines Officers list of deductions (rule 4-22).
FORM No. 4-37 (i) A
Police Department _____________
District
ABSTRACT statement showing
the cash transactions of the clothing fund during the financial year 19
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1
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2
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3
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4
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5
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6
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Receipts
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Amount
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Total
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Disbursements.
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Amount
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Total
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Rs. a. p.
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Rs. a. p.
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Rs. a. p.
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Rs. a. p.
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Balance
on 1st April 19 .
Clothing allowance for additions to
the atrength of the Force at Rs. 10 per head constable and constable.
Annual clothing allowance for the
District Police, at rs. 8 per head constable and constable.
Amount received from Government under
rule 10-113(c) Police Rules.
Amount received on account of clothing
allowance of additional police of all kinds.
Amount received for account of
clothing to replace deficiencies.
Allotment from Inspector General’s
reserve.
“Other receipts”–
(a) Sale proceeds of old clothing.
(b) Refunds of advances or of cost of articles
issued on payment.
(c) Other Miscellaneous petty amounts.
|
|
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Paid
for clothing …
Paid for carriage of clothing
material.
Paid to men ceasing to be members of
the Clothing Fund.
“Other payments”–
(a) Repairs to clothing.
(b) Advances recoverable on account of clothing
issued on payment or other advances.
(c) Other miscellaneous petty payments.
Balance in hand on 31st
March 19 .
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Grant Total …
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Grant Total …
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(Form to be drawn)
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Dated_______________
The ___________19___
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Superintendent
of Police
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FORM No. 4-37 (i) B
Police Department _____________
District
Balance sheet of the clothing
/ equipment fund on the 31st March 19__.
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1
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2
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3
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4
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5
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6
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Receipts
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Amount
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Total
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Disbursements.
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Amount
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Total
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Rs. a. p.
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Rs. a. p.
|
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Rs. a. p.
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Rs. a. p.
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Cash balance in hand on 31st March 19 .
Cash due from Police Officers on
account of clothing / equipment supplied on payment.
Estimated amount recoverable from
Government or clothing deposits under rule 10-113 (c) calculated at Rs. 8 per member of the Clothing Fund who
enlisted prior to the 1st April 19 .
Due from other than Police Officers.
Stock – Value of new clothing /
equipment in hand.
Value of full kits in stock in excess of
sanctioned strength at Rs. 16 each.
Value of second-hand clothing / equipment
in hand
|
|
|
Due for clothing / equipment supplied.
Clothing deposits of members who
enlisted prior to 1st Aprel 19
, at Rs.16 each.
Estimated cost of clothing / equipment
the issue of which is due or has been sanctioned, but which has not yet been
supplied.
Balance stock and cash.
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Grant Total …
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Grant Total …
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(Standard Form)
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Dated_______________
The ___________19___
|
|
Superintendent
of Police
|
CHAPTER–v Equipment
5-1. Articles
provided from the equipment fund – , Civil Police & Jails,” if
supplied by the Ordnance Department, or in the supplied list referred to in
rule 4-27(2), if obtainable by direct purchase.
5-2. Muster
patterns – (1) the
Senior Superintendent of Police, Lahore, and may be obtained for comparison by
other Superintendents of Police if saddles supplied appear noticeable different
from the authorized pattern in quality or otherwise. Muster patterns of all
articles of camel saddlery shall be kept by the Superintendents of Police of
the Hissar and Mianwali districts and articles supplied by contractors, if they
appear materially different from authorized patterns in quality or otherwise,
may be sent to those districts for comparison with the muster patterns by the
survey committee. Inspection diagrams of horse and camel kits are obtained from
the Superintendent, Government Printing, Punjab.
(2) for the issue,
sealing and checking o muster patterns of equipment shall be as prescribed in
rule 4-2 in regard to clothing.
5-3. Supply
of articles to enrolled police officers –
5-4. Replacements
–
(2)
All equipment lost, destroyed or reported unserviceable shall be reported on by
a survey committee constituted in accordance with rule 6-22 in the form
referred to in that rule. The committee shall consider whether replacement has
become necessary owing to fair wear and tear, or conditions over which the
policeman to whom the equipment was issued had no control, or o misuse or
neglect, and shall apportion the cost between the Government fund and the
individual accordingly. Reports of such committees for replacement of cost
shall not be acted on until an order has been issued by the Superintendent of
Police in the order book giving effect to them.
5-5. Stamping
of articles of equipment – duof
an inch in height; provided that the initial issues to upper sub-ordinates
referred to in sub-rule 5-4(3) shall not be so stamped:---
(a) All articles, not specially mentioned below,
with the district cypher and the year of issue.
(b) Belts and sword bayonet frogs with the
belt plate number, district cypher and the year of issue on the backs.
(c) Ammunition and expense pouches: with a
serial number, the district cypher and the year of issue, on the inside of the
flap.
(d) Handcuffs: with a serial number, which
shall also be stamped on the key, and the district cypher.
(e) Handcuff chains with the serial number
and district cypher on the handle. So far as possible handcuffs and chain of
corresponding numbers should be kept together.
5-6. Beds
and boxes numbers to maintained – (1) zed in the
distribution statement, and shall be issued to lines, police stations, etc., in
accordance with authorized distribution of establishment. Spare beds and boxes
not to exceed in number 5 percent of the total strength of lower subordinates
may be maintained in lines, for the use of policemen temporarily accommodated
there.
(2) Beds and boxes for additional police
shall be made up as required. On the disbandment of such additional police heir
beds and boxes shall be absorbed in the fixed allotment to replace shortages.
(3) All officers are prohibited from
taking Government beds and boxes for te use of themselves or their private
servants.
(4) A statement showing the number of beds
and boxes allotted shall be hung up in every barrack, guard room, police
station and post.
(5) Each bed and box in a police station
and its subordinate post and guard rooms shall be marked with the police
station cypher and a serial number, while those kept in lines, barrack and in
guard rooms at headquarters shall be marked with the lines cypher and a serial
number. The box allotted to each bed shall have the same serial number and
cypher as the bed.
5-7. Patterns
o beds and boxes – Beds shall be 6 feet long and 2 feet 6 inches wide, measured
from the inside fo he legs. Beds and boxes shall be of uniform pattern of the
type which has become standardized by long usage in the police department.
Boxes shall be made of wood 1” thick, internal measurements being 2’ X 1 ½’ X 1’
–4” and shall be raised from the ground
two inches by two pieces of wood along the sides of the same thickness as the
box.
NOTE
In all modern police barracks, wall
cupboards are supplied as well as boxes. As far as possible constables shall be
forbidden to keep private boxes in barrack rooms.
5-8. Purchase
and repairs of beds and boxes and cleaning materials – (1) The cost of purchase
and repairs of beds and boxes shall be met from the equipment fund.
Urgent petty repairs to beds and boxes shall
be carried out promptly under the orders f the lines officer or officers in
charge of the police station and paid for from his permanent advance, the
amount being recouped as prescribed rule 10-109(2) from the equipment fund.
(2) Damage
to bed and boxes resulting from fair wear and tear shall be made good at the
expense of the equipment dune. The cost of repairing damag resulting from carelessness,
neglect or mischief shall be born by the person who, in the opinion of the
Superintendent, is responsible for such damage.
(3) Materials
required for the cleaning of equipment may be purchased at the expense of the
equipment fund. This does not include cleaning material for articles of
equipment issued as part of full kits, e.g.,
belts and boots.
5-9. Supply
of horse equipment to upper subordinates – (1) Each upper subordinate required
to maintain a horse shall, on first appointment to that rank, be supplied at
the cost of the equipment funds, with a full horse kits of the prescribed
pattern. A sword and S. B. belt shall be similarly supplied.
(2) Upper
subordinates appointed before 1st April 1928 were not issued with
horse equipment, but were required to provide it at their own expense, Officers
appointed on or after that date have been so provided.
All
horse equipment provided at the expense of Government is the property of the
equipment fund of the district concerned and shall not be permitted to leave
the district. As funds permit, each
district shall acquire the full number of horse equipments required for
upper subordinates of the district. Should any upper subordinate appointed
before 1st April 1982 be in possession of horse equipment in goods
condition this may be acquired by the equipment fund. A survey committee
consisting of a gazetted officer and two upper subordinates shall fix the price
with due regard to the age and condition of the equipment.
5-10. Supply
of Government cycles – (1) Government cycles of a standard pattern for the use
of the police department are issued to districts according to their
requirements. The proper care and maintenance of these cycles is of great
importance and any loss or damages concerning them shall receive the same
attention as in the case of arms. The Lines officer at headquarters, and
station house officers and clerks in police stations, shall be held responsible
for reporting all cases, other than punctures and similar running repairs,
which should be put right immediately by the man concerned, of loss or damage
to cycles under their care, and an entry shall be made in the daily diary
giving exact details of the loss or damage. The cycles being a regular part of
police equipment, the procedure prescribed in rule 5-4(2) shall invariably be
followed when such cases are reported.
All lower subordinates are expected to be
efficient in the use and proper care of a cycle. Cycles can be freely used for
patrolling, preserving, message carrying and other duties in which their
employment can economize time and man power. Gazetted officers and inspectors
shall pay particular attention to the condition of cycles at their inspections,
both formal and casual, and shall mention the matter in their reports.
Expenditure in connection with the purchase of Government bicycle shall be met
from the reserve allotment at the disposal of the Inspector-General under the
secondary unit of appropriation ‘Purchase of bicycles – audited Contingencies’.
Bicycles may also be purchased locally from the Equipment Fund with the
sanction of the Inspector General of Police when the funds under ‘Purchase of
bicycles – Audited Contingencies’ are inadequate. Expenditure on repairs to
bicycle, including the cost of component parts, shall be met from the allotment
for ‘Contract Contingencies’. Standing orders shall be issued in every district
regarding the cleaning and maintenance of cycles and shall be strictly
enforced.
(2) A
History Sheet shall be maintained for each Government cycle in Form No. 5-10(2)
which shall be checked and signed by Gazetted Police Officers and Inspectors
during their inspections.
5-11. Annual
statements of the equipment fund – (1) At the end of each financial year
statements in Form 5-11 and 3-37(1)B, showing the transactions of the equipment
fund for the past twelve months shall be prepared in each district and entered
in the cash book after the balance for the year in question. A copy of the
Balance Sheet of the Equipment Fund should be submitted to the Inspector-General
of Police.
(2) Deputy Inspectors-General after their
inspections of districts shall submit a copy of their remarks on the condition
of the equipment funds to the Inspector-General.
5-12. Equipment
stock register – (1) An equipment stock register shall be maintained by the
clothing clerk head constable in Form 5-12(1) in which shall be shown
separately under heads (a) horse
equipment (b) camel equipment (c) foot equipment and cycles, each
article supplied from the equipment fund.
The equipment stock register shall be
balanced and audited on the 31st March and 30th September
by the reserve inspector, or in districts where there is no reserve inspector,
by the Lines officer, who shall certify under each head that he has taken stock
and that the balance shown in the register is correct. This certificate shall
be countersigned by the Superintendent or a gazetted officer empowered by the
Superintendent to do so.
(2) A
statement in English showing the permanent distribution for the whole district
of articles of equipment, other than articles in the personal keeping of
individual police officers, shall be prepared and pasted in the equipment stock
register after the half-yearly balance is struck.
5-13. Application
of orders in Chapter-IV to Chapter-V – The orders in Chapter-IV regarding the
clothing fund, clothing contracts, etc., shall as far as possible, apply mutatis mutandis to the equipment fund
and articles of equipment.
5-14. Issues
of articles of equipment – All issues of equipment shall be made in the same
way as issues of clothing, as provided in Rule 4-16.
5-15. Purchase
and acquisition of miscellaneous stores – For the distribution and checking of
all Government stores the district police lines is the channel. All stores
newly acquired must be sent in the first instance to lines and entered in the
appropriate registers. All stores needing repairs, other than emergent repairs
such as those referred to in rule 5-8(1), or ordered to be condemned must also
be sent to lines. In this way registers of Government property maintained in
lines will act as a check on al Government property throughout the district.
5-16. district
Miscellaneous Stores Register – A register to be called the District
Miscellaneous Stores Register in Form 5-16(1) shall be maintained by the head
clerk in English and, in the lines, by the kot head constable in Urdu. In it
shall be entered all Government property in the possession of the police of the
district including investock, except horses borne on the chanda fund, arms,
ammunition, equipment or clothing. Form 5-16(1) shall be ruled in ordinary
folio size paper. The register shall contain continuous entries from year to
year. Each entry shall be attested by the Lines officer in the column for
remarks. At the time it is made the balance of the particular store affected
shall be made out. At the end of each page all the balances shall be shown in
the last line and carried forwarded to the next page.
(2)
On the 10th April and 10th October of each year the
balances under all stores shall be shown in one line, and shall be verified, by
count, by the reserve inspector or a gazetted officer, and this fact and his
signature shall be recorded in the register in the column for remarks. When
verifying this balanc3e by count, the reserve inspector or gazetted officer
will have before him (a) stock taking
balances due from police stations on 31st March and 30th
September (b) the distribution
register of miscellaneous stores prescribed in rule 5-17.
To
facilitate this check, on or about the 15th March and 15th
September, the head clerk shall send out to each police station a blank return
form, i.e., a printed list of
articles corresponding to the headings of the miscellaneous stores register.
These forms will be completed and returned by police stations.
A
certificate shall be forwarded to the Deputy Inspector General of Police that
this verification has been carried out.
(3)
deputy Inspectors-General at their inspections shall call for this register and
see that entries have been regularly made and verify the record of actual
count. They shall, if possible, verify by actual count the balance of one or
more items.
(4)
to enable this check to be carried out regularly, on 5th April and 5th
October of each year the Lines officer shall bring to the notice of the
superintendent of Police the non-receipt of stock-taking lists of property from
any police stations.
(5)
This register shall be divided into parts for each description of article shall
be reserved at the end.
5-17. Distribution
Register of Miscellaneous Stores – A register to be called the Distribution
Register of Miscellaneous Stores shall be maintained by the head clerk in
English , and by the kot head constable in Urdu, in form 5-17/ This register
shall be divided into parts for each description of article, such as tents,
livestock, furniture, etc., and pages for miscellaneous articles shall be
reserved at the end.
After
the six monthly check on 10th April and 10th October
prescribed in sub rule 5-16(2) balances shall be struck in the Distribution
Register of Miscellaneous Stores to indicate the latest distribution of
property.
5-18. Lines
Miscellaneous Stores Register – A register in Form 5-16(1) shall be maintained
in lines by the kot head constable. In it shall be entered all Government
[property in lines or under the control of the reserve inspector or lines
officer including livestock. On 31st March and 30th
September the stock-taking balance shall be reported to the head clerk for use
in the check referred to in rule 5-16(2).
In
the case of property issued for regular use a note shall be made in the remarks
column showing the police officer in whose direct charge such property is.
5-19. Temporary
Issue and Receipt Register – A register shall be maintained by the kot head
constable in form 5-19 of all miscellaneous property issued temporarily. In
this register shall also be entered all property received by the Lines Officer
for sale, repairs or distribution, etc. All receipts shall be shown in black
and all issues in red ink. The remarks column shall give a reference to the
items in the equipment stock or other register, both when articles are issued
and when returned to stock.
The
register shall be checked and signed once a fortnight by the reserve inspector
or Lines officer, who shall note the articles not yet returned or pending
disposal. The register shall be destroyed seven years after the last date of
entry.
5-20. Scale
of tents – The scale of tents allowed for each district will be published from
time to time by the Inspector-General in the Police Gazette.
The minimum periods of duration of tents
shall be:---
|
Swiss cottage tents and light field service tents … … …
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6 years
|
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Pals … … … … … … … … …
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3 years
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Tents
shall not be condemned if still serviceable, even though the minimum period prescribed
above may have been exceeded.
5-21. Indents
for tents – (1) Indents for tents shall be submitted on 20th
February in each year, and tents shall be obtained from the Borstal Jail,
Lahore.
(2)
All tents shall be surveyed by a Central Committee at Lahore in accordance with
Punjab Government endorsement No. 17417-C and I., dated 10th
September 1917. On tents being passed and reaching their indenting district
they shall be marked on each separate part with the words “Punjab Police” and
the cypher of the district, and year of receipt.
(3)
Within four days of tents being received at the headquarters of the indenting
district intimation of their safe arrival shall be sent to the Inspector
General of Police with a view their cost being paid.
5-22. Government
property in barracks – Each barrack shall be under the charge of a head
constable, selection grade constable or assistant drill instructor, appointed
by the Lines officer, who shall be responsible for all Government property
therein, for the discipline of its inmates and for its cleanliness Officers who
occupy separate quarters shall be held strictly responsible for all Government
stores in such quarters.
5-23. Stock
Book of miscellaneous Government property in officers of Inspector-General, and
Deputy Inspector-General – (1) A Miscellaneous Stores Register, as prescribed
in rule 5-16(1), will be maintained in the office of the Inspector-General and
of each Deputy Inspector-General showing the livestock, European ad other
miscellaneous and moveable property in their custody, including iron safes,
European locks, European scales and weights, tents, ordnance stores, machines
of European manufacture, e.g.,
typewriters, bicycles, duplicators, scientific and mathematical instruments,
boats, vehicles, bugles, dark lanterns, etc.
The
following articles shall not be entered in this register:---
(a)
Books and articles of petty value.
(b)
Stores, such as stationery for the
audit of which there are independent arrangements (P.G.C.C. No.29)
(2) Stock shall be taken and the register
balanced and audited on the last days of March and September by the office
superintendent or t head clerk, who shall certify under each head that he has
taken stock and that the balance shown in the register is correct. This
certificate shall be countersigned by the head of the office who shall satisfy
himself as to the condition of the articles on stock. To facilitate
identification, each article shall be marked with the name of the concerned.
ASBSTRACT STATEMENT SHOWING THE CASH TRANSACTIONS
OF THE EQUIPMENT FUND DURING THE FINANCIAL YEAR.
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Receipts.
|
Amount
|
Total
|
Disbursements.
|
Amount
|
Total
|
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Balance
on 1st April 19 .
Horse equipment allowance at Rs. 7 each.
Foot equipment allowance at Rs. 2 each.
By sale of old articles of equipment/
By equipment allowance of additional police.
Other receipts not specified above.
GRAND
TOTAL..
|
Rs. a. p.
|
Rs. a. p.
|
Paid for horse equipment
Paid from fooot equipment (give details of each
issue, etc)
Balance in hand on 31st March 19 .
GRAND
TOTAL..
|
Rs. a. p.
|
Rs. a. p.
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( Form to be drawn by hand).
Dated______________
Superintendent
of Police.
The _______________19
Equipment stock register
Receipts Lines
Register No.5 Expenditure
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Date
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Nature
of receipt
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Articles
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Remarks
*
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Date
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Nature
of Expenditure
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Articles
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Remarks
*
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MISCELLANEOUS STORE REGISTER OF THE _____________ OF
______________DISTRICT
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Date
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Nature of transactions
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Description of stores
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Remarks
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a
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b
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c
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d
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etc.
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31-3-19
|
Opening
Balance … …
By
purchase … … …
Balance … … … …
By
purchase … … …
Balance … … … …
Unserviceable
& sold … …
Balance … … … …
Balance … … … …
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…
…
…
…
…
…
…
…
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…
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…
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…
…
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…
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Sale price credited on
Verified
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(To be ruled on ordinary folio
size paper)
Distribution register of
miscellaneous stores
Name of article
(Bilingual Standard Form)
Lines register No. 12
Register of articles issued
temporarily and of transmission of property
CHAPTER–vI Arms
and Ammunition.
6-1. General scale of arms, ammunition and
stores for maintenance – The armament of the police is fixed by orders of the
Central Government, without which authority no changes in the nature and amount
of such armament may be made. The authorized scale of arms, ammunitions,
equipment for the carrying and stores for the repair and maintenance of arms is
shown in “Equipment Tables of Civil Police and Jails,” published under the
authority of the Central Government and obtainable from the Central Publication
Branch, Government of India, Calcutta. At least two copies of this publication
shall be in the possession of each range Deputy Inspector General and
Superintendent of Police, and authorized corrections as issued from time to
time.
6-2. Source of supply of arms, ammunitions,
etc. – (1) All items shown in the Equipment Tables shall be obtained by indent,
in the manner prescribed in the rules which follow, from the Ordnance
Department. Police armament is supplied on payment, charges being met from
funds administered by the Inspector General. In respect of certain items the
Inspector General may decide, from time to time, obtain supplies from sources
other than the Ordnance Department. Such exceptions to the general principle
that the Equipment Tables are the authority for demands will be notified in the
Police Gazette or otherwise.
(2) In every police office concerned a special permanent file shall be
maintained containing copies of orders by the Inspector General authorizing
exceptions to, or deviations from. The Equipment Tables Except in the office of
range Deputy Inspector’s General, this file shall be kept in duplicate, one
copy being in the English Office and the other in the headquarter lines office.
6-3. Distribution of arms to districts – The
distribution of arms to districts is fixed by the Inspector General in
accordance with the principles approved, from time to time, by the Central
Government. Each district shall maintain a printed statement showing the total
armament of the district as so fixed and its permanent distribution within the
district as approved by the Deputy Inspector General of the range. This
statement shall be countersigned in duplicate by the Deputy Inspector General
and one such countersigned copy shall be hung up in the office of the
Superintendent and the other in the armoury. Relevant extracts, duly signed by
the Superintendent of Police personally shall be hung up in the armoury, or
equivalent place where arms are stored, of the lines and of every police
station, post or standing guard where arms are maintained.
6-4. Description of police arament – The
classes of armament authorized for the police are as follows:---
(a) Rifles – short magazine Lee-Enfield, for
mounted police, 1st armed reserves and such other police as may be
authorized to be so armed.
(b) Muskets breech loading 410 bore for head
constables and constables in the proportion of the total establishment of those
ranks for which such armament is authorized (vide rule 6.5).
(c) Riles – short .22 inch R. F. for
instructional purposes, in numbers authorized for each district by the
Inspector General.
(d) Pistols – Revolver 455 inch for gazetted
officers and upper subordinates according to the scale and condition prescribed
in rule 5.5.
(e) Sword – bayonets pattern 1903 for
rifles, short M. L. E., pattern 1903 for 410 muskets (one per musket) and
pattern 1887 for side arms for such proportion of establishment as may be
authorized.
6-5. Scale of arms districts – (1) The armament
of police in districts in calculated according to the following scale:---
Muskets-
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(a)
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Permanent standing guards.
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One per man.
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(b)
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Police stations
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…
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The proportion
fixed by Government for each class of
police stations.
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(c)
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Reserve at headquarters.
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…
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20
percent of the total sanctioned establishment of head constables and 40
percent of that of foot constables exclusive of the number of those ranks
armed with rifles.
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Reserve at Police
Training School, Phillaur.
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237.303
H. V. Rifles and 500.410 muskets.
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NOTE
The
237.303 H. V. rifles are available for training purposes but they can only be
drawn on for issue under the orders of the Inspector General. 110.410 muskets
and 6.22 Lee Enfield rifles are also maintained for training purposes.
Rifles-
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Mounted police
and 1st armed reserve.
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One per man
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Revolvers-
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Upper
subordinates other than those employed on clerical and persecuting duties,
probationary and officiating sub-inspectors.
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One per office
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NOTE
The supply of revolvers to gazetted officers is governed
by rule 6-11.
(2) The above scale applies to all district except those
for which a special scale, either for the whole district or for a portion of
its establishment, has been authorized by Government and notified by the
Inspector General. The sanctioned scale of revolvers includes a proportion for
officers officiating as upper subordinates, and for upper subordinates of
additional police (vide Memo.
2647/9-21/23 dated 22nd November 1927).
(3) When the establishment of a district is increased or
decreased, or when the strength of an police station or guard within a district
is altered in such way as to affect the above scale, application shall be made
to the Inspector General for sanction to alter armament of the district
accordingly, or to the Deputy Inspector General to after the distribution of
arms within the district, as the case may be.
6-6. Changes in fixed distribution – A
Superintendent may, in case of necessity, temporarily increase the issue of
arms to any place, but all such changes shall be reported to the Deputy
Inspector General, who will satisfy himself at his inspections that the
authorized permanent distribution is not altered without him sanction.
6-7. Stamping of arms – All arms issued to the
police with the exception of revolvers, shall be stamped with the district
cypher and a serial number. Rifles and muskets shall be stamped on the butt
plate; bayonets shall be stamped on the hilt and bayonet scabbards on the
locket.
6-8. Register of distribution of arms – (1) The
distribution and movement of individual arms on charge, shall be recorded in
Part I of the Arms distribution Register (Form 6-8), to be kept by the kot head
constable under the supervision of the line officer. In this register shall be
shown only actual arms and those accessories which are issued with them, and
the register shall be divided so that a record of each item may be kept
separately vide instructions in the form. Columns 3 and 4 of the form shall be
balanced daily, the balance being shown in red ink, provided that no balance
need be struck on any day when no transaction has taken place. The normal
transaction is an issue from one sub-column of column 3 balanced by a receipt
in another, the district total being unaffected; whenever an entry affecting
the latter is made, e. g., the return
of a musket to the arsenal or the transfer of a bayonet scabbard to condemned
stock-an explanatory entry shall be made a column 5. Care must be taken that
when a weapon is moved, the necessary entries are made respecting any accessory
moved with it. The Lines Officer shall check this register at frequent
intervals.
(2) In Part II of the register shall be maintained a nominal roll of the
distribution of revolvers on charge in the district.
(3) A separate register in form 6-8(3) shall be maintained by the Kot
Head Constable under the supervision of the Lines Officer, in which a history
sheet of each weapon on charge in the district be entered.
6-9. Special orders regarding rifles M.L.E. –
(1) All rifles M.L.E. shall be kept in the armoury in a separate rack. A
register [Form 6-9 (I)] shall be maintained by the kot head constable under the
supervision of Lines Officer showing the names of the men permanently mobilized
at headquarters to whom M.L.E. rifles are issued, and the arsenal number of the
rifle and files bolt issued to each man.
When rifles are issued from the armoury each man shall take the particular
rifles registered against his name and will be held responsible for it.
(2) If
the kot head constable finds, when a rifle is being returned to store, that is
is damaged or that any part of it is lost or damaged. The shall produce the man
surrendering the rifles before the Lines Officer, and cause an entry to be made
in the lines diary detailing he loss ordamage that has occurred.
(3)
Every police officer, who loses or damages his rifles, bayonet, or any part
thereof, shall report such loses or damage without delay to the officer
commanding his party. A report shall be submitted immediately in writing to the
Lines Officer, who will inform the Superintendent of Police without delay. An
enquiry shall be made immediately in accordance with instructions laid down in
rule 6-22. In the event of the loss of a rifle, rifle-bolt or musket-bolt the
police officer directly responsible shall be suspended until the orders of the
Deputy Inspector General of Police are received on the report of the Committee
of Enquiry. Any police officer, who fails to report forthwith the loss of a
rifle or rifle-bolt by a man under his command, shall be suspended and charged
with neglect of duty. An officer, to whom the report of such loss is made,
shall immediately take all possible steps for the recovery of the rifle or bot.
6-10. Custody and case of arms – (1) All arms,
when not in use, shall be kept in racks in the armoury or other place appointed
for the purpose. In the lines the kot hard constable, under the direct and
personal supervision of the Lines officer; at police stations, the station
clerk, undr the supervision of the officer in charge of the police station; and
at all other places the officer in command of the detachment shall be directly
responsible for the custody and care of all arms borne on charge and for the
correctness of all issues and receipts.
(2)
Detailed instructions for the cleaning of rifles, muskets and bayonets are
contained in Appendix 6.10(2). The individual police officer to whom a weapon
is issued shall be responsible for cleaning it according to these instructions
before and after use. The periodical cleaning and oiling of arms not in use
shall be done by fatigues told off for the purpose. The “pull off” of all
rifles and muskets shall be tested annually.
(3)
Every police officer is personally responsible for the safe custody and care of
every weapons, or accessory thereto, issued to him, until it is returned to the
custody of the officers responsible for issuing it, as prescribed in sub-rule
(1) above.
6-11. Revolvers – (1) Notwithstanding anything in
rule 6.10 above, a police officer to whom a Government revolver has been issued
shall be personally responsible for its custody and care at all times, even
when he shall have disposed of its as provided in sub-rule (3) below, when
proceeding on leave.
(2) In
addition to the rechard maintained in Part II of the Arms Distribution
Register, the number and make of the revolver issued to an upper subordinate
shall be entered in his character roll.
(3)
When an officer to whom a revolver has been issued ceases to be a police
officer, or ceases to belong to a rank to which revolvers are issued, or
proceeds on leave other than casual leave, he shall return the revolvers are
issued to him, together with all equipment, ammunition and accessories issued
to him with such revolver, to the Lines officer for deposit in the headquarters
armoury.
NOTE
Each
revolver on charge shall be fitted with a khaki cord lanyard of approved
pattern at the cost of the equipment fund.
(4) Each gazetted officer is required to be armed with a revolve or
automatic pistol of .450/.455 bore, purchased and maintained at his own
expense, either privately or from the Ordnance Department. All gazetted
officers are permitted once in their service to purchase at cost price a
service revolver, with accessories, from a Government arsenal.
6-12. Ammunition scale – Ammunition for arms held
by the police is authorized on the scales shown in the “Equipment Table, Civil
Police and Jails.” The allotment shown in table 2 is “service” ammunition; that
shown in table 11 is the annual or “practice” supply.
6-13. Distribution of ammunition – (1) The primary
division of ammunition on charge is into “service” and “practice” stocks,
according to the scale referred to in rule 6-12 above.
(2)
Ammunition shall be supplied from the “Service” stock to police stations,
outposts, and standing guards where muskets are kept at the scale of ten rounds
shall and five rounds, backshot per musket. At police stations and outposts the
whole of this stock shall be kept ordinarily in a locked box in the store room,
issues being made as required for use. At guards ten rounds ball shall be
issued to each head constable and constable of the guard and shall be carried
in a pouch, and the stock of buckshot ammunition shall be kept in a locked box
in charge of the guard commander, to be issued only when required for use.
Buckshot ammunition also be issued to escorts at five rounds per musket.
Each
police sentry who is armed with a musket and his relief shall carry in his
expense pouch three rounds of buckshot ammunition.
(3) The
remainder of the “service” stock and the whole of the “practice” stock, except
the expense stock referred to in rule 6-14 shall be kept in the magazine.
(4) The
total stock of ammunition of all kinds, with the divisions and distribution of
each class, shall be shown in each district in a statement to be countersigned
by the Deputy Inspector General of Police and hung up in the magazine and in
the office of the Superintendent of Police. Relevant extracts from this
statement shall be supplied to each police station, etc, having ammunition on
charge.
(5) The
Superintendent of Police may, in case of need, temporarily alter the amount of
service ammunition kept at any place, but all such alterations shall be
reported to the Deputy Inspector General of Police.
6-14. “Expense” stock – (1) A small stock, the
amount of which shall be fixed for each district with the approval of the
Deputy Inspector General of Police, and shall not ordinarily exceed one full
box, shall, n the case of the following classes of ammunition, be issued from
the “practice” stock in the magazine to the charge of the kot head constable,
to be kept by him in the armoury as the “expense” stock, viz.,-cartridges ball .410 bore ; buckshot .419 bore ; blank .410
bore and blank .303 inch. Under no circumstances shall cartridges, ball, .303
inch, be issued to the “expense” stock or stored elsewhere than in the
magazine. Cartridges, drill, .303 inch, be kept in the expense stock.
(2)
From the expense stock issued shall be made to armed parties proceeding on
patrol, escort and other armed duties and to all parties detailed for practice
with blank ammunition or on the range. If the expense stock is insufficient for
the needs of such parties, it shall be supplemented by an issued from the
magazine.
NOTE
The “Quarter
Guard” being a permanent guard, shall have its own stock of ammunition under
rule 6013(I) and shall not be supplied from the expense stock.
(3) From
the expense stock there shall be kept filled in the armoury so many bandoliers
(40 rounds ball), pouches (10 rounds ball) expense pouches (3 rounds buckshot)
as the Superintendent of Police may be standing order direct, according to the
scale considered necessary in each district for emergencies and for issue to
normal daily armed duties. The remainder of the expense shall be kept by the
kot head constable in a locked box. The ammunition kept in pouches shall,
however, always be issued on the first opportunity for expenditure on the range
and replenished from the balance of the stock.
(4) The kot head constable shall personally make all and receipts and
keep the account of this stock in Form 6-14(4). He shall replenish the stock as
required from the magazine in exchange for a corresponding number of empty
cases, damaged or lost rounds.
6-15. Revolver ammunition
– (1) Ammunition is issued free to all officers in possession of service
revolvers on the scale shown in the Equipment Tables; in addition all such
officers are allowed to purchase 100 rounds annually from the Ordnance
Department at cost price. Such purchases, except the initial purchases by each
officer, as well as all replenishments of the free issue, must be supported by
the deposit of an equivalent number of empty cases or loss statement in
I.A.F.A-498 duly authenticated, in lieu thereof..
(2) Officers are personally responsible for their own ammunition, both
that issued to them free and any which they may purchase. The total stock of
revolver ammunition and its distribution to gazetted and non-gazetted officers
will be shown in the statement prescribed in rule 6-14(4), but no detailed
account of it will be kept in the magazine. Any officer may, with the
permission of the Superintendent of Police, deposit such proportion of his
revolver ammunition as he may wish for safe custody in the magazine in a box,
or other receptacle, locked or sealed by himself.
(3) Replacement of revolver ammunition expended, whether on service, or
practice, shall be made, when supplies are received from the arsenal in
compliance with annual special indents submitted for the whole district (vide rule 6-25). Empty cases shall be
deposited after each expenditure of ammunition with the kot head constable, who
shall enter the receipt and the name of the officer making the deposit, in the
expense stock register. When cartridges or empty cases are lost, the officer
from whose stock they have been lost shall be responsible for reporting the
matter and for having the necessary loss statement prepared.
6-16. Ammunition accounts
– (1) Ammunition of any class expended in action against criminals, or in any
manner otherwise than in annual musketry practice, shall be debited to the
service stock. The practice stock is provided solely for training purposes, viz., elementary and range practices and
repetitions thereof as duly authorized from time to times. The allotment
represents the maximum which may be
so expended annually.
(2) The service stock must always be kept complete, any expenditure from
it being replaced immediately from the expense stock. Should such replacement
of service ammunition reduce the practice stock below the amount required for
training, a special indent against “Service” expenditure may be submitted [vide rule 6-26(4)].
(3) In order that the oldest ammunition on charge may be expended in
practice, all ammunition received from the arsenal shall be placed in the
service stock, a corresponding transfer of the oldest of that being made to the
practice stock. This transfer shall normally be carried out when the annual
supply ammunition is received from the arsenal; it shall be combined with the
renewal of all service ammunition on issue in police stations, guards, etc.;
all such ammunition being withdrawn and transferred to the practice stock in
the magazine and being replaced from the next oldest portion of the service
stock.
(4) No account of the service stock other than the distributions
statement [rule 6-13(4)] is necessary. Transactions affecting the practice
stock shall be recorded in the magazine register [Form 6-16(4)]. In this
account, so far as possible, bulk transactions only shall be shown. Except in
the case of .303 ammunition, the details of which must be kept in the magazine
register, issues for whatever purpose from the magazine shall ordinarily be
made to the expense stock, and the detailed expenditure shall be recorded only
in the accounts of the latter. Similarly, empty cases and damaged rounds shall
be collectd in the expense stock and deposited in the magazine in bulk in
exchange for fresh ammunition.
6-17. Control and
inspection of magazines and storage of ammunition there-in – Rules for the
control and inspection of magazines are published as Appendix 6-17(A). Each
class of ammunition shall be kept together and separate from other classes. In
each class service shall be separated from practice stock, and, within each
such stock, spaces shall be left between groups of boxes received at different
times from the arsenal. Each such group shall be marked with a card showing the
date of receipt, date of entry in service, or practice stock as the case may
be, and the ordinance mark and date of manufacture. When miss-fires and other
defects occur tests shall be carried out according to the rules in the Appendix
6-17(B).
6-18. Disposal of empty
cases and defective rounds – Empty cases and defective rounds may e returned to
the arsenal at any time and should be so returned periodically as they
accumulate, the return being supported by a voucher in each case in
I.A.F.Z.-2096 in duplicate. Pending return to the arsenal, empty cases of each
class of ammunition and defective rounds shall be kept separately in boxes in
the magazine. Before being packed for dispatch they shall be counted and
checked with the magazine register. Each class shall be packed separately for
dispatched rounds shall not be pocked with empty cases. Paper cases of blank
.476 shall be burnt and the brass of the bases collected after burning shall be
returned to the arsenal, accompanied by a certificate signed by a gazetted
officer and showing the member of cases burned. Defective rounds, or condemned
ammunition, shall on no account be broken up locally.
6-19. Check of ammunition
– The keys of the magazine shall be kept by the Lines officer, who shall keep
up the magazine register personally. The Lines officer shall, further,
personally count the practice stock, including the expense stock, once a
quarter, and shall record the fact in the lines diary and by a note in all
registers concerned. In districts where there is a reserve inspector, he shall
personally check the stocks and registers once a quarter, and, after
reconciling any errors or discrepancies he may find, certify on the registers
that he has done so and that the accounts are correct and the ammunition shown
therein is actually present. In other districts this check shall be carried out
by a gazetted officer twice a year.
6-20. Component parts and
stores – (1) The Equipment Tables show the component parts and stores
authorized for the repair and maintenance of arms. Armourers tools and
materials shall be kept in each district according to tables 4 and 5
replacement being obtained as required in accordance with rule 6-25. Tables 7,
8, 9 and 11 show the description and scale of component parts and stores for
the periodical cleaning and overhaul of arms and their accessories, which each
district is required to maintain.
(2) Tools and stores for lubrication, etc., shall be kept by the
armourer and checked at least once a year by means of the Equipment Tables by a
gazetted officer. Components shall be kept in locked cabinets in charge of the
kot head constable. Issues from the stock of components shall be made to the
armourer only on the authority of a gazetted officer (vide rule 6-21 below). A stock book of component parts shall be
kept in form 6-20(2) by the kot head constable, by means of which the
components on charge shall be check and annual and other replacement indents
prepared. The authority for each issue shall be noted in the register and, when
the cost of components is recovered from individuals, the entry shall be in red
ink.
6-21. Care and repair of
arms – (1) In every district on or more qualified armourers (according to the
establishment sanctioned in each case) shall be entertained and the
Superintendent shall be responsible that their efficiency is maintained. All
such armourers shall be men trained at an Indian Electrical and Mechanical
Engineering establishment and shall be sent, under arrangements to be made with
the nearest Brigadier I.E.M.E., for refresher courses from time to time.
Armourers are required to know the names and uses of all components, tools and
stores referred to in rule 6-20 above and to be able to carry out all
replacements of components, minor repairs, special cleaning and periodical
lubrication of arms and accessories held on charge in the district.
(2) The components shown in table 9 shall be maintained only in those
districts where the armourer is fully competent to repair revolvers. In other
districts repairable revolvers shall be sent to the arsenal.
(3) Ordinary replacements of components lost or damaged in the course of
duty with arms, and loses of ammunition not exceeding 5 rounds in any one case,
may be replaced on the authority of gazetted officer, who shall in each case
prepare a loss statement in I.A.F.A-498 and pass orders whether the cost of
repairs is to be borne by Government or by the individual police officer
responsible. In the latter case an order of the recovery of the sum involved
(ascertainable from the priced vocabulary of Ordnance Stores) shall be issued
in the order book, and recovery shall be made in the acquittance roll of the
pay next due to the officer concerned.
(4) Whenever a weapon is seriously damaged, i.e.; when its repair involves more than the replacement of a loss
or breakage such as might occur in normal use a committee of enquiry under rule
6-22 below shall be held.
6-22. Procedure when arms
are lost or seriously damaged – (1) When any weapon forming part of police
armament is lost or seriously damaged, or when ammunition or fired cases,
exceeding five in any one case, are lost, a committee of three officers, of
whom at least one shall be a gazetted officer, shall be appointed by the
Superintendent to enquire into the circumstances under which the weapon was
lost or damaged and to decide whether the cost of replacement shall be borne by the Government
or otherwise.
The report of the committee, which shall be in the prescribed form
A.F-2, shall be submitted to the Deputy Inspector-General for approval and
orders. To the report shall be attached a loss statement (I.A.F.A-498), on the
reverse of which the Deputy Inspector-General will pass his orders. This
statement shall be attached to the indent sent to the arsenal for the replacement
of arms lost or damaged.
(2) When the loss, destruction or damage of any weapon is found by the
committee assembled in accordance with sub-rule (1) above to be due to the
neglect or malice of any police officer, such committee shall record its opinion,
whether the cost of repair or replacement should be borne wholly or in part by
the officer at fault. Unless there are special reasons to the contrary, the
whole cost shall be charged to the officer at fault.
6-23. Unserviceable arms –
When any weapon is found by a committee assembled under rule 6-22 ante to be unserviceable and not
repairable, whether from fair wear and tear or by the neglect of an individual
police officer, an abstract of the report of the committee shall be forwarded
to the Chief Ordnance Officer concerned, in I.F.A.Z-2098, for his sanction to
the return and replacement of the weapon.
6-24. Signal pistols and
ammunition – Signal pistols and signal and illuminating cartridges are
authorized on the scale shown in table 2 of the Equipment Tables for purposes
of village protection in times of disturbance. This armament shall ordinarily
be kept in the magazine at district head quarters, being shown in the
distribution statement of arms and ammunition, and shall only be issued to
selected villages, when, in the opinion of the Superintendent of Police, with
the concurrence of the District Magistrate, circumstances warrant it.
6-25. Indents – (1) All
indents for arms, ammunition and ordnance stores shall be in I.A.F.Z.-2091 and
shall be countersigned by the Deputy Inspector General before submission to the
arsenal concerned. Indents shall be prepared by tables as shown in the
Equipment Tables of Civil Police and Jails and separate indent sheets shall be
used for each of the Ordnance Sections, the last sheets only being signed. For
example, one indent only in necessary for stores in table2, but a separate
sheet should be used for each Section shown in the table from which articles
are required, as B-1, B-2, B-3, B-4, C-1 and so on.
(2) Indents may be either for first issues or replacement. Indents for
first issue shall be submitted only when an increase of establishment or a duly
authorized change in the sanctioned scale justifies them, and in each such case
the authority shall be quoted. Replacement indents shall ordinarily be
submitted annually in the first week in December to the Deputy
Inspector-General, who will countersign and forward them to the Chief Ordnance
Officer so as to reach the latter officer on or before the 1st
January, but if immediate replacement is required, as in the case of an
unserviceable weapon, or when the stock of a particular component is exhausted,
a special indent may be submitted through the same channel at any time.
(3) Replacement indents shall be framed so as to bring the stock of the
article indented for up to that authorized in the Equipment Tables. The stocks
shown in the those tables represent the full quantity of each articles required
to be kept; only that quantity shall be indented for which represents the
amount by which the authorized stock has been depleted since the last indent
was submitted. Every replacement demanded must be supported by equivalent
numbers of damaged weapons or parts, or empty or damaged rounds, or loss
statements duly countersigned and accounting for the balance in detail. Loss
statements shall invariably be prepared at the time when the loss is reported,
and shall be forwarded to the Deputy Inspector-General for orders, together
with the committee report under rule 6-22 when necessary. On return by the
Deputy Inspector General they shall be kept in the office of the Superintendent
and attached with the annual indent, unless replacement of the lost articles is
demanded on special indent.
(4) No period is prescribed for the replacement of weapons, accessories
or armourers tools; individual articles shall be replaced as they become
unserviceable and are condemned by proper authority.
(5) The number and date of the voucher on which stores to be replaced
have been returned to the arsenal shall be quoted in all replacement indents.
(6) Indents for small arms and ammunition shall be submitted as under:---
Districts
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1.
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Rawalpindi, Campbellpur, Mianwali, Sargodha, Jhang,
Muzaffargarh, Multan, Deral Ghazi Khan, Jhelum, and Gujrat.
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D.A., D.O.S, Rawalpindi
district, Rawalpindi Cantonment.
|
|
2.
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Lahore, Gurdaspur, Sheikhupura, Amritsar, Lyallpur,
Sialkot, Gujranwala, Ambala, Karnal, Simla, Kangra, Hoshiarpur, Jullundur,
Ludhiana, Ferozepure, Montgomery, (Sahiwal) Hissar, Rohtak and Gurgaon.
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D.A., D.O.S,
Lahore district, Lahore Cantonment.
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(7) The
description or arms, etc., given in the Equipment Tables shall be strictly
followed in indents and supporting documents. Indents shall be marked “ Ready
to receive in read ink”.
(8) In
order that the departmental accounts may be correctly adjusted, all articles
the cost of which has been recovered from individual police officers shall be
replaced by special replacement indent, on which shall be noted reference to
the treasury receipts for payment of the sums recovered. [See also sub-rules
6-20(2) and 6-21(3)].
6-26. Special rules for ammunition indents – (1)
When empty cases or damaged round have not been returned to the arsenal in full
prior to the submission of a replacement indent, a certificate shall be attached
to the indent showing the number in hand ; the total indented for should
balance the number already returned or accounted for by loss statements.
(2)
Each class of ammunition is supplied by the Ordnance Department in packets
containing a standard number of cartridges, and the packets are dispatched in
sealed boxed containing a standard number of round. These numbers are marked on
the packets and boxes, Ammunition shall be indented or in multiples of full
boxes (packets in the case of buckshot, blank and revolver ammunition), the
balance of less than a full box (or full packet) required to complete the
authorized stock being shown in the indent and ammunition accounts as due and
to be recovered in subsequent indents.
(3) The
stock of ammunition for 303 and 22 rifles is calculated on the number of men
trained in the use of those weapons this number is, unless specially ordered
otherwise, twice the number of the first armed reserve of the district, plus the number of mounted police.
(4)
Indents for the replacement of ammunition expended on service (vide rule 6-16(2) shall be made annually
or at more frequent intervals, but separately from the annual indent for
practice ammunition.
6-27. Stock-taking – (1) All arms, ammunition and
ordnance store are required to be to be checked twice year, together with other
Government property on charge (vide
rule 5-16). As soon as the returns of stock-taking have been received from
police stations, etc., and not later than the 10th April and 10th
October, the reserve inspector or, in districts where there is no reserve
inspector, the Lines officers shall personally check the whole stock of arms,
ammunitions, accessories, appliances, stores, tools and components kept in the
lines and at standing guards, etc., subordinate to the lines. Having noted or
reconciled any discrepancies in these stocks immediately in his charge, he
shall compare his accounts and the returns from outside detachments with the
distribution statements of arms and ammunition for the whole district and with
the Equipment Tables, and shall report the result, noting and discrepancies, to
the Superintendent. On receipt of this report by the Superintendent, a gazetted
officer shall be required personally to verify it. Such Gazetted officer shall
enquire into and pass orders on any discrepancies disclosed, taking the orders
of the Superintendent if necessary, and shall personally satisfy himself of the
correctness of all the articles reported on. The report, when dully verified by
a gazetted officer, shall be attached with the reports of the general
stock-taking of Government property in the district.
(2) The
sock-taking ordered above shall be in addition to the checks ordered in rules
6-6, 6-10 and 6-19.
(3) All
arms, ammunition and ordnance stores on charge shall further be thoroughly
checked on transfer of charge of reserve inspector or Lines officer, and, when
the kot head constable or armourer is transferred, the stocks for which they
are directly responsible shall be checked.
6-28. Inspection by Civil Chief Master Armourer –
(1) Each district, the Railway Police and the Police Training School will be
visited once in three years by a Civil Chief Master Armourer. This officer will
inspect one third of he arms on the charge of the Police every three years and
report on all arms (including signal pistols, bayonets and bayonet scabbards)
armouer’s tools and materials brought before him. He will not inspect
ammunition or any stores or equipment obtained otherwise than from the Ordnance
Department.
(2) Inspections referred to above are carried out at the request of the
Inspector General of Police and will be held at District Head quarters, Railway
Police Lines and the Police Training School. Superintendents of Police,
Assistant Inspector General, Government Railway Police and Principal shall
ensure that all arms not inspected at one such inspection shall, without fail,
be produced at the next inspection. Prior to the arrival of the Civil chief
Master Amourer numerical rolls in I.AF.O.-1455 shall be prepared in duplicate,
showing the district and manufactory numbers and marks on arms to be inspected.
An officer not below the rank of inspector shall be present throughout the
inspection.
(3) Such inspections are to be paid for by the Provincial Government. If
any Superintendent of Police thinks an inspection necessary he should address
the Inspector General of Police with a view to his having the district included
in the next tour program of the Civil Chief Master Armourer.
(4) The report of the Civil Chief Master Armourer, when received, shall
be forwarded by the Superintendent, with any necessary explanations, or reports
as to the responsibility for deficiencies and damages brought to light, to the
Deputy Inspector General, with whose sanction replacements authorized and other
action recommended by the inspecting officer may be undertaken.
(5) Inspection or test of Small Arms Ammunition and explosives by
Inspecting Ordnance Officers is carried out inn Arsenals. The Inspecting
Ordnance Officer will call upon the Superintendent of Police to full up and
submit to him Form G-803 in the case of ammunition (303 rifles, 410 musket and
revolver ball, buckshot and blank) and Form G-848 in case of other explosives.
This latter form will be required only in those districts which are supplied
with bombs, Very light pistols, etc. The Inspecting Ordnance Officer will call
for samples as he deems necessary and carry out tests. If the Inspecting
Ordnance Officer actually carries out tests the Inspector General of Police
should be informed.
(6) I. A. forms referred to in sub-rules (2) and (3) should be included
in the indent for India Army forms. Districts should keep a dozen copies of
each form in stock.
6-29. Receipts of arms,
etc., from arsenal – (1) The seal and
weight, as shown in the invoice, of all packages received from an arsenal shall
be carefully checked before the package is taken over from the railway or
postal authorities ; if any discrepancy in weight or signs of tampering are
found the package shall be opened in the presence of the Station Master of
Postmaster concerned.
(2) Every package received from an arsenal shall be opened in the
presence of an officer of rank not less than inspector, who shall personally
check the contents and sign the invoice in token of having done so.
(3) Full boxes of ammunition shall not be opened on receipts, if the
weight is correct and the seals intact. If the seal has been damaged in
transit, the pin with which the lid is attached shall be withdrawn and the lid
removed to permit inspector of the inner tin casing; provided the latter is
hermetically sealed, the contents shall be assumed to be correct.
6-30. Return of arms,
etc., to arsenal – (1) Unserviceable tools and components ; empty cartridge
cases ; empty oil drums ands packing cases shall be returned to the arsenal as
convenient, without previous intimation. Defective ammunition and unserviceable
or repairable arms shall not be returned till the authorization of Chief
Ordnance Officer concerned has been obtained on a report in I.A.F.Z.-2098.
(2) In all cases when articles are returned to the arsenal intimation
shall be sent by post in the form of a voucher in I.A.F.Z.-2096 and workshop
sheet I.A.F.O.-1,370 in duplicate.
(3) Arms, ammunition and other ordnance stores returned to the arsenal
shall be sent by passenger train or, if within the authorized weight, by parcel
post registered and insured. All articles shall be carefully packed in strong
boxed the cases in which consignments have been received from the arsenal being
used if possible – and sealed with the official seal of the Superintendent of
Police in at least two places along the join between the top and sides of the
box and two places along the join between the stop and sides and bottom.
Packages sent by post shall further he enclosed in gunny or waxed cloth. A “packing
note” in the form obtainable from the Ordnance Department shall be enclosed
with each package, after being signed by an officer not lower in rank than the
Lines officer, in whose presence the articles have been packed. Consignments by
rail shall be sent under the special railway rules, whereby the guard of the
train, whenever changed, receives a special receipt for each package from his
relief.
(4) The procedure prescribed above shall be followed when arms, ammunition,
etc., are transferred from one district to another, otherwise than in the
direct custody of a police guard.
(5) Every precaution shall be taken to prevent the inclusion of live or
miss-fire rounds with empty cartage cases returned to the arsenal. Should the
arsenal report the inclusion of a live or miss-fire cartridge in a box of empty
cases disciplinary action shall be taken against the officer responsible for
the packing of the box.
6-31. Precaution against the issue of dummy or
blank cartridges with live cartridges –
Every officer, who issues ammunition to armed men or parties proceeding on
duty, and the commander each such party shall exercise special care to prevent
dummy (drill) or blank rounds getting mixed
up with live round, either at the time of issue or return of ammunition,
and to prevent the substitution of rounds of local or other non-Government
manufacture.
6-32. Paper for targets – Paper (blue, black and
brown) for targets is procurable as required on payment from the Titaghur Paper
Mills, Calcutta. Payment shall be met from the contract contingent grant.
6-33. Supply of forms – “1. A.” Forms required for transactions with
the Ordnance Department are obtainable on payment from the allotment under the
minor head printing work done by the Central Government Press for the
Provincial Government of the head “56-Stationery and Printing Reserved” on
Calcutta, through the Inspector General of Police.
6-34. Extent of exemption
from arms licenses – (1) No police officer may keep private arms without
obtaining a proper license from the District Magistrate. (See also rule 14-22).
(2) All gazetted police officers are allowed to keep one service
revolver free of license as a part of their equipment. Officers of the Indian
(Imperial) Police Service may keep, without a license, one revolver or one
pistol in addition to the revolver prescribed as part of their equipment (vide letter No. F-21/L., XVI/25-Police,
dated 15th Jane 1926, from the Officiating Deputy Secretary to the
Government of India, Home Department, to the Chief Secretary to the Government,
Punjab). The revolver issued to upper subordinates are the property of
Government and consequently exempt from license.
(3) Presentation of guns and other arms by the police for good work in criminal
cases will be made only under the orders of the Provincial Government. Such
arms are thus exempted under the Schedule attached to Indian Arms Act – (vide letter No. 474(Home – Genl.), dated
the 28th May, 1921, from Home Secretary to Government, Punjab).
APPENDIX No. 6-10(2)
instructions for cleaning
muskets b.l. .410 before and after firing
Requirements:–
Pullthroughs, .303 arms … 1 per musket
Gauze, wire (4” x 1-1/2”) … 1 per musket
Bottles, oil … 1 per musket
Sticks, cleaning, chamber, .303 arms No.2 … 1 per
6 muskets
Oil lubricating, G.S. gails … 2 per 100 muskets
Flannelette yds … 111/4 per musket
Cleaning Material – The pulthrough which will be kept in the but
trap of the musket is provided with three loops. The first loop (the one
nearest the weight) is for the wire gauze, the second for the flannelette and
the thrid for the purpose of removing the pullthrough should it break or get
jammed in the bore. If a jam occurs the man must not attempt to remove the
obstruction but the musket must be taken to the Armourer.
Flannelette – No other form of material will be used for
cleaning the bore. For cleaning the bore (or for drying it) after firing a
price of flannelette large enough to fit the bore tightly, 4”x4” will be used.
It will be placed in the second loop of the pullthrough and wrapped round the
cord.
For oiling the bore a
slightly smaller piece 3/4of flannelette will be used. If
the piece used is too big, the oil will be scraped off as it enters the bore.
The oil should be well rubbed with the fingers into the flannelette.
Wire Gauze – In pieces 4” x 11/4,
only required after firing buckshot, and when necessary to remove fouling or
rust, after ball firing when not removable with the flannelette then only with
the permission of an officer.
In attaching it to the pullthrough the following method will be
adopted:–
(i) Find the gauze as in diagram so that the longer sides take the
form of an “S”.
(ii) Open the front loop of the pullthrough and put one side of it in
each loop of the “S”.
(iii) Then
coil each half of the gauze tightly round that portion of the cord over which
it is placed until the two rolls, thus formed, meet. The gauze must be
thoroughly oiled before use and care taken to ensure that there are no loose
strands of wire which may scratch the bore, then gauze will fit the bore
tightly and will, if necessary, be packed with a small piece of flannelette, or
other soft material to ensure it is fitting.
The gauze wire
should not be allowed to remain on the pullthrough.
Oil – Service oil is
carried in the oil bottle for which a recess in the butt is provided. No other
form of lubricant is to be allowed to remain in the bore. Paraffin, though an
effective agent in removing rust, will not prevent it.
Stick Cleaning
Chamber – Made of wood about a foot long, at one end & slot is cut, the
other end is cut square to allow a grip to be taken and the stick to be round
by hand. A piece of dry flannelette is placed in the slot and sound round the
stock (to ensure that the stick is covered). The stick is then passed through
the boltway into the chamber and turned round several times. This is the only
effective method of cleaning the chamber.
Cleaning – Before
firing – All traces of oil will be removed from the bore and the action wiped with
an oily rag.
After firing –
(i) Removed the bolt.
(ii) Pour
about 5 to 6 points of boiling water through the bore from breech to muzzle,
using a funnel, point inserted into the chamber.
(iii) Insert the weight of pullthrough through the bolt hole of body then
draw straight through the barrel from breech to muzzle in one continuous
motion. The rifle to be held by the left hand with the of the butt on the
ground, and the barrel in line with the direction of pull to avoid the cord
rubbing the side of the muzzle, otherwise it will cause a groove to be worn
where it rubs against muzzle; this is know as “acord-wear” and affects accuracy
and serviceability.
(iv) To be repeated as in (iii)
until the rag is removed without signs of fouling on it.
(v) Clean the breech
with a stick cleaning chamber.
(vi) Wipe over the face
of bolt, clean gas escapes and bayonet boss.
(vii) If
bayonets have been fixed during firing the bayonet will be carefully wiped
before it is returned to the scabbard. All metal parts to be carefully wiped
over and oiled.
(viii) The barrel to be
pulled through with a piece of oily flannelette.
The bore will be found to require special care during the three days
following firing:-
For buckshot or when necessary to remove bad “leading” or rust-
(i) To be treated with
boiling water as already detailed.
(ii) The
pullthrough to have an oiled gauze wire 4” x 1 ½” attached. Insert weight
through the boltway of body (care being taken to ensure the gauze enters
chamber correctly and does not jam) and draw straight through the barrel from
breech to muzzle.
(iii) Followed by a piece
of dry flannelette and then an oily piece in the usual way.
INSTRUCTIONS FOR
THE CLEANING OF .303 RIFLES
(a) Cleaning Materials – The pullthrough, which will be kept in the
butt trap of the rifle, is provided with three loops. The first loop (the one
nearest the weight) is for the wire gauze, the second for the second for the
flannelette, and the third for the purpose of removing the pullthrough should
it break or get jammed in the bore.
If a jam occurs no attempt should be made to remove the obstruction, but
the rifle should be taken to the armourer.
(i) The
pullthrough will be drawn through the barrel from breech to muzzle in one
continuous motion.
(ii) The
cord must be drawn straight through and not allowed to rub against the muzzle
of the bore, otherwise it will cause a groove to be worn where it rubs this is
known as “cordwear” and affects the accuracy of the rifle.
(b) Flannelette – No other form of material will be used for cleaning
the bore. For cleaning the bore (or for drying if) after firing, a piece of
flannelette large enough to fir the bore tightly, 4 inches by 2 inches, will be
used. It will be placed in the second loop of the pullthrough and wrapped round
the cord.
For oiling the bore a slightly smaller piece of flannelette will be
used. If the piece used is too big, the scraped off as it enters the bore. The
oil should be well rubbed, with the fingers, into the flannelette.
(c) Stick Cleaning Chamber, made of wood about a foot long ; at one end
a slot is cut, the other end is cut square to allow a grip to be taken and the
stick to be turned by hand. A piece of dry flannelette is paced in the slot and
wound round the stick (to ensure that the stick is covered. The stick is then
passed through the boltway into the chamber and turned round several times.
This is the only effective method of cleaning the chamber.
(d) Wire Gauze, in pieces 2 ½
inches by 1 ½ inches, is supplied, but should only be used with the
permission of an officer for the purpose of removing hard fouling or rust.
Daily cleaning – the exterior of
the rifle will be cleaned daily and all particles of dirt or dust removed from
the gas escapes and crevices. The frictional parts will be kept slightly oiled.
The bore will be pulled through with a piece of flannelette until the rag is
clean, and immediately re-oiled.
Cleaning before
firing – All traces of oil will be removed from the bore, and the action wiped
with an oily rag.
The cartridge and chamber will on no account be oiled before firing, nor
will any lubricant be used with a view to facilitate extraction, as such a
procedure is liable to injure the rifle.
Cleaning after
firing –
(i) Remove all fouling and grease from the bore.
(ii) Pour
about 5 or 6 points of boiling water through the bore from breech to muzzle,
using a funnel.
(iii) Thoroughly
dry the bore and proceed to clean the rest of the rifle, thus allowing the bore
to cool.
(iv) The
breech will be cleaned with a stick cleaning chamber.
(v) Special
attention will be paid to the face of the bolt, gas escapes and bayonet boss.
(vi) If
boyonets it is returned to the scabbard.
(vii) All
metal parts will be carefully wiped and oiled, after which the barret will be
pulled through with a piece of oily flannelette. The bore will be found to
require special care during the three days following firing.
(viii) On
active service, where boiling water is not normally available, the wire gauze
will be used.
(ix) Care
must be used to prevent the browning from being rubbed off the rifle, as this
is a great preventive against rust.
Cleaning after
firing blank – After firing blank ammunition, special care should be taken that the
cleaning is through. Although in this case there is no friction between bullet
and bore, and so no internal fouling or “sweating”, there is greater
accumulation of superficial fouling from blank than ball cartridge, because
there is no bullet in blank ammunition to scour the fouling left by the
preceding round. The firing also is in most cases more prolonged, and a greater
interval must usually elapse before the rifle can be thoroughly cleaned. When
blank firing precedes practice with ball, the rifles will be carefully cleaned
before ball practice cmmences.
General Notes on
care of rifle – (a) When the rifle is not in
use, the leaf and slide of the back-sight should be lowered.
(b) The mainspring should
never be allowed to remain compressed except when the rifle is loaded. The
position of the cocking-piece shows whether the mainspring is compressed or
not.
(c) The magazine must not be
removed from the rifle except for cleaning or other special purposes and, to
avoid weakening the spring, cartridges should only be kept in it when
necessary. A failure of the spring to raise the platform can usually be overcome
by tapping the bottom of the magazine smartly with the pelm of the hand. If the
failure recurs, the rifle should be taken to the armourer for examination and
repair.
(d) The bolts of rifles are
not to be exchanged. Each bolt is carefully fitted to its own rifle, so that
the parts which take the shock of the explosion have an even bearing, and the
use of wrong bolt may affect the accuracy of the rifle. The number stamped on
the back of the bolt lever should agree with that stamped on the right front of
the body.
(e) No head constable or
constable is permitted to take to pieces any portion of the action, except as
prescribed for cleaning, nor is he to loosen or tighten any of the screws.
APPENDIX NO. 6-17
(A)
RULES TO BE
OBSERVED FOR THE PROPER CONTROL AND INSPECTION OF MAGAZINE
(1) The magazine shall be at all times kept scrupulously clean.
(2) A brush or broom shall be kept in the magazine for cleaning out the
magazine on each occasion it is opened for the receipt, delivery or inspection
of ammunition.
(3) No lights (other than an electric torch) not smoking shall on any
account be allowed inside or in the immediate vicinity of the magazine.
(4) Oiled cotton rags and waste
and articles liable to spontaneous ignition shall not be taken into the magazine.
(5) Empty boxes shall not be kept
in the magazine, nor any loose packing material.
(6) Boxes of ammunition shall not
be thrown down or dragged along the floor, and shall be stacked in wooden
trestles. Where there are white-ants, the legs of the trestles should rest in
shallow copper, lead or brass bowls containing a little water.
(7) If the magazine has a
lighting-conductor, it shall be tested at least once a year.
(8) The person in charge of the
magazine shall be responsible that the magazine is well and securely locked.
(9) No unauthorized person shall
at any time be admitted into the magazine.
(10) The following shall
be hung up in the magazine:-
(i) A copy of these
rules.
(ii) The statement
required by rule 6-13(4).
(iii) A certificate showing
the last date of testing of the lighting conductor.
(11) The Superintendent
of Police shall make at least one unexpected inspection of the Magazine under
his charge every half year to see that the above rules are being complied with.
APPENDIX NO. 6-17
(B)
Instruction for the examination and test and storage of S. A. ammunition
on charge of police units
1. Small arms ammunition may
be divided into two categories as follows:-
(a) Ammunition in sealed boxes and in open boxes with their lables
intact.
(b) Pouch or loose ammunition which cannot be identified by make and
date.
Category A – (a) Ammunition in this category may be
considered serviceable without test up to five years from date of manufacture
provided that the boxes are intact and have not been subjected to bad storage
conditions. The five year limit may be extended indefinitely provided that the
ammunition has been used for practice and has given satisfactory result within
the last twelve months.
(b) Ammunition over five years
old which has not been used for practice within the last twelve months, or
ammunition on boxes which appear to have been subjected to adverse storage
conditions as indicated by rusty linings, etc, will be examined and subjected
to a firing test.
A sample box from each make and date of manufacture will be opened. The
cartridges will be examined visually for evidence of verdigris around the cap and other signs of deterioration.
Twenty rounds will be fired from each of 2 riles or muskets into a bank of
earth or other safe place to test for miss-fires, hang fires, split cases,
pierced caps, bursts, etc.
(c) If the ammunition looks
good and fires without failure, it is serviceable.
If the ammunition looks good and gives a miss-fire, marked hang fire,
pierced cap, burst case, split extending to within one inch of the case, or a
detached hose disc, a re-test in different weapons will be carried out. If in
the re-test, any of the above defects occur, the ammunition is unserviceable.
If no defects occur at the re-test, the ammunition is serviceable.
If the ammunition looks doubtful, showing slight verdigris only, and if
it passes firing test, it is serviceable. If any defect occurs at the firing
test, it is unserviceable, providing the rifle or musket in known to be above
suspicion.
If the ammunition looks bad showing marked verdigris around the cap, it
is unserviceable.
The examination and test of the sample covers the remaining ammunition
of the same make and date except when there is reason to believe that the box
opened is not representative of the rest. In that case it will be necessary to
examine and test the ammunition from each box.
NOTE 1 – When the number of boxes of one make and date is tert or under,
they may be grouped with adjacent dates of the same make provided that the
group of dates does not exceed 50 boxes and that the dates do not cover a
period of more tan 14 days.
NOTE 2 – The sample will be taken from an opened box if available. If
the result is satisfactory the whole group will be sentenced serviceable. If
the result is not satisfactory the sentence will only cover the actual box from
which the rounds have been taken and a fresh box will be opened and treated as
the sample for the group.
Category B – Loose rounds on
charges, other than those obviously doubtful from handling and carriage in
pouches, will generally be treated as one group. Representative samples will be
examined and 40 fired and the ammunition sentenced as for Category A. If there
is a large number of loose round on charge and some have obviously been
subjected to worse treatment than the others they should be liked into groups
according to “condition,” each group being tested and sentenced separately.
2. The foregoing is intended to apply particularly to M. h. Rifles and
B.L.-476 bore ammunition.
3. Special instructions for examination of B. L. –410”, -303” and –455”
revolver ammunition.
(a) The instructions in paragraph I apply also to the above mentioned
ammunition with the following exceptions.
The casualties that may occur are miss-fires, hang fires, pierced caps,
blow backs, burst cases or split cases.
A blow-back is an escape of gas between the cap and the wall of the cap
chamber, if serious, it will be indicated by an escape of gas from the gas
escape hole on the left of the barrel body at the moment of firing. The base of
the cartridge case will be badly blackened by this casualty.
A burst case is a fracture either at the base or within 1 ½ inches of
the base of the cartridge case. Fractures further forward on the case body are
known as splits and if only occasional may be ignored. Bursts are to be
regarded as serious casualties.
4. When in doubt as to sentence, the matter should be referred to the
Chief Ordnance Officer at the nearest arsenal who will arrange for such tests
as may be necessary and advise accordingly, or in case of further doubt, refer
to the inspector of Ammunition, Kirkee.
5. Storage – Boxes containing
S. A. A. should be kept raised a few inches from the floor by supporting the
bottom layer on battens or other suitable supports ; they should also be kept a
few inches clear of the wall.
The store room should be kept clean and dry, ventilation receiving due
attention.
Tin plate linings should not ordinarily be opened until the ammunitions
is required for use or test.
FORM No. 4-31
Police Department ____________District
Arms distribution Register,
Part-I
The following shall be entered in
this register, separate pages being allotted to each:---
(1)
Rifles, M.L.E, (2) Bolts, (3)
Bavonets patt. .07 or .03, (4) Scabbards Bayonets patt. .07 or .03, (5)
pullthroughs, (6) oil bottles, (7) Rifles .2 inch, (8) muskets, .476 and .410
(9) Bayonets pat. .87, (10) Bayonet Scabbards patt. .03 or .87 (11) Jags, (12)
Protectors foresight, (13) Slings.
Name of article __________________ Sanctioned No._____
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1
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2
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3
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4
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5
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Date of
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Nature of receipt of
Expenditure
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ALLOCATION
(To be
sub-divided according to the number of police station guards, etc. (including
the lines) where arms are held.)
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Total in district
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Remarks
(Including explanation of
any variation from sanctioned number).
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Receipt
Equipment
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1
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2
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3
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4
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5
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6
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7
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8
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9
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10
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11
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12
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13
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14
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15
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16
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17
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18
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19
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20
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Note – In column 3
the allocation of each description of article in lines and in each standing
guard, Police Station and Post shall be shown separately in a sub-column.
Arms Distribution Register Part
ii
REGISTER SHOWING
THE DISTRIBUTION OF GOVERNMENT REVOLVERS IN THE POSSESSION OF THE POLICE IN THE
_______________ DISTRICT.
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1
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2
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3
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4
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5
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6
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7
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Serial
No.
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Number make and
description of revolver
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Whence received
and date.
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Name No, and rank
of the officer to whom it is issued
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Authority and
date of issue
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Date on which the
revolver is returned to the armoury and reference to the serial No, of the
entry regarding its re-issue.
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Remarks.
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FORM No. 6.8 (3)
District__________ Serial
No.______
Weapon History Sheet
Class of the weapon _________
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Mark
of weapon
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Factory No.
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Date
of receipt
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Inspection by
C.C.M.A.
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Date
of condemnation
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Date of exchange i.e., of
receipt of new weapon (see note below).
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Arsenal Repair
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Local Repair
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Remarks
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Body
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Bolt
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Date
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Remarks
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Item
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Date
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Item
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Date
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Note – All particulars of old weapon to be cacelled
and a line drawn beneath. Particulars of weapon to be entered below.
FORM No. 6.9 (1)
Police
Department District__________
nominal roll of men mobilized at the headquarters of the above district
to whom M.L.E. rifles are issued
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1
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2
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3
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4
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5
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6
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7
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8
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9
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10
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Serial
No.
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Constabulary
No.
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Name
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Rank
and Grade
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The
Arsenal and the District Serial No. of the rifle
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Arsenal
Number of the rifle bolt
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Bandolier
is issued
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Signature
or thumb impression of the man to whom issued
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Signature
of kot head constable on return
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Remarks
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To be hand drawn
FORM No. 6.14 (4)
Expense stock ammunition register
account of *___________ ammunition and empty cases
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1
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2
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3
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4
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5
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6
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Date
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Detail
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*Ammunition
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Empty cases
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Signature
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Remarks
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A.
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B.
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C.
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A.
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B.
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C.
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*To be hand drawn
Note I – A – Receipts; B – Issues; C – Balance
Note II – An Urdu register of 100 pages, divided into separate parts for
(1) Ball, (2) Buck-shot, (3) Blank
*Enter here Ball, Buckshot or
Blank.
FORM No. 6.18 (4)
Magazine ammunition register
account of ___________ ammunition
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1
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2
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3
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4
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5
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6
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7
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Date
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Detail
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A.
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B.
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C.
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Signature
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Remarks
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*To be hand drawn
Note I – A – Receipts; B – Issues; C – Balance
Note II – An Urdu register of 100 pages, divided into separate parts for
Ball, Buck-shot and Blank Ammunition.
FORM No. 6.20 (2)
stock book of component parts
(to be divided into separate parts corresponding to
tables 7, 8, 9 and 11 of equipment tables.)
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1
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2
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3
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4
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5
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6
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Item Number
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Description of
part
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Authorized Stock
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Number issued to
armourer
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Date of issue
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Reference to Loss
Statement or authority on which issue was made.
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*To be hand drawn
Note I – Columns 1–3
will correspond with Equipment Table.
Note II – Sufficient space should be left between each
item in columns 1–3 to permit of several
entries being made in columns 4 – 6.
CHAPTER–vII Mounted Police.
7-1. Composition of mounted police – Mounted
police consist of such number of sub-inspectors, head constables and constables
as may be sanctioned from time to time.
In
addition to their pay they receive horse or camel allowances at rates given in
rule 10-75.
7-2. Mounted officers – All gazetted and upper
subordinate police officers, except assistant sub-inspectors, are mounted
officers, except assistant sub-inspectors, are mounted officers, and are
required to maintain a standard of efficiency in horsemanship which enables
them to perform journeys on horseback and other duties with the mounted police.
The Inspector-General may lower this standard or grant complete exemption from
it by general or special order in the case of officers appointed solely and
permanently for duties which do not involve mounted duty.
All
mounted officers are required to maintain saddlery, as prescribed in Chapter V,
and a suitable horse, in accordance with the standards laid down in
Inspector-General may exempt any officer from keeping a horse for so long as he
is employed in a post which does not involve mounted duty and that upper
subordinates employed in posts for which no horse allowance is authorized (vide rule 10-74) shall be similarly
exempted while so employed. Examination may also be granted by the
Inspector-General at his discretion to upper subordinates while employed in a
Central Intelligence Agency, cantonment, city or large civil station, provided
that motor cycle, in lieu of a horse, is kept.
7-3. Qualifications – Recruits for the mounted
police shall be obtained either by direct enlistment of men likely to make good
horse or camel sowars or by the voluntary transfer of suitable men from the
foot police. Ordinarily only such men shall be taken into the mounted police as
have already some knowledge of an aptitude for the management of horses or
camels. If such men are not already trained foot Policemen, they shall be
required to undergo the same course as is laid down for recruits to the foot
police as well as receiving the training laid down in rule 7-5 below.
7-4. Utilization of mounted police – (1) The
chief uses of mounted police are (a)
organized operations against mobile gangs of criminals, (b) patrolling for the prevention of dacoities, highway robbery and
the like, (c) the control of crowds
and dispersal of disorderly mobs, (d)
assistant to the foot police in traffic control, (e) process serving, message carring and escort duty, where
conditions are suitable.
(2)
Horse police shall ordinarily be employed only on duties coming under classes (a) to (d) above and, for their better training in these duties, are
organized in troops. Camel police are unsuitable for duties coming under
classes (c) and (d) above, but can often be used to advantage on duties coming under
class (e).
(3) Mounted police may be temporarily transferred anywhere in the
province by order of the Inspector-General, and from one district to another in
the same range by order of the Deputy Inspector-General, if the conditions of
crime of public order warrant it, or for annual training if proper facilities
do not exist in the district to which they are permanently posted. Mounted
police shall not be employed on orderly duty but, when not required for
training or for duties of the nature specified in sub-rule (1), a mounted
constable may be used for the conveyance of urgent message on particular
occasions. Constables mounted on horses shall, however, under no circumstances,
be required to carry heavy post or parcels.
(4) Subject to the condition laid down in the preceding sub-rules
Superintendent are empowered to employ e mounted police in their district at
their discretion.
7-5. Training of mounted
police – (1) Mounted police shall be
especially taught –
(i) to ride and handle
their horses in a horse manlike manner;
(ii) the use of the
mounted police baton;
(iii) mounted squad
drill;
(iv) to saddle and
unsaddle and to groom a horse thoroughly;
(v) stable
management, i.e., to keep their
horses healthy and in good condition and
the stable clean ad sanitary;
(vi) to lay out their
stable gear properly for inspection;
(2) For the instruction of mounted police the principles and general
system contained in “Cavalry Training 1924” shall be followed, especially the
following chapters:---
Chapter II - Section 34 to and -
formations and drill.
Chapter III – Horse mastership, stale management, saddlery and minot
ailments,
Chapter IV – Equitation.
Chapter VII – Rifles and revolver drill.
Chapter IX – Sections 147 to 164 – Mounted troop drill.
Chapter XIV - Sections 237, 238 and 244 –Marching and march discipline,
Chapter XV – Sections 256-8 and 263 – Field Trainin.
NOTE
A copy of this Manual shall be supplied to Superintendents of districts
in which Mounted Police are attached.
They shall also receive special instruction in the efficient performance
of the duties specified in rule 7-4 and shall ordinarily be removed from the
mounted police if they fail in two consecutive years to reach the standard of
first class shots.
(3) Arrangements shall be made when possible for sub-inspectors and head
constables of mounted (horse) police to be attached to cavalry regiments for
training as troop and section leaders to the extent covered by rule (2) above.
7-6. Arms – Mounted police shall be armed with mounted
police batons and rifles M.L.E. 303 and bayonets.
7-7. Animals in
possession o mounted police – Horses or where ordered by the Inspector General,
camels, which are up to the standards laid down in rule 7-17(3), shall be
maintained at the rate of one for each sub-inspector, head constable and
mounted constable of the sanctioned mounted police establishment.
7-8. Mounted police
reserve – The reserve for the mounted police is embodied in the general reserve
of head constables and constables and constables sanctioned for fixed duties.
Horse ad camel allowances will be drawn only for the sanctioned effective
establishment, exclusive of any reserve, and subject to there being no
vacancies in the corresponding establishment of horses or camels. Recruits for
the mounted police will be borne on the dismounted reserve until they are
absorbed in vacancies in the mounted establishment. Such vacancies hall be
filled immediately on their occurrence by transfer from among trained men of
the foot police, so that the corresponding horse or camel allowance may be
drawn. Men sick or on leave will continue to draw their horse or camel
allowances.
7-9. The Chanda Fund –
One General Provincial Chanda Fund shall be maintained under the regulations
hereinafter contained.
7-10. Membership of Chanda
Fund – (1) The members of the mounted police shall subscribed to the chanda
fund. Upper subordinates of the foot police, who are required to be mounted on
horses and who draw horse allowance accordingly, may become subscribers either
on permanent to upper subordinate rank or at any time subsequently, but shall
not thereafter cease to be subscribers so long as they continue to draw horse
allowance.
(2) No subscription should be recovered during the period that a member
of the mounted police is without a remount and draws no conveyance
allowance.
(3) Rate of monthly subscription will be published, from time to time,
in the Police Gazette.
7-11. Chanda Deposit – (1)
When a vacancy occurs in the mounted police the man posted to file it shall pay
into the chanda fund Rs.300 or Rs.250 according as he is joining as a horse a
camel-sowar. In the case of a man joining as a camel-sowar, the Superintendent
may at his discretion allow him to produce his own came provided (a) that there is a vacancy in the
establishment of camels, (b) that the
camel produced is up to the standard laid down in rule 7-17(3).
(2) Such new member of the fund shall, on payment in full of his
deposit, or on the acceptance of the camel produced by him, becomes entitled,
subject to his continued payment of his monthly subscription, to be provided
with a horse or camel, according to the amount of his deposit, throughout the
period of his membership of the fund.
7-12. Refund of chanda
deposit. – When a mounted police officer ceases to be a subscriber to the fund
he shall receive back from the fund the amount which he deposited on joining it
; provided that,---
(a) The
horse or camel allotted to him at the rime of this ceasing to be a member of
the fund shall be examined by a chanda committee (vide rule 7-16 (1). If such
committee is of opinion that such committee is of opinion that such horse or
camel has been rendered permanently unfit for police service, or is at the time
of examination unfit for service from injury or illness caused in either case
by the misconduct or neglect of the subscriber, it may record a finding that
the subscriber should forfeit either the whole or part of his deposit. Such
finding shall submitted to the Deputy Inspector General, whose order in
confirmation or modification thereof shall be final.
(b) If,
in the course of his service as a subscriber to the fund, a chanda committee
shall record a finding that he has been responsible through misconduct or
neglect for the death of thje any horse or camel allotted to him, or for the injury or illness of each
animal necessitating its being cast an unfit for police service, he shall, at
the time of his ceasing to be a subscriber, forfeit the sholw or a part of his
deposit according to the final award of the Deputy Inspector General recorded on
such finding.
(c) A
subscriber who, on joining the fund, has been permitted to bring his own camel
in lieu of paying in a deposit shall, if he is still in possession of the same
camel or of another came, produced by himself, have the option, when ceasing to
be a member of the fund, of either taking away his camel or offering it to the
fund. In the latter case the camel shall be examined by a chanda committee and
shall be accepted and taken over by the fund, provided it is found to be, in
consideration of its age and length of service, in good condition and to show
no signs of neglect or ill-treatment. If the camel is accepted by the fund, the
subscriber shall be paid the amount equivalent to the deposit which he would
have been required to make, under the rule in force at the time when he joined
the fund, had he not brought his own camel.
(d) The
refund of chanda deposit, to which a mounted policeman dying while a member of
the fund would be entitled, shall be credited to his estate in the police
deposit fund.
NOTE
A subscriber shall, on ceasing to be a member, receive no more than the
following sum, being the value of the animal which he originally brought to the
fund under the rules previously in force :-
Joined prior to 1st July 1905 … … … … Rs.
180 for a horse.
Rs. 180 for a camel.
Joined between1st July 1905 and 30th September
1910 … … Rs. 200 for a
horse.
Rs. 120 for a camel.
Joined between1st October 1910 and 31st October
1913 … … Rs. 200 for a
horse.
Rs. 150 for a camel.
Joined between1st November 1913 and 1st May 1922 … … Rs. 230 for a horse.
Rs. 170 for a camel.
After 2nd May 19322 … … … … Rs.
300 for a horse.
Rs. 250 for a camel.
7-13. Status of optional subscribers – (1) Provided
that, on first joining the fund, e horse of an optional subscriber is passed by
a chanda committee, after such committee has obtained the necessary veterinary
opinion, as up to the standards required, such subscriber shall become entitled
to the benefits of the fund in respect of remounting and veterinary treatment,
subject to the condition stated in sub-rule (2) below.
(2) (a) The chanda fund shall be under no obligation to take over the
horse of an optional subscriber on his death or ceasing to be a subscriber, but
may do so, if there is a vacancy and if the horse offered by the subscriber or
his heirs is suitable. In the latter case the amount payable by the fund as
refund to the value of the horse shall be governed by he foot-note to rule 7-12
(b) Optional subscriber
shall not be entitled to have their horses fed under the system prescribed in
rule 7-24 but the Superintendent may allow any such subscriber to participate
in such system, if he is permanently posted in the lines o other place where
such feeding arrangements are in force.
(c) The horses of
optional subscribers will remain with them when on leave, or transfer
(d) An optional subscriber requiring a remount may purchase one
privately or through a purchasing officer (rule 7-17 (2)). In the former case
the horse shall be produced before a chanda committee for acceptance. He shall
not be required to take over a horse already borne on the chanda, unless he
wishes to do so and the Superintendent agrees to such transaction.
(e) The provisions of rules 7-22, 7-30 and 7-31 regarding docking
tails, disposal of foals and cast animals and penalty for neglect in care and
feeding shall be binding on optional subscribers.
7-14.
Allotment of horses and camels
– All allotments and re-allotments of horses and camels, other than temporary
allotment, shall be entered in the order book.
7-14-A. Compensation for loss of animals – (1) Compensation is allowed
to the chanda fund for the loss of a horse or camel borne on the strength of
the chanda provided the loss occurred when the animal was present for duty, and
was not preventable by those in charge of the animal.
The loss or total disablement must further have resulted form risk of an
exceptional nature such as might be incurred during the pursuit of raiders or
long journeys on escort duty.
This rule is inapplicable to loss or disablement caused by accident
incurred in the course of ordinary training of duty. The journey must have been
carried out under the orders of the Superintendent of Police or other superior
authority. Compensation is also admissible when death or destruction is the
result of inoculation or other prophylactic treatment carried out by a properly
qualified person.
The fact shall be testified to by the Superintendent of Police and, if
possible, by a veterinary officer. Compensation will be awarded on the order of
the Inspector – General of Police. Compensation will be awarded on the order of
the Inspector – General of Police. Compensation will be credited to the chanda
fund from funds at the disposal of the Inspector – General of Police.
Compensation is not admissible when death is the result of discase.
(2) The maximum compensation
admissible is as follows:---
(a) For horses–
Under 10 years of age or 6
years service, the original price.
Under 11 years of age or 7
years service, less 5 per cent.
Under 12 years of age or 8
years service, less 13 per cent.
Under 13 years of age or 9
years service, less 23 per cent.
Under 14 years of age or 10
years service, less 35 per cent.
Under 15 years of age or 11
years service, less 50 per cent.
Under 16 years of age or 12
years service, less 70 per cent.
NOTE
If a horse is brought on the strength before four years old,
compensation is calculated by length of service if over four years by the age
limit.
(b) For
camels. –
Under 9 years of
age or 3 years service, the original price.
Under 10 years of
age or 4 years service, less 5 per cent.
Under 11 years of
age or 5 years service, less 25 per cent.
Under 12 years of
age or 6 years service, less 50 per cent.
Under 13 years of
age or 7 years service, less 70 per cent.
(3) The scale of compensation is applicable to owners or camels when the
animals are affected with surrah and
are destroyed by the order of the Superintendent of Police on the written
opinion of a veterinary officer that the disease constitutes a public danger.
7-15. Transfer of
subscribers – On the transfer of a subscriber, other than an upper subordinate,
to another district he shall surrender the horse or camel allotted to him in
the district which he is leaving, and shall be allotted another one in his new
district; provided that the provisions of rule 7-12(b) shall apply, if the
animal which he surrenders is unserviceable through his misconduct or neglect.
A statement showing the amount, if any, of the subscriber’s deposit which has
been declared forfeit under the rule referred to above, and of any arrears of
chanda subscription due from him shall accompany him on transfer. Upper
subordinates who are subscribers to the Chanda Fund shall ordinarily be
permitted to take their horses with them at Government expense on transfer to
another district.
7-16. Chanda committee –
(1) A chanda committee shall be constituted a occasion demands ; it shall
consist of the Superintendent himself, or, in his unavoidable absence, another
gazetted officer specially designated by him, an Inspector or sub-inspector,
and a mounted police officer who shall if possible be of or above the rank of
head constable. If the Superintendent does not himself preside, decisions and
findings of the committee shall require his countersignature.
(2) Proceedings of the chanda committee shall be recorded in Form
7-16(2). Proceedings under rule 7-12(a) and (b) shall be conducted in the
presence of the subscriber concerned; a summary of the evidence and of the
explanation of the subscriber shall be recorded, and a considered finding shall
be prepared and signed by all the members of the committee.
7-17. Remounts – (1)
Horses or camels borne on the Chanda Funds and considered by a Chanda Committee
after reference to a Veterinary Officer to be unfit for service due to old age,
accident or where the Veterinary Officer considers immediate destruction
necessary, destruction should be carried out at once without awaiting the
Assembly of a Committee and the orders of the Inspector – General of Police.
The Committee shall, with the approval of the Inspector – General of Police, be
cast. In cases of accident where the Veterinary Officer considers immediate
destruction necessary, destruction should be carried out at once without
awaiting the Assembly of a Committee and the orders of the Inspector – General
of Police. The Committee shall in such cases report all the circumstances
subsequently.
(2) Remounts shall be purchased in such a manner and by such officers as
the Inspector – General may from time to time direct. Superintendents requiring
remounts to replace horses or camels which have died or been cast shall notify
their requirements to one of the officers so designated.
(3) Horses selected as remounts shall be between four and six years of
age, not less than 14 hands 1 inch in height, capable of carrying 13 stone, and
suitable for police work. No purchase shall be concluded until the horse has
been certified as sound and of the prescribed age by a qualified veterinary
officer. Camels shall be between six and seven years of age and shall be
carefully tested as to their trotting powers and passed sound and of correct
age by a qualified veterinary officer before being purchased or accepted on the
establishment.
(4) European inspectors as sergeants and upper subordinates employed on
duties which do not ordinarily necessitate their riding long distances may be
permitted on their Superintendents to mount themselves on suitable horses about
to be cast from mounted units of the regular army, but officers so mounted
shall bot be eligible to join the chanda fund.
7-18. Purchase of remounts
– (1) Purchasing officers are authorized to pay Rs.300 for horses and Rs.250
for camels as an average price for all purchases made during any one year.
Subject to the required veterinary certificate in each case and to their
satisfying themselves that the animals purchased are in every way suitable for
police work, they may pay any price provided this average for the year is to
exceed. To enable them to make prompt payments, purchasing officers may be
granted advances from the chanda fund by the Inspector-General, which they will
recoup by bills in form 10-59.
(2) Superintendents on whose behalf remounts are purchased are not
authorized to reject the, but, if they have reason to consider any remount
seriously below the required standard, they may report the case to the Deputy
Inspector-General. Superintendents should give notice to purchasing officers as
long in advance as possible of their intention to cast any animal borne on the
fund, so that suitable arrangements for it replacement may be made. When notice
cannot be given in anticipation of the vacancy, purchasing officers shall
endeavour to supply a remount within one month.
7-19. Assistance to be
rendered by Veterinary Department – Superintendents of the Civil Veterinary
Department have been directed to afford assistance o police officers free of
charge when purchasing remounts at fairs.
Veterinary officers of the Army Remounts Department have also been
instructed to render professional assistance free of charge to police officers
when purchasing remounts at those fairs which are held in the horse-breeding
circles under the control of the Army Remount Department.
7-20. Purchase of branded
mares, etc. – Police officers are forbidden to purchase, as remounts for the
police or for themselves, any mare or filly branded (E.I.), (G.I.), (G.I/V.),
(G.I/P.), (G.I/A), (G.I/C), (stable number over (J.C.) or stable number over
(L.B.)), unless the owner or possessor of such animal produces a certificate from
a competent authority authorizing the sale of such animal on the ground that
the is barren. Purchasing officers and Superintendents shall be responsible
that this order is strictly obeyed. Every facility shall be given to the owners
of remounts purchased to compete in classes at shows, and for inspection by
officials of the show and of the Civil Veterinary Department and Army Remount
Department.
7-21. Purchases for
individual officers – Gazetted officers to whom government grants for the
purchase of chargers have been made, and other gazetted officer and upper
subordinates wishing to purchase chargers may avail themselves of the
assistance of purchasing officers in selecting suitable horses. In such cases
all arrangements shall be made personally between the purchasing officer and
the officer desiring his assistance, and the former shall be under no
obligation to act, unless he receives in advance funds to cover the purchase.
7-22. Disposal of foals
and cast animals – (1) Cast horses and camels shall be sold, provided that any
animal, which by reason of permanent injury cannot be worked without cruelty,
shall be destroyed. Foals of horses and camels borne on the chanda are the
property of the fund and shall be sold as soon as they have reached a suitable age.
Expenses incurred in their keep up to the time of sale shall be borne by the
fund. Proceeds of sales under this rule shall be credited to the fund.
(2) the use for breading of mares borne on the chanda and of all mares
entered in the register maintained under the rule 7-32(1) is prohibited;
provided that this rule may be relaxed on the authority of the Deputy
Inspector-General of the range on the recommendation of a veterinary officer or
for other special reasons.
7-23. Veterinary treatment
– (1) All charges for medical treatment of horses and camels when such is not
rendered necessary by ill-treatment or carelessness on the part of a
subscriber, and for the castration of horses and camels when such operations
are specially ordered by the Superintendent, shall be borne by the fund.
Veterinary Surgeons and Assistants, however, whether in the Government service
or employees of local bodies, have been directed to afford medical and surgical
assistance gratis to al police horses brought to them.
(2) As soon as a remount is accepted for the Chanda Fund, the
Superintendent of Police, or the purchasing officer, shall have a veterinary
sheet prepared for each horse or camel in I.A.F,V.-1752. This sheet will always
accompany the animal, and each time the animal is sent to the veterinary
officer, the history sheet shall be sent with it for that officer to enter his
remarks therein. In no circumstances shall these history sheets be destroyed,
duplicates issued or any alterations made in the original description of the
animal, without the authority of the Superintendent of Police. Duplicate sheets
will be marked as such. This endorsement and any alteration in the description
on a sheet, whether original or duplicate, will be signed and dated by the
Superintendent of police. Copies of the form referred to above are obtainable
from the Central Police Office.
7-24. Feeding and up-keep
of horses and camels – (1) The cost of feeding and, in the case of horses,
shoeing, ad the cost of such articles of stable gear as are not provided under
rule 4-27(2) from the equipment
fund shall be paid by the recipients of horse or camel allowances.
(2) Scales of feeding shall be laid down and arrangements for the
purchase or grain and fodder, as directed in rule 7-25, shall be made in each
district in which mounted police are posted. The sub-inspector or head
constable in charge of the mounted police shall be personally responsible for
the feeding of horses and camels according to the prescribed scale, under the
direct supervision of the Superintendent himself, or of a gazetted officer
specially designated by him for the purpose.
(3) Accounts shall be kept by the officer in charge of the mounted
police in a register in Form 7-24(3) showing the detail of supplies issued and
debitable monthly to the horse or camel allowance of each individual mounted
policeman. These accounts shall be made up to the twentieth of each month and a
statement of the deductions to be made, as shown in column 7 of the register,
shall be forwarded on the twenty first to the accountant for incorporation in,
and attachment to, the acquittance rolls.
(4) At the time of disbursal of pay the details of each man’s account of
deductions as shown in the register shall be explained to him by the Lines
Officer in the presence of the officer in charge of the mounted police, and any
contested item, which cannot be settled on the spot, shall be referred to the
Superintendent for orders, disbursement being made meanwhile in accordance with
the acquittance roll.
(5) Negligence, inefficiency or dishonesty on the part of a
sub-inspector or head constable of mounted police in the exercise of the
responsibility laid upon him by this rule shall, in the absence of mitigating
circumstances, entail a punishment not less severe then that of reduction.
7-25. Purchase and retail
of grain and fodder – Fodder and grain for the mounted police shall be
purchased in bulk according to requirements and to conditions as to storage
room and availability of supplies Advances for the purchase will be made from
the Remount Fund which will be recouped as recoveries are made from the mounted
police to whom fodder and grain are issued. All supplies so purchased shall be
examined by a chanda committee as to weight and quality ad such committee shall
fix the rates at which such supplies shall be retailed to mounted policemen.
Rates shall be fixed monthly in advance to cover the average purchase price of
supplies issuable during the ensuing month, carriage and any other incidental
charges, together with a surcharge of one anna in the rupee to protect the fund
against losses in bulk occurring in he ordinary course of storing and handling.
Payment for purchases shall not be made until supported by the report of the
chanda committee in form 7-16(2). Retail rates fixed by the chanda committee
shall be entered in the order bok, copies of the order being made over to the
officer in charge of the mounted police and hung up in the mounted police
barrack for the information of the men.
7-26. Feeding of camels –
In districts where the mounted police mounted on camels, the Deputy
Inspector-General shall decide, in consultation with the Superintendent of
Police, whether to allow each subscriber to the fund to feed the camel
belonging or allotted to him by direct purchase of grain and fodder paid for
from his allowance, or to introduce the system prescribed for troops mounted on
horses. In the former case the accounts ordered in rule 7-24(3) need not be
kept.
7-27. Horses and camels of
men sick, on leave and under suspension – (1) The horses and camels of mounted
policemen sick or on leave shall be made over to the Line Officer or officer in
charge of the mounted police, who shall be responsible for the feeding and
keeping of such animals. No conveyances allowance shall be drawn for the
absentee except to meet expenditure actually incurred on the feeding shoeing ad
maintenance of the animal ad the Chanda subscription for the period of man’s
absence. The Chanda subscription shall be credited to the Police Remount Fund.
Such horses and camels shall be looked after and may be used for instruction or
duty be recruit or other men of the mounted police, as ordered by the gazetted
officer in supervisory charge. In such cases responsibility under Rule 7-12(b) for loss or injury by misconduct or
neglect shall rest with the man so ordered to look after and use the animal,
provided that no policeman shall be so held responsible for more than once
animal at a time.
NOTE
The Superintendent of Police concerned should attached to the
establishment bill in which conveyance allowance is drawn a certificate in the
following form :-
Certified that the amount drawn on account of conveyance allowance of
mounted policemen sick or on leave doses not exceed the actual expenses
incurred by the __________Line officer _____ on the feeding, showing and
other
Officer in charge of the mounted police maintenance charges of the animal and
the chanda subscriptions for the period of the man’s absence and that the
amount has been paid to the __________Line Officer _______ and not to
the absence .
Officer in charge of the mounted police.
(2) Mounted police officers placed under suspension, or who
temporarily cease to be members o the chnada fund owing to their transfer to
post where they are not required to maintain a charger and their substitutes in
the post from which they are transferred are not members of the fund, will
cease to drawn horse, pony or camel allowance, as the case may be, and hand
over their mounts to the Lines Officer or the officer in charge of the mounted
police, who shall be responsible for the feeding and keeping of such animals
under the supervision of a gazetted officer. The actual expenditure incurred on
this account shall be debited to contingencies under the head “Feeding and keeping
of animals of mounted police officers under suspension or otherwise temporarily
ceasing to be members of the chanda fund.” Where there is a system of feeding
animals by the purchase of supplies in bulk, the accounts shall the be kept as
for other animals in a register in form 7-24 (3) by the officer in charge of
the mounted police who shall communicate the amount of expenditure so incurred
to the accountant who shall draw it on a contingent bill form and pay it to the
officer in charge of the mounted police. Elsewhere the accounts shall be kept
by the Lines Officer who shall incure expenditure from the permanent advance
recouping it in the manner detailed above. A suspended mounted police officer
on reinstatement – even if such officer is found not guilty of charges
preferred against him will not be given conveyance allowance for the period of
suspension. A mounted police officer temporarily ceasing to be a member of the
chanda fund will not be given the conveyance allowance admissible when a mount is
maintained but may draw any other coneyance allowance to which he may otherwise
be entitled under any rules for the time being in force as a non-mounted police
officer.
NOTE
The term mounted
police officers includes members of the mounted police as well as upper
subordinates who keep months.
(3) Mounted Police Officers proceeding on leave on average pay
not exceeding four months or earned leave not exceeding 90 days under sections
II and III of Chapter VIII of Civil Service Rules, Volume I, Part I, as the
case may be or undergoing promotion courses at the Police Training School,
Phillaur, or on deputation to the Recruits Training Centres or on deputation to
the Police Training School, Phillaur, and Sub-Inspectors when posted to the
mobile patrols, who are in possession of horses or camels shall hand over their
months to the Lines Officer or the officer incharge of the Mounted Police who
shall be responsible for the feeding and keeping of such animals under the
supervision of a gazetted officer. No conveyance allowance shall be drawn for
them except to meet expenditure actually incurred on the feeding, shoeing and
maintenance of animals for the period of their absence on leave or training at
the Police Training School, Phillaur, or on deputation to the Recruits Training
Centres or on deputation to the Police Training School, Phillaur, or in the
case of Sub-Inspectors when posted to the Mobile Patrol. The accounts shall be
kept in form 7-24 (3), Such horses and camels shall be looked after and may be
used for instruction or duty by Mounted Upper Subordinate under orders of the
gazetted officer in supervisory charge. In such cases responsibility under rule
7-12 (b) for loss or injury by misconduct or neglect shall rest with the
officer so ordered to look after or use the animal, provided that no policeman
shall be held responsible for more than one animal at a time. Where, however,
adequate accommodation for horese and syces is not available in the Police
Lines, the Superintendent of Police may authorise such officers to make their
own arrangements for the care and maintenance of animals and draw the
prescribed conveyance allowance admissible to each of them. Assistant
Sub-Inspectors are not mounted Police Officers, - vide Police Rule 7-2, they
get a pony allowance if actually maintaining a mount and are exempted from the
operation of this rule.
7-28. Account of purchase and retail of fodder, etc. – (1) An account
shall be kept by the officer incharge of the mounted police in form 10-50 (b)
of all receipts and expenditure in connection with the feeding of horses or
camels, and other operations provided for in rule 7-22 (1). The cash balance of
the account shall be kept in the police cash chjest tump sum additions and
withdrawals being shown in the case chest account (rule 10-12) with a cross
reference with the account maintained under this rule.
(2) A copy of this account shall be made monthly in English by
the gazetted officer in charge of the mounted police immediately after the
recept of deductions at the time of disbursement of pay to the mounted police.
Such gazetted officer shall personally sign the acquittance roll in
acknowledgement of receipt of th total sum recovered by such deductions and
shall deposit that sum in the cash chest. He shall then present the English
account to the Superintendent, who will, after checking the balance shown with
the actual balance in the cash chest, file the English account in a yearly
file.
7-29. Control by Deputy Inspector – General. – Deputy Inspectors –
General at their annual inspections of districts in which mounted police are
posted shall examine in detail the working of the feeding arrangement and the
accounts connected therewith, and shall report especially on the balance in the
cash chest on account of purchase of supplies.
7-30. Penalty for neglect in
care and feeding. - (1) When, as a
result of enquiry either by a gazetted officer alone or of a chanda committee,
it is held to the neglect or misconduct of any mounted police officer, the allowance
of such officer shall be forfeited to Government ; provided that only such
portion of such allowance shall be refunded to the treasury as may be left over
after meeting the feeding and other charges debatable thereto and such
additional expenses on drugs, medical appliances and veterinary charges as the
circumstances may have necessitated.
(2) Orders under sub-rule (1) above shall be subject to
confirmation by the Superintendent, but shall not be appealable.
(3) The penalty authorized in sub-rule (1) above may be additional
to any disciplinary punishment ordered in connection with the neglect or
misconduct involving the incapacity of the horse or camel, and to any order
under rule 7-12 (b).
7-31. Docking of tails of horse. – The tails of police horses shall not
be docked. If stallions are purchased they shall be castrated.
7-32. Register of horses and camels. - (1) In districts where there are
mounted police or optional subscribers to the chanda fund, a register shall be
maintained in Form 7-32 (1) of all horses and camels borne on the chanda.
(2) A separater in the same form shall be maintained for all
enrolled police officers who, though not members of the chanda fund, are
required to maintain horses. Entries shall be made on horses, including
remounts in replacement of cast horses, being passed under rule 7-33 below.
7-33. Rules regarding horses of police officers who are not subscribers
to the chanda fund. – (1) All horses purchased by police officers as chargers,
either with funds advanced to them by Government or in order to qualify for a
conveyance allowance (vide rule 10-75), shall be produced before a chanda
committee constituted in accordance with rule 7-16(1) and no horse shall be
accepted as qualifying the officer producing it for the grant of conveyance allowance,
unless it has been passed by such committee; proved that:---
a). In the case of horses purchased by
Assistant Superintendents and Deputy Superintendent s of Police, the
Superintendent shall himself preside over the committee.
b). A horse purchased by Superintendent
shall be produced before the Deputy Inspector – General instead of a chanda
committee.
c). A horse purchased by a purchasing
officer (rule 7-18) shall be accepted without further examination.
2). If, in the opinion of the
Superintendent, a hose not borne on the chanda, for which conveyance allowance
is drawn, is unfit for the duty it a required to perform, it shall be produced
before a chanda committee. If such committee reports the horse to be
permanently unfit for the duty required of it, the owner shall be required to
dispose of it and produce a suitable horse for examination within one month;
provided that this period may be extended by one month by order of the Deputy
Inspector – General for adequate reasons. Alternatively to reporting a horse
totally unfit, a chanda committee may in such cases make such recommendation as
it thinks fit, to provide for the removal of temporary unfitness and as to
responsibility for such unfitness. The Superintendent shall deal with such
recommendation at his discretion, subject to the proviso that officers, who are
not subscribers to the chanda fund, are not entitled to free veterinary
services or any assistance from the fund or from Government in their horses.
7-34. Branding of horses
and camels. – Horses and camels brought on to the chanda shall be branded in
the right ear by the method in use for cattle-branding. Each animal will be
branded with the district cypher letters and a district serial under. When an
animal is cast from the chanda, it shall be branded in the left ear with the
letter “C” and the last two figures of the year in which the casting took
place, e.g., “C.28” Ink and branding implements may be obtained on application
to the Deputy Inspector – General, Criminal. Investigation Department, and paid
for from the equipment fund.
Form No. 7-16 (2)
Proceedings of a Chanda Committee assembled at ___________________
________________________________ on ______________________ by order of
________________________________________________________ for the purpose of
_______________________________________________________
________________________________________________________________
NOTE
The signature of each officer composing the committee should be attached
at the end of the proceedings.
President:
Members:
The committee having assembled pursuant to order proceed to –
(Standard Form)
FORM No.7-24(3)
POLICE DEPARTMENT. ___________DISTRICT.
DETAIL OF GRAIN AND FODDER SUPPLIED BETWEEN _____________________ AND
______________________ TO MOUNTED POLICEMEN FOR FEEDING HORSES/CAMELS, BORNE ON
THE CHANDA FUND AND OTHER MISCLLANEOUS CHAGES TO BE DEDUCTED IN ACQUITTANCE
ROLL. (RATE FOR GRANIN / FODDER WITH REFERENCETO ORDER BOOK
__________________________)
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QUANTITY
SUPPLIED DURING THE MONTH
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of Miscellaneous charges
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(Standard Form)
FORM No, 7-32(1)
POLICE DEPARTMENT . ______________DISTRICT.
REGISTER OF HORES
AND CAMELS BORNE ON THE CHANDA FUND OF THE ABOVE DISTRICT.
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number of officers to whom the horse or camel is allotted with dates of
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Signature
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Age oil enrol-ment
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breed, giving name of sire
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Particular mark.
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(Standard Form)
CHAPTER–vII Mounted Police.
7-1. Composition of mounted
police – Mounted police consist of such number of sub-inspectors, head
constables and constables as may be sanctioned from time to time.
In
addition to their pay they receive horse or camel allowances at rates given in
rule 10-75.
7-2. Mounted officers – All
gazetted and upper subordinate police officers, except assistant
sub-inspectors, are mounted officers, except assistant sub-inspectors, are
mounted officers, and are required to maintain a standard of efficiency in
horsemanship which enables them to perform journeys on horseback and other
duties with the mounted police. The Inspector-General may lower this standard
or grant complete exemption from it by general or special order in the case of
officers appointed solely and permanently for duties which do not involve
mounted duty.
All
mounted officers are required to maintain saddlery, as prescribed in Chapter V,
and a suitable horse, in accordance with the standards laid down in Inspector-General
may exempt any officer from keeping a horse for so long as he is employed in a
post which does not involve mounted duty and that upper subordinates employed
in posts for which no horse allowance is authorized (vide rule 10-74) shall be similarly exempted while so employed.
Examination may also be granted by the Inspector-General at his discretion to
upper subordinates while employed in a Central Intelligence Agency, cantonment,
city or large civil station, provided that motor cycle, in lieu of a horse, is
kept.
7-3. Qualifications – Recruits
for the mounted police shall be obtained either by direct enlistment of men
likely to make good horse or camel sowars or by the voluntary transfer of
suitable men from the foot police. Ordinarily only such men shall be taken into
the mounted police as have already some knowledge of an aptitude for the
management of horses or camels. If such men are not already trained foot
Policemen, they shall be required to undergo the same course as is laid down
for recruits to the foot police as well as receiving the training laid down in
rule 7-5 below.
7-4. Utilization of mounted
police – (1) The chief uses of mounted police are (a) organized operations against mobile gangs of criminals, (b) patrolling for the prevention of dacoities,
highway robbery and the like, (c) the
control of crowds and dispersal of disorderly mobs, (d) assistant to the foot police in traffic control, (e) process serving, message carring and
escort duty, where conditions are suitable.
(2)
Horse police shall ordinarily be employed only on duties coming under classes (a) to (d) above and, for their better training in these duties, are
organized in troops. Camel police are unsuitable for duties coming under
classes (c) and (d) above, but can often be used to advantage on duties coming under
class (e).
(3) Mounted police may be temporarily transferred anywhere in the
province by order of the Inspector-General, and from one district to another in
the same range by order of the Deputy Inspector-General, if the conditions of
crime of public order warrant it, or for annual training if proper facilities
do not exist in the district to which they are permanently posted. Mounted
police shall not be employed on orderly duty but, when not required for
training or for duties of the nature specified in sub-rule (1), a mounted
constable may be used for the conveyance of urgent message on particular
occasions. Constables mounted on horses shall, however, under no circumstances,
be required to carry heavy post or parcels.
(4) Subject to the condition laid down in the preceding sub-rules
Superintendent are empowered to employ e mounted police in their district at
their discretion.
7-5. Training of mounted police – (1) Mounted police shall be
especially taught –
(i) to ride and handle
their horses in a horse manlike manner;
(ii) the use of the
mounted police baton;
(iii) mounted squad
drill;
(iv) to saddle and
unsaddle and to groom a horse thoroughly;
(v) stable
management, i.e., to keep their
horses healthy and in good condition and
the stable clean ad sanitary;
(vi) to lay out their
stable gear properly for inspection;
(2) For the instruction of mounted police the principles and general
system contained in “Cavalry Training 1924” shall be followed, especially the
following chapters:---
Chapter II - Section 34 to and -
formations and drill.
Chapter III – Horse mastership, stale management, saddlery and minot
ailments,
Chapter IV – Equitation.
Chapter VII – Rifles and revolver drill.
Chapter IX – Sections 147 to 164 – Mounted troop drill.
Chapter XIV - Sections 237, 238 and 244 –Marching and march discipline,
Chapter XV – Sections 256-8 and 263 – Field Trainin.
NOTE
A copy of this Manual shall be supplied to Superintendents of districts
in which Mounted Police are attached.
They shall also receive special instruction in the efficient performance
of the duties specified in rule 7-4 and shall ordinarily be removed from the
mounted police if they fail in two consecutive years to reach the standard of
first class shots.
(3) Arrangements shall be made when possible for sub-inspectors and head
constables of mounted (horse) police to be attached to cavalry regiments for
training as troop and section leaders to the extent covered by rule (2) above.
7-6. Arms
– Mounted police shall be armed with mounted police batons and rifles
M.L.E. 303 and bayonets.
7-7. Animals in possession o mounted
police – Horses or where ordered by the Inspector General, camels, which are up
to the standards laid down in rule 7-17(3), shall be maintained at the rate of
one for each sub-inspector, head constable and mounted constable of the
sanctioned mounted police establishment.
7-8. Mounted police reserve – The reserve for the
mounted police is embodied in the general reserve of head constables and
constables and constables sanctioned for fixed duties. Horse ad camel
allowances will be drawn only for the sanctioned effective establishment,
exclusive of any reserve, and subject to there being no vacancies in the
corresponding establishment of horses or camels. Recruits for the mounted
police will be borne on the dismounted reserve until they are absorbed in
vacancies in the mounted establishment. Such vacancies hall be filled
immediately on their occurrence by transfer from among trained men of the foot
police, so that the corresponding horse or camel allowance may be drawn. Men
sick or on leave will continue to draw their horse or camel allowances.
7-9. The Chanda Fund – One General
Provincial Chanda Fund shall be maintained under the regulations hereinafter contained.
7-10. Membership of Chanda Fund – (1) The members of
the mounted police shall subscribed to the chanda fund. Upper subordinates of
the foot police, who are required to be mounted on horses and who draw horse
allowance accordingly, may become subscribers either on permanent to upper
subordinate rank or at any time subsequently, but shall not thereafter cease to
be subscribers so long as they continue to draw horse allowance.
(2) No subscription should be recovered during the period that a member
of the mounted police is without a remount and draws no conveyance
allowance.
(3) Rate of monthly subscription will be published, from time to time,
in the Police Gazette.
7-11. Chanda Deposit – (1) When a vacancy
occurs in the mounted police the man posted to file it shall pay into the
chanda fund Rs.300 or Rs.250 according as he is joining as a horse a
camel-sowar. In the case of a man joining as a camel-sowar, the Superintendent
may at his discretion allow him to produce his own came provided (a) that there is a vacancy in the
establishment of camels, (b) that the
camel produced is up to the standard laid down in rule 7-17(3).
(2) Such new member of the fund shall, on payment in full of his
deposit, or on the acceptance of the camel produced by him, becomes entitled,
subject to his continued payment of his monthly subscription, to be provided
with a horse or camel, according to the amount of his deposit, throughout the
period of his membership of the fund.
7-12. Refund of chanda deposit. – When a mounted
police officer ceases to be a subscriber to the fund he shall receive back from
the fund the amount which he deposited on joining it ; provided that. -
(a) The
horse or camel allotted to him at the rime of this ceasing to be a member of
the fund shall be examined by a chanda committee (vide rule 7-16 (1). If such
committee is of opinion that such committee is of opinion that such horse or
camel has been rendered permanently unfit for police service, or is at the time
of examination unfit for service from injury or illness caused in either case
by the misconduct or neglect of the subscriber, it may record a finding that
the subscriber should forfeit either the whole or part of his deposit. Such
finding shall submitted to the Deputy Inspector General, whose order in
confirmation or modification thereof shall be final.
(b) If,
in the course of his service as a subscriber to the fund, a chanda committee
shall record a finding that he has been responsible through misconduct or
neglect for the death of thje any horse or camel allotted to him, or for the injury or illness of each
animal necessitating its being cast an unfit for police service, he shall, at
the time of his ceasing to be a subscriber, forfeit the sholw or a part of his
deposit according to the final award of the Deputy Inspector General recorded
on such finding.
(c) A
subscriber who, on joining the fund, has been permitted to bring his own camel
in lieu of paying in a deposit shall, if he is still in possession of the same
camel or of another came, produced by himself, have the option, when ceasing to
be a member of the fund, of either taking away his camel or offering it to the
fund. In the latter case the camel shall be examined by a chanda committee and
shall be accepted and taken over by the fund, provided it is found to be, in
consideration of its age and length of service, in good condition and to show
no signs of neglect or ill-treatment. If the camel is accepted by the fund, the
subscriber shall be paid the amount equivalent to the deposit which he would
have been required to make, under the rule in force at the time when he joined
the fund, had he not brought his own camel.
(d) The
refund of chanda deposit, to which a mounted policeman dying while a member of
the fund would be entitled, shall be credited to his estate in the police
deposit fund.
NOTE
A subscriber shall, on ceasing to be a member, receive no more than the
following sum, being the value of the animal which he originally brought to the
fund under the rules previously in force :-
Joined prior to 1st July 1905 … … … … Rs.
180 for a horse.
Rs. 180 for a camel.
Joined between1st July 1905 and 30th September
1910 … … Rs. 200 for a
horse.
Rs. 120 for a camel.
Joined between1st October 1910 and 31st October
1913 … … Rs. 200 for a horse.
Rs. 150 for a camel.
Joined between1st November 1913 and 1st May 1922 … … Rs. 230 for a horse.
Rs. 170 for a camel.
After 2nd May 19322 … … … … Rs.
300 for a horse.
Rs. 250 for a camel.
7-13.
Status of optional subscribers – (1) Provided that, on first
joining the fund, e horse of an optional subscriber is passed by a chanda
committee, after such committee has obtained the necessary veterinary opinion,
as up to the standards required, such subscriber shall become entitled to the
benefits of the fund in respect of remounting and veterinary treatment, subject
to the condition stated in sub-rule (2) below.
(2) (a) The chanda fund shall be under no obligation to take over the
horse of an optional subscriber on his death or ceasing to be a subscriber, but
may do so, if there is a vacancy and if the horse offered by the subscriber or
his heirs is suitable. In the latter case the amount payable by the fund as
refund to the value of the horse shall be governed by he foot-note to rule 7-12
(b) Optional subscriber
shall not be entitled to have their horses fed under the system prescribed in
rule 7-24 but the Superintendent may allow any such subscriber to participate
in such system, if he is permanently posted in the lines o other place where such
feeding arrangements are in force.
(c) The horses of
optional subscribers will remain with them when on leave, or transfer
(d) An optional subscriber requiring a remount may purchase one
privately or through a purchasing officer (rule 7-17 (2)). In the former case
the horse shall be produced before a chanda committee for acceptance. He shall
not be required to take over a horse already borne on the chanda, unless he
wishes to do so and the Superintendent agrees to such transaction.
(e) The provisions of rules 7-22, 7-30 and 7-31 regarding docking
tails, disposal of foals and cast animals and penalty for neglect in care and
feeding shall be binding on optional subscribers.
7-15.
Allotment
of horses and camels – All allotments and re-allotments of horses and
camels, other than temporary allotment, shall be entered in the order book.
7-14-A.
Compensation for loss of animals – (1) Compensation is allowed to
the chanda fund for the loss of a horse or camel borne on the strength of the
chanda provided the loss occurred when the animal was present for duty, and was
not preventable by those in charge of the animal.
The loss or total disablement must further have resulted form risk of an
exceptional nature such as might be incurred during the pursuit of raiders or
long journeys on escort duty.
This rule is inapplicable to loss or disablement caused by accident
incurred in the course of ordinary training of duty. The journey must have been
carried out under the orders of the Superintendent of Police or other superior
authority. Compensation is also admissible when death or destruction is the
result of inoculation or other prophylactic treatment carried out by a properly
qualified person.
The fact shall be testified to by the Superintendent of Police and, if
possible, by a veterinary officer. Compensation will be awarded on the order of
the Inspector – General of Police. Compensation will be awarded on the order of
the Inspector – General of Police. Compensation will be credited to the chanda
fund from funds at the disposal of the Inspector – General of Police.
Compensation is not admissible when death is the result of discase.
(2) The maximum compensation
admissible is as follows:---
(a) For horses–
Under 10 years of age or 6
years service, the original price.
Under 11 years of age or 7
years service, less 5 per cent.
Under 12 years of age or 8
years service, less 13 per cent.
Under 13 years of age or 9
years service, less 23 per cent.
Under 14 years of age or 10
years service, less 35 per cent.
Under 15 years of age or 11
years service, less 50 per cent.
Under 16 years of age or 12
years service, less 70 per cent.
NOTE
If a horse is brought on the strength before four years old,
compensation is calculated by length of service if over four years by the age
limit.
(b) For
camels. –
Under 9 years of
age or 3 years service, the original price.
Under 10 years of
age or 4 years service, less 5 per cent.
Under 11 years of
age or 5 years service, less 25 per cent.
Under 12 years of
age or 6 years service, less 50 per cent.
Under 13 years of
age or 7 years service, less 70 per cent.
(3) The scale of compensation is applicable to owners or camels when the
animals are affected with surrah and
are destroyed by the order of the Superintendent of Police on the written
opinion of a veterinary officer that the disease constitutes a public danger.
7-15. Transfer of subscribers – On the transfer of
a subscriber, other than an upper subordinate, to another district he shall
surrender the horse or camel allotted to him in the district which he is leaving,
and shall be allotted another one in his new district; provided that the
provisions of rule 7-12(b) shall apply, if the animal which he surrenders is
unserviceable through his misconduct or neglect. A statement showing the
amount, if any, of the subscriber’s deposit which has been declared forfeit
under the rule referred to above, and of any arrears of chanda subscription due
from him shall accompany him on transfer. Upper subordinates who are
subscribers to the Chanda Fund shall ordinarily be permitted to take their
horses with them at Government expense on transfer to another district.
7-16. Chanda committee – (1) A chanda
committee shall be constituted a occasion demands ; it shall consist of the
Superintendent himself, or, in his unavoidable absence, another gazetted
officer specially designated by him, an Inspector or sub-inspector, and a
mounted police officer who shall if possible be of or above the rank of head
constable. If the Superintendent does not himself preside, decisions and
findings of the committee shall require his countersignature.
(2) Proceedings of the chanda committee shall be recorded in Form
7-16(2). Proceedings under rule 7-12(a) and (b) shall be conducted in the
presence of the subscriber concerned; a summary of the evidence and of the
explanation of the subscriber shall be recorded, and a considered finding shall
be prepared and signed by all the members of the committee.
7-17. Remounts – (1) Horses or
camels borne on the Chanda Funds and considered by a Chanda Committee after reference
to a Veterinary Officer to be unfit for service due to old age, accident or
where the Veterinary Officer considers immediate destruction necessary,
destruction should be carried out at once without awaiting the Assembly of a
Committee and the orders of the Inspector – General of Police. The Committee
shall, with the approval of the Inspector – General of Police, be cast. In
cases of accident where the Veterinary Officer considers immediate destruction
necessary, destruction should be carried out at once without awaiting the
Assembly of a Committee and the orders of the Inspector – General of Police.
The Committee shall in such cases report all the circumstances subsequently.
(2) Remounts shall be purchased in such a manner and by such officers as
the Inspector – General may from time to time direct. Superintendents requiring
remounts to replace horses or camels which have died or been cast shall notify
their requirements to one of the officers so designated.
(3) Horses selected as remounts shall be between four and six years of
age, not less than 14 hands 1 inch in height, capable of carrying 13 stone, and
suitable for police work. No purchase shall be concluded until the horse has
been certified as sound and of the prescribed age by a qualified veterinary
officer. Camels shall be between six and seven years of age and shall be
carefully tested as to their trotting powers and passed sound and of correct
age by a qualified veterinary officer before being purchased or accepted on the
establishment.
(4) European inspectors as sergeants and upper subordinates employed on
duties which do not ordinarily necessitate their riding long distances may be
permitted on their Superintendents to mount themselves on suitable horses about
to be cast from mounted units of the regular army, but officers so mounted
shall bot be eligible to join the chanda fund.
7-18. Purchase of remounts – (1) Purchasing
officers are authorized to pay Rs.300 for horses and Rs.250 for camels as an
average price for all purchases made during any one year. Subject to the
required veterinary certificate in each case and to their satisfying themselves
that the animals purchased are in every way suitable for police work, they may
pay any price provided this average for the year is to exceed. To enable them
to make prompt payments, purchasing officers may be granted advances from the
chanda fund by the Inspector-General, which they will recoup by bills in form
10-59.
(2) Superintendents on whose behalf remounts are purchased are not
authorized to reject the, but, if they have reason to consider any remount
seriously below the required standard, they may report the case to the Deputy
Inspector-General. Superintendents should give notice to purchasing officers as
long in advance as possible of their intention to cast any animal borne on the
fund, so that suitable arrangements for it replacement may be made. When notice
cannot be given in anticipation of the vacancy, purchasing officers shall
endeavour to supply a remount within one month.
7-19. Assistance to be rendered by
Veterinary Department – Superintendents of the Civil Veterinary Department
have been directed to afford assistance o police officers free of charge when
purchasing remounts at fairs.
Veterinary officers of the Army Remounts Department have also been
instructed to render professional assistance free of charge to police officers
when purchasing remounts at those fairs which are held in the horse-breeding
circles under the control of he Army Remount Department.
7-20. Purchase of branded mares, etc. – Police officers are
forbidden to purchase, as remounts for the police or for themselves, any mare
or filly branded (E.I.), (G.I.), (G.I/V.), (G.I/P.), (G.I/A), (G.I/C), (stable
number over (J.C.) or stable number over (L.B.)), unless the owner or possessor
of such animal produces a certificate from a competent authority authorizing
the sale of such animal on the ground that the is barren. Purchasing officers
and Superintendents shall be responsible that this order is strictly obeyed.
Every facility shall be given to the owners of remounts purchased to compete in
classes at shows, and for inspection by officials of the show and of the Civil
Veterinary Department and Army Remount Department.
7-21. Purchases for individual officers – Gazetted officers
to whom government grants for the purchase of chargers have been made, and
other gazetted officer and upper subordinates wishing to purchase chargers may
avail themselves of the assistance of purchasing officers in selecting suitable
horses. In such cases all arrangements shall be made personally between the
purchasing officer and the officer desiring his assistance, and the former
shall be under no obligation to act, unless he receives in advance funds to
cover the purchase.
7-22. Disposal of foals and cast animals – (1) Cast horses and
camels shall be sold, provided that any animal, which by reason of permanent
injury cannot be worked without cruelty, shall be destroyed. Foals of horses
and camels borne on the chanda are the property of the fund and shall be sold
as soon as they have reached a suitable age. Expenses incurred in their keep up
to the time of sale shall be borne by the fund. Proceeds of sales under this
rule shall be credited to the fund.
(2) the use for breading of mares borne on the chanda and of all mares
entered in the register maintained under the rule 7-32(1) is prohibited;
provided that this rule may be relaxed on the authority of the Deputy
Inspector-General of the range on the recommendation of a veterinary officer or
for other special reasons.
7-23. Veterinary treatment – (1) All charges for
medical treatment of horses and camels when such is not rendered necessary by
ill-treatment or carelessness on the part of a subscriber, and for the
castration of horses and camels when such operations are specially ordered by
the Superintendent, shall be borne by the fund. Veterinary Surgeons and
Assistants, however, whether in the Government service or employees of local
bodies, have been directed to afford medical and surgical assistance gratis to
al police horses brought to them.
(2) As soon as a remount is accepted for the Chanda Fund, the
Superintendent of Police, or the purchasing officer, shall have a veterinary
sheet prepared for each horse or camel in I.A.F,V.-1752. This sheet will always
accompany the animal, and each time the animal is sent to the veterinary
officer, the history sheet shall be sent with it for that officer to enter his
remarks therein. In no circumstances shall these history sheets be destroyed,
duplicates issued or any alterations made in the original description of the
animal, without the authority of the Superintendent of Police. Duplicate sheets
will be marked as such. This endorsement and any alteration in the description
on a sheet, whether original or duplicate, will be signed and dated by the
Superintendent of police. Copies of the form referred to above are obtainable
from the Central Police Office.
7-24. Feeding and up-keep of horses and
camels – (1) The cost of feeding and, in the case of horses, shoeing, ad the
cost of such articles of stable gear as are not provided under rule 4-27(2) from the equipment fund shall be
paid by the recipients of horse or camel allowances.
(2) Scales of feeding shall be laid down and arrangements for the
purchase or grain and fodder, as directed in rule 7-25, shall be made in each
district in which mounted police are posted. The sub-inspector or head
constable in charge of the mounted police shall be personally responsible for
the feeding of horses and camels according to the prescribed scale, under the
direct supervision of the Superintendent himself, or of a gazetted officer
specially designated by him for the purpose.
(3) Accounts shall be kept by the officer in charge of the mounted
police in a register in Form 7-24(3) showing the detail of supplies issued and
debitable monthly to the horse or camel allowance of each individual mounted
policeman. These accounts shall be made up to the twentieth of each month and a
statement of the deductions to be made, as shown in column 7 of the register,
shall be forwarded on the twenty first to the accountant for incorporation in,
and attachment to, the acquittance rolls.
(4) At the time of disbursal of pay the details of each man’s account of
deductions as shown in the register shall be explained to him by the Lines
Officer in the presence of the officer in charge of the mounted police, and any
contested item, which cannot be settled on the spot, shall be referred to the
Superintendent for orders, disbursement being made meanwhile in accordance with
the acquittance roll.
(5) Negligence, inefficiency or dishonesty on the part of a
sub-inspector or head constable of mounted police in the exercise of the
responsibility laid upon him by this rule shall, in the absence of mitigating
circumstances, entail a punishment not less severe then that of reduction.
7-25. Purchase and retail of grain and
fodder – Fodder and grain for the mounted police shall be purchased in bulk
according to requirements and to conditions as to storage room and availability
of supplies Advances for the purchase will be made from the Remount Fund which
will be recouped as recoveries are made from the mounted police to whom fodder
and grain are issued. All supplies so purchased shall be examined by a chanda
committee as to weight and quality ad such committee shall fix the rates at
which such supplies shall be retailed to mounted policemen. Rates shall be
fixed monthly in advance to cover the average purchase price of supplies
issuable during the ensuing month, carriage and any other incidental charges,
together with a surcharge of one anna in the rupee to protect the fund against
losses in bulk occurring in he ordinary course of storing and handling. Payment
for purchases shall not be made until supported by the report of the chanda
committee in form 7-16(2). Retail rates fixed by the chanda committee shall be
entered in the order bok, copies of the order being made over to the officer in
charge of the mounted police and hung up in the mounted police barrack for the
information of the men.
7-26. Feeding of camels – In districts where
the mounted police mounted on camels, the Deputy Inspector-General shall
decide, in consultation with the Superintendent of Police, whether to allow
each subscriber to the fund to feed the camel belonging or allotted to him by
direct purchase of grain and fodder paid for from his allowance, or to
introduce the system prescribed for troops mounted on horses. In the former
case the accounts ordered in rule 7-24(3) need not be kept.
7-27. Horses and camels of men sick, on
leave and under suspension – (1) The horses and camels of mounted policemen sick or
on leave shall be made over to the Line Officer or officer in charge of the
mounted police, who shall be responsible for the feeding and keeping of such
animals. No conveyances allowance shall be drawn for the absentee except to
meet expenditure actually incurred on the feeding shoeing ad maintenance of the
animal ad the Chanda subscription for the period of man’s absence. The Chanda
subscription shall be credited to the Police Remount Fund. Such horses and
camels shall be looked after and may be used for instruction or duty be recruit
or other men of the mounted police, as ordered by the gazetted officer in
supervisory charge. In such cases responsibility under Rule 7-12(b) for loss or injury by misconduct or
neglect shall rest with the man so ordered to look after and use the animal,
provided that no policeman shall be so held responsible for more than once
animal at a time.
NOTE
The Superintendent of Police concerned should attached to the
establishment bill in which conveyance allowance is drawn a certificate in the
following form:---
Certified that the amount drawn on account of conveyance allowance of
mounted policemen sick or on leave doses not exceed the actual expenses
incurred by the __________Line officer _____ on the feeding, showing and
other Officer in charge of the mounted police maintenance charges of the animal
and the chanda subscriptions for the period of the man’s absence and that the
amount has been paid to the __________Line Officer _______ and not to
the absence .
Officer in charge of the mounted police.
(2) Mounted police officers placed under suspension, or who
temporarily cease to be members o the chnada fund owing to their transfer to
post where they are not required to maintain a charger and their substitutes in
the post from which they are transferred are not members of the fund, will
cease to drawn horse, pony or camel allowance, as the case may be, and hand
over their mounts to the Lines Officer or the officer in charge of the mounted
police, who shall be responsible for the feeding and keeping of such animals
under the supervision of a gazetted officer. The actual expenditure incurred on
this account shall be debited to contingencies under the head “Feeding and
keeping of animals of mounted police officers under suspension or otherwise
temporarily ceasing to be members of the chanda fund.” Where there is a system
of feeding animals by the purchase of supplies in bulk, the accounts shall the
be kept as for other animals in a register in form 7-24 (3) by the officer in
charge of the mounted police who shall communicate the amount of expenditure so
incurred to the accountant who shall draw it on a contingent bill form and pay
it to the officer in charge of the mounted police. Elsewhere the accounts shall
be kept by the Lines Officer who shall incure expenditure from the permanent
advance recouping it in the manner detailed above. A suspended mounted police
officer on reinstatement – even if such officer is found not guilty of charges
preferred against him will not be given conveyance allowance for the period of
suspension. A mounted police officer temporarily ceasing to be a member of the
chanda fund will not be given the conveyance allowance admissible when a mount
is maintained but may draw any other coneyance allowance to which he may
otherwise be entitled under any rules for the time being in force as a
non-mounted police officer.
NOTE
The term mounted
police officers includes members of the mounted police as well as upper
subordinates who keep months.
(3) Mounted Police Officers proceeding on leave on average pay
not exceeding four months or earned leave not exceeding 90 days under sections
II and III of Chapter VIII of Civil Service Rules, Volume I, Part I, as the
case may be or undergoing promotion courses at the Police Training School,
Phillaur, or on deputation to the Recruits Training Centres or on deputation to
the Police Training School, Phillaur, and Sub-Inspectors when posted to the
mobile patrols, who are in possession of horses or camels shall hand over their
months to the Lines Officer or the officer incharge of the Mounted Police who
shall be responsible for the feeding and keeping of such animals under the
supervision of a gazetted officer. No conveyance allowance shall be drawn for
them except to meet expenditure actually incurred on the feeding, shoeing and
maintenance of animals for the period of their absence on leave or training at
the Police Training School, Phillaur, or on deputation to the Recruits Training
Centres or on deputation to the Police Training School, Phillaur, or in the
case of Sub-Inspectors when posted to the Mobile Patrol. The accounts shall be
kept in form 7-24 (3), Such horses and camels shall be looked after and may be
used for instruction or duty by Mounted Upper Subordinate under orders of the
gazetted officer in supervisory charge. In such cases responsibility under rule
7-12 (b) for loss or injury by misconduct or neglect shall rest with the
officer so ordered to look after or use the animal, provided that no policeman
shall be held responsible for more than one animal at a time. Where, however,
adequate accommodation for horese and syces is not available in the Police
Lines, the Superintendent of Police may authorise such officers to make their
own arrangements for the care and maintenance of animals and draw the
prescribed conveyance allowance admissible to each of them. Assistant
Sub-Inspectors are not mounted Police Officers, - vide Police Rule 7-2, they
get a pony allowance if actually maintaining a mount and are exempted from the
operation of this rule.
7-28. Account of purchase and
retail of fodder, etc. – (1) An account shall be kept by the officer
incharge of the mounted police in form 10-50 (b) of all receipts and
expenditure in connection with the feeding of horses or camels, and other
operations provided for in rule 7-22 (1). The cash balance of the account shall
be kept in the police cash chjest tump sum additions and withdrawals being
shown in the case chest account (rule 10-12) with a cross reference with the
account maintained under this rule.
(2) A copy of this account shall be made monthly in English by
the gazetted officer in charge of the mounted police immediately after the
recept of deductions at the time of disbursement of pay to the mounted police.
Such gazetted officer shall personally sign the acquittance roll in
acknowledgement of receipt of th total sum recovered by such deductions and
shall deposit that sum in the cash chest. He shall then present the English
account to the Superintendent, who will, after checking the balance shown with
the actual balance in the cash chest, file the English account in a yearly
file.
7-29. Control by Deputy
Inspector – General. – Deputy Inspectors – General at their annual
inspections of districts in which mounted police are posted shall examine in
detail the working of the feeding arrangement and the accounts connected
therewith, and shall report especially on the balance in the cash chest on
account of purchase of supplies.
7-30. Penalty for neglect in care and feeding. - (1) When, as a result of enquiry either by a
gazetted officer alone or of a chanda committee, it is held to the neglect or
misconduct of any mounted police officer, the allowance of such officer shall
be forfeited to Government ; provided that only such portion of such allowance
shall be refunded to the treasury as may be left over after meeting the feeding
and other charges debatable thereto and such additional expenses on drugs,
medical appliances and veterinary charges as the circumstances may have
necessitated.
(2) Orders under sub-rule (1) above shall be subject to
confirmation by the Superintendent, but shall not be appealable.
(3) The penalty authorized in sub-rule (1) above may be
additional to any disciplinary punishment ordered in connection with the
neglect or misconduct involving the incapacity of the horse or camel, and to
any order under rule 7-12 (b).
7-31. Docking of tails of
horse. – The tails of police horses shall not be docked. If stallions are
purchased they shall be castrated.
7-32. Register of horses and
camels. - (1) In districts where there are mounted police or optional
subscribers to the chanda fund, a register shall be maintained in Form 7-32 (1)
of all horses and camels borne on the chanda.
(2) A separater in the same form shall be maintained for all
enrolled police officers who, though not members of the chanda fund, are
required to maintain horses. Entries shall be made on horses, including
remounts in replacement of cast horses, being passed under rule 7-33 below.
7-33. Rules regarding horses of
police officers who are not subscribers to the chanda fund. – (1) All
horses purchased by police officers as chargers, either with funds advanced to
them by Government or in order to qualify for a conveyance allowance (vide rule
10-75), shall be produced before a chanda committee constituted in accordance
with rule 7-16(1) and no horse shall be accepted as qualifying the officer
producing it for the grant of conveyance allowance, unless it has been passed
by such committee; proved that:---
a). In the case of horses purchased by
Assistant Superintendents and Deputy Superintendent s of Police, the
Superintendent shall himself preside over the committee.
b). A horse purchased by Superintendent
shall be produced before the Deputy Inspector – General instead of a chanda
committee.
c). A horse purchased by a purchasing
officer (rule 7-18) shall be accepted without further examination.
2). If, in the opinion of the
Superintendent, a hose not borne on the chanda, for which conveyance allowance
is drawn, is unfit for the duty it a required to perform, it shall be produced
before a chanda committee. If such committee reports the horse to be permanently
unfit for the duty required of it, the owner shall be required to dispose of it
and produce a suitable horse for examination within one month; provided that
this period may be extended by one month by order of the Deputy Inspector –
General for adequate reasons. Alternatively to reporting a horse totally unfit,
a chanda committee may in such cases make such recommendation as it thinks fit,
to provide for the removal of temporary unfitness and as to responsibility for
such unfitness. The Superintendent shall deal with such recommendation at his
discretion, subject to the proviso that officers, who are not subscribers to
the chanda fund, are not entitled to free veterinary services or any assistance
from the fund or from Government in their horses.
7-34. Branding of horses and camels. – Horses and camels
brought on to the chanda shall be branded in the right ear by the method in use
for cattle-branding. Each animal will be branded with the district cypher
letters and a district serial under. When an animal is cast from the chanda, it
shall be branded in the left ear with the letter “C” and the last two figures
of the year in which the casting took place, e.g., “C.28” Ink and branding
implements may be obtained on application to the Deputy Inspector – General,
Criminal. Investigation Department, and paid for from the equipment fund.
Form No. 7-16 (2)
Proceedings of a Chanda Committee assembled at ___________________
________________________________ on ______________________ by order of
________________________________________________________ for the purpose of
_______________________________________________________
________________________________________________________________
NOTE
The signature of each officer composing the committee should be attached
at the end of the proceedings.
President:
Members:
The committee having assembled pursuant to order proceed to –
(Standard Form)
FORM No.7-24(3)
POLICE DEPARTMENT. ___________DISTRICT.
DETAIL OF GRAIN AND FODDER
SUPPLIED BETWEEN _____________________ AND ______________________ TO MOUNTED
POLICEMEN FOR FEEDING HORSES/CAMELS, BORNE ON THE CHANDA FUND AND OTHER
MISCLLANEOUS CHAGES TO BE DEDUCTED IN ACQUITTANCE ROLL. (RATE FOR GRANIN /
FODDER WITH REFERENCETO ORDER BOOK __________________________)
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Serial No.
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Name, grade and
No. of Mounted Policemen
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DATE
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Fodder
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Initial of
sub-inspector and date at foot of each daily column.
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8
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Serial
No.
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Name, grade and
No, of Mounted Policemen.
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DATE –concld
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QUANTITY
SUPPLIED DURING THE MONTH
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Value
of grain and fooder supplied
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Cost
of Miscellaneous charges
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Total
deduction to be made in acquittance roll
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REMARKS.
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Grand
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Fooder
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Fooder
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Grand
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Fooder
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Grand
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Fooder
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Grand
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Fooder
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Grand
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Fooder
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Grand
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Fooder
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Grand
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Fooder
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Grand
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Fooder
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Grain
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Fodder
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Initial of
sub-inspectors and date at foot of each daily column.
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Seers
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Mds. Srs.
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Mds. Srs.
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Rs. a.
p.
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Rs. a.
p.
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Rs. a.
p.
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(Standard Form)
FORM No, 7-32(1)
POLICE DEPARTMENT . ______________DISTRICT.
REGISTER OF HORES
AND CAMELS BORNE ON THE CHANDA FUND OF THE ABOVE DISTRICT.
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Horse
or camel
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Description
of Horse or Camel
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Name
of committee who passed animal or names of purchasing officer.
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Rank name and
number of officers to whom the horse or camel is allotted with dates of
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Superintendent’s
Signature
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Remarks
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Age oil enrol-ment
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Height
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Colour
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Particulars of
breed, giving name of sire
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Particular mark.
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Date
of enrolment
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Price
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Date
andr cause of becoming non effective
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Years
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Months
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Hands
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Inches
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(Standard Form)
CHAPTER
VIII – Leave
8-1 General – (1) The rules relating to leave of all Government servants who are
under the administrative control of the Punjab Government are contained in Part
IV of the Fundamental Rules, and in Chapter 6, 9, 10, 11, 16, 16, 18 and 19 of
the subsidiary Rules thereunder. Police officers of all ranks are amenable to
these rules, subject to such further conditions as are imposed by Police Rules.
(2)
Gazetted officer and clerks, who have to deal, in any capacity, wit
applications for leave, are required to be familiar with, and are in a position
to refer to Volumes I ad II of Punjab Financial Handbook No. 2, which contain
the rules mentioned in rub-rule (1). This Chapter contain only such departmental
rules as supplement the rules of the Financial Department, and a summary of the
more important of the latter rules for the guidance of subordinate police
officers, who are not in possession of the Handbooks, referred to. In all
doubtful cases or where detailed information is required, the rules should be
consulted in original. Clerks and others having access to the full rules are
required to give all reasonable assistance to officers of whatever rank, who
wish to ascertain their individual rights and obligations in respect of leave,
or to obtain guidance for dealing with requests received from their
subordinates.
NOTE
Certain
officers have exercised the options, given to tem at the time when the
fundamental Rules came into force, of remaining under the leave rules to which
they had previously been subject. The leave of such officers, will not be
regulated by fundamental Rules, but they are, equally with others, amenable to
special departmental rules regarding leave.
8-2. Principles governing the grant of leave –
Leave is earned by time spent on duty only. Leave cannot be claimed as of right
; the authority empowered to grant it may refuse or revoke it in the interests
of the public service, or in accordance with any duly authorized disciplinary rule.
8-3. Nature
of leave and method of calculation – (1) A separate leave account (in A F No.
75-A/ F. R. 9-A) is maintained in the office to which he is subordinate for
every police office. In this account the leave to which he is entitled under
the Fundamental Rules is periodically placed to his credit and he is debited
with the leave which he has taken. Leave due may be granted on average pay or
half-average pay, or partly on one and partly on the other according to the
conditions laid down in the Fundamental Rules. Leave not due may be granted on
medical certificate and, in very exceptional circumstances, for not more than
three months at any one time and six months in all, otherwise than on medical
certificate.
(2)
Police officers may be granted by the Provincial Government under conditions
specified in the Fundamental Rules, special disability leave if disabled in the
performance or in consequence of their official duties or in consequence of
their official position. Such leave is not debited in leave accounts. Under
special circumstances, and when no other leave is by rule admissible, extra
ordinary leave, without pay, may be granted. Police officers of and below the
rank of head constable may be granted hospital leave by the Superintendent of
Police under whom they are serving, white under medical treatment for illness
or injury, if such illness or injury is certified not to have been caused by
irregular or intemperate habits. Hospital leave is not debited in leave
accounts, and may be combined with other leave ; but hospital leave shall not
be granted in excess of six months in all in any term of three years, and no
single period of leave, after combination with hospital leave, shall exceed
twenty-eight months.
8-4. Special provisions regarding leave – The
following rules relating to leave are to be observed by all police officers:---
(a) A Police Officer who has taken leave
on account of ill-health whether technically on medical certificate or not
shall, before he is permitted to return to duty, be required by the authority
which granted him leave to produce a medical certificate in the following form
:-
“I,
A. B. _________________________, do hereby certify that I have examined C. D.
____________________ and that I consider him fit to resume his duties in
Government service.”:---
The
officer shall produce the original certificate and statement of the case on
which the leave was granted or extended before the authority asked to grant a
certificate of fitness to return to duty. In the case of Gazetted officers this
certificate must be signed by a District Health Officer or Medical Officer of
commissioned rank. If the leave has been sanctioned on a certificate granted by
a Medical Committee the certificate of fitness to return to duty must also be
obtained from a Medical Committee except (I) in cases in which the leave is not
for more than three months, or (2) in cases in which the leave is for more than
three months, or leave for three months or less is extended beyond three months
but the Medical Committee granting the original certificate or the certificate
for extension state at the time of granting such certificate, that the
Government servant need not appear before another Committee to obtain the
certificate of fitness to return to duty.
No
travelling allowance will be paid to an officer for journeys performed by him
to appear before a Medical Committee to obtain a certificate of fitness to
return to duty.
In
the case of subordinate Police Officers the authority which granted the leave
has discretion to admit a certificate by any registered medical practitioner.
(b) All applications for leave, or for
extensions of leave, shall be made through the proper channel to the authority
competent to grant the leave. The form of application shall be, in thee case of
gazetted officers A. F. No. 74, and in the case of subordinates Police Rule
Form 8-4 (b). Nothing in this rule shall debar a Superintendent of Police from
requiring those police officers subordinate to him, who are in a position to do
so, to apply verbally for leave in office or orderly room. Where prescribed
forms are not available, applications may be made by ordinary letter.
(c)
Gazetted officers applying for leave, or extension of leave, on medical
certificate, are required to appear before a medical board, in accordance with
the provisions of Chapter-XI of Punjab Financial Handbook No. 2, Volume-II.
Subordinate police officers are required to support applications for leave on
medical certificate by the certificate of the District Health Officer of the
district in which they are serving. Application for extension of such leave
must ordinarily be similarly supported by the certificate of the District
Health Officer of an extension of leave is incapacitated by illness from
appearing before the District Health Officer, it is within the discretion of
the authority empowered to grant the leave to accept the certificate of any
registered medical practitioner. The grant of a medical certificate is not
equivalent to the grant of leave and confers no right to leave ; the certificate must be forwarded
to the authority competent to grant leave, whose orders must be awaited expect
on strong grounds, leave recommended in the certificate of a competent medical
authority should be granted.
(d) A police officer returning from leave
is not entitled as of right to resume the post which he held before going on
leave unless the order granted leave specifically preserved his lies on such
post. He must report his return to the authority which granted his leave and, under
orders of posting heave already beed conveyed to him, await orders.
(e) A police officer holding a temporary
post may be granted leave, within the limits allowed by rule 16-2 Punjab
Financial Handbook No. 2, Volume-II, provided he has hold such temporary post
for at least two years, provided no extra expenses to Government is involved.
Probationary police officers may be granted such leave as would be admissible
to them under these rules if they had been confirmed in their appointments but
leave to probationary while undergoing instructions will only be granted in
cases of special urgency.
8-5. Casual leave-grant of – (1) Casual leave is a privilege granted by
Government in the nature of a brief holiday, and is not treated as absence from
duty. Such leave, consequently, shall not be entered in leave accounts.
(2)
Casual leave may be granted by the authorities shown in rule 8-9 below, subject
to the condition that it does not exceed ten days at any one time or twenty
days in a year, and that leave exceeding four days is not granted more than
twice in a year.
(3)
Exceptions to the provisions of rules 8-5(2) are
as follows:-
(a) Members of the Indian Auxiliary Force
may, if they can be spared, be granted casual leave up to a fortnight at a time
to attend an annual camp.
(b) Casual leave up to 30 days may be
granted to police officers required to undergo treatment at a Pasteur
Institute.
(c) A police officer prohibited by the
District Health Officer from attending his duties on account of infectious disease
in his family, may count the period of absence as casual leave up to a limit of
30 days.
Casual
leave granted in accordance with these exceptions will not count against the
annual amount of such leave admissible.
8-6. Casual
leave- restrictions regarding – (1) Casual leave may not be combined with other
leave except in exceptional cases, when a police officer is prevented from
attending to his duties by coses beyond his control. Rules 6-8 and 6-9 Punjab
Financial Handbook No, 2, Volume II, should be referred to in adjudicating such
cases.
(2) Police officers on casual leave are
prohibited from visiting places, whence their return within the period of their
leave is likely to be prevented by blocking of roads, breakdown in transport or
similar accidental cause, or from which they cannot return to their
headquarters within 36 hours notice. For special and adequate reasons the
Inspector General may relax this rule in particular cases, but it should
ordinarily be strictly observed.
No
casual leave for visit to Kashmir and Kulu, will, however be given without the
express sanction of Government. – (Punjab Government letter No. 30415 (H. –
Gaz.), dated 12th October 1931).
8-7. Casual Leave of Superintendents – Police
officers in independent charge of districts shall consult the District
magistrate when applying for casual leave, and shall state in their
applications to the Deputy Inspector – General that the dates proposed by them
are convenient to the District Magistrate.
(2)
Joining time will not ordinarily be allowed to subordinate police officers
transferred within the district in which they proceeded on leave. Police
officers of all ranks may be required, by the authority empowered to transfer
them or grant them leave, to take up their new posts without joining time, if
the interests of the public service so demand. Police officers required to
proceed on temporary duty without or beyond the district in which they are
serving are not considered to be transferred for the purposes of this rule.
8-9. Authorities empowered to grant leave – The
following table shows the authorities empowered to grant leave to police
officer. The approval of the Provincial Government is required to the grant of
leave other than casual leave to officers holding independent charge of
district:-
THE
POLICE RULE, 1934
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Authority
Which can grant leave
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To
whom
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Extent
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1.
Inspector
– General of Police
2. Deputy Inspector-General and
Assistant Inspector-General, Government Railway Police.
3.
Superintendents
of Police.
4. Superintendents of Police
and Assistant Superintendent of Police, Government Railway Police.
5. Assistant and Deputy
Superintendents.
6. Officers-in-charge of Police
Recruits Training Center.
7. Inspectors of Police.
8. Officers-in-charge of Police
Stations.
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1.
All
Officers.
2. Officers of the Imperial
Police Service not holding independent charge of a district.
3. Provincial police officers
not holding independent charge of a district.
4. All subordinate police
officers.
1. All Officer under their
control
2. Inspector other than European
Inspectors, prosecuting inspectors and inspectors in charge of Lahore,
Amritsar and Rawalpindi Cities; and of Anarkali.
3. All Sub-Inspectors,
Assistant Sub-Inspectors and lower subordinates under their control.
All gazetted officers
serving under them.
1.
All
enrolled officer.
2. Sub-inspectors, Sergeants
and Assistant Sub-inspectors.
3. Lower subordinates serving
under their control.
Lower subordinates under
their control.
All upper and lower
subordinates under them.
Lower subordinates under their control.
Constables attached to their stations.
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Casual
Leave.
Leave
up to 4 months.
Full
powers.
Full
powers.
Casual
leave
Leave
up to 8 months
Full
powers.
Casual leave up to four days
anyone time. (In submitting to higher authority any application by a gazetted
officer for casual leave in excess of four days, the Superintendent of Police
shall add a note showing the total amount of casual leave taken by the
officer during the calendar year including leave sanctioned under these
powers).
Casual leave.
Leave
up to 8 months.
Full
power.
Casual
leave.
Casual
leave.
Casual
leave.
Casual
leave up to three days provided that, in a police station of normal strength
not more than one constable is so absent at a time and that in city,
cantonment and similar police stations the limit prescribed by the
Superintendent in each case is not exceeded.
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8-10. Address while on leave to be given – Every
police officer, before proceeding on leave, shall record in the officer of the
authority granting him leave the address at which orders of recall or other
communications will reach him with certainty and despatch.
8-11. Recall from leave to give evidence – Time
spent by police officers on leave in giving evidence in courts and in
travelling to the court and back counts as part of the leave, and travelling
all allowance is admissible under the same conditions as if the police officer
had been on duty when summoned (vide
Rule 10-148). To avoid the inconvenience to all concerned and the expense to
Government involved recalling officers, whose homes are at a distance, officers
sanctioning leave should, as far as possible, fix dates for its commencement
which will avoid the necessity of such recally.
8-12. Deposit of Government property before
proceeding on leave – Every police officer before proceeding on leave shall
deposit all Government property in his possession of custody with the officer
responsible under these rules for the custody of such property when in store.
8-13. Leave accounts – the leave accounts
prescibed in Fundamental Rues 76 shall be attached to character rolls and
maintained in Form A. T. 290 in accordance with the instructions given in that
form and with Fundamental Rules 77 to 80. It is most important that the
accounts should be kept up with the greatest care and accuracy. They are the
basis for decision of all claims for leave and are essential to the preparation
of pension claims, the settlement of which may be seriously delayed by
inaccuracies in regard to leave accounts. Gazetted officers must check these
accounts frequently, both in the process of dealing with leave application and
otherwise.
8-14. Leave registers – The orderly head constable
shall maintain an English register of applications for leave in Form 8-14(a) and a leave registers in Form 8-14(b). In the latter all leave, other than
casual leave, granted to enrolled police officers, shall be entered. The leave
register shall be made over to the head clerk once a week, who shall make
necessary entries in the accounts of officers who have returned from leave, and
fill in column 9 of the register. An index shall be provided at the end of the
leave register in Form 8-14(c) for
and (b) upper subordinates as their
names may occur.
8-15. Leave certificate – (1) Certificates in Form
8-15 shall be issued to all enrolled police officers before they proceed on
leave other than casual leave.
(2)
Every enrolled police officer shall, on rejoining from leave, personally
present his leave certificate to the officer in charge of his police station or
the Lines officer, according to the place at which he rejoins. Such officer
shall endorse on the certificate the hour and date of rejoining, and forward it
to be field in the officer of the Superintendent.
8-16. Leave salary Declaration regarding – Before
proceeding on leave every police officer is required to declare whether wishes
his leave salary to be held over for payment on his return or remitted to him
monthly. If the latter, he must state the post officer to which he wishes a
money order to be sent and must certify
his willingness for the money order commission to be deducted from the amount
due to him. Police officer residing in the district in which their pay is drawn
may, if they desire, have the amount due to them remitted for disbursement to
the police station nearest to their home; in such cases the procedure laid down
in rule 10-92 will be followed.
8-17. Holidays – (1) The occurrence of a gazetted
holiday gives no right to a police officer to leave the station or area to
which his movements on duty are restricted. Permission to leave such limits
must be obtained from the authority empowered to grant casual leave to the
officer concerned.
(2)
Gazetted holidays may be prefixed or affixed to leave with the permission of
the authority competent to grant the leave; but such authority is bound by the
provisions of Chapter 9 of Punjab Financial Handbook No. 2, Volume II, in
respect of the grant of such permission.
FORM NO. 8-4(b)
POLICE DEPARTMENT. __________
DISTRICT.
Application for leave.
Enrolled
Officers.
APPLICATION
FOR LEAVE ON BEHALF OF THE UNDERMENTIONED
ENROLLED
POLICE OFFICERS.
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6
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8
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9
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10
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Provincial
or Range No.
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Name
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Rank
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LENGTH
OF LEAVE REQUIRED.
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Detail
of all required.
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Nature
of leave required
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Remarks
by Police Officer forwarding application
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Address
of Police Officer should leave be granted.
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Instructions
regarding pay during leave, if granted (rule 8-16)
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From
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To
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Note :- All applications for leave to assistant sb-inspectors,
sub-inspectors, sergeants and inspectors to be written in English in this form.
Dated
_________________
The _________________19 Superintendent
of Police
FORM No. 8-14 (a)
REGISTER OF
APPLICATIONS FOR LEAVE
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7
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8
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9
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10
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11
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Serial
No.
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Date
on which application is made
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Name
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Provincial,
Range or constabulary No.
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Rank
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Where
stationed
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LEAVE LAST
OBTAINED
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Kind
and period of leave now applied for
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Superintendent’s
order
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Number
and date of entry in Order Book
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Remarks
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From
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To
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*Here quote the No. of the entry in the Register of Leave granted. –
Police Form No. 8-14 (b).
LEAVE
FORM No. 8-14 (b)
LEAVE REGISTER OF
ALL ENROLLED POLICE OFFICERS FOR THE YEAR 19
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5
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6
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7
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8
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9
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10
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Annual
Serial No. of entry
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Rank
and Grade
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Name
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Provincial
Range or Constabulary
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LEAVE GRANTED
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Date
of entering the leave in the leave account and initial of the Head Clerk
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Remarks
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Nature
of leave
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Period
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Date
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Date
up to which the leave was actually enjoyed (to be filled in on return)
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Years
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Months
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Day
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From
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To
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Note :- If an officer returns from leave before noon, his leave counts
up to the preceding day.
FORM No. 8-14 (c)
INDEX TO LEAVE
REGISTER.
Part-1 for Lower
Subordinates, arranged according to Constabulary Nos.
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Constabulary Nos.
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Annual Serial No.
of the Leave Register over the year
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1
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5
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2
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3
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1911
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4
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5
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6
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6
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1911
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Part –II for Upper Subordinates. –
S.I. Nabi Bakshs, E. No. II I. Nural
Hasan, P. No. 5
1910 -------------------------------- ------------------------------
35
210
S.I. Ahmed Khan, E. No. 50 I
X Y . P. No. 20
1911 ---------------------------------- ---------------------
3
138
Note. – The figures below the names are the
annual serial Nos. of the Leave Register
FORM No. 8-15.
POLICE
DEPARTMENT. __________DISTRICT
Leave Certificate.
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7
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8
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9
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Provincial
Range or Constabulary No.
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Rank
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Name
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LEAVE
GRANTED
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Kind
of leave granted
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Up
to what date paid
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Remarks
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Extent
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From
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To
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(Standard
Form – Bilingual)
Dated ______________________
The
______________________19 Superintendent
of Police.
CHAPTER IX – Pension
9-1. General – Subject to the age limits fixed
by Article 503 and 506 of the Civil Service Regulations all service in the
police department is pensionable. Rates and conditions of pension are given in
the rules quoted below, with which officers preparing applications must be
familiar:-
Chapters XV to XXI (Ordinary
pensions), XXXVIII (Sound and other Extraordinary pensions), XLVII
(Applications for and grant of pensions), and XLVIII (Payment of pensions) of
the Civil Service Regulations.
Reference
to the following authorities is also necessary:---
Statutory Rules and
orders 1924, No. 1395, Superior Civil as Appendix G Part B, Punjab Financial
Handbook No. II, Volume I;
The Proportionate
Pension Rules promulgated with the Government of India, Home Department, Notification
No. F. 868-22, dated 1st March 1924, as subsequently
amended, and the new pension rules of gazetted officers in Articles 474-476 of
the Civil Service Regulations.
Police officers are
amenable to these rules, subject to such further conditions as are imposed by
departmental rules.
9-2. Definitions – (1) “Active Service” is
defined in Article 8, “Age” in Article 14, “Pension” in Article 41, & “
Superior” and “Inferior” Service in Article 396, Civil Service Regulations.
(2)
Articles 352, 353 and 454, Civil Service Regulations, define the cases in which
no pension can be claimed.
(3)
Articles 358 (a), 359, 360, 361, 374,
494, 495 (b), 498, 503 ad 506, Civil
Service Regulations, define the conditions of “qualifying” service.
(4)
Service before enlistment is governed by Articles 356, 358, 394 and 501, Civil
Service Regulations and conditions laid down in rules 9-2(5) and (6) 9.3, 9.29
and 12-24.
Note. I – If doubt exists as to whether any particular
service under Articles 361 and 494, Civil Service Regulations, or sub-rule (4)
above, qualifies for pension or not, enquiry should be made from the head of
the office of department in which the service was rendered.
Note.
II – The service of police offices whose pay exceeds Rs.20 per mensem is
qualifying service after the age of 20 years (Articles 358 (a) and 506, Civil Service Regulations)
and of those officers whose pay is Rs.20 or less per mensem, after the age of
18 years (Article 503, Civil Service Regulations).
Note.
III – When a police constable drawing pay exceeding Rs. 20 per mensem retires
on an invalid pension all his service in the police after te age of 18 years
shall be regarded as qualifying service.
(5) All
police officers who are members to the regular establishment and are employed
to serve in bodies of additional police, shall count such service for pension
ad increment. Similarly, police officers, who have no substantive appointment
and have been entertained in vacancies created by the sanction of additional
police shall, on their being absorbed in the regular force, count such service
for increment, as well as for pension.
(6) When
a lower subordinate is re-enrolled the Superintendent of Police may, allow his
previous police service to count for pension, subject to the conditions
contained in rule 12-24.
(7)
Articles 352, 396, 414, 481 and 482, Civil Service Regulations, particularly
apply to menial servants.
9-3.
Detailed conditions o admissibility of Previous military service – Instructions
in regard to te circumstances in which former military service may be reckoned
towards police pension are given below. Each case, after necessary
verifications, shall be forwarded through the Deputy Inspector General to the
Inspector General for te orders of the Provincial Government:---
(1) Military service, except service
in the Imperial Service Troops, by a employee belonging to one classes
mentioned in the note below may fount towards service qualifying for civil
pension, when such military service is itself pensionable, but has terminated
before a pension has been earned in respect of it and has been rendered after
the employee has attained the age of 20 years, and provided he has received no
pension or gratuity from the Military Department is respect of such service.
(2) When any gratuity has been paid
in respect of military service, such service can only count towards civil
pension if the gratuity be refunded, such refund to be made in not more than
thirty-six monthly installments commencing from the date of completion of
verification of military service. In such cases a reference should be made (for
each case separately) to the Accountant General, Punjab. When the case has been
decided a note shall be made in the character roll ad service book (if
any).
Note – The
roll applies to commissioned officers, non-commissioned officers and men of the
Indian Army and to non-combatant departmental and regimental employees and
followers of the supplemental services. It also applies to non-commissioned
officers ad men of the British service, warrant officers and departmental
officers of te Commissary and Army Service Corps classes in respect of service
with their units or departments in India.
(3) A certificate shall be obtained
from the Contained of Military Accounts in whose audit area the individual
served prior to his retirement from military service, showing whether or not
such employee had received any pension or gratuity on discharge from the army,
and whether or not the service rendered was pensionable ad paid for from Indian
Revenues or for which a pensionary contribution had been received by Indian
Revenues. The reference to the Controller of Military Accounts should be
accompanied with the sheet roll and the discharge certificate of the individual
whenever these are available. He should also be asked to state whether the
service was superior or inferior. This certificate shall be attached to the
character roll of the individual concerned. A copy of the certificate shall
immediately be sent to the Accountant General.
(4) Indian Army reservists who are
permanently appointed to the Police and discharged from the Army before they
have earned a pension under te Military rules may, subject to the provisions of
Article 356, Civil Service Regulations, be allowed to count for Civil pension
all previous military service with the colours and half of their reserve
service.
These instructions apply to all Army
reservists enrolled in the Police, who retire on or after the 21st
October, 1921, prior to which date reservists were not enrolled in the Police
unless they first obtained their discharge from the reserve.
To be eligible for this concession
reservists who have already been confirmed in the Police and have not taken
their discharge from the Army within 12 months from the date of their
confirmation under note 3 to Article 356 of the Civil Service Regulations may
do so by 1st October 1935. Those who do not take their discharge by
that date will draw reservist pay and count their police service towards
military pension and not towards civil pension until eventually discharged from
the reserve, when their service will begin to count for civil pension. If any
such reservist has actually earned a military pension; it shall not be granted
while he continues to service in Police, - vide Article 526(b), Civil Service Regulations.
Note
– The word ‘confirmation’ used in this rule means confirmation with reference
to Rule 12.21 in a permanent vacancy in the regular Police.
9-4. Admissibility
of leave periods for pension – Periods of leave which count as service shall be
determined for all police officers in accordance with Articles 407, 408, 412
& 413, Civil Service Regulations. Leave without allowances does not count
as service to wards pension. As regards menial servants see Article 414, Civil
Services Regulation.
9-5. Emoluments
– Emoluments and average emoluments shall be calculated in accordance with
Articles 486 to 490, read with Article 355 (b),
Civil Service Regulations. Cases of menial servants are dealt with under
Articles 481 and 482, Civil Service Regulations.
9-6. Preliminary verification of service – (1) When an upper
subordinate is likely within six months to retire from the public service, a
statement of his services shall be prepared in Form No. 24 (obtainable from the
treasury office) in accordance with instructions contained in Article 907(a), Civil Service Regulations.
Note – The verification must be finished before the
application for pension is prepared and if possible before the applicant
retires or appears before the invaliding authority.
(2) The
verification papers referred to in sub-rule (1) above, together with the
service book, shall be submitted to the Deputy Inspector-General, who, in the
case of Inspectors, shall forward the papers toe the Inspector-General and in
other cases shall sign the certificate at the foot of Form 24 and forward the
papers to the Accountant-General.
When
submitting the case to the Deputy Inspector-General, application should be made
at the same time for the condonation of any interruptions or deficiencies
(Articles 416 and 423, Civil Service Regulations) there may be, and also for
the commutation of any period of leave which may be inadmissible.
The
portion of service not verified by the Accountant-General, or the service
occurring between the verified service and the date of discharge on pension,
shall be verified from the acquittance rolls, and a certificate to this effect
shall be attached with the pension application.
(3) In
the case of lower subordinates the pension roll shall be prepared as directed
in Article 824, Civil Service Regulations. Such periods of service as have to
be verified on other offices shall be verified in good time.
(4)
Doubtful points shall be checked by the Urdu long roll, order book, punishment
register and acquittance rolls, and, if necessary, by reference to other
offices as required by the Note I to rule 9-2(4). The character roll should
then be corrected – (vide Articles
823 and 824, Civil Service Regulations).
(5)
Whether any discrepancy exists or not, inferior service rendered before
enrolment in the police should be verified by reference to the head of the
office in which it was performed. If it is impossible to verify the service in
this way the procedure prescribed in Article 908 (e), Civil Service Regulations should be followed. Superior service
can be verified by the Accountant-General, – vide Article 908 (b),
Civil Service Regulations, bu if this is not possible, the procedure described
above should be followed.
(6) The
pension claims of police officers of rank not higher than head constables, who
are permitted by the Provincial government to count their former military
service towards civil pension under Articles 356 of the Civil Service
Regulations, should be treated under the ordinary rules, and the statement of
service in Form 24 forwarded to the officer in-charge, Pension Branch,
Accountant General’s Office, Lahore, for verification of their claims to
pension six months before their retirement as required by Article 907 (b) and (c) of the civil Service Regulations.
9-7. Alteration in age – (1) The date of birth
shown in the character roll or corresponding record, can be altered only with
the sanction of proof to his satisfaction. If the recorded age does not tally
with that certified by an invaliding medical officer, board or committee, and
the discrepancy affects the title to pension or liability to superannuation,
the matter should be reported and the officer should not be discharged till the
orders of the Inspector- General have been received. In the case of an officer
whose year of birth or year and month of birth only is known, but not the exact
date, the 1st July of the year or 16th of the month
respectively should be treated as the date of birth for the purpose of
calculation of pension, – vide note
under article 283 of the Audit code, Volume I. The date of birth of all
officers enrolled before the 1st October 1933 may be allowed to remain
as already recorded.
(2)
Further orders as to the condition under which alterations of age may be
sanctioned are contained in letter No. 29976 (Home – Gazette) of 4th
July’ 1928 from the Chief Secretary to Government of Punjab. According to these
orders, an alteration may only be made, after special enquiry, if applied for
within two years of the applicant’s entry into Government service. The
Provincial Government may, however, make a correction in the recorded age of a
government servant at any time, if it is satisfied that age has been
incorrectly recorded with the object that the Government servant may derive
unfair advantage.
9-8. Classes of pensions – Pensions admissible
to police officers and menial servants are detailed below.
9-9. Invalid pension – An invalid pension
proportionate to the length of service is awarded to a police officer who by
bodily or mental infirmity is permanently incapacitated for further service in
the police. If the incapacity is directly due to irregular or intemperate habits,
no pension can be granted. If it has not been directly caused by such habits,
but has been accelerated or aggravated by them, it will be for the authority by
whom the pension may be granted to decide what reduction should be made on this
account – (Articles 441, 454 and 474, Civil Service Regulations). If the length
of the invalid’s service is less than then years a gratuity only will be
admissible (Article 474(a), Civil
Service Regulations). Superintendents are retired to be on their guard against
endeavors to retire on invalid pension by officers who are capable of serving
longer.
9-10. Invaliding rolls – Police officers whose
cases fall under the above rule shall be sent to the officer should be
invalided he should be asked to fill in an invaliding roll (Form 9 to (b))
on receipt of which steps should be taken to prepare the pension papers without
delay. If the incapacity is not declared to be complete and permanent, he
should, if possible, be retained in employment on light duty. If a pension is
granted the capacity for partially earning a living shall be taken account of
in assessing its amount.- (vide Articles 427 and 447 (b), Civil Service
Regulations).
9-11.
Surgical
operations not compulsory – A police officer need not be subjected to a
dangerous operation merely to render him fit to perform his duties.
9-12. Incapacity due to
intemperance – Whenever the District Health Officer is of opinion that the
incapacity of a proposed invalid is caused wholly or partially, by irregular or
intemperate habits, it shall be the duty of the Superintendent, in
communication with such District Health Officer to investigate and place on
record the medical and police history of such officer. It should be decided
whether a police officer’s inefficiency is the result of irregular habits, or
whether it is due to one act which, from neglect, may have resulted in ruining
his constitution and health. The more fact that a police officer has suffered
from syphilis is not sufficient to make him liable to the forfeiture or
reduction of pension. Such cases will be decided on consideration of their
history as a whole. The record in such cases shall be submitted to the Deputy
Inspector – General for orders, with the other documents of the case.
9-13. Invaliding boards – If the
pension applied for exceeds Rs.100 a month a certificate by a single medical
officer should not be accepted as sufficient. In such a case the applicant
shall be produced before the standing medical board or an invaliding committee
(vide VIII of Punjab Medical Manual) with the following documents:-
(i) The invaliding roll signed by the District Health Officer or
competent medical officer. (ii) The nominal roll (Form 9-13), the
character roll and (iii) the medical history of the officer.
9-14. Retention in service after date of
invalidment – Ordinarily a police officer shall not be retained in service
after the date of his being certified unfit for service, and, except with the
special order of the authority competent to grant the pension, service after
that date shall not count for pension (For exception to this rule see Article
456, Civil Service Regulations). When an invaliding roll is signed by more than
one medical officer, and on different dates, the date of invaliding shall be
taken to be the last of such dates.
9-15. Supernnuation pension –
(1) A superintendent pension is granted to an officer in superior service
entitled or compelled by rule to retire at a particular age – (Article 458,
Civil Service Regulations).
(2) A
ministerial officer may be required to retire at the age of 55 years, but
should ordinarily be retained in service, if he continues efficient up to the
age of 60 years. – vide rule 56 (b), Punjab Financial Handbook No. 2,
Volume I. In the application of this rule the test of efficiency should be applied
with reference to the requirements of the post the ministerial officer is
holding. In the case of higher ministerial posts, the duties of which involve
responsibility and the supervision of other clerks, the competent authority
should not agree to retention in service.
(3)
Officers other then ministerial, who have attained the age of 55 should
ordinarily be required to retire and should not be retained in service except
where unquestionable public grounds for retention exist, and there is no doubt
as to the physical fitness of the officer. Extensions may not be granted for
any period exceeding one year at a time.
9-16. Retention
in service of Government servants after the age of 55 years – Under serial No.
23-A of rule 22-4 of the Punjab Financial Handbook No.2, Volume II, Subsidiary
Rules, powers are delegated to Heads of Departments to retain a non-gazetted
Government servant, other than a ministerial servant, in the service, after the
age of 55 years, that any such retention of a Government servant must be on
public grounds and that reasons must be recorded in writing. It follows that
only in very exceptional circumstances can this power be exercised. The
convenience or the financial advantage of the officer to be retained must in no
circumstances be taken into consideration. The sole justification for
exercising the power delegated, under the rule in question, is the interest of
the public service. The question, in fact, is not whether it will benefit an
officer to retain him, but whether the interests of the department will suffer
if the officer is not retained. Only in very exceptional circumstances will the
Inspector-General exercise his power under the rule, which will apply with
equal force to all ranks.
9-17. Age
register. Maintenance of – (1) A permanent age register shall be maintained in
each district police office and in the offices of the Deputy Inspector-General,
Criminal Investigation Department and Assistant Inspector-Genera, Government
Railway Police, in Form No. 9-17(1)A and 9-17(1)B, in which shall be entered
the names of (a) all lower subordinates and (b) upper
subordinates, as they reach the age of 53.
(2)
Early in October each year, the Superintendent of Police shall examine the age
register and pass orders regarding the superannuation of all lower
subordinates, who will attain the age of 55 years or whose previously
sanctioned extension of service expires during the financial year commencing on
the 1st April next, and shall, with reference to rule 9-16, submit,
through the Deputy Inspector-General, his recommendations for the retention of
lower subordinates for the orders of the Inspector-General. The names of all
upper subordinates similarly due for superannuation shall be submitted in Form
9-17(1)B to the Deputy Inspector-Genera, who will pass orders for
superannuation or make recommendations for the retention of upper subordinates
to the Inspector-General for orders.
9-18. Retiring
pension – (1) A retiring pension is granted to an officer who is permitted to
retire under Article 465, Civil Service Regulations, after completing
qualifying service for thirty years. Government retains the right to decline to
permit an officer to retire before reaching the age of superannuation, should
this be necessary in the public interests.
(2)
Conditions under which police officers of the All-India or Provincial Services
may retire voluntarily or be compelled to retire after completion of 25 years’
service are contained in Article 465-A, Civil Service Regulations.
(3) The
officer, whose duty it would be to fill up the appointment if vacant, shall
record his orders on the application to retire, which, if in Urdu, should be
accompanied by a translation in English. If the officer who applies for
pension, is permitted to retire, the application shall be forwarded with the
pension papers – (vide Article 906, Civil Service Regulations).
9-19. Wound
and other extraordinary pensions – (1) Police officer of all ranks are eligible
for pensions or gratuities or family pensions in compensation for death,
wounds, injuries, or disablement from disease, or in the consequence of their
official duties, or in circumstances directly arising from their official
positions. The nature and conditions of such grants under varying
circumstances, and the procedure to be followed in applying and making
recommendations for such grant, are described in Chapter XXXVIII, Civil Service
Regulations.
(2) The
grant of pensions or gratuities in cases of anarchist outrages will be dealt with under the special powers delegated
to Provincial Government in Government
of India., Finance Department letter No. 1370-C. S. R., dated the 5th
December 1922 and letter No, 58-V-30 Police, dated the 20th August
1930.
(3) The
pensions or gratuities of special constables or their dependents shall be
determined in the light of their private circumstances subject to a fixed
maxima. The maximum benefits for such constable and their dependents shall be
approximately equivalent to those admissible in respect of Government Servants
intentionally killed, or injured, Provincial Government will take into
consideration the private fortune of the special constable including any
provident or family pension fund which accrued to the claimants from
non-Government sources. (Punjab government endorsement No. 37233 (Home – Police),
dated 1st December 1931 on Government of India, Finance Department
letter No, 2853 –R.II., dated 16th November 1931).
9-20. The
Compassionate Fund – (1) The provincial Government maintains a
Compassionate Fund for the relief of families of Government savants left in
indigent circumstances through the premature death of the person upon whom they
depended for support. The fund is not intended to supplement other provision in
the form of pensions and gratuities. Grant are restricted to excep0tional and
thoroughly deserving cases. Gratuities, and not pensions, are granted, and,
except in very exceptional circumstances, the equivalent of six months pay of
the deceased is the maximum admissible. Yearly grants may be made for a limited
period to defray the expenses of educating children. Relief from the fund is
ordinarily confined to the families of non-gazetted officers, and preference is
given to cases of men on low rates of pay. The deceased officer must have been
a meritorious Government servant and preference will generally be given to the
dependents of an officer who has died after many years of service and has just
failed to draw pension. Death due to special devotion to duty establishes a
strong claim.
(2)
Applications for the grant of compassionate gratuities should ordinarily be
made within six month of deaths. They should invariably be accompanied by the
descriptive-roll in duplicate (on separate sheets) of the applicant or
applicants, as the case may be, in Form 9-20(2) duly attested by two or more
persons of respectability in the town or village in which the applicant or
applicants reside.
Note – The full rules of the fund are
published with letter No. 22376-F of 4th August 1926, from the
Secretary to Government, Punjab, Finance Department, to all Heads of
Departments and Deputy Commissioners.
9-21. Pension
applications of gazetted officers – Pension applications of gazetted officers are
prepared in the Central Police Office and checked by the Accountant General.
Claims of officers of the All-Indian service will be entered in Civil Service
Regulation Form 26 and those of Provincial service in Civil Service Regulation
Form 25.
9-22. Pension
applications of enrolled officers – (1) Before the retirement or discharge of and
enrolled police office, his left hand thumb and finger impressions shall be
taken in the character roll and service book (if not already taken), on Civil
Service Regulations Form 25 and in duplicate in Form 9-22 (1). In the case of
literate officers a specimen signature in duplicate attested by a gazetted
officer shall be attached to the pension application.
Note – To compel an officer after
discharge to present himself for such or similar purposes is not lawful.
(2)
Applications for wound and other extraordinary pensions should be prepared in
Civil Service Regulations Forms 25 and 26 in the case of officers injured, and
in Civil Service Regulations Form 22 in the case of deceased officers.
(3)
Applications for all other pensions or for gratuity on behalf of enrolled
police officers should be on Form 9-22 (3); if necessary a last pay certificate
should also be prepared. (Vide Article 910).
9-23. Matters to
be noted in pension applications – (1) In the preparation of applications for
pension and gratuities, attention shall be paid to the following matters:---
Page 1
of Civil Service Regulations Form 25; (a) acting allowance should be
excluded form the calculations of the average emoluments, unless the conditions
laid down in Article 486 (h), Civil Service Regulations, have been
fulfilled.
(b)
In the latter case, it should be
stated on page 2 of the application (i) whether the appointment was
fully vacant; (ii) whether any one else counted service in it for that
period ; and (iii) how the original vacancy occurred, if the applicant
acted in a chain of arrangements.
(c) Fractions of an anna shall not be taken
into account in calculating any pension admissible under the rules.
(d) The date entered against serial number
serial number 18 and that given at the foot of this page should tally.
(e) Proper names should be written in block
capitals.
(2) Page 2 (History
of service)
(a) The examples of Civil Service Regulations Form 24 should be
followed; the name of district being given in column 2.
(b) A full and clear statement of the entire service of the
police officer, on shoes behalf the application is made, shall be entered, and
the cause of all breaks in service fully explained – (Article 411, 419, 420 and
42, Civil Service Regulations).
(c) Broken periods of a month should be calculated on the number
of days in the month; to make the total of such periods agree with the total
period of service, the total number of days may either be divided by a month of
30 or 31 days, or the provisions of Article 18, Civil Service Regulations,
should be applied.
(d) The period of each rate of pay should be shown separately.
(3) Page 3 (a). The
certificate regarding character, conduct, etc., should be in accordance with
Article 911, Civil Service Regulations. Character shall be assessed for
classification in accordance with rule 14-12(2). No extracts from character
rolls may e inserted in any application for pension or gratuity.
(b) If service has not been thoroughly satisfactory, the
authority sanctioning the pension should make such reduction in the amount as
it thinks proper – (Article 470 (b), Civil Service Regulations).
(c) An explanation of any suspension which has not been treated
as period spend on duty (Rule 54, Punjab Financial Handbook No.2, Volume I)
should be furnished.
Note
– Every application for pension shall include a certificate to the following
effect –
“I hereby declare
that I have neither applied for no received any pension or gratuity in respect
of any portion of the service included in this application and in respect of
which pension or gratuity is claimed herein, nor shall I submit an application
hereafter with-out quoting a reference to this application and the orders which
may be passed thereon.”
If the
applicant has already received a gratuity, or is in receipt of a pension, the certificate
shall be modified to show the nature and amount of such gratuity or pension,
the period of service in respect of which it is paid and by whom it is paid.
9-24. Avoidance
of delay in submission of pension papers – Delay in the submission of
applications for pension causes great hardship to the officers concerned.
Submission of pension papers should not be delayed pending recovery of monies
due. Officer should state prominently that a recovery is due, and leave
Government to direct the recovery from the pension.
9-25. Submission
of pension application – The application should be forwarded with a covering
letter to:---
(a) The Deputy Inspector-General, in case of
wound and other extraordinary pensions, who will forward it through the
Inspector-General for the orders of Government.
(b) The Inspector-General, in cases of
police officers drawing pay of Rs.45 and under.
(c) The Accountant-General in all other
cases.
9-26. Anticipatory
pension – When the Accountant-General sends a memorandum of services verified by
him of police officers on pay exceeding Rs.40 per mensem, he sends with it a
form and certain directions required under Article 925, Civil Service
Regulations. If the applicant is willing to receive pension in anticipation of
sanction, the form should be filled in, signed and submitted in accordance with
the directions.
9-27. Sanction
of pension – (1) A claim to a pension by a police officer on pay not exceeding Rs.40
per mensem, only for the period of continuous and verified service in the force
in which at the time of his application he is serving, may, if admissible under
the strict letter of the rules, be allowed by the Inspector-General and
reported to the Accountant-General with the necessary particulars for
identification.
(2) In
the case of all other enrolled police officers, i.e., officers on pay
exceeding Rs.40, and those on pay not exceeding Rs.40 whose services have not
been continuous in the force in which at the time of application they are
serving, the pension papers shall be first submitted to the Accountant-General
for a report on the claim to pension, and on receipt of his report final orders
will be passed:---
(a) By the Inspector-General in cases of
inspector and officers on pay not exceeding Rs.40 per mensem.
(b) By Deputy Inspector-General, in cases of
upper subordinates other than inspectors.
(3) When a pension has been sanctions, the
applicant together with all connected papers, will be returned to the
Accountant-General for issue of payment order, and the sanctioning order will
be forwarded to the Superintendent for delivery to the pensioner (vide
Article 326, Civil Account Code, Volume II and Article 939 to 934, Civil
Service Regulations). In the case of officers on pay not exceeding Rs.40 per
mensem, only the application with (a) the original request of the
applicant for pension, (b) the last pay certificate, (c) the
invaliding roll, if any, and (d) thumb impression slips in duplicate,
will be returned to the Accountant-General, and the character roll will be sent
to the Superintendent.
(4) All letters to the Accountant-General
conveying sanction to the grant of pension shall be in form 9-27(4).
(5) In cases where the pension is payable
from the treasury outside the Punjab, North-West Frontier or Delhi Province,
the sanctioning order with the pension papers shall be forwarded to the
Accountant-General, Punjab, for check, and transmission to the
Accountant-General of the Province concerned or the other authority, competent
to other payment.
9-28. Conversion
rate –
Pensions payable out of India are convertible at the rate of 1s. 9d.
to the rupee.
9-29. Condonation
of interruptions and deficiencies in service – (1) The Inspector-General of
Police is empowered to condone all interruptions in the service of inspector;
Deputy Inspector-General in the service of other upper subordinates and
Superintendents of Police in the service of lower subordinates. Condonation of
breaks of service and admission of military service to count for police pension
rules are conditioned by rules 9-2, 9-3, and 12-24.
(2) The
authority competent to sanction the pension of an officer may condone a
deficiency of three months in qualifying service, while the Government of India
and Provincial Government may similarly condone a deficiency not exceeding
twelve months, –vide Article 423, Civil Service Regulations.
(3) All
officers sanctioning pensions are empowered to order recovery of overpayments
of leave allowances, when this is recommended by the Accounts Department. Cases
in which the officer sanctioning the pension does not agree with the
Accountant-General in considering that recovery should be made, should be
referred to the Inspector-Genera. The disposal of such references should not
interfere with the sanction and payment of a pension otherwise admissible under
the rules. It is undesirable that an officer should be kept out of his pension
in regard to which there is no doubt, because its enhancement depends on the
consideration and reference to higher authority of some concessions claimed.
(4)
Every pension and gratuity sanctioned for an enrolled police officer, whether
by departmental officer, Government or the Secretary of State, will be notified
in the English edition of the Police Gazette.
9-30. Withdrawal
of General Provident Fund money – The following information shall be supplied to
the Audit Office to permit of the prompt payment of General Provident Fund
balances due to officers who have left the force on pension or otherwise:---
(a) The number of the General Provident Fund
Account as assigned by the Audit Office.
(b) The actual date of retirement of the
subscriber.
(c) A certificate from the sanctioning
authority referred to in rule 20(1) of the General Provident Funds rules
stating whether any advance from the fund was granted to the subscriber during
the previous 12 months and giving full particulars of the advance if any.
(d) The amount of the last fund deduction,
with the number and date of the treasury voucher from which it was deducted.
(e) The name of the treasury and which
payment of the Provident Fund money is desired.
(f) In case of leave preparatory to
retirement, whether the officer desires to withdraw the deposit before the
actual date of his retirement in terms of rule 11 of the General Provident Fund
Rules; if so (1) the date of commencement of leave, (2) the date on which he
will actually retire, (3) whether he retires under a superannuation rule, a
retiring rule or on a medical certificate of incapacity for further service. In
the last case the date of the medical certificate should also be stated. (4) In
case of officers proceeding to England on leave preparatory to retirement,
whether they desire to receive payment through their agents in India or by
means of sterling bills in England.
9-31. Withholding
pension – It is within the competence of the Provincial Government to withhold or
withdraw the pension of any retired police officer, who participates in any
seditious or violent agitation, or is convicted of serious crime, or is guilty
of misconduct within the meaning of Article 351 of the Civil Service
Regulations.
9-32. Commutation
of pensions – (1) The regulations governing the procedure for the commutation of
pensions circulated with the endorsements of the Inspector-General, Nos.
900-S/18-9-31-A and 5963-B/18-9-31-A, dated respectively the 12th
August and 39th November’1931, which must be followed closely,
supersede all previous rules and departmental orders on the same subject.
Printed copies of the application form appended to the regulations may be
obtained, as required, by indent on the Superintendent, Government Printing,
Punjab.
(2) The
lump sum payable on commutation shall be calculated in accordance with the
tables of present values circulated, whit the correspondence ending with the
Inspector-General’s endorsement 3362-B/18-9-31-A, dated the 11th
June 1931, or such revised tables as may from time to time be issued.
9-33. Miscellaneous
matters – When police officers have been superannuated, retired or invalided and
their cases have been settled by proper authority, such decision is final.
Explanation
– Nothing
in this rule shall be held to bar the re-enrolment of a police officer who has
been invalided, but who has subsequently recovered his health and is certified
by proper medical authority as fit to service – (Article 519, Civil Service
Regulations.
9-34. Procedure
when a police officer becomes a lunatic – If it appears to the
Superintendent that a police officer serving under his orders has become a
lunatic, he shall take measures to have him invalided in the manner provided by
this chapter.
9-35. List
of pensioners – (1) Superintendents will, from time to time, receive from Deputy
Commissioners the necessary particulars of new pensioners of their districts,
and shall forward extracts therefrom to officers in charge of police stations,
giving them the names and particulars of all such pensioners residing within
their station jurisdictions. Supplementary extracts shall be forwarded on
receipt of intimation from Deputy Commissioner.
(2)
Officers in charge of police stations shall keep a list of civil and police
pensioners residing in their jurisdiction. Such lists shall be pasted on boards
and hung up in the office room of the police stations.
(3)
Headmen of villages and village watchmen shall be informed of the names of
civil and police pensioners residing in their villages, and shall be
instructed, when making reports of death, to distinguish the death of all
pensioners. On receipt of a report of the death of a civil or police pensioner
the officer in charge of the police station shall, in addition to the ordinary
death report submit a special report, giving the particulars and date of such
death, to the Superintendent to whom he is subordinate, for transmission
without delay to the Deputy Commissioner.
Form No. 9-10(a)
Police
Department
form of letter to district health officer
19 .
From
_______________________
Superintendent
of Police,
_______________________.
To
The
District Health Officer
_______________________
Dated____________________
No______________.
Received _________________
________________________________________________________________________
Sir,
I have the honor to request that you will please give
your opinion in the enclosed form whether ______________________________________
should be invalided.
2. ____________________________________________ has
served Government for____________________ years and ______________________
months, and his age is recorded as ______________________ years and
_______________months. His hospital sheet is enclosed for perusal and return.
I have, etc.,
Superintendent of
Police.
(Reverse Form No. 9-10(a))
Police Department
19 .
From
The District Health Officer
_____________________
To
Superintendent
of Police,
____________________
Dated____________________
No______________.
Received _________________
________________________________________________________________________
Sir,
In reply to your letter No. ______________________ of
______________I am of opinion that
_____________________ should be invalided, on the ground that (here state
disease, etc.)
2. His incapacity
for service does not* appear to have been cause wholly or partially by his
irregular or intemperate habits.
3. (Gratuitant only) – I consider that he has not clearly
the normal prospects of life.
I have, etc.,
District Health
Officer.
________________________________________________________________________
* This word to be
erased when the incapacity is so caused.
Form No. 9-10(b)
Police Department
__________District
IINVALIDING ROLL
Proceedings of a Invaliding Board
assembled to report, under Article 442, Civil Service Regulations, 5th
Edition, on the individual named below:---
________________________________________________________________________
1. Certified that __________________
have carefully examined ______________ sun of __________________ a
__________________ No. ______________ in the Police Department.
2. his age is by his own statement
___________________ years, and by appearance about _______________ years,
________________ consider _____________ to
be completely and
permanently
incapacitated for further
service
of any kind
in consequence
or in the
department to which he belongs
of
_____________________________________________________________________
________________________________________________________________________
3. His incapacity does not appear to
________________ to have been caused by irregular or intemperate habits.
________
Note
– If the incapacity does not appear to be complete and permanent, the
certificate should be modified accordingly, and the following addition should
be mate. But no service of a less laborious character is available in the
Police.
4. _________________ of opinion that __________________
is fit for further service of a less labourious character that that which he
has been doing, or may, after resting for ___________________ months, be fit
for further service of a less laborious character than that which he has been
doing.
________
Dated____________________ ______________________
Surgeon in Medical charge of Police
Received _________________
________
_________________________ President
of invaliding Committee.
_________________________
_________________________ Members of invaliding Committee.
________
Thumb impressions to be taken by the Examining Medical
Officer or Board.
Left Thumb Left Forefinger Left Middle Fingre Left Ring Fingre Left Little Fingre
Form No. 9-13
Police Department
__________District
NOMINAL ROLL OF ENROLLED POLICE OFFICERS UNDER ORDERS TO
STANDING MEDICAL BOARD AT
APPEAR BEFORE THE ----------------------------------------------------
INVALIDING COMMITTEE AT
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
Serial No.
|
Name
|
Father’s Name
|
Recorded date of
birth by Christian era.
|
Employment (State
rank and designation
|
Length of
Service, counting for pension or gratuity
|
Amount of pension
or gratuity to which the person is supposed be entitled
|
Remarks
|
|
|
|
|
|
|
Yrs. M.
D.
|
Rs. a.
p.
|
|
|
|
|
|
|
|
|
|
|
Dated_________________|_____
Received ______________19 . Superintendent of Police
----------------
Form No. 9-17 (1) A
Police Department
__________District
PERMANENT AGE REGISTER SHOWING THE NAME OF LOWER SUBORDINATES (HEAD
CONSTABLES AND CONSTABLES) WHO HAVE ATTEND THE AGE OF 53 OR MORE
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
Serial No.
|
Constabulary No.
|
Name
|
Rank and Grade
|
Date of attaining
the age of 55 years
|
Date to which
extension has previously been granted by the Superintendent of Police
|
Order of
Superintendent of Police
|
Remarks (State
length of service qualifying for pension
|
|
Extensions
|
|
1st
|
2nd
|
3rd
|
4th
|
5th
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Form No. 9-17 (1) B
Police Department
__________District
PERMANENT AGE REGISTER SHOWING THE NAMES OF UPPER SUBORDINATES
(INSPECTORS, SUB-INSPECTORS, ASSISTANT SUB-INSPECTORS AND SEREANTS) WHO HAVE
ATTEND THE AGE OF 53 OR MORE
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
Serial No.
|
Provincial Range No.
|
Name
|
Rank and grade
|
Date of attaining the age of 55 years.
|
Date to which extension has previously been grant
--------------------Inspector General
ED by the --------------------- Deputy Inspector General.
|
Ground for recommending
extension or retirement from service
|
Opinion of District
Magistrate.
|
Orders or remarks by the
Deputy Inspector General
|
Order by the Inspector
General of Police
|
Remarks. (State length of
service qualifying for pension.)
|
Extension
|
|
1st
|
2nd
|
3rd
|
4th
|
5th
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
----------------
Form No. 9-20(2)
Descriptive roll of
Musammat
-----------------------------------------------------------------------widow of
the late
-----------------------------------------------------------------------------
No.-------------- of the
-------------- District.
|
(1)
Name
|
|
(2)
Race
|
|
(3)
Residence
|
|
(4)
Father’s name and resident.
|
|
(5)
Height
|
|
(6)
Age
|
|
(7)
Colour
|
|
(8)
Personal marks, if any, on
the hand, face, etc.
|
|
(9)
Place of payment (Government Treasury or Sub-Treasury).
|
Signature
or right hand thumb and finger impressions:-
|
Small finger.
|
Ring finger.
|
Middle finger
|
|
( )
|
( )
|
( )
|
|
Index finger.
|
Thmb
|
|
( )
|
( )
|
----------------
FORM No. 9-22(1)
Police Department
__________District
THUMB AND
FINGERIMPRESSION SLIP.
|
1
|
2
|
3
|
4
|
5
|
|
Left thumb.
|
Left foreginger.
|
Left middle
finger.
|
Left ring finger.
|
Left little
finger.
|
|
|
|
|
|
|
Thumb and finger Impression slip of ----------- late a -------------,
No.---------------
Taken before--------------------------------------
Name and designation --------------------------
On the -----------------of ------------------
19 .
Signature
FORM No. 9-22(3)
Police Department
__________District
Application for
_________________ for _______________ No. ________________ grade
__________________ of the ___________________Police.
|
(1) Name
of applicant .
. .
(2) Father’s
name .
. .
(3) Race,
sect and caste .
. .
(4) Residence.
.
. .
(5) Present
or last employment including name of service
(6) Date
of beginning of service . . .
(7) Date
ending of service . .
.
(8) Length
of service, including interruptions.
Superior . . .
On Which Interior . . .
Non Qualifying
and
interruptions
(9) Class
of pension or gratuity applied for and
c use of applicatin*.
(10)
(Average) emoluments or
pay . . .
(11)
Proposed pension . . .
(12)
Do. Gratuity . . .
(13)
Date from which pension is
to commence. . . .
(14)
Place of payment . . .
(15)
Date of applicant’s birth by
Christian era+. . . .
(16)
Height .
. .
(17)
Marks
. . .
(18)
Date
. . .
|
Village _________Thana
__________District_____________
Years __________ Months
__________ Days_____________
|
|
Years
|
Months
|
Days
|
|
Space for thumb
and finger impressions
|
|
|
|
|
|
Left Thumb
|
|
|
|
|
|
|
Index Finger
|
|
|
|
|
|
|
|
|
|
|
Middle Finger
|
|
|
|
|
|
|
Ring Finger
|
|
|
Little Finger
|
|
|
|
|
|
|
|
|
|
|
*If
the application is for Compensation, Pension or Gratuity the nature of the
change of establishment which has given rise to the claim, should be fully
stated.
+If
not known exactly, must be stated on the best information or estimate.
Dated________________________19 .
Superintendent of Police
____________________________
APPLICATION FOR PENSION OR GRATUITY.
________________________________________________________________________
HISTORY OF SERVICE (SHOWING INTERRUPTION) OF
--------------------------------GRADE.
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
Establishment.
|
Appointment
|
Pay.
|
Acting Allowance.
|
Date of
Beginning.
|
Date of ending.
|
Period reckoned
as service
|
Period not
reckoned as service
|
Remarks
|
How verified
|
Remarks by the
Audit Officer.
|
|
|
|
|
|
|
|
Y. M. D.
|
Y. M. D.
|
|
|
|
|
Total period of
superior service.
|
|
REMARKS BY HEAD
OF OFFICE.
|
|
(1)
As to character and past
conduct of applicant [See Article 911 (a), C.S.R.]
(2) Explanation
of any suspension or degradation.
(3)
Regarding any gratuity or
pension already received by applicant.
(4)
Explanation under Article
427 so far as the head of the office can give it.
(5) Any
other ren arks.
(6)
Specific opinion of heard of
office, whether the service claimed is established and should be admitted or
not [See Article 911 (b).]
|
|
|
|
|
Superintendent of Police
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
CERTIFICATE AND
REPORT OF THE AUDIT OFFICER.
Certificate that (subject to the remarks below recorded)
qualifying service in ____ __________________ grade has been duly proved for
____________ years, ___________ months, _____________ days; and that
________________ not exceeding Rs._____________ is admissible under Article
_______________ of the Civil Service Regulations. The calculations have been
duly verified ______________. The _________ ____________ is chargeable to
______________.
LAHORE:
Audit
Officer
Dated
________________19
FORM No. 9-22 (3) – Concluded.
ORDER
BY INSPECTOR – GENERAL OF POLICE
Superannuation
Retiring
Invalid
|
|
A Pension of Rs.
____________________________________________
__________________________________________________________________
only per mensem, is sanctioned for Constable / Head Constable of the __________
District, payable from the Treasury at ___________________ with effect from the
_______________ of _____________ 19 .
The medical certificate granted by the District Health Officer ______________
is accepted under Article 442 (d) of the Civil Service Regulations.
Assistant Inspector General,
Dated _______________ 19 . for Inspector
General of Police,
Punjab.
|
Police 19 .
Department
|
District
|
Application for
pension or gratuity.
For
__________________________________________ _______________Grade.
|
|
|
Date of
application …
|
Name of
applicant …
|
Last appointment
held …
|
Class of pension
or gratuity
|
Amount of pension
sanctioned.
|
Amount of
gratuity sanctioned.
|
Date of
commencement
|
Date of
sanction …
|
FORM No. 9-27(4)
Police
Department
________________________________________________________________________
Head
: Pension__________
File
No. _______________
Letter
No.______________
Date
_____________19 .
|
|
From
To
TOTAL ACCOUNTANT
GENERAL,
Punjab.
SIR,
Chracter Roll
Chracter Roll and
Personal file
|
|
Admitted in full
Reduced from Rs._____
|
|
With reference to your
letter No,
dated .
I have the hounour to inform yo9urthat II have sanctioned the grant of a
pension (Superintendent, Invalid, Retiring) of Rs. pr mensem to the
officer, and with effect from the dates, shown in the sub-joined table. I have o of this officer and have
satisfied myself with reference to Article 470 (b) Civil Services Regulations
that the pension should be to
Rs. ________ per mensem.
2. The grant is subject to revision and should the amount now
granted be afterwards found to be in excess of that to which entitled under the
Regulations, refunds will be demanded.
3. The pension application
with connected papers (as noted on
are forwarded herewith for issue of necessary orders of payment.
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
Provincial Range or constabulary No.
|
Name.
|
Rank.
|
Amount.
|
Date from which
payable.
|
Treasury from
which payable.
|
Scale elected.
|
Age.
|
|
|
|
|
|
|
|
|
Y. M. D.
|
I, have, etc.,
Assistant Inspector
General,
for Inspector General
of Police Punjab.
ENCLOSURES.
1.
Application for pension.
2.
applicant’s Retition in writing applying for
pension.
3.
Last-Pay Certificate.
4.
Invaliding Certificate.
5.
thumb and finger impression slip.
6.
Specimen signature in duplicate.
7.
Certificate regarding non-receipt of pension or
gratuity.
8.
Certificate regarding leave.
APPENDIX
10.22(1)
SPECIMEN
SCALE AND INSTRUCTIONS FOR CALCULATING CHARGES FOR ADDITIONAL POLICE.
Cost for the first year
|
|
Rs.
|
a.
|
p.
|
|
One
Inspector at Rs.210 per mensem … … … …
|
2,520
|
0
|
0
|
|
On
Sub-Inspector at Rs.95 per mensem … … …
|
1140
|
0
|
0
|
|
One
Assistant Sub-Inspector at Rs.49 per mensem … …
|
588
|
0
|
0
|
|
One
Head Constable at Rs.35 per mensem … … …
|
420
|
0
|
0
|
|
Twenty-five
Foot Constables –
|
|
|
|
|
Six
Foot Constables at Rs.21 per mensem each …
|
1,512
|
0
|
0
|
|
Nineteen
Foot Constables at Rs.18 per mensem each…
|
4,104
|
0
|
0
|
|
Four
Foot Constables at Rs.18 per mensem each, i.e.
1/6th of the total number of Constables on account of contingency
reserve … … … … …
|
864
|
0
|
0
|
|
Total
pay of establishment
|
11,148
|
0
|
0
|
|
Contingencies
at 1/10th of pay of establishment … …
|
1,114
|
12
|
9
|
|
Leave
contributions –
|
|
|
|
|
121/2
percent of total average pay of establishment, i.e. 1/8th of total pay of establishment
|
1,393
|
8
|
0
|
|
Pension
contributions –
|
|
|
|
|
81/6
percent of maximum pay of –
|
|
|
|
|
|
Rs.
|
|
|
|
|
One
Inspector … … … …
|
300
|
|
|
|
|
One
Sub-Inspector … … …
|
160
|
|
|
|
|
One
Assistant Sub-Inspector … …
|
60
|
1,349
|
7
|
4
|
|
One
Head Constable … … …
|
45
|
|
|
|
|
Twenty-nine
Foot Constables … …
|
812
|
|
|
|
|
|
1,377
|
|
|
|
|
Conveyance
allowance for one Inspector at R.30 per mensem
|
360
|
0
|
0
|
|
Conveyance
allowance for one Sub-Inspector at Rs.30 per mensem … … … … … … …
|
360
|
0
|
0
|
|
Conveyance
allowance for one Assistant Sub-Inspector at Rs.15 per mensem … … … … … … …
|
180
|
0
|
0
|
|
Thirty
clothing allowances at Rs.15 each … … …
|
450
|
0
|
0
|
|
Thirty
equipment allowance at Rs.5 each … … …
|
150
|
0
|
0
|
|
Total … … …
|
16,505
|
12
|
1
|
Initial charges
|
|
Rs.
|
a.
|
p.
|
|
Uniform
allowance for one Inspector at Rs.200 … …
|
200
|
0
|
0
|
|
Uniform
allowance for one Sub-Inspector at Rs.200 … …
|
200
|
0
|
0
|
|
Uniform
allowance for one Assistant Sub-Inspector at Rs.200
|
200
|
0
|
0
|
|
Thirty
clothing allowances at Rs.15 each … … …
|
450
|
0
|
0
|
|
Thirty
equipment allowances at Rs.5 each … … …
|
150
|
0
|
0
|
|
Thirty
beds allowances at Rs.15 each … … … …
|
450
|
0
|
0
|
|
Total … …
|
1,650
|
0
|
0
|
|
Hutting
charges (initial or recurring as the case may be) …
|
400
|
0
|
0
|
|
Grand
Total … …
|
18,555
|
12
|
1
|
Note 1 – There will be the usual proportion (viz. 25 percent) of selection grade constables, these appointments
will be temporary.
Note 2 – Contingencies include
all charges for which no express provision is made, not excepting travelling
allowance, carriage of constabulary and rewards.
Note 3 – All upper subordinates
directly appointed or promoted from the rank of Head Constables are entitled to
free uniform, for which an initial grant of Rs.200 and subsequent yearly
allowance of Rs.25 will be credited to the Clothing Fund.
Cost for the second year
|
|
Rs.
|
a.
|
p.
|
|
One
Inspector at Rs.210 per mensem … … … …
|
2,520
|
0
|
0
|
|
On
Sub-Inspector at Rs.95 per mensem … … …
|
1140
|
0
|
0
|
|
One
Assistant Sub-Inspector at Rs.49 per mensem … …
|
588
|
0
|
0
|
|
One
Head Constable at Rs.35 per mensem … … …
|
420
|
0
|
0
|
|
Twenty-five
Foot Constables –
|
|
|
|
|
Six
Foot Constables at Rs.21 per mensem each …
|
1,512
|
0
|
0
|
|
Nineteen
Foot Constables at Rs.18 per mensem each…
|
4,104
|
0
|
0
|
|
Four
Foot Constables at Rs.18 per mensem each, i.e.
1/6th of the total number of Constables on account of contingency
reserve … … … … …
|
864
|
0
|
0
|
|
Total
pay of establishment
|
11,148
|
0
|
0
|
|
Contingencies
at 1/10th of pay of establishment … …
|
1,114
|
12
|
9
|
|
Leave
contributions –
|
|
|
|
|
121/2
percent of total average pay of establishment, i.e. 1/8th of total pay of establishment
|
1,393
|
8
|
0
|
|
Pension
contributions –
|
|
|
|
|
81/6
percent of maximum pay of –
|
|
|
|
|
|
Rs.
|
|
|
|
|
One
Inspector … … … …
|
300
|
|
|
|
|
One
Sub-Inspector … … …
|
160
|
|
|
|
|
One
Assistant Sub-Inspector … …
|
60
|
1,349
|
7
|
4
|
|
One
Head Constable … … …
|
45
|
|
|
|
|
Twenty-nine
Foot Constables … …
|
812
|
|
|
|
|
|
1,377
|
|
|
|
|
Conveyance
allowance for one Inspector at R.30 per mensem
|
360
|
0
|
0
|
|
Conveyance
allowance for one Sub-Inspector at Rs.30 per mensem … … … … … … …
|
360
|
0
|
0
|
|
Conveyance
allowance for one Assistant Sub-Inspector at Rs.15 per mensem … … … … … … …
|
180
|
0
|
0
|
|
Thirty
clothing allowances at Rs.15 each … … …
|
450
|
0
|
0
|
|
Thirty
equipment allowance at Rs.5 each … … …
|
150
|
0
|
0
|
|
Uniform
allowance for one Inspector … … … …
|
25
|
0
|
0
|
|
Uniform
allowance for one Sub-Inspector … … …
|
25
|
0
|
0
|
|
Uniform
allowance for one Assistant Sub-Inspector … …
|
25
|
0
|
0
|
|
Hutting
charges (if recurring) … … … … …
|
400
|
0
|
0
|
|
Total … … …
|
16,980
|
12
|
1
|
Note – The
strength of the force of Additional Police to the employed depends on
circumstances. The specimen scales given above are merely a guide to the cost
of the officers and men whom it is decided to employ.
APPENDIX
10.31(1)
The table below details the different classes of police income which should
be credited on relization to the heads shown in columns 2, 3 and 4
|
S.No.
of sub-head in col-4
|
No. and
name of Major Head
|
Minor
Head
|
Description
or detailed sub-head
|
Description
of income to be credited under the sub-head
|
|
1.
|
XXIII –
Police
|
Contribution
for Railway Police
|
…
|
…
|
|
|
|
Fees,
fines and forfeiture
|
…
|
Recoveries
under Section 41, Police Acr V of 1861.
Cost of
certificates of appointment
Copying
fee of departmental proceedings and records.
|
|
|
|
|
Recoveries
of over-payments. Collection of payments for services rendered:-
1. Fee for students from Indian
States admitted to the Police Training School, Phillaur.
|
Recoveries
on account of over-payments in previous years.
|
|
|
|
|
2. Contribution from Indian
States to be Finger Print Bureau.
|
|
|
|
|
|
3. Leave salary contribution of
officer lent of foreign services.
|
|
|
|
|
|
4. Contribution towards passages
of Government servants lent to other Governments.
|
Contribution
from other Governments for passage of Police Officers permanently borne on
Punjab cadre who are temporarily lent for service to Governments other than
Punjab Government shall be credited under this head.
|
|
|
|
|
5. Contribution towards passages
of Government servants lent on foreign service.
|
Contribution
from Indian States for passages of Police Officers lent for service in those
States shall be credited under this head
|
|
|
|
|
6. Contributions towards horse,
saddlery and uniform allowances of officers lent on foreign service.
|
Contributions
from Indian States for horse, Saddlery and uniform of officers lent for
service in those States shall be credited under this head.
|
|
|
|
|
7. Refunds allowed by Military
authorities for Ordnance Stores returned to Arsenals
|
…
|
|
|
|
|
8. Receipts on account of
Additional Police employed under sections 13, 14 and 15 of Police Act V of 1861.
|
Income
on account of –
1.
Additional
Police supplied to private persons (Rule 10-21)
2.
Additional
Police supplied to public departments (Rule 10-23)
3.
Additional
Police quartered in disturbed or dangerous area (Rule 10-24)
shall
be credited under this head except pension charges which shall be credited
under Receipt Major Head XLIV – Receipts-in-aid of Superannuation.
|
|
|
|
Miscellaneous
|
(1) Police Land Receipts
|
All
proceeds on account of sale of grass, wood fruit, vegetables, stable litter
and grain, grazing, fees, and rent of land leased for cultivation in each
district.
|
|
|
|
|
(2) Miscellaneous
|
Two
months’ pay in lieu of two months’ notice of resignation (Rule 14-11)
|
|
2.
|
XLV –
Stationery
|
Stationery
Receipts
|
Sale
proceeds of stationery
|
Sale
proceeds of English Stationery (such as olds scissors, pen knives, rulers,
etc., supplied by the Stationery Office, Calcutta.
|
|
3.
|
…
|
Sale of
Gazettes and other publications
|
Subscription
to English Gazettes
|
Subscription
to the Punjab Police Gazettes, English edition
|
|
4.
|
…
|
…
|
Subscription
to Urdu Gazettes
|
Subscription
to the Punjab Police Gazettes, Urdu edition.
|
|
5.
|
…
|
…
|
Advertisement
|
Rule
11-54
|
|
6.
|
…
|
…
|
Sale of
gazettes
|
Price
of either edition of the Punjab Police Gazettes sold or recovered from Police
Officers purchasing or losing them.
|
|
7.
|
…
|
…
|
Sale of
other publications
|
Price
of publications which may be authorised to be stoked for sale in Police
Offices.
|
|
8.
|
…
|
…
|
…
|
Sale
proceeds of Stationery boxes or other material in which English Stationery is
supplies from Stationery Office, Calcutta.
|
|
9.
|
XLVI –
Miscellaneous
|
Sale of
old stores and material
|
…
|
(a) Sale
proceeds of all Government Stores (other than articles of clothing or
equipment) such as Ordnance Stores, tents, articles of furniture, waste paper
and building material.
(b) Recoveries
on account of damages done to any of the above articles when money is not
spent on their renewal or repairs.
|
|
10.
|
Police
Deposit
|
…
|
Clothing
|
(a) Annual
Clothing allowances (Rule 10-113)
(b) Sale
proceeds of all articles belonging to, or purchased from, the Clothing Fund.
(c) Cost
of damage done to articles of the Clothing Fund, if not spent on the renewal
of, or repairs to, the articles (Rule 4-24).
|
|
11.
|
…
|
…
|
Equipment
|
(a) Annual
foot and mounted equipment allowances (Rule 10-113).
(b) Sale
proceeds of all articles belonging to foot or mounted equipment (Rule 10-113)
(c) Cost
of damage done to articles of foot or mounted equipment, if not spent on
renewal of, or repairs to, the articles (Rule 5-4)
|
|
12.
|
…
|
…
|
Estates
|
(a) Clothing
money and all cash balances held on behalf of estates of deceased, deserted
or lunatic Police Officers, and Chanda, if any, due to such officers (Rule
10-55)
|
|
13.
|
Excluded
Local (Police Remount) Fund
|
…
|
Chanda
|
(a) Chanda
money (Rules 7-11, 7-12)
(b) Chanda
subscriptions (Rule 7-10)
(c) Horse
or Camel allowances forfeited (Rule 7-12 et
seq.)
(d) Sale
proceeds of horses, camels, or their foals, or of their skins, etc. (Rule
7-22)
The
rules governing the procedure to be followed in regard to the Chanda Fund are
give in Chapters VII and X.
|
APPENDIX
10.63
TABLE A.
Rates of pay sanctioned for all ranks and grades in the police department
|
Post
|
Year of
service
|
Pay
|
Overseas
pay (if drawn in sterling)
|
Overseas
Pay (if drawn in rupees)
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
Rs.
|
£
|
Rs.
|
|
|
Inspector-General
|
..
|
2,500–125–3,000
|
13
|
6
|
8
|
…
|
The new
scale will apply to all officers at present serving in the rank of Deputy
Inspector-General except those who exercise the option of remaining on the
old scale.
|
|
Deputy
Inspector-General
|
…
|
1,950–50–2,100
|
13
|
6
|
8
|
…
|
|
Superintendents,
Selection Grade
|
…
|
1,450
|
30
|
0
|
0
|
300
|
|
Superintendents,
Time-Scale
|
6th
7th
|
650
675
|
15
15
|
0
0
|
0
0
|
150
150
|
|
|
8th
9th
10th
11th
12th
13th
14th
15th
16th
17th
|
700
725
750
800
825
850
900
925
950
1,000
|
15
25
25
25
25
25
25
30
30
30
|
0
0
0
0
0
0
0
0
0
0
|
0
0
0
0
0
0
0
0
0
0
|
|
|
Efficiency Bar
|
|
|
18th
19th
29th
21st
22nd
23rd
24th
25th
26th
|
1,050
1,050
1,100
1,100
1,150
1,200
1,250
1,300
1,350
|
30
30
30
30
30
30
30
30
30
|
0
0
0
0
0
0
0
0
0
|
0
0
0
0
0
0
0
0
0
|
300
300
300
300
300
300
300
300
300
|
|
|
+
Assistant Superintendent
|
1st
2nd
3rd
|
350
375
400*
|
|
…
…
…
|
|
100
100
100
|
*
Granted subject to the condition that he has passed all the departmental
examinations except Punjabi.
|
|
Post
|
Year of
service
|
Pay
|
Overseas
pay (if drawn in sterling)
|
Overseas
Pay (if drawn in rupees)
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
+
Assistant Superintendent Contd.
|
4th
|
425#
|
|
…
|
|
125
|
#Granted
subject to the condition that he has passed the Punjabi examination.
|
|
|
5th
6th
7th
8th
9th
|
450
475
500
525
550
|
15
15
15
15
25
|
0
0
0
0
0
|
0
0
0
0
0
|
150
150
150
150
250
|
|
|
Efficiency Bar
|
|
|
10th
11th
12th
13th
14th
15th
|
575
600
625
650
675
700
|
25
25
25
25
25
30
|
0
0
0
0
0
0
|
0
0
0
0
0
0
|
250
250
250
250
250
300
|
|
*Note (i) – An Assistant Superintendent of
Police with less than six years’ service who is appointed to officiate as a
Superintendent of Police is entitled to draw the minimum of the senior scale, i.e., Rs.650. An Assistant
Superintendent of Police with six years or more than six years service who is
appointed to officiate as Superintendent of Police is entitled to draw the pay
in the senior scale shown apposite the number of years’ service at his credit.
Note (ii) – Officers recruited up to and including 1925 shall, when
officiating in the senior scale during the first four years of their service,
draw overseas pay at the rate of Rs.150.
|
|
|
|
|
|
|
|
|
|
Deputy
Superintendent, Selection Grade
|
…
|
750
|
|
|
|
|
|
|
Deputy
Superintendent, Time-Scale
|
1st
2nd
(if
found
efficient)
3rd
4th
5th
6th
7th
8th
9th
10th
11th
12th
13th
|
 200
225
250
275
300
325
350
375
400
425
450
475
500
|
|
|
|
|
Probationary
period
|
|
Efficiency Bar
|
|
Deputy
Superintendent, Time-Scale Contd.
|
14th
15th
16th
17th
18th
19th
20th
21st
|
525
550
575
600
625
650
675
700
|
|
|
|
|
|
|
+
Prosecuting Deputy Superintendent
|
The scale applicable to other
Deputy Superintendents
|
Note
(1) – the initial pay of an officer promoted from the Provincial Police
Service to the Indian (Imperial) Police Service shall on each occasion of his
promotion be fixed on the inferior time scale of pay for the Indian (Imperial)
Police Service at the stage next above his existing pay in the Provincial
Police Service. As soon as he holds a superior post he shall rise to the
corresponding stage of the superior scale.
Note
(2) – When an officer of a Provincial Service is drawing pay in that
service is drawing pay in that service equal to or higher than the maximum of
the inferior Imperial Police time-scale and is promoted to a superior post in
the All-India Service, he shall be brought on the Superior time-scale at the
stage which is Rs.175 in excess of the pay he was drawing in the Provincial
Service, of if there is no such stage, then at the stage next above the total
of his pay in that service plus Rs.175 provided that no officer so promoted
form the Provincial Service shall draw more pay than that which and officer of the
All-India Service of the same number of years service would be entitled to
under the superior time-scale.
Note
(3) – On any enhancement of his Provincial Police Service pay (whether as
the result of general revision of the Provincial Police Service rates of pay,
or of the operation of the Provincial Police Service time-scale, or of
promotion to the Selection Grade of the Provincial Police Service) while
officiating in an All-India Service post such an officer shall be entitled to
have his pay on the All-India Service time-scale of pay recalculated in
accordance with the principles laid down in notes (1) and (2) above on the
basis of his enhanced pay in the Provincial Service, and with effect from the
date of such enhancement.
Note
(4) – Increments of pay on the All-India Service time-scale of pay shall be
granted to a Provincial Police Service officer holding an Indian (Imperial)
Police post only on completion of a full year’s service on any stage of that
scale, but for the purpose of calculating one year’s service at a given rage of
pay broken periods of officiating service at that rate of pay shall be taken
into account.
|
Post
|
Year of
service
|
Pay
|
Remarks
|
|
|
|
Rs.
|
|
|
European
Inspectors
India
Inspectors
Inspectors
and Sub-Inspectors on probation
|
… …
… …
… …
|
205 – 71/2
– 265 – 325
180 – 71/2
– 240 – 300
…
|
Rupees
100 and Rs.50 per mensem, respectively, while under training at the Police
Training School. On being posted to district Probationary Inspector will draw
Rs.130 per mensem until confirmed while Probationary Sub-Inspectors will draw
pay on the time-scale for Sub-Inspectors. The period of training at the
Police Training School and in districts during which they drew pay below the
minimum rte of the time-scale shall count of increment.
|
Note – As there
is an overlap between the rates of pay with allowance of Inspector and the
lower rates in the time-scale of the Provincial Service, officers admitted into
the Provincial Service by promotion, either officiating or substantive, are
placed in the time-scale of the latter in such a way as to give them a rate of
pay Rs.75 per mensem higher than the substantive pay of their last post in the
subordinate service. When this results in a sum intermediate between two rates
in the time scales, the next increment is reduced so as to bring the total up
to the next highest rate in that scale.
|
Post
|
Year of
Service
|
Pay
|
Remarks
|
|
|
|
Rs.
|
|
|
Sergeants … …
|
…
|
150 – 5
– 200
|
(Efficiency
Bar at Rs.175)
|
|
Sub-Inspectors
(Selection Grade)
|
…
|
130
140
150
160
|
4th
Grade
3rd
Grade
2nd
Grade
1st
Grade
|
|
Sub-Inspectors
(Time-Scale)
|
…
|
80 – 5
– 130
|
(Efficiency
Bar at Rs.110)
|
|
Assistant
Sub-Inspectors
|
…
|
55 – 21/2
– 75
|
(Efficiency
Bar at Rs.65)
|
|
Head
Constables …
|
…
|
35 – 1
– 50
|
(Efficiency
Bar at Rs.40 and 47)
|
|
Constables
(Selection Grade)
|
…
|
25 – 1/3
– 33
|
On
enlistment
|
|
Constables
(Time-Scale)
|
…
|
22
23
24
25
|
After 3
years service
After
10 years service
After
17 years service
|
|
(Ministerial
Establishment)
|
|
Clerks
In the offices of the
Inspector-General, the Deputy Inspectors-General and the Assistant Inspectors-General,
Government Railway Police
|
|
|
|
Rs.
|
|
|
Superintendent … …
|
…
|
350 –
20 – 450
|
|
|
Head
Assistant … …
|
…
|
250 –
10 – 350
|
|
|
Steno
Typist … …
|
…
|
150–10–200–10–300
|
(Efficiency
Bar at Rs.200)
|
|
Auditor … … …
|
…
|
150–5–180–10–250
|
|
|
Assistant
(Head Clerk) …
|
…
|
100–8–180–10–250
|
(Efficiency
Bar at Rs.180)
|
|
Senior
Clerks … …
|
…
|
75–5–100–5–150
|
(Efficiency
Bar at Rs.100)
|
|
Junior
Clerks … …
|
…
|
40–3–82–3–100
|
(Efficiency
Bar at Rs.82)
|
|
Munshis
|
…
|
30–11/2–60–2–70
|
(Efficiency
Bar at Rs.60)
|
|
Inferior Servants
|
|
|
|
|
Jamadar … …
|
…
|
18
|
|
|
Chaprasi … …
|
…
|
14
|
|
|
Daftri … … …
|
…
|
20 – 1/5
– 25
|
|
|
Manials
|
|
|
|
|
Bhishti … … …
|
…
|
12
|
Maximum
admissibler
|
|
Sweeper … …
|
…
|
12
|
Ditto
|
|
Khalasi … … …
|
…
|
13
|
Ditto
|
|
Mali … … …
|
…
|
13 – 16
|
Ditto
|
|
Cooks … … …
|
…
|
15
|
Ditto
|
APPENDIX
NO.10-63
Table b
allowances sanctioned for certain posts in the police department
(Note – The
allowances shown in column 2 are granted to such members only of the holder of
posts shown in column 1 as may be specifically authorised from time to time.)
|
1
|
2
|
3
|
|
Designation
of Post
|
Special
Pay
|
Remarks
|
|
|
Rs.
|
|
|
1.
|
Assistant
Inspector-General of Police, Punjab
|
200
|
|
|
2.
|
Assistant
Inspector General, Government Railway Police
|
200
|
|
|
3.
|
Superintendents
of Police, Criminal Investigation Department
|
150
|
|
|
4.
|
Senior
Superintendents of Police, Lahore
|
150
|
|
|
5.
|
Principal,
Police Training School, Phillaur
|
100
|
|
|
6.
|
Assistant
Inspector-General of Police, Criminal Tribes
|
150
|
|
|
7.
|
Assistant
Superintendent, Government Railway Police
|
100
|
|
|
8.
|
Assistant
Superintendent of Police, Dera Ghazi Khan (Commandant, Baluch Levy)
|
100
|
|
|
9.
|
Deputy
Superintendents of Police, Criminal Investigation Department
|
75
|
|
|
10.
|
Prosecuting
Deputy Superintendents of Police
|
75
|
|
|
11.
|
Deputy
Superintendents, Government Railway Police in charge of Sub-Divisions
|
50
|
|
|
12.
|
Inspector
attached to His Excellency the Viceroy’s Guard
|
75
|
|
|
13.
|
Prosecuting
Inspectors
|
50
|
|
|
14.
|
Inspectors,
Criminal Investigation Department
|
50
|
|
|
15.
|
Inspector,
Finger Print Bureau, Phillaur
|
50
|
|
|
16.
|
Reserve
Inspector at Police Training School, Phillaur
|
40
|
|
|
17.
|
Inspectors
in charge of Police Stations, City and Civil Lines, Lahore, Anarkali,
Naulakha, Amristar, Rawalpindi, Multan and Inspector Incharge C.I.A, Lahore
|
25
|
|
|
18.
|
Indian
Inspectors of Government Railway Police
|
25
|
|
|
19.
|
Inspectors
(Law Instructors) Police Training School, Phillaur
|
50
|
|
|
1
|
2
|
3
|
|
Designation
of Post
|
Special
Pay
|
Remarks
|
|
|
Rs.
|
|
|
20.
|
Traffic
Inspector, Rawalpindi, for performing the duties of official examiner for
motor vehicles exported to Kashmir
|
15
|
To be
paid from Central Revenue under the head-Punjab-C-Land Customs-C-2-Pay of
Establishment
|
|
21.
|
Sergeants,
Government Railway Police
|
 15
|
For
officers appointed before 1st August 1932
|
|
22.
|
Sergeants,
District Police
|
15
|
|
23.
|
Prosecuting
Sub-Inspectors
|
30
|
|
|
24.
|
Sub-Inspectors,
Criminal Investigation Department
|
30
|
|
|
25.
|
Urdu
Shorthand Writers (Sub-Inspectors, Criminal Investigation Department)
|
30
|
|
|
26.
|
Sub-Inspectors,
Central Intelligence Agency (Government Railway Police)
|
20
|
|
|
27.
|
Inspector
in charge, Lahore, Central Intelligence Agency and modus operandi staff
|
25
|
|
|
28.
|
Sub-Inspectors
(Law Instructors), Police Training School, Phillaur
|
30
|
|
|
29.
|
Sub-Inspectors,
Finger Print Bureau, Phillaur
|
15
|
|
|
30.
|
Head
Constables of the Criminal Investigation Department
|
7
|
|
|
31.
|
Literate
English allowance for Head Constables of the Government Railway Police
|
6
|
|
|
32.
|
Head
Constables employed as Police Signaller in Attock and Mianwali Districts
|
5
|
|
|
33.
|
Head
Constables employed on traffic duty
|
3
|
|
|
34.
|
Armourers
(Constables) in District and Railway Police Lines
|
20
|
|
|
35.
|
Assistant
Armourers (Constables) in District and Railway Police Lines
|
10
|
|
|
36.
|
Constables
employed on traffic duty
|
3
|
|
|
37.
|
Constables
of the Criminal Investigation Department
|
3
|
|
|
38.
|
Constables
of the Government Railway Police who have passed a special test in English
and law. (Number of allowances limited to 200)
|
3
|
|
|
39.
|
Foot
Constables employed as Police Signallers in the Attock and Mianwali Districts
|
3
|
|
|
40.
|
All
Constables of the Railway Polce
|
1
|
Enlisted
before 29th May 1936
|
|
41.
|
Officers
employed as Urdu typists in offices of Superintendents of Police
|
|
|
|
1
|
2
|
3
|
|
Designation
of Post
|
Special
Pay
|
Remarks
|
|
|
Rs.
|
|
|
42.
|
For
enrolled police officers employed on
clerical staff in the English Offices of Superintendent of Police:-
Head
Clerk … … … …
Accountant … … … …
Assistant
Clerk … … … …
Typist … … … … …
Bill
Clerk … … … …
Assistant
Accountant … … …
Head
Proficient, Finger Prints … …
Special pay admissible to clerks
|
30
30
20
20
10
10
10
|
|
|
43.
|
Head
Clerks of the Offices of the Range Deputy Inspectors-General of Police and
the Assistant Inspector-Genera, Government Railway Police
|
30
|
|
|
Designation
of Post
|
Compens-atory
allowance
|
Remarks
|
|
|
Rs.
|
|
|
1.
|
Superintendent
of Police, Rawalpindi
|
100
|
|
|
2.
|
Superintendent
of Police, Dera Ghazi Khan
|
100
|
Baluchi
language allowance
|
|
3.
|
Two
Assistant Superintendents of Police, Lahore
|
100
|
|
|
4.
|
Assistant
Superintendent of Police, Dera Ghazi Khan (Commandant, Baluch Levy)
|
100
|
Balochi
language allowance
|
|
5.
|
Deputy
Superintendent of Police, in charge of Lahore Headquarter Police Stations
|
50
|
|
|
6.
|
Inspectors
in Simra District
|
50
|
|
|
7.
|
Inspectors
employed permanently or temporarily at Dalhousie hill station
|
45
|
|
|
8.
|
Inspectors
employed permanently or temporarily at Dharamsala and Kullu Sub-Division
|
25
|
|
|
9.
|
(Deleted)
|
|
|
|
10.
|
Sergeants
in Simla Railway and District Police
|
35
|
|
|
11.
|
Sergeants
from Delhi Province deputed to Simla District every year
|
35
|
|
|
12.
|
Sergeants
employed permanently or temporarily at Murree, Kassauli and Dalhousie hill
stations
|
35
|
|
|
13.
|
Sergeants
employed permanently or temporarily ath Dharamsala and Kullu Sub-Division
|
20
|
|
|
Designation
of Post
|
Compens-
atory allowance
|
Remarks
|
|
|
Rs.
|
|
|
14.
|
Sergeants
employed during summer on traffic control duty on the Dalhousie-Pathankote
road with headquarters at Dunera
|
25
|
|
|
15.
|
Sub-Inspectors
in Simla District
|
30
|
|
|
16.
|
Sub-Inspector
in charge Murree Police Station
|
30
|
For
inspection of ponies. To be paid from Murree Cantonment Funds
|
|
17.
|
Sub-Inspectors
employed permanently or temporarily at Murree, Kasuli and Dalhousie hill
stations
|
25
|
|
|
18.
|
Sub-Inspectors
employe at Koti Police Staation in the Rawalpindi District
|
25
|
|
|
19.
|
Sub-Inspectors
employed permanently or temporarily at Dharamsala and Kulu Sub-Division
|
15
|
|
|
20.
|
Sub-Inspectors
attached to Viceroy’s Guard, Simla
|
20
|
In
addition to Rs.30 Simla allowance
|
|
21.
|
(Deleted)
|
|
|
|
22.
|
All
Assistant Sub-Inspectors in Simla District
|
18
|
|
|
22-A.
|
All
Assistant Sub-Inspectors serving whether permanently or temporarily at
Murree, Kasauli and Dalhousie
|
12
|
|
|
22-B.
|
All
Assistant Sub-Inspectors serving whether permanently or temporarily at
Dhramsala and Kulu Sub-Division
|
8
|
|
|
22-C.
|
Assistant
Sub-Inspector in charge Kotly Police Station in the Rawalpindi district
|
12
|
|
|
23.
|
All
Head Constable in Simla district
|
12
|
|
|
24.
|
Head
Constables, Railway Police, at Simla
|
12
|
|
|
25.
|
Head
Constables of the Criminal Investigation Department posted to the Simla
Railway Station during summer months
|
12
|
|
|
26.
|
Head
Constables from each of the districts of Lahore, Ambala, and Amritsar deputed
every year to Simla for detective duty during the summer
|
12
|
|
|
27.
|
Trans-Indus
allowance for Head Constables of Dera Ghazi Khan District and Mianwali
District
|
5
|
|
|
28.
|
Head
Constables employed permanently or temporarily at Murree, Kasauli and
Dalhousie hill stations
|
8
|
|
|
29.
|
Head
Constables employed at Kotli Police Station and Karor Police Post in the
Rawalpindi District
|
8
|
|
|
30.
|
The
Head Constables posted at Balun, Dunera and Chakki in the Gurdaspur District
to control traffic on the Dalhousie-Pathankot Road during summer
|
8
|
|
|
|
|
|
|
|
Designation
of Post
|
Compens-
atory allowance
|
Remarks
|
|
|
Rs.
|
|
|
31.
|
Head
Constables employed permanently or temporarily at Dharamsala and Kulu
Sub-Division
|
7
|
|
|
32.
|
Head
Constable of the Government Railway Police Post at Jogindar Nagar
|
7
|
|
|
33.
|
Head
Constables of the Simla District attached to His Excellency the Viceroy’s
Guard
|
8
|
|
|
34.
|
Head
Constables, Amristar District stationed at headquarters
|
5
|
|
|
35.
|
Head
Constables, Lahore District stationed at headquarters
|
5
|
|
|
36.
|
Head
Constables of the Criminal Investigation Department stationed at Lahore
|
5
|
|
|
37.
|
Head
Constables employed at Rawalpindi
|
4
|
|
|
38.
|
Constables
of the Simla District
|
6
|
|
|
39.
|
Constables
of the Railway Police at Simla
|
8
|
|
|
39-A.
|
Two
foot constables of the Government Railway Police posted at Reti Railway
Station on the border of the Punjab and Sindh for the purpose of checking
seals on wagons and patrolling
|
3
|
Each
|
|
40.
|
Two
Constables from each of the districts, Lahore, Ambala and Amristar deputed to
Simla every year for detective duties
|
8
|
|
|
41.
|
Constables
stationed at headquarters of Lahore and Amritsar
|
5
|
|
|
42.
|
Constables
of the Criminal Investigation Department stationed at Lahore
|
5
|
|
|
43.
|
Constables
employed permanently or temporarily at Murree, Kasauli and Dalhousie hill
stations
|
5
|
|
|
44.
|
Constables
employed at Kotli Police Station and Karor Police Post in the Rawalpindi
|
5
|
In
addition to Rs.6 Simla allowance
|
|
45.
|
Constables
attached to His Excellency the Viceroy’s Guard
|
5
|
|
|
46.
|
Trans-Indus
allowance for constables of Dera Ghzai Khan District and of Mianwali District
|
4
|
|
|
47.
|
Foot
constables posted at Balun, Dunera and chakki in the Gurdaspur District to
control traffic on the Dalhousie-Pathankot Road during summer
|
5
|
|
|
48.
|
All
constables employed at Rawalpindi
|
4
|
|
|
49.
|
Constables
employed permanently or temporarily at Dharamsala and Kulu Sub-Division
|
3
|
|
|
50.
|
Foot
constables of the Government Railway Police Post at Jogindar Nagar
|
3
|
|
|
50-A
|
All
Constables of the Railway Police
|
1
|
Enlisted
after the 20th May 1936
|
|
Designation
of Post
|
Compens-
atory allowance
|
Remarks
|
|
|
Rs.
|
|
|
51.
|
Menials
and inferior servants serving at Rawalpindi, Sargodha, Layallpur, Lahore and
Amritsar on pay less than Rs. 20 where free quarters are not given
|
1
|
|
|
52.
|
Police
station clerks who are required to maintain the register of vital statistics
|
1
|
Drawn
in a separate bill and debitable to Major Head “37-Miscellaneous(Rule
10-62-A)
|
|
|
|
|
|
|
Compensatory allowances to
Clerks at the following localities
|
|
1.
|
Simla:-
|
|
|
|
|
Junior
Clerks in scales of Rs.30-11/2-60-2-70 and 40-2-90
|
|
At 331/2
percent of pay subject to a maximum of Rs.25
|
|
|
Clerks
in higher grades
|
|
At 30
percent of pay subject to a minimum Rs.25 and at maximum of Rs.75
|
|
2.
|
Dharamsala:-
|
|
|
|
|
All
Clerks
|
|
121/2
percent of pay subject to a minimum Rs.10 and at maximum of Rs.25
|
|
Clerks
drawing:-
|
|
|
|
3.
|
 Lahore
|
Rs.97
or less Rs.3
Rs.98
or less Rs.2
Rs.99
or less Rs.1
Rs.100
or less Nil
|
|
|
Layallpur
|
|
|
Sargodha
|
|
|
Rawalpindi
|
|
|
Amritsar
|
|
|
|
|
|
Appendix
no. 10.111 (1)
statement
showing expenditure under various secondary units subordinae to primary units
major head – 29 – police
|
1
|
2
|
3
|
4
|
5
|
|
Serial
No.
|
Minor
Head
|
Primary
Units
|
Secondary
Units
|
Description
of charges
|
|
1.
|
A –
Superintendence
B-1.
District Executive Force
I.
District
Executive Force proper
II.
Police
emplyed nder secontions 13, 14 and 15 of Police Act V of 1861
C. –
Police Trining School, Phillaur
E. –
Railway Police
F. –
Criminal Investigation Department
|
Travelling
Allowance
|
(1)
Conveyance Allowance
(2)
Travelling Allowance
|
Drawing
in salary billd (rules 10-84 and 10-96).
Drawing
in travelling allowance bills (rule 10-160).
Note –
Conveyance and other travelling allowance of Imperial Police officers should
be treated as “Non-voted” expenditure and should be shown in registers and
returns separately in read ink.
|
|
2.
|
Ditto
|
Other
Allowances and Honoraria
|
(1)
Rewards to Police Officers.
(2)
Grants to Imperial Service Police Officers for Uniform, horse and saddlery.
(3)
Grants to Provincial Service Police Officers uniform, horse and saddlery.
|
Drawn
in abstract contingent bills “C Class” – See also rule 15-7.
Drawn
in abstract contingent bills “C class”. This expenditure is treated as
Non-voted.
Drawn
in abstract contingent bills “C class”.
|
|
2.
Contd
|
A –
Superintendence
B-1.
District Executive Force
III.
District
Executive Force proper
IV. Police emplyed nder secontions 13, 14 and 15 of Police Act V of 1861
C. –
Police Trining School, Phillaur
E. –
Railway Police
F. –
Criminal Investigation Department
Contd
|
Other
Allowances and Honoraria
Contd
|
(4)
Cost of Railway Warrants.
(5)
Carriage of Constabulary.
(6)
Rewards for proficiency in oriental language.
(7)
Hill Journey and Hill Allowance
(8)
Compensatory and other Allowances –
(i)
Compensatory allowance for gazetted and non-gazetted officer including local
allowance.
(ii)
House rent allowance for officer and men.
(iii)Grain
compensation allowance.
(9)
Allowances to recipients of King’s Police Medal (effective service).
(10)
Allowances to recipients of Indian Police Medal (effective service).
(11)
Cost of passages granted under Superior Civil Service Rules of 1924.
(12)
Other allowances such as allowances to police, zaildar (Rule 12-24(1)) and
fees payable to the Examiner of questioned documents.
|
The
cost of Railway Warrants issued by the Police Department will be debited to
this head and the allotment to meet these charges will be a provincial one.
It will not be distributed to district – See rule 10-117.
All
charges on account of carriage of police which are not drawn by travelling
allowance bills.
Drawn
in abstract contingent bills “C class”.
For
office of Inspector-General and Criminal Investigation Department only – Non
voted expenditure should be shown separately in red ink.
Drawn
in separate pay bill form. Compensatory allowance for Imperial Service
Officers is treated as Non-voted.
|
|
3.
|
A –
Superintendence
B-1.
District Executive Force
V.
District
Executive Force proper
VI. Police emplyed nder secontions 13, 14 and 15 of Police Act V of 1861
C. –
Police Trining School, Phillaur
E. –
Railway Police
F. –
Criminal Investigation Department
|
Supplies
and Services
|
(1)
Rewards to private persons.
(2)
Clothing.
(3)
Equipment.
(4)
Ordnance Stores.
(5)
Traction of prison vans.
(6)
Purchase and repair of gymnastic apparatus.
(7)
Other Supplies and Services
(8)
Allowances to recipients of King’s Police Medal(non-effective service).
(9)
Allowance to holders of Indian Police Medal (non-effective service).
|
See rules
15-5 and 15-9
See rule 1-113
See rule 10-113
Charges are adjusted b the Accountant-General
against the provincial allotment under this head.
Charges are drawin in abstract contingent bills “C-1
class”.
Ditto
Ditto
Ditto
Ditto
|
|
4.
|
Ditto
|
Contingencies
|
A. –
Contract –
(1)
Repairs to arms, tents and accoutrements –
(a)
Petty repairs to arms and tents.
(b)
Carriage of arms, tents and accoutrements.
(c)
Purchase and repairs of furniture.
(d)
Purchase and repair of tents.
(e)
Repairs of bicycles.
(f)
Cost of petrol etc., for mobile petrol lories.
|
(1)
Arms –
Repairs carried out by the Ordnance Department are not chargeable to this
unit.
(2)
Tents –
Repairs carried out by the jails and adjusted by the Inspector-General.
(3)
Petty
repairs to arms and tents carried out locally and carriage of arms, tents and
accoutrements are chargeable to this unit.
All
furniture, whether it belongs to office, police stations, police rest houses,
police lines, camp furniture. Articles of European manufacturers cannot be
purchased without the sanction of the Inspecotr-General
Charge
on this account are incurred by the Inspector-General
|
|
4.
Contd
|
A –
Superintendence
B-1.
District Executive Force
VII.
District
Executive Force proper
VIII.
Police
emplyed nder secontions 13, 14 and 15 of Police Act V of 1861
C. –
Police Trining School, Phillaur
E. –
Railway Police
F. –
Criminal Investigation Department
Contd.
|
Contingencies
Contd
|
(2)
Service postage and telegram charges.
(3) Hot
and cold weather charges.
(4)
Tour charges
(5)
Miscellaneous
|
Service stamps –
Service stamps shall be obtained from the treasury by a bill in special form,
– vide Article 98, Civil Account Code. The account of
this sub-head shall be kept in a separate register, – vide rule 11-33.
All charges for hot weather establishment, such
as punkha pullers, punkhas, ropes, fringes, tatties, wood, coal.
See Rule 10-118.
All articles for which no sub-head has been
assigned such as the following:-
(1)
Materials
and all charges for book-binding whether executed at jails or in local
market.
(2)
Postal
commission on money orders.
(3)
Country
scales and weights to be purchased from bazaar or from Postal Workshop,
Aligarh.
(4)
Cost of
rubber stamps, brass seals, etc., obtainable from Controller of Stationery,
Calcutta, under the conditions prescribed in paragraph 91, Punjab Financial
Hand Book No.4.
(5)
Carriage
of all old record of Police Stations brought to headquarters for destruction.
(6)
Cloth
for bastas, character rolls of commendations, and for despatching Urdu
files, or for dusters.
(7)
Lac or
sealing wax for Urdu office.
(8)
Notice
or sign-boards.
(9)
Lamps,
chimneys, lanterns, candles and oil for lighting and electric current.
(10) Padlocks.
(11) Bags for dak, or for waste papers, etc.
(12) Measuring taps and standards for results, appliances for F.P records.
(13) Gongs, clocks and their appliances.
(14) Photographs.
|
|
4.
Contd
|
A –
Superintendence
B-1.
District Executive Force
IX. District Executive Force proper
X.
Police
emplyed nder secontions 13, 14 and 15 of Police Act V of 1861
C. –
Police Trining School, Phillaur
E. –
Railway Police
F. –
Criminal Investigation Department
Contd.
|
Contingencies
Contd
|
(5)
Miscellaneous
Contd
C. –
Audited
(1)
Rents, Rates and Taxes
|
(15) Phenyl and other disinfecting medicines.
(16) Mousetraps, rat poison, or composition or
appliances for preserving records.
(17) Trays, paper baskets, etc., for office.
(18) Collie fee for delivery of canal telegraph
messages.
(19) Special diet for sick policemen in hospital.
(20) Photographic charges payable to the Examiner
of questioned documents.
(21) Allowance to sweepers and bhishties for
dusting office and supplying water to office hands, – vide rule 15, Appendix 5, Civil Account Code.
(22) Fixed allowances :-
(a) for the purchase of country pens, ink, twine,
glue, paste, etc.
(b) for the purchase of oil for lighting purposes.
They are drawn on pay bill form.
Rents – Fro buildings or
land for official use. A certificate as prescribed in rule 3-15 is required
in support of the first charge in each year, See rule 1 of Appendix 5,
Civil Account Code.
Rates and Taxes –
The following are debitable to this sub-head:-
(a) Municipal and Cantonment taxes on account of
water supply and conservancy.
(b) All taxes chargeable on official
non-residential buildings and land, other than land administered from Police
Lands Funds. Charges on this account should be supported by a certificate
from the Executive Engineer concerned as required by paragraph 22(e) Appendix 5, Civil Account Code, either
accepting the assessment or stating that all legal means have been or are
being taken to have excessive assessments reduced.
|
|
4.
Contd
|
A –
Superintendence
B-1.
District Executive Force
XI. District Executive Force proper
XII.
Police
emplyed nder secontions 13, 14 and 15 of Police Act V of 1861
C. –
Police Trining School, Phillaur
E. –
Railway Police
F. –
Criminal Investigation Department
Contd.
|
Contingencies
Contd
|
C. –
Audited
Contd
(2)
Telephone charges
(3)
Cost of books and periodicals.
(4) Pay
of menials
(5)
Allowance to cattle pound sweepers for sweeping police stations.
(6) Stationery
purchased in country.
(7)
Carriage of stolen property of under-trial prisoners.
(8)
Petty construction and repairs to buildings.
(9)
Liveries to peons
(10)
Liveries to peons
|
All charges connected with telephones are
adjusted by book transfer.
1. No book or periodical can be purchased at
the public expense without the previous sanction of the Deputy
Inspector-General, except as provided below.
2. The following books may be purchased without
sanction:-
(a) An Urdu almanac, annually, costing not more
than two annas a copy for each police office and police station.
(b) A copy of the North-Western Railway Guide, of
the Postal and Telegraph Guide, Public and State abbreviated addresses and of
an almanac may be purchased direct by each Deputy Inspector-General and
Superintendent when such purchase is necessary.
Pay of sweepers, bhistis and other menial in
non-pension able service according to sanctioned scale.
Allowance for sweepers at police stations other
than that paid by local bodies.
Country paper, blank registers, country tape and
file boards to be purchased from jails, carriage of English and Urdu printed
forms, carriage of English stationery received from the Stationery Office.
Cost of articles purchased from jails shall be adjusted by book transfer.
Vide rule 3-15
|
|
4.
Contd
|
A –
Superintendence
B-1.
District Executive Force
XIII.
District
Executive Force proper
XIV.
Police
emplyed nder secontions 13, 14 and 15 of Police Act V of 1861
C. –
Police Trining School, Phillaur
E. –
Railway Police
F. –
Criminal Investigation Department
Contd.
|
Contingencies
Contd
|
C. –
Audited
Contd
(10) Liveries to peons
(11)
Feeding and keeping of animals of Police officers under suspension
(12)
Cost of survey maps
(13)
Liveries to peons
|
Charges of this nature, if sanctioned by the
Inspector-General, are paid by him from his undistributed allotment.
Rule 16-21(3).
Charges
on this account are incurred by the Inspector-General.
Charges
on this account are incurred by the Inspector-General.
|
|
5.
|
H. –
Miscellaneous Police Land Fund
|
(a)
Establishment
(b)
Contingencies
|
(a)
Establishment
(b)
Contingencies
|
Is drawn on abstract contingent bill “C class”.
Such as gardeners, bhistis, etc., for gardens. The scale should be sanctioned
by the Deputy Inspector-General. Expenditure on pay, tec., of this
establishment is treated as contingent expenditure.
Planting and watering trees and crops, the
keeping up of police gardens and the general improvement of police lands.
Utensils for use of langris for cooking purposes
at headquarters of districts. Vide serial No. 4 of paragraph 20-9, Book of
Financial Powers.
|
Appendix
no. 10.121 (a)
showing
the rates at which travelling allowance may be drawin by police officers under
the rules
|
Grade
as defined in rule 2-15, Punjab Financial Hand Book No.2, Volume III
|
Appointment
|
Rate of
Travelling allowance
|
Reference
to rules in Punjab Financial Hand Book No.2 Volume III
|
Remarks
|
|
Daily
allowance
|
Mileage
rate by road.
Note – Add 331/2
percent for journeys in hill tracts.
|
Class
for Railway or Steamer accommodtion except as provided in rule 2-19 of Punjab
Financial Hand Book No.2, Volume III
|
|
Plains
|
Hill
Tracts
|
Hill
tracts
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
|
|
Rs.
|
a.
|
p.
|
Rs.
|
a.
|
p.
|
Rs.
|
a.
|
p.
|
Rs.
|
a.
|
p.
|
|
|
|
|
I
|
Inspector-General
|
8
|
0
|
0
|
10
|
0
|
0
|
12
|
0
|
0
|
0
|
6
|
0
|
1-1/3
First
|
Rules
2-15 & 2-23
|
|
|
II
|
Deputy
Inspectors-General and Superintendents with pay exceeding Rs.999.
|
6
|
0
|
0
|
7
|
8
|
0
|
9
|
0
|
0
|
0
|
6
|
0
|
Ditto
|
Ditto
|
|
|
III
|
Superintendents
with pay from Rs.750 to Rs.999
|
5
|
0
|
0
|
6
|
4
|
0
|
7
|
8
|
0
|
0
|
6
|
0
|
Ditto
|
Ditto
|
|
|
|
Assistant
Superintendents with pay from Rs.350 to 700
|
5
|
0
|
0
|
6
|
4
|
0
|
7
|
8
|
0
|
0
|
6
|
0
|
Ditto
|
Ditto
|
|
|
|
Deputy
Superintendents with pay Rs.750
|
5
|
0
|
0
|
6
|
4
|
0
|
7
|
8
|
0
|
0
|
6
|
0
|
Ditto
|
Ditto
|
|
|
IV
|
Deputy
Superintendents with pay Rs.350 to 749
|
4
|
0
|
0
|
5
|
0
|
0
|
6
|
0
|
0
|
0
|
4
|
0
|
Ditto
|
Rules
2-15 & 2-23
|
|
|
V
|
Deputy
Superintendents with pay Rs.200 to 349
|
3
|
0
|
0
|
3
|
12
|
0
|
4
|
8
|
0
|
0
|
3
|
0
|
Ditto
|
Ditto
|
|
|
VI
|
Inspectors
with pay Rs.300
|
3
|
0
|
0
|
3
|
12
|
0
|
4
|
8
|
0
|
0
|
3
|
0
|
Ditto
|
Ditto
|
|
|
VII
|
Inspectors
with pay from Rs.220 to Rs.260 and Sergeants with pay Rs.200
|
2
|
8
|
0
|
3
|
2
|
0
|
3
|
12
|
0
|
0
|
3
|
0
|
Ditto
|
Ditto
|
|
|
VIII
|
Inspectors
with pay Rs.180 to Rs.219 and Sergeants with pay Rs.150 to Rs.199
|
2
|
0
|
0
|
2
|
8
|
0
|
3
|
0
|
0
|
0
|
2
|
3
|
Ditto
|
Ditto
|
|
|
|
Sub-Inspectors
with pay Rs.150 to Rs.199
|
2
|
0
|
0
|
2
|
8
|
0
|
3
|
0
|
0
|
0
|
2
|
3
|
1-1/2
Inter
|
Ditto
|
|
|
IX
|
Sub-Inspectors
with pay from Rs.100 to Rs.149
|
1
|
8
|
0
|
1
|
14
|
0
|
2
|
4
|
0
|
0
|
2
|
3
|
Ditto
|
Ditto
|
|
|
X
|
Sub-Inspectors
with pay from Rs.80 to Rs.99
|
1
|
0
|
0
|
1
|
4
|
0
|
1
|
8
|
0
|
0
|
1
|
6
|
Ditto
|
Ditto
|
|
|
|
Assistant
Sub-Inspectors with pay of Rs.50 or above.
|
1
|
0
|
0
|
1
|
4
|
0
|
1
|
8
|
0
|
0
|
1
|
6
|
Ditto
|
Ditto
|
|
|
XI
|
Assistant
Sub-Inspectors with pay of Rs.45 to Rs.49
|
0
|
10
|
0
|
1
|
0
|
0
|
1
|
4
|
0
|
0
|
1
|
6
|
Ditto
|
Ditto
|
|
|
|
Head
Constables with pay below Rs.50
|
0
|
10
|
0
|
1
|
0
|
0
|
1
|
4
|
0
|
0
|
1
|
6
|
Ditto
|
Ditto
|
|
|
XII
|
Constables
|
0
|
4
|
0
|
0
|
6
|
0
|
0
|
|
0
|
0
|
1
|
3
|
:Third
|
Ditto
|
|
Note – (1) Police
officers holding temporary posts will be in the same grade as those holding
permanent posts of a similar status.
(2)
Police officiating in a post will
be in the grade of the post in which they officiate. A Deputy Superintendent of
Police officiating as Superintendent is specially included in grade III.
(3)
Superintendents and Assistant
Superintendents of Police will, when travelling by rail, be entitled to
accommodation by first class irrespective of their pay.
(4)
Inspectors and European sergeants
of Police will, when travelling by rail, be entitled to accommodation by second
class irrespective of their pay.
(5)
Constables will receive 6 annas
as daily allowance, if they travel in more than one province.
(6)
Ordinary and Special Hill tracts
and defined in notes to Rules 2-20, Punjab Financial Hand Book No. 2,
Volume-II.
(7)
The Mileage allowance admissible
to Government servants of grads V to IV for Journeys by road shall be 4 annas
per mile when the journey is performed by motor car and Re. 0-1-6 per mile when
the journey is performed by motor cycle. The mileage allowance admissible to
Government servants of grades V to IX for journeys performed by motor cycle
will be Re. 0-1-6 per mile. The nature of the conveyance used must be certified
on the travelling allowance bill presented for payment.
(8)
For the purpose of travelling
allowance “Pay” is as defined in Fundamental Rules, chapter-II.
(9)
Members of the Police clerical
cadre are entitled to travelling allowance of the grade to which they belong
under the above table according to their rate of pay, and subject to the
provisions of Appendices J and K of the travelling Allowance Rules.
(10)
Police officers of grades II,
III, IV and V may draw enhanced daily allowance of Rs.9, Rs.7, Rs.6 and Rs.4
per diem, respectively for journeys and halts on tour in the plains, provided
that:-
(a) the conditions that
would entitle them to draw ordinary daily allowance are satisfied.
(b) the absence from
headquarters exceeds 72 hours.
(c) the enhanced daily
allowance is not drawn in addition to mileage allowance.
APPENDIX No. 10-121 (b)
SHOWING THE RATES AT WHICH POLICE
OFFICERS ARE ENTITLED TO DRAW TRAVELLING ALLOWANCE FOR JOURNEYS ON TRANSFER.
|
Serial No.
|
Appointment
|
BY RAIL
OR STEAMER:-
(RULE
2-84-1 PUNJAB FINANCIAL HAND BOOK No. 2, VOLUME-III.
|
Actual
cost of transporting, at owner’s risk, conveyances and horses.
|
BY ROAD
JURNEY:-
(RULE
2-81-1 PUNJAB FINANCIAL HAND BOOK No. 2, VOLUME-III).
|
For
journey by road within sphere of duty
|
|
For
himself
|
For
family
|
Personal
effect
|
For
himself
|
For
family
|
Personal
effects
|
|
If travelling alone
|
If accompanied by family
|
If travelling alone
|
If accompanied by family
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
|
1
|
Deputy
Inspector – General
|
3 fares
of the class to which he is entitled
|
One
fare for each adult member of his family and one half fare for each child
|
Mds 40
|
Mds 60
|
2H + 1
Ca. or 1 M. Ca, or M. C. or C.
|
Two
mileage allowances at the rate to which he is entitled
|
One
additional mileage allowance if two members and a second additional mileage
allowances if more than two members of his family accompany him.
|
Mds 40
|
Mds. 60
|
…
|
|
2
|
Superintendents
|
Ditto
|
Ditto
|
40
|
60
|
Ditto
|
Ditto
|
Ditto
|
40
|
60
|
…
|
|
3
|
Assistant
Superintendent
|
Ditto
|
Ditto
|
40
|
60
|
(M. C.
+ I H.) or 2H.
|
Ditto
|
Ditto
|
40
|
60
|
…
|
|
4.
|
Deputy
Superintendents
|
Ditto
|
Ditto
|
20
|
30
|
I. H. +
I Ca. or I. M. C. or I.C.
|
Ditto
|
Ditto
|
20
|
30
|
…
|
|
5
|
Inspectors
|
3 fares
of the class to which he is entitled
|
One
fare for each adult member of his family and one half fare for each child
|
20
|
30
|
I H. or
I. M. C.
|
Two
mileage allowances at the rate to which he is entitled
|
One
additional mileage allowance if two members and a second additional mileage
allowances if more than two members of his family accompany him.
|
20
|
30
|
Actual
cost of conveyance of 4 maunds of baggage, at rates to be laid down for each
district by the Deputy Inspector – General.
|
|
6
|
Sergeants
|
Ditto
|
Ditto
|
20
|
30
|
I H. or
I. M. C. or I. C
|
Ditto
|
Ditto
|
20
|
30
|
…
|
|
7
|
Sub-Inspectors
|
Ditto
|
Ditto
|
12
|
15
|
I H. or
I. M. C. or I. C.
|
Ditto
|
Ditto
|
12
|
15
|
2
maunds as above.
|
|
8
|
Assistant
Sub-Inspectors
|
Ditto
|
Ditto
|
12
|
15
|
I H. or
I. M. C.
|
Ditto
|
Ditto
|
12
|
15
|
Ditto
|
|
9
|
Head
Constables
|
Ditto
|
Ditto
|
12
|
15
|
…
|
Ditto
|
Ditto
|
12
|
15
|
I maund
as above.
|
|
|
|
|
|
|
|
|
(a)
Within the sphere of duty.
|
|
|
|
10
|
Constables
|
One
fares of 3rd class is travelling alone
|
Two
fares of 3rd class if accompanied by family
|
1-1/2
|
3
|
…
|
a)
Within the sphere of duty. Mileage allowance as if on tour Re.0-1-3 per mile.
|
Ditto
|
20 Srs.
|
…
|
…
|
|
|
|
|
|
|
|
|
(a)
Without the sphere of duty.
|
|
|
|
|
|
|
|
|
|
|
Mileage
allowance if travelling alone at Re.0-1-3
|
…
|
Mds 11/2
|
Mds.3
|
|
Notes – (1) “Mea” means
motor car; M. C. means motor cycle, including side-car; h means horse, Ca,
means carriage; C means ordinary cycle.
(2)
For valid reasons, when a Police officer
carries his personal effects by road between stations connected by rail or
steamer, he may draw actual expenses not exceeding the cost of their freight by
goods train or streamer up to the limits of weight prescribed above, or the
equivalent of the freight by goods train, if carried by passenger train.
(3)
The allowances is column 6 are subject to the
distance travelled exceeding 80 miles and to the appointment to which the officer
is travelling being one in which he is required by order of the Inspector –
General to keep a conveyance. They are not granted to an officer transferred to
a non-touring appointment.
(4)
In the case of a motor car, the cost of
transporting a chauffeur or cleaner, and for each horse the cost of
transporting one syce and one grass-cutter may be drawn.
(5)
If a Police officer takes his motor car or
motor cycle by road between stations connected by Railway he may in place of
the actual cost of transport drawn the amount which would have been charged by
the Railway for its transportation by rail, even though not actually carried by
that means. Horses, carriages and ordinary cycles must be actually carried by
the means, the rates for which are claimed.
(6)
The actual cost of transporting includes empty
haulage charge, if any is levied by the Railway authorities, for a covered
carriage or motor car truck if one is not available at the station of despatch
and has to be obtained from elsewhere.
(7)
The allowances in column 9 will be charged for
according to the schedule of prescribed means of transport and rates given in
Appendix H, Punjab Financial Hand Book No. 2, Volume III.
(8)
A member of an officer’s family who follows him
within six months or precedes him by not
more than one month is considered to accompany him for purposes of claim to the
above allowances. If such member travels to the officer’s new station from a
place other than his old station, either the actual fare for the journey taken
or the fare admissible for the journey from the old to the new station,
whichever is less, may be drawn.
(9)
When the condition is attached that the officer
must have touring duties, the conveyance allowance will not be granted when he
is transferred from a touring to a non-touring post.
FORM No. 10-5
Statement Of Expenditure For The Month
Of 19 .
District Executive Force.
|
Heads
of Account
|
Allotment
|
Expenditure
|
Balance
available for expenditure
|
Remakrs
|
|
Original
|
Increase
|
Decrease
|
Total
|
During
the month
|
Up to
date
|
|
1. Pay of Officers, Non-voted
|
|
|
|
|
|
|
|
|
|
Superintendent
of Police … …
|
|
|
|
|
|
|
|
|
|
Assistant
Superintendent of Police …
|
|
|
|
|
|
|
|
|
|
Leave
salary … … … …
|
|
|
|
|
|
|
|
|
|
Total
pa of Officers, Non-voted …
|
|
|
|
|
|
|
|
|
|
2. Pay
of Officers, Voted
|
|
|
|
|
|
|
|
|
|
Superintendent
of Police … …
|
|
|
|
|
|
|
|
|
|
Deputy
Superintendent of Police …
|
|
|
|
|
|
|
|
|
|
Leave
salary … … … …
|
|
|
|
|
|
|
|
|
|
Total
pay of Officers, Voted … …
|
|
|
|
|
|
|
|
|
|
3. Pay
of Establishment
|
|
|
|
|
|
|
|
|
|
Inspectors
–
Pay … … … …
Leave salary … … …
|
|
|
|
|
|
|
|
|
|
Sergeants
–
Pay … … … …
Leave salary … … …
|
|
|
|
|
|
|
|
|
|
Sub-Inspectors
–
Pay … … … …
Leave salary … … …
|
|
|
|
|
|
|
|
|
|
Assistant
Sub-Inspectors –
Pay … … … …
Leave salary … … …
|
|
|
|
|
|
|
|
|
|
Lower
Subordinates –
Pay … … … …
Leave salary … … …
|
|
|
|
|
|
|
|
|
|
Total
pay of Establishment … …
|
|
|
|
|
|
|
|
|
|
4. Travelling
Allowance, Non-voted
|
|
|
|
|
|
|
|
|
|
Fixed
Conveyance Allowance … …
|
|
|
|
|
|
|
|
|
|
Travelling
Allowance … … …
|
|
|
|
|
|
|
|
|
|
Total
Travelling Allowance, Non-voted
|
|
|
|
|
|
|
|
|
|
5. Travelling
Allowance, Voted
|
|
|
|
|
|
|
|
|
|
Fixed
Conveyance Allowance … …
|
|
|
|
|
|
|
|
|
|
Travelling
Allowance … … …
|
|
|
|
|
|
|
|
|
|
Total
Travelling Allowance, Non-voted …
|
|
|
|
|
|
|
|
|
|
6. Other
Allowances and Honoraria, Non-Voted
|
|
|
|
|
|
|
|
|
|
Allowances
to Imperial Service Police Officers for uniform, horse and saddlery … …
|
|
|
|
|
|
|
|
|
|
Cost of
passages granted under the Superior Civil Service Rules, 1924 … …
|
|
|
|
|
|
|
|
|
|
Total
Other Allowance and Honoraria, Non-Voted … … … … …
|
|
|
|
|
|
|
|
|
|
7. Other
Allowance and Honoraria, Voted
|
|
|
|
|
|
|
|
|
|
1.
House rent allowance … … …
2.
Compensatory allowance … …
3.
Allowance to holders of King’s Police
4.
MedalsGrain Compensation Allwowance
5.
Rewards to Government Servants …
6.
Rewards to Police Zaildars …
|
|
|
|
|
|
|
|
|
|
7.
Rewards for proficiency in oriental languages
8.
Carriage of Constabulary … …
9.
Grant to Provincial Service Police Officers for uniform, horse and saddlery …
10.
Cost of Railway Warrants … …
|
|
|
|
|
|
|
|
|
|
Total
other Allowances and Honoraria, Voted
|
|
|
|
|
|
|
|
|
|
8. Supplies
and Services
|
|
|
|
|
|
|
|
|
|
1.
Clothing … … … …
2.
Equipment … … … …
3.
Purchase and repair of gymnastic apparatus
4.
Traction of prison Vans … …
5.
Rewards to private persons … …
6.
Other Supplies and Services … …
7.
Ordnance Stores … … …
|
|
|
|
|
|
|
|
|
|
Total
Supplies and Services … …
|
|
|
|
|
|
|
|
|
|
9. Contract
Contingencies
|
|
|
|
|
|
|
|
|
|
1.
Postage … … … …
2. Tour
charges … … … …
3.
Bearing charges … … …
4.
Repairs to arms and accoutrements …
5. Hot
and cold weather charges … …
6.
Fixed contingencies … … …
7.
Purchase and repair of tents … …
8.
Purchase and repair of furniture …
9.
Miscellaneous … … …
|
|
|
|
|
|
|
|
|
|
Total Contract contingencies … …
|
|
|
|
|
|
|
|
|
|
10. Audited
Contingencies
|
|
|
|
|
|
|
|
|
|
1.
Rents, rates and taxes … … …
2.
Telephone charges … … …
3. Cost
of books … … …
4. Cost
of survey maps … … …
|
|
|
|
|
|
|
|
|
|
5. Pay
of manials … … …
6.
Allowance to cattle pound sweepers for sweeping police stations … …
7.
Purchase and repair of typewriters …
8.
Purchase and repair of bicycles …
9.
Petty construction and repairs … …
10.
Stationery purchased in country …
11.
Feeding and keeping of animals of Mounted Police Officers under suspension …
12.
Other contingencies … … …
|
|
|
|
|
|
|
|
|
|
Total Audited Contingencies … …
|
|
|
|
|
|
|
|
|
|
11.
26-H– iscellaneous
|
|
|
|
|
|
|
|
|
|
Contingencies
– Improvement of Police Lands
|
|
|
|
|
|
|
|
|
|
12. 47–Miscellaneous
|
|
|
|
|
|
|
|
|
|
Departments(Transferred),
Registration of Vital Statistics
|
|
|
|
|
|
|
|
|
form no. 10-12
Police Department ___________________District
Memorandum showing the Receipt, expenditure, and balance of money in the
cash chest ____________________
|
1
|
2
|
3
|
4
|
5
|
6
|
|
Date of
entry with reference to General Cash Book
|
Description
of money
|
Receipt
|
Expenditure
|
Balance
|
Initial
of Officer
|
|
|
|
Rs.
|
a.
|
p.
|
Rs.
|
a.
|
p.
|
Rs.
|
a.
|
p.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(To be
hand drawn)
Form no.
10-14(1)
|
Received
from
|
|
Received
from
|
|
|
|
|
|
The sum
of Rupees
|
|
The sum
of Rupees
|
|
|
|
|
|
on
account of
|
|
on
account of
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(Bilingual
Form)
|
Date
|
|
|
Superintendent
of Police
|
|
The
|
|
19 .
|
|
|
|
|
|
form no.
10-17
District_________________
Police Department 
Police Station_______________
No.___________
Lines
Office________________
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
Name of
prisoner and parentage and offence of which accused by the Police with number
of charge sheet
|
Date
and time of despatch
|
Date
and time of arrival at destination
|
Description
of money or other property sent, with number and weight of each article
|
Amount
of diet money depended on account of prisoners and witnesses
|
Signature
of receiving officer
|
Remarks
(including reference to cash book or corresponding entry)
|
|
|
|
|
|
Rs.
|
a.
|
p.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Date
|
|
|
|
Signature
of official remitting the money or property, etc.
|
|
The
|
|
19 .
|
|
|
|
|
|
|
|
Form no.
10-20(1)
police
departemtn _________district.
chanda fund subscription register for the year.
|
Serial No.
|
Name of
subscriber
|
Rat3e of sub-scription
|
Payments For
|
|
april
|
may
|
june
|
july
|
august
|
september
|
october
|
november
|
december
|
january
|
ferberary
|
march
|
remarks
|
|
|
|
Rs.
a. p.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM
No.10-20(2)
|
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
|
FORM
No.10-20(2)
|
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
|
|
|
|
CHALAN FOR REMITTANCE OF CHANDA MONEY TO THE
TREASURY
original.
for the Inspector General’s (Office)
_________Treasury. dated _________19 .
|
by whom brought
|
On what account
|
Name of subscr-iber
|
amoutn
|
remakr
|
|
|
|
|
Rs.
|
a.
|
p.
|
|
|
|
|
|
Total in words
Cash received.
examined and entered.
Accountant
Treasurer.
Treasury Officer
|
CHALAN FOR REMITTANCE OF CHANDA MONEY TO THE
TREASURY
original.
for the Inspector General’s (Office)
_________Treasury. dated _________19 .
|
by whom brought
|
On what account
|
Name of subscr-iber
|
amoutn
|
remakr
|
|
|
|
|
Rs.
|
a.
|
p.
|
|
|
|
|
|
Total in words
Cash received.
examined and entered.
Accountant
Treasurer.
Treasury Officer
|
CHALAN FOR REMITTANCE OF CHANDA
MONEY TO THE TREASURY
original.
for the Inspector General’s (Office)
_________Treasury. dated _________19 .
|
by whom brought
|
On what account
|
Name of subscr-iber
|
amoutn
|
remakr
|
|
|
|
|
Rs.
|
a.
|
p.
|
|
|
|
|
|
Total in words
Cash received.
examined and entered.
Accountant
Treasurer.
Treasury Officer
|
|
|
|
*( The name of each subscriber and the amount of
his subscription to be given on this form. And note to be added of any
vacancies or of mmen absent on leave or duty).
|
*
|
|
|
|
|
|
|
|
|
|
|
FORM No.10-21.
Bill No. _____________Of 195 .
The
___________________________________________________________________Dr.
to
the superintendent of police district
cr.
|
1
|
2
|
3
|
4
|
5
|
|
Date (and period) of supply
|
Number or quantity
|
Description of or of strenght
supplied
|
Rate
|
Amount.
|
|
|
|
|
Rs. a.
p
|
Rs.
a. p
|
|
|
|
|
|
|
Total Rupees
. . .
|
|
|
Note – A separate receipt will begivenon
adjustemnt of this bill.
|
 Dated ____________________________
|
(Standard Form)
|
Superintendent of Police
|
|
The _____________of ____________19 .
|
FORM
No.10-27(1) (a).
Police Department _________District.
Daily account of additional police for the month of
_________________________19 .
|
1
|
2
|
3
|
4
|
5
|
6
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
Date
|
Order Book No.
|
Treasury Receipt No.
|
Detail of Receipt
|
amount
|
Daily Total
|
Date
|
Order Book No.
|
Treasury Receipt No.
|
Detail of Expenditur.
|
amount
|
Daily Total
|
|
|
|
|
|
Rs
|
|
p
|
Rs
|
a.
|
p.
|
|
|
|
|
|
Rs
|
a
|
p
|
Rs
|
|
p.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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|
FORM
No.10-27(2)
Police Department _________District.
ADDITIONAL POLICE ACCOUNT LEDGER.
|
Name of Additional Police
_______________________________
Gazette Notification (No.
and date)__________________Total Cost
Period _____________From
__________________To___________
|
Pay______________________________________________
Contingencies (including,
Equipment and other allowances._____________
Pensionary
Charges_________________________________
Total_____________________________________________
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
Date of entry in
Cash Book.
|
Receipts.
|
Expenditure
|
Balance
difference between total lost expenditure to date.
|
Details of Expenditure – Column 5.
|
Remarks
|
|
Recovered during
the month
|
Recovered up to
date
|
Balance
recoverable
|
Spent during the
month
|
Spent up to date
|
Pay
|
Contingencies
|
Pensionary
charges
|
|
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
|
Note – The Ledger shall be
totalled at the end of each month. Columns 3, 4, 6 and 7 shall be filled in at
the end of the month and not daily.
FORM
No.10-27(3)
Police Department 7 _________District.
MONTHLY STATEMENT OF RECEIPTS AND EXPENDITURE ADDITIONAL POLICE
FOR THE MONTH OF
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
Serial No.
|
Recovered during
the month
|
Station of Government
or other Authority
|
Receipts
|
Expenditure
|
Detail of
expenditure column (7).
|
Remarks
|
|
Notification No.
and date.
|
Period
|
Total Cost.
|
Recovered during
the month
|
Recovered up to
date
|
Balance
recoverable column 3 total cost, minus column (5).
|
Spend during the
month
|
Spend up to date
|
Available balance
for expenditure (column 3 total cost minus column 9).
|
Pay
|
Contingencies
|
Pensionary
charges
|
|
Rom
|
To.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Date
|
|
|
Superintendent
of Police
|
|
The
|
|
19 .
|
|
|
|
|
|
Police
Department _________District.
FORM No.10-28
INCOMOM RETURN
STATEMENT OF
REVENUE AND RECEIPTS CLAIMABLE, REALIZED AND CREDITED IN _________DUSTRICT FOR
THE MONTH OF _______19 .
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
|
Major head of
service
|
Minor and
detailed heads of receipts.
|
Budget estimate
for current year/
|
Actual
realisations during the same month last year.
|
Actual
realisations during the month now reported on.
|
Actual
realisations from commencement of year to close of the month last year
|
Actual
realisations from commencement of year to close of the month now reported on.
|
Anticipated
realisations for remainder of current year
|
Total present
estimate for current year (column 7 and 8 )
|
Explanation of
important difference between columns 4 and 5, 6 and 7 and 8 and 9.
|
|
|
|
1.
|
Contribution for Railway
Police.
|
|
|
|
|
|
|
|
|
2.
|
Fees, fines and forfeitures.
|
|
3.
|
Recoveries of over-payment.
|
|
4.
|
Collection of payments for
services rendered:-
(a) Fees
paid by Indian States on account of students deputed to Police Training
School.
(b) Contributions
by Indian States towards. Finger Print Bureau. Phillaur.
(c) Recoveries
of Leave Salary contribution of officers lent on foreign service.
(d) Contribution
for passages of Government servants lent on foreign service.
(e) Contribution
for passages of Government servants lent on foreign service.
(f) Recoveries
of contributions towards horse, saddlery and uniform allowances of officers,
lent on foreign service,.
(g) Receipts
on account of additional Police employed under sections 13 14 and 165 of
Police Act V, 1861.
(h) Other
items. . . .
|
|
5.
|
Miscellaneous: . . .
(a) Police Land
receipts . . .
(b)
Miscellanceous . . .
(i) (c)
Deduct – Refunds . . .
|
Notes – (1) Receipts under item 1 are adjusted
by book transfer by the Accountant General, Punjab.
(2) Item 2 – Fines are not imposed.
Income on account of copying fees and service card should be reported under
this head.
(3) Item 3 – The income under this head
represents recoveries on account of over-payment in previous year.
FORM No. 10.33 (I).
Police Department. _____________________
District.
VOUCHER No. ______________________
Month of ________________________
|
Head of appropriation Chargeable
|
|
|
(Translation in
Urdu)
__________________
____________________________________
____________________________________
____________________________________
|
Received this
_______________ day of _________ the sum of Rupees ___________
____________________________________
being the amount due to me
for __________
____________________________________
____________________________________
____________________________________
____________________________________
|
Rs.
…………………………………………
Dated ___________19
Claimant’s
Signature.
________________
FORM No. 10.39 (6).
Police Department ___________
District
MEMORANDA FOR
OBTAINING CHEQUES ON POLICE DEPOSIT.
ACCOUNTS FOR WHICH
MONEY IS REQUIRED.
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
Order Book No.
|
Voucher No.
|
Name and address
of payee
|
On what account
|
Amount to be paid
from sub-heads.
|
|
Clothing
|
Equipment
|
Total
|
|
|
|
|
Total Rs.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM No. 10.42 (I) A.
Police Department ___________
District
CASH DISTRIBUTION
REGISTER FOR THE FINANCIAL YEAR.
|
Serial No.
|
Description of
head, sub-head, & c., to which the money should be credited or the name
of office to whom the money should be paid
|
Description of
Bills, Cheques, & c.___________
|
|
|
By credit to XXIII-Police…
// credit to
Chanda Fund…
// credit to
Police Deposit..
//credit to
XLV-Stationery.
// M. O. through
treasury per
contra transfer.
// Remittance
Transfer Receipt
Service Labels
Total….
|
Rs. a. p.
|
Number of cash
order or cheque or signature of recipient
|
Rs. a. p.
|
Number of cash
order or cheque or signature of recipient
|
Rs. a. p.
|
Number of cash
order or cheque or signature of recipient
|
Rs. a. p.
|
Number of cash
order or cheque or signature of recipient
|
Rs. a. p.
|
Number of cash
order or cheque or signature of recipient
|
Remarks
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM No. 10.42 (I)
A. – concluded.
|
Serial No.
|
Description of
head, sub-head, & c., to which the money should be credited or the name
of office to whom the money should be paid
|
Description of
Bills, Cheques, & c.___________
|
|
|
Accountant .. ..
Lines Officer .. ..
Total….
Total…
No. of Cheque or Letters of
Credit .. ….
Total….
No. of Cheque or Letters of
Credit .. ….
|
Rs. a. p.
|
Number of cash
order or cheque or signature of recipient
|
Rs. a. p.
|
Number of cash
order or cheque or signature of recipient
|
Rs. a. p.
|
Number of cash
order or cheque or signature of recipient
|
Rs. a. p.
|
Number of cash
order or cheque or signature of recipient
|
Rs. a. p.
|
Number of cash
order or cheque or signature of recipient
|
Remarks
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total….
|
|
|
|
|
|
|
|
|
|
|
|
|
|
No. of Cheque or Letters of
Credit .. ….
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total….
|
|
|
|
|
|
|
|
|
|
|
|
|
|
No. of Cheque or Letters of
Credit .. ….
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total of amount remitted by
Letter of Credit or Cheque ….
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total amount of bill,
Cheque, &c.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Initial of Accountant with
date ………..
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Initial of Gazetted Officer,
with date ………..
|
|
|
|
|
|
|
|
|
|
|
|
FORM No.
10.42 (I) (B)
ADVICE
NOTE
From
Superintendent
of Police,
________________
District,
To
Sub-Inspector
of Police,
____________________
Dated 19, Despatch Register No.
__________________
1.
You are authorized to draw Rs.
As detailed below from the treasury at
2.
A letter of credit for the amount is forwarded
to
3.
This advice note should be signed and returned
by you as soon as you have drawn the money shown in it from the Teasury.
4.
Vouchers, etc., signed by the actual payees,
must be submitted by you immediately on disbursement.
|
On
account of
|
Amount
|
|
|
Rs. a.
p.
|
Superintendent of Police
* In the Railway
Police, the words “R. T. Receipt” shall be inserted for the words “letter of
credit”. This paragraph should be struck out, when no letter of credit is
forwarded.
FORM no. 10-48(1)
Page-1
Police Department ___________
District
CASH BOOK OF THE _____________ DISTRICT FOR THE
MONTH OF _________199
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
Date
|
No. of Order Book
|
No. of
|
Detail of
receipts
|
On account of –
|
Total
|
Daily Total
|
|
Treasury Receipt
|
Receipt Book
|
General Case Account
|
Clothing Fund
|
Equipment Fund
|
Additional Police Account
|
Departmental Revenues
|
|
|
|
|
|
|
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
|
May
|
1st
|
…
|
…
|
…
|
Balance brought forward
|
211-4-8
|
6,567-15-2
|
1,353-5-1
|
196-0-11
|
…
|
8,328-9-10
|
|
|
“
|
“
|
462
|
T. R.
25-26
|
…
|
By Salary Bill of Upper
Subordinates for April 1914:(net)
|
1,977-0-0
|
10-0-0
|
…
|
10-0-0
|
3-0-0
|
2,000-0-0
|
|
|
“
|
“
|
462
|
T. R.
25-26
|
…
|
By Salary Bill of Lower
Subordinates of April 1914:(net)
|
4,987-13-0
|
2-0-0
|
…
|
8-3-0
|
1-11-0
|
5,000-0-0
|
|
|
“
|
“
|
…
|
…
|
…
|
By Ditto (Arrears), January
to March 1914
|
300-0-0
|
…
|
…
|
…
|
…
|
300-0-0
|
|
|
“
|
“
|
…
|
…
|
…
|
By Travelling Allowance Bill
(No.2) for February and March 1914
|
200-0-0
|
…
|
…
|
…
|
…
|
200-0-0
|
|
|
“
|
“
|
468
|
T. R.
26
|
…
|
By Abstract Contingent Bill
(General), No.6
|
499-8-0
|
…
|
…
|
…
|
0-8-0
|
500-0-0
|
|
|
“
|
“
|
…
|
…
|
…
|
By Abstract Contingent Bill
(Petty Construction and Repairs), No.1
|
10-0-0
|
…
|
…
|
…
|
…
|
10-0-0
|
|
|
“
|
“
|
…
|
…
|
…
|
By Abstract Contingent Bill
(Stationery and Printing), No.3
|
10-0-0
|
…
|
…
|
…
|
…
|
10-0-0
|
|
|
“
|
“
|
…
|
T. R.
25
|
…
|
By Salary Bill of Additional
Police for April 1914
|
60-0-0
|
20-0-0
|
40-0-0
|
…
|
…
|
120-0-0
|
|
|
“
|
“
|
…
|
…
|
…
|
Allowances for Police
Lock-up Bhistis for April 1914
|
20-0-0
|
…
|
…
|
…
|
…
|
20-0-0
|
|
|
“
|
“
|
…
|
…
|
…
|
Allowances for cattle-pounds
for April 1914 (D.B. Cheque No. 3
4328 / 279 dated 30-4-1914
|
100-0-0
|
…
|
…
|
…
|
…
|
100-0-0
|
|
|
“
|
“
|
462
|
T. R.
26
|
…
|
From Mr. C.D.,
Superintendent of Police, subscription to Police Garden for April 1914
|
…
|
…
|
…
|
…
|
2-0-0
|
2-0-0
|
16,590-9-10
|
|
|
|
|
|
|
Carried over …
|
8,375-9-8
|
6,599-15-2
|
1,393-5-1
|
214-8-11
|
7-3-0
|
16,590-9-10
|
16,590-9-10
|
FORM no. 10-48(1)
Page-2
Police Department ___________
District
CASH BOOK OF THE _____________ DISTRICT FOR THE
MONTH OF _________199
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
Date
|
No. of Order Book
|
No. of
|
Detail of
receipts
|
On account of –
|
Total
|
Daily Total
|
|
No. of Voucher
|
General Case Account
|
Clothing Fund
|
Equipment Fund
|
Additional Police Account
|
Departmental Revenues
|
|
|
|
|
|
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
|
May
|
1st
|
480
|
…
|
Refund of railway fare to
Imam Din of Kaithal City
|
10-0-0
|
…
|
…
|
…
|
…
|
10-0-0
|
|
|
“
|
“
|
…
|
…
|
Disbursed salaries of Upper
subordinates as under:-
|
|
|
|
|
|
|
|
|
“
|
“
|
…
|
…
|
To Lines Officer (specially authorized
under rule 10-41(a)) in cash
|
519-0-0
|
…
|
…
|
…
|
…
|
…
|
|
|
“
|
“
|
…
|
…
|
To Sub Inspector by money order
|
200-0-0
|
…
|
…
|
…
|
…
|
…
|
|
|
“
|
“
|
…
|
…
|
To Sub-Inspector by money order
|
50-0-0
|
…
|
…
|
…
|
…
|
…
|
|
|
“
|
“
|
…
|
…
|
Remitted by R.T. Receipts
|
50-0-0
|
…
|
…
|
…
|
…
|
…
|
|
|
“
|
“
|
…
|
…
|
Remitted by Tahsil Orders
|
1,028-0-0
|
…
|
…
|
…
|
…
|
…
|
|
|
“
|
“
|
261
|
18
|
To Muhammad Din Leather
Contractor, Lahore, cost of 3 saddles recovered from Upper Subordinates
|
130-0-0
|
…
|
…
|
…
|
…
|
1,977-0-0
|
|
|
“
|
“
|
…
|
T. R.
26
|
Credited to XVII-Police on
account of subscription to Police Garden
|
…
|
…
|
…
|
…
|
3-0-0
|
3-0-0
|
|
|
“
|
“
|
…
|
…
|
Disbursed salaries of Lower
Sub-ordinates as under:-
|
|
|
|
|
|
|
|
|
“
|
“
|
…
|
…
|
To Lines Officer (specially
authorized under rule 10-41(a)) in cash
|
2,100-0-0
|
…
|
…
|
…
|
…
|
…
|
|
|
“
|
“
|
…
|
…
|
To Sub-Inspectors by money
order
|
150-13-0
|
…
|
…
|
…
|
…
|
…
|
|
|
“
|
“
|
…
|
…
|
To Sub-Inspectors by money
order
|
200-0-0
|
…
|
…
|
…
|
…
|
…
|
|
|
“
|
“
|
…
|
…
|
Remitted by R.T. Receipts
|
300-0-0
|
…
|
…
|
…
|
…
|
…
|
|
|
“
|
“
|
…
|
…
|
Remitted by Tahsil orders
|
2,230-10-0
|
…
|
…
|
…
|
…
|
…
|
|
|
“
|
“
|
462
|
19
|
To Parsa, shoemaker of city,
cost of a baton
|
0-6-0
|
…
|
…
|
…
|
…
|
…
|
|
|
“
|
“
|
…
|
T. R.
28
|
Credited to Chanda Fund
|
6-0-0
|
…
|
…
|
…
|
…
|
4,987-13-0
|
|
|
|
|
|
|
Carried over …
|
6,974-13-0
|
…
|
…
|
…
|
3-0-0
|
6,977-13-0
|
|
FORM no. 10-48(1)
Page-1
Police Department ___________
District
CASH BOOK OF THE _____________ DISTRICT FOR THE
MONTH OF _________199
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
Date
|
No. of Order Book
|
No. of
|
Detail of
receipts
|
On account of –
|
Total
|
Daily Total
|
|
Treasury Receipt
|
Receipt Book
|
General Case Account
|
Clothing Fund
|
Equipment Fund
|
Additional Police Account
|
Departmental Revenues
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
|
|
|
|
|
|
Brought forward
|
8,375-9-8
|
6599-15-2
|
1,393-5-1
|
214-8-11
|
7-3-0
|
16,590-9-10
|
16,590-9-10
|
|
May
|
8th
|
…
|
T. R.
29
|
28
|
Cash found in possession of
Constable No.171, Ruldu, deceased
|
…
|
…
|
…
|
10-15-3
|
…
|
10-15-3
|
10-15-3
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
“
|
15th
|
…
|
T. R.
30
|
29
|
From Mounted Constable
No.67, Salag Ram, price of a remount of the Chanda Fund sold to him
|
100-0-0
|
…
|
…
|
…
|
…
|
10-0-0
|
100-0-0
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
“
|
20th
|
…
|
…
|
30
|
Chanda for Mounded Constable
No.62, Gamun(retired Inspector-General’s Cheque No. 27385 / 205, dated
17-04-1914
|
100-1-0
|
…
|
…
|
…
|
…
|
100-1-0
|
100-1-0
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
“
|
25th
|
…
|
…
|
…
|
By Travelling Allowance Bill
No.3, April 1914
|
50-0-0
|
…
|
…
|
…
|
…
|
50-0-0
|
…
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
“
|
“
|
…
|
…
|
…
|
By Abstract Contingent Bill
(General), No.7
|
288-0-0
|
…
|
…
|
…
|
…
|
288-0-0
|
338-0-0
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Carried over …
|
8,319-10-8
|
6,599-15-2
|
1,393-5-1
|
255-8-2
|
7-3-0
|
17,139-10-1
|
17,139-10-1
|
FORM no. 10-48(1)
Page-2
Police Department ___________
District
CASH BOOK OF THE _____________ DISTRICT FOR THE
MONTH OF _________199
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
Date
|
No. of Order Book
|
No. of
|
Detail of
receipts
|
On account of –
|
Total
|
Daily Total
|
|
No. of Voucher
|
General Case Account
|
Clothing Fund
|
Equipment Fund
|
Additional Police Account
|
Departmental Revenues
|
|
|
|
|
|
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
|
|
|
|
|
Brought forward
|
6,974-13-0
|
…
|
…
|
…
|
3-0-0
|
6,977-13-0
|
|
|
May
|
1st
|
462
|
T. R.
26
|
Credited to XVII-Police,
subscription to Police garden
|
…
|
…
|
…
|
…
|
1-11-0
|
1-11-0
|
|
|
“
|
“
|
…
|
…
|
Desbursed “Arrears” of Lower
subordinates as under:-
|
|
|
|
|
|
|
|
|
“
|
“
|
…
|
…
|
To Lines Officer in cash
|
255-0-0
|
…
|
…
|
…
|
…
|
…
|
|
|
“
|
“
|
…
|
…
|
By Tahsil orders
|
45-0-0
|
…
|
…
|
…
|
…
|
300-0-0
|
|
|
“
|
“
|
…
|
…
|
Travelling Allowance, -vide
Bill NO.2 in Travelling Allowance Register
|
200-0-0
|
…
|
…
|
…
|
…
|
200-0-0
|
|
|
“
|
“
|
468
|
T. R.
26
|
Contingencies, - vide
Contingent Register, Part- I
|
499-8-0
|
…
|
…
|
…
|
0-8-0
|
500-0-0
|
|
|
“
|
“
|
…
|
…
|
Contingencies, - vide
Contingent Register, Part- II
|
10-0-0
|
…
|
…
|
…
|
…
|
10-0-0
|
|
|
“
|
“
|
…
|
…
|
Contingencies, - vide
Contingent Register, Part- III
|
10-0-0
|
…
|
…
|
…
|
…
|
10-0-0
|
|
|
“
|
“
|
…
|
…
|
Disbursed salaries of
punitive Police at Nariana for April 1914
|
57-0-0
|
…
|
…
|
…
|
…
|
…
|
|
|
“
|
“
|
…
|
20
|
House rent Rs.2 and fixed
allowance Rs.1
|
3-0-0
|
…
|
…
|
…
|
…
|
60-0-0
|
|
|
“
|
“
|
…
|
…
|
Disbursed – Lock-up,
Bhishties, Allowance, -vide Cash Distribution Register
|
20-0-0
|
…
|
…
|
…
|
…
|
20-0-0
|
|
|
“
|
“
|
…
|
…
|
Disbursed Cattle-pound
allowance, - vide Cash Distribution Register
|
100-0-0
|
…
|
…
|
…
|
…
|
100-0-0
|
|
|
“
|
“
|
462
|
T. E.
26
|
Credited into Treasury under
XVII-Police on account of Police garden subscription received from Mr. C.D.
Superintendent of Police
|
…
|
…
|
…
|
…
|
2-0-0
|
2-0-0
|
|
|
|
|
|
|
Carried over …
|
8,174-5-0
|
…
|
…
|
…
|
7-3-0
|
8,181-8-0
|
|
FORM no. 10-48(1)
Page-1
Police Department ___________
District
CASH BOOK OF THE _____________ DISTRICT FOR THE
MONTH OF _________199
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
Date
|
No. of Order Book
|
No. of
|
Detail of
receipts
|
On account of –
|
Total
|
Daily Total
|
|
Treasury Receipt
|
Receipt Book
|
General Case Account
|
Clothing Fund
|
Equipment Fund
|
Additional Police Account
|
Departmental Revenues
|
|
|
|
|
|
|
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
|
|
|
|
|
|
Brought forward
|
8,913-10-8
|
6,599-15-2
|
1,393-5-1
|
255-8-2
|
7-3-0
|
17,139-10-1
|
17,139-10-1
|
|
|
|
|
|
|
Certificate
1.
certify that Rs.98-4-8* (Rupees ninty-eight, annas four and pies eight only)
are in the Cash Chest; there is no R.T.R with the accountant or cash in the
hands of any disbursing officer (Rule 10-48(3)), I have satisfied myself that
the accounts are correct and that the charges entered in this Book have been
really paid. Vouchers for all items of expenditure are in the office files
with the exception of Nos.25 and 26; and Nos.16 and 17 referred to in the
last month’s certificate have since been received and filed. I am responsible
that the vouchers have been so defaced that they cannot be used again.
C.D, Superintendent of Police.
Detail of balance in cash chest
*(1)
1-3-15-Cost of saddles 89-0-0
(2) 7-3-15-Un-disbursed salaries
9-4-8
Total 98-4-8
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Carried over …
|
8,913-10-8
|
6,599-15-2
|
1,393-5-1
|
255-8-2
|
7-3-0
|
17,139-10-1
|
17,139-10-1
|
FORM no. 10-48(1)
Page-2
Police Department ___________
District
CASH BOOK OF THE _____________ DISTRICT FOR THE
MONTH OF _________199
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
Date
|
No. of Order Book
|
No. of
|
Detail of
receipts
|
On account of –
|
Total
|
Daily Total
|
|
No. of Voucher
|
General Case Account
|
Clothing Fund
|
Equipment Fund
|
Additional Police Account
|
Departmental Revenues
|
|
|
|
|
|
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
|
|
|
|
|
Brought forward
|
8,174-5-0
|
…
|
…
|
…
|
7-3-0
|
8,181-8-0
|
|
|
|
|
|
|
Police Deposit
Cheque No. 28384 / 284
|
|
|
|
|
|
|
|
|
May
|
1st
|
…
|
21
|
Disbursed
clothing money of Constable No.10, Allah Bux, invalided
|
…
|
16-0-0
|
…
|
…
|
…
|
…
|
…
|
|
“
|
“
|
…
|
21
|
Disbursed
clothing money of constable No.17, Ram Chand, invalided
|
…
|
16-0-0
|
…
|
…
|
…
|
…
|
…
|
|
“
|
“
|
…
|
21
|
Cost of blacking
for marking pantaloons to Lekh Ram Merchant
|
…
|
1-0-0
|
…
|
…
|
…
|
…
|
…
|
|
“
|
“
|
…
|
…
|
Stamp affixed on
Cheque
|
…
|
0-1-0
|
…
|
…
|
…
|
…
|
…
|
|
“
|
“
|
…
|
22
|
Cost of 200 beds
at Rs.3 less advance to Ghasita, Carpenter, of city
|
…
|
…
|
250-0-0
|
…
|
…
|
…
|
…
|
|
“
|
“
|
…
|
23
|
Cost of repairs
to 3 beds and 10 Boxes to Bablu, Carpenter of Kaithal
|
…
|
…
|
4-3-0
|
…
|
0-8-0
|
…
|
…
|
|
“
|
“
|
…
|
24
|
Estate of
S.I.N.D., to his son and heir, Constable No. 326 X.Y
|
…
|
…
|
…
|
110-5-7
|
…
|
…
|
…
|
|
“
|
“
|
…
|
25
|
Estate of Head
Constable M.L, No.79 to his widow Mussamad G.H.
|
…
|
…
|
…
|
40-0-0
|
…
|
…
|
…
|
|
“
|
“
|
…
|
26
|
Estate of
Constable No.45, Shakru, to his brother and heir Qadrn of V. – Police Station
|
…
|
…
|
…
|
29-3-4
|
…
|
466-12-11
|
8,648-4-11
|
|
|
|
|
|
Carried over …
|
8,174-5-0
|
…
|
…
|
…
|
7-3-0
|
8,181-8-0
|
8,648-4-11
|
ORM no. 10-48(1)
Page-1
Police Department ___________
District
CASH BOOK OF THE _____________ DISTRICT FOR THE
MONTH OF _________199
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
Date
|
No. of Order Book
|
No. of
|
Detail of receipts
|
On account of –
|
Total
|
Daily Total
|
|
Treasury Receipt
|
Receipt Book
|
General Case Account
|
Clothing Fund
|
Equipment Fund
|
Additional Police Account
|
Departmental Revenues
|
|
|
|
|
|
|
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
|
|
|
|
|
|
Brought forward
|
8,913-10-8
|
6,599-15-2
|
1,393-5-1
|
255-8-2
|
7-3-0
|
17,139-10-1
|
17,139-10-1
|
|
|
|
|
|
|
Advance Recoverable
Clothing Fund
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Rs. a. p.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(1) Cost of great-coat of
Constable No.15, Bhuru
(2)----------
(3)----------
|
6-8-0
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Equipment Fund
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Rs. a. p.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(1) Ghasita, carpentar
(on______ April 1914) for providing beds
|
350-0-0
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Abstract of balance under “Estates”
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Rs. a. p.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
4-3-14-Constable K.D. No.183
|
31-0-0
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1-5-14-Constable Sukhu, No.8
|
4-0-0
|
|
|
|
|
|
|
|
|
|
|
|
|
|
8-5-14-Constable Ruldu,
No.171
|
10-15-3
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
45-15-3
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Grand Total …
|
8,913-10-8
|
6,599-15-2
|
1,393-5-1
|
255-8-2
|
7-3-0
|
17,139-10-1
|
17,139-10-1
|
FORM no. 10-48(1)
Page-2
Police Department ___________
District
CASH BOOK OF THE _____________ DISTRICT FOR THE
MONTH OF _________199
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
Date
|
No. of Order Book
|
No. of
|
Detail of
receipts
|
On account of –
|
Total
|
Daily Total
|
|
No. of Voucher
|
General Case Account
|
Clothing Fund
|
Equipment Fund
|
Additional Police Account
|
Departmental Revenues
|
|
|
|
|
|
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
|
|
|
|
|
Brought forward
|
8,174-5-0
|
33-1-0
|
254-3-0
|
179-8-11
|
7-3-0
|
8,181-8-0
|
|
|
|
|
|
|
Police Deposit
Cheque No. 28384 / 284
|
|
|
|
|
|
|
|
|
May
|
21st
|
…
|
…
|
Chanda to Gamu,
late Mounted Constable No.62
|
100-0-0
|
…
|
…
|
…
|
…
|
…
|
…
|
|
|
|
|
|
Stamp affixed on
Chanda Cheque
|
0-1-0
|
…
|
…
|
…
|
…
|
100-1-0
|
100-1-0
|
|
“
|
22nd
|
…
|
…
|
Rewards to
Sub-Inspectors H.M. and M.R. at Rs.50 each
|
100-0-0
|
…
|
…
|
…
|
…
|
100-0-0
|
…
|
|
“
|
“
|
…
|
…
|
Wages of collies
who repaired butts (5th to 7th)
|
3-0-0
|
…
|
…
|
…
|
…
|
3-0-0
|
103-0-0
|
|
“
|
25th
|
…
|
…
|
Travelling
allowance, - vide Bill No.3 in Travelling Allowance Register
|
50-0-0
|
…
|
…
|
…
|
…
|
50
|
…
|
|
“
|
“
|
…
|
…
|
Contingencies, - vide
Contingent Register, Part-I
|
288-0-0
|
…
|
…
|
…
|
…
|
288-0-0
|
338-0-0
|
|
“
|
29th
|
…
|
T. R.
30
|
Credited into
Chanda Fund, price of a remount of the Chanda Fund sold to Mounted Constable
Salag Ram
|
100-0-0
|
…
|
…
|
…
|
…
|
100-0-0
|
100-0-0
|
|
|
|
|
|
Total …
|
8,815-0-0
|
33-1-0
|
254-3-0
|
179-8-1
|
7-3-0
|
9,289-5-11
|
9,289-5-11
|
|
|
|
|
|
Balance carried
forward
|
98-4-8
|
6,566-14-2
|
1,130-2-1
|
45-15-3
|
…
|
7,850-4-2
|
7,850-4-2
|
|
|
|
|
|
Grand Total …
|
8,913-10-8
|
6,599-15-2
|
1,393-5-1
|
255-8-2
|
7-3-0
|
17,139-10-1
|
17,139-10-1
|
FORM no. 10-50(b)
Police Department ___________
District
POLICE LANDS
IMPROVEMENT FUND CASH BOOK
|
1
|
2
|
3
|
4
|
1
|
2
|
3
|
4
|
|
Date of entry
inCash Book
|
Amount credited
to Government under XXIII -Police Miscellaneous – Police Lands R
|
Monthly Total
|
Remarks, giving
brief particulars of all receipts.
|
Date of enty in
Cash Book
|
Total of each
abstract Contingent Bill
|
Monthly Total
|
Remarks giving
brief detail showing Establishment and Contingent expenditure separately.
|
|
|
|
|
|
|
|
|
|
FORM no. 10-50(c)
Police Remount Fund Cash Book
for the month of ______________ 19
.
Dr.
|
1
|
2
|
3
|
4
|
5
|
6
|
|
Month and date
|
Treasury receipt
No.
|
Departmental
receipt No.
|
Details of
Receipts.
|
Amount
|
Total
|
|
|
|
|
|
Rs. a.
p.
|
Rs. a.
p.
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
Month and date
|
Cheque No.
|
Voucher No,
|
Detail of
payments
|
Amount
|
Total
|
|
|
|
|
|
Rs. a.
p.
|
Rs. a.
p.
|
(To be drawn by
hand.)
FORM no. 10-52(a)
Police Department ___________
District
POLICE STATION REGISTER No. XX, PART (I)
CASH ACCOUNT OF
MONIES SUCH AS PAY, ALLOWANCES AND MISCELLANCEOUS, TRANSACTIONS, ETC.,
OF POOLICE STATION
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
Annual
Serial No.
|
Date
|
Nature of receipt or
expenditure
|
Receipt
|
Expenditure
|
Balance
|
Reference to previous subsequent, of final numbers in this Register,
regarding the same transactions.
|
REFERENCES TO
|
DETAIL OF BALANCE TO BE
GIVEN DAILY.
|
|
(a)
|
(b)
|
(c)
|
Reference to the serial No, of this Register on which the amount
composing balance was originally entered.
|
Description of money.
|
|
Receipt Book No. (Rule 10-14)
|
Road certificate No, (Rule 10-17).
|
No of entry in station daily in which details are given
|
|
219
|
1-6-26
|
For the month of June 1926
Balance from last month …
|
Rs
25
|
Rs
.
|
Rs.
25
|
…
|
…
|
…
|
|
215
|
Reward due to Dharam Singh,
Zaildar of Village
|
Rs.
|
|
…
|
25
|
|
221
|
4-6-26
|
Pay for May 1926 … …
|
405
|
…
|
430
|
221, 224, 225.
|
50
|
…
|
|
215
|
(i)
|
Reward due to Dharam Singh, Zaildar
|
…
|
25
|
|
221
|
4-6-26
|
To
pay of Sub-Inspector, H.C. and F. Cs.
|
…
|
352
|
78
|
220
|
…
|
…
|
|
220
|
(ii)
|
Pay
of F. Cs.
|
…
|
53
|
|
Total
|
…
|
78
|
|
222
|
|
Pay
of menials for May 1926
|
44
|
…
|
123
|
227
|
51
|
…
|
…
|
215
|
(1)
|
Reward
due to Dharam Singh, Zaildar
|
…
|
25
|
|
223
|
|
Travelling
Allowance of Establishment (Bill No.15)
|
200
|
…
|
322
|
226
|
52
|
…
|
…
|
222
223
|
(2)
|
Pay
of menials
|
…
|
44
|
|
224
|
5-6-26
|
To
S.I. Shahabad – Pay of F. C. No.25, Nanda, transferred to that P.S.
|
…
|
17
|
305
|
220
|
…
|
70
|
…
|
…
|
(3)
|
Travelling Allowance of
Establishment
|
…
|
20
|
|
225
|
5-6-26
|
To
pay of Foot Constables
|
…
|
36
|
269
|
220
|
…
|
…
|
…
|
…
|
|
Total
|
…
|
89
|
|
226
|
5-6-26
|
Disbursed
Travelling Allowance of Establishment
|
…
|
180
|
89
|
223
|
…
|
…
|
…
|
…
|
Travelling Allowance of
Establishment
|
…
|
20
|
|
227
|
10-6-26
|
Disbursed
pay of menials for May 1926.
|
…
|
44
|
45
|
222
|
...
|
…
|
…
|
…
|
|
228
|
10-6-26
|
To
Dharam Singh, Zaildar
|
…
|
25
|
20
|
215
|
…
|
…
|
…
|
…
|
|
229
|
25-6-26
|
Estate
of deceased F. C. No. 35, Abdullah, of Ambala District, due to his widow,
Mussammat of village
|
50
|
…
|
70
|
…
|
53
|
…
|
…
|
223
229
|
|
|
|
|
|
|
|
Total
for June 1926 …
|
724
|
654
|
70
|
…
|
…
|
…
|
…
|
…
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Note
(1) A line shall be drawn after each
entry.
(2)The Serial No. in which the final transaction is
completed should be entered in red ink opposite the Serial No, in which the
receipt of the amount was originally recorded. This red ink No, will
show that the amount in question has been finally adjusted.
FORM no. 10-52(b)
Police Department ___________
District
POLICE STATION REGISTER No. XX, PART (2)
Cash Account of
permanent advance of Police Station________________
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
|
Annual
Serial No,.
|
Date
|
Nature of receipt or expenditure
|
Receipt
|
Expenditure
|
Balance
|
Reference
to previous subsequent, of final numbers in this Register, regarding the
same transactions.
|
References
|
Reference to the entry in the Corresponde4nce
Register (No. 5), relating to the application made for recoupment
|
Remarks
|
|
(a)
|
(b)
|
(c)
|
|
|
|
|
|
|
|
For
the month of June, 1926
|
Rs.
|
Rs.
|
Rs.
|
|
|
|
|
|
|
|
180
|
1st June,1926
|
Balance …
|
15
|
…
|
15
|
…
|
…
|
…
|
2
|
…
|
|
|
181
|
5th June 1926
|
By
departmental expenses bill, dated 20th May,1926
|
2
|
…
|
17
|
150
|
22
|
…
|
18
|
…
|
|
|
182
|
9th June 1926
|
Judicial
expenses in case First information Report No, 27, dated 24th May,
1925.
|
…
|
5
|
12
|
184
|
…
|
…
|
…
|
No. 6, dated 9th June, 1926
|
|
|
183
|
15th June, 1926
|
Repairs
to beds and boxes
|
…
|
3
|
9
|
185
|
…
|
…
|
…
|
No. 17, date d15th June, 1926.
|
|
|
184
|
20th June, 1926
|
By
judicial expenses bill, dated 9th June, 1926
|
5
|
…
|
14
|
182
|
…
|
…
|
15
|
…
|
|
|
185
|
25th June, 1926
|
By
departmental expenses bill, dated 15th June, 1926.
|
3
|
…
|
17
|
183
|
…
|
…
|
17
|
…
|
|
|
186
|
28th June, 1926
|
Judicial
expense in case First Information Report No, 32, dated 15th June,
19th 1926
|
…
|
7
|
10
|
…
|
…
|
…
|
…
|
No,. 22, dated 28th June, 1926.
|
|
|
187
|
29th June 1926
|
Repairs
to chair
…
|
…
|
2
|
8
|
…
|
…
|
…
|
…
|
No, 24, dated 29th June, 1926
|
|
|
|
Total
…
|
25
|
17
|
8
|
…
|
…
|
…
|
…
|
…
|
|
|
|
Amount
of permanent advance
Detail
of items recoverable with date of application.
170,
20th May, 1926 … … 3
186,
28th June 1926 … … 7
187,
29th June, 1926 … … 2
Note – (1) A line shall be drawn after each entry.
(2) wheh an item pending final adjustment, the red ink No. will not
given.
|
20
|
12
|
8
|
…
|
…
|
…
|
…
|
…
|
|
FORM no. 10-59
REMOUNT CHARGES AND CHANDA REFUNDS.
Police Department ___________
District
(Note – Answer those items which are
applicable. Draw a pen through all others.)
For purchase of a remount
On ceasing to be a member
of the Chanda Fund.
|
|
Application on behalf of Mounted , Constabu,
lary No. Sower
of the disteict for
of Chanda money
Payment for remounts
- Date of enrolment of previous animal.
- Date of removal of previous animal from the Chanda Register.
- Reason for removal of the animal from the Register.
(Attach Committee’s report, if any.)
- Amount recovered on account of sale-proceeds of animal (i)
unserviceable) and the date on which credited into the treasury.
- Date of entry of the new remount for which Chanda money is
required. If not already submitted, attach a copy of the new entry in the
Chanda Register. (Form 10-20 (I).)
- Amount required for payment under Rule 7-12, Police Ruless.
Refund of Chanda money
- Amount of Chanda money paid by Sowar on joining the Chanda fund, If
the Sowar brought his own animal, the fact should be noted here.
- Date of joining the Chanda Fund.
- Date from which the subscriber cease to be a member of the Chanda
Fund.
- amount required for refund to the applicant under Police Rules.
- State how the animal of the ex-subscriber has been disposed of.
- Name of the new subscriber, with Constabulary No. and the date of
joining the Chanda Fund.
- Amount of Chanda money paid by the new subscriber and the date on
which credited into theTreasuury.
- Remarks by Superintendent of Police.
|
Date
|
|
:
|
Superintendent of
Police
|
|
The
|
|
19 .
|
|
|
|
|
|
ORDER.
Sanctioned for
Rupees
(Rs )
and paid by cheque No.
, dated .
By order,
Assistant Inspector
General
of Police, Punjab.
_____________
FORM No. 10-61 (4)
Police Department ___________
District
BILL FOR ALLOWANCES
OF BHISTIS AND SWEEPERS EMPLOYED AT THE POLICE STATION LOCK-UPS FOR THE MONTH
OF
|
1
|
2
|
3
|
4
|
5
|
6
|
|
Serial No.
|
Name of Police
Station
|
Allowance of
Bhisti
|
Allowance for
sweeper
|
Total
|
Remarks.
|
|
|
|
Rs. a. P.
|
Rs. a. P.
|
Rs. a. P.
|
|
|
Total …
|
|
|
|
Memorandum showing
the disposal of the Bill.
|
|
Rs.
|
|
(1)
|
By letters of credit, -Vide
Chalan attached
|
…
|
…
|
…
|
|
|
(2)
|
By chash orders, -Vide
Chalan attached
|
…
|
…
|
…
|
|
|
(3)
|
Cash (if any)
|
…
|
…
|
…
|
…
|
…
|
|
|
Total
|
…
|
|
|
|
|
|
|
|
|
|
|
Date
|
|
:
|
Superintendent of
Police
|
|
The
|
|
19 .
|
|
|
|
|
|
(IV) 13-54
FORM No. 10-64
Police Department ___________
District
CERTIFICATE.
I DO HEREBY CERTIFY THAT I
have examined ________________________
__________________________________________,
a candidate for employment in the Police Department, and cannot discovery that
he has any disease, constitutional affection, or bodily, infirmity, except
______________.
I do not consider this a
disqualification for employment in the office of
_______________________________________________________________________.
His age is according to his own
statement __________________ years, and by appearance about _____________
years.
|
Date
|
|
:
|
District Health
Officer.
|
|
The
|
|
19 .
|
|
|
|
|
|
[Note. –When
an officer is transferred from one office to another, the duties of which are
different in character, a Commissioned Medical Officer, or Medical Officer in
charge of Civil Station, should report whether the defect, if one exists, will
materially interfere with the discharge of his new duties of the officer
transferred.]
(Prescribed by Rule 3.I, P. F. H. B. No, 2, Vol. II.)
I declare that I
have never been pronounced unfit for Government employment by a Medical Board
or any other duly constituted Medical Authority.
FORM No. 10-76 (4)
APPLICATION FOR THE GRANT OF HOUSE-RENT ALLOOWANCE TO UPPER
SUBORDIANTES.
POLICE DEPARTMENT ___________ DISTRICT
|
HOUSE-RENT ALLOWNCE CREASED TO BE DRAWN.
|
HOUSE –RENT ALLOWANCE APPLIED FOR.
|
Net. Progressive total of house-rent allowances
of the changes are sanctioned.
|
|
Serial
No. on the permanent list of sanctions.
|
Name,
rank and number of officer who ceaed to draw house-rent allowance.
|
Rate
of house-rent allowance.
|
Date
from which the house-rent allowance ceased to be drawn.
|
Reasons
for cessation.
|
Name,
rank and No, of officer for who house-rent allowance is applied.
|
Locality
of propcsed house.
|
Name
of owner of house proposed to be rented.
|
Rate
of house-rent allowance
|
Date
from which sanction is asked for.
|
Grounds
for application.
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Note I. –
Applications for reduction or increase of existing house-rent allowances and
intimation of the cessation of allowances should also be submitted in the form.
Note II. –
There shall be two separate progressive total, viz, one for European Inspectors
and Sergeants, which will be shown in the applications for house-rent
allowances for such officers to be forwarded to the Inspector General of
Police, and the other for Indian Inspectors which will be shown in the
applications for house-rent allowances for such officers to be forwarded to the
Deputy Inspector General of Police.
Note III. –
The Inspector General of Police and the Deputy Inspector General of Police
shall communicate the sanction acceded by them to the Superintendent of Police
form whom the application was received.
( See reverse )
1.
Remarks by Superintendent of Police (a)
|
Date
|
|
:
|
Tehsildar,
________________,
tahsil.
|
|
The
|
|
194 .
|
|
|
|
|
|
|
2.
Tahsildar’s report whether the rent proposed is
reasonable according to local rates (b)
|
Date
|
|
:
|
Tehsildar,
________________,
tahsil.
|
|
The
|
|
194 .
|
|
|
|
|
|
|
Deputy Inspector General
of Police
Inspector General of
Police, Punjab, Lahore.
|
|
3. Forwarded
to the in
____________________
range, for order.
|
|
Superintendent of
Police
_______________________
district.
|
No. ________________________ dated
__________________________.
Sanctioning
authority’s orders.
Dated
__________________________ Signature
______________________.
(a)
Mention here also that no
Government quarter is available for this officer.
(b)
To be obtained through
District Magistrate.
FORM No. 10-76 (5)
EUROPEAN INSPECTORS AND
SERGEANTS.
INDIAN INSPECTORS,
SUB-INSPECTORS, ASSISTANT
SUB-INSPECTORS AND HEAD CONSTABLE.
|
|
PERMANENT LIST OF HOUSE –RENT ALLOWACES SANCTIONED.
FOR
IN THE _______________________DISTRICT.
|
Serial No.
|
Name, rank and number
|
Rate of
house-rent allowance.
|
Date from which
sanctioned
|
Authority.
|
Progressive total
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
|
|
|
|
(To be drawn by
hand).
Form No. 10-76 (6)
RANGE
PROVINCE.
POLICE DEPARTMENT.
Indian Inspectors
European Inspectors and
Sergents
|
|
Monthly consolidated statement of sanctions for the grant or cessation
of house-rent allowances to during the
month of _________194______.
|
Serial No.
|
Name and
designation of the Government servant to whom the house-rent allowance is
granted or withdrawn.
|
Rate of
house-rent allowance.
|
Date from which
sanctioned.
|
Date from which ceased.
|
Progressive total
of previous month.
|
Net progressive
total at the end of the month under report
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
|
|
|
|
|
|
|
|
Note – Changes in the
progressive total should be given in chronological order.
Deputy Inspector
General of Police, ___ Range
Inspector General of
Police, Punjab
FORM No. 10-86
MEMORANDUM OF CHAGES
IN ESTABLISHMENT.
STATEMENT SHOWIN VACANCIES, PROMOTIONS, APPOINTMENTS, TRANSFERS TO OTHER
DISTRICT, OR DEPARTMENTS AND DEGRANDTATIONS OF
SUBORDINATES DURING THE MONTH OF _____________193 .
|
Number of Order
Book Entry.
|
VACANCIES DURING
THE MONTH
|
ENLISTMENT,
PROMOTION, &c., MADE TO FILE UP THE VACANCIES (SHOW IN COLUMNS 1 OR 70)
|
SAVINGS
|
REMARKS
|
|
Provincial or Constabulary
No,
|
Name.
|
Rank and Grade.
|
Date of Vacancy.
|
Period of Vacancy
|
Cause of Vacancy
|
Number of Order Book Entry.
|
Provincial or Constabulary
No.
|
Name
|
Rank and Grade
|
Date form which appointment
on promotion to have effect.
|
Period
|
Amount given (Pay of new
appointment.)
|
Period (column 6 less column
13)
|
Amount
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Rs.A.P
|
|
Rs.A.P
|
|
|
|
|
|
Grand Total …
|
|
|
|
|
Date
|
|
 :
|
Checked and found
correct.
Accountant
|
Superintendent of
Police.
|
|
The of
|
|
19 .
|
|
|
|
|
|
|
FORM No. 10-87 (5)
MEMORANDUM OF
DEDUCTIONS.
STATEMENT SHOWIN CASUAL DEDUCTIONS TO BE MADE FORM SUBORDINATES FORTHE MONTH OF
_____________19 .
|
Number and date of order
book entry.
|
Name
|
Provincial, Range or
Constabulary No,
|
Rank and grad
|
Description of deductions to
be made.
|
Total amount to be recovered
|
DEDUCTION MADE
FORM THE PAY OF THE MONTH ON ACCOUNT OF
|
Balance (to be recovered
later on).
|
Remarks.
|
|
Refund
|
Clothing
|
Equipment
|
Estate
|
Departmental Revenues
|
Chanda
|
Miscellaneous.
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
|
|
|
|
|
|
Rs. a.p
|
Rs. a.p
|
Rs. a.p
|
Rs. a.p
|
Rs. a.p
|
Rs. a.p
|
Rs. a.p
|
Rs. a.p
|
Rs. a.p
|
|
|
Total …
|
|
|
|
|
|
|
|
|
|
|
DATED LAHOR
|
Checked and found
correct.
Accountant
|
Superintendent of
Police.
|
|
The of
|
|
19 .
|
|
|
|
|
|
FORM No. 10-88 (1)
ANNUAL GRADATION
LIST OF _____________FOR THE YEAR 19
.
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
Annual Serial No.
|
Constabulary No,
|
Names of officers (to be
entered in accordance with the length of approved service).
|
Date of enrolment.
|
Date from which approved
service in the particular time-scale counts. If any service has been
forfeited, the date from which approved service counts shall be altered
accordingly,=.
|
Serial No to which name is
transferred on account of reduction or
|
SERIAL NO. OF
OFFICERS ON EACH RATE OF PAY EACH MONTH
|
Remarks
|
Including reference to order
in connection with promotion, with holding of increment, &c., with
signature of gazetted officer.
|
|
January
|
February
|
March
|
April
|
May
|
June and so. on.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM No. 10-89. (A)
POLICE DEPARTMENT . ______________
DISTRICT
LIST OF
POLICE OFFICERS ABSENT FROM THEIR APPOINMENTS ON WHICH THEY HAVE A LIEN. EITHER
(b) ON LEAVE. (b) ON DUTY TO ANOTHER APPOINTMENT. WHETHER PERMANENT OR
TEMPORARY, (c) ON JOINING TIME DURING TRANSFER TO ANOTHER APPOINMENT, OR (d)
UNDER SUSPENSION.
Note :- The names of absentees and of officers
on such duty as prevents them from receiving their salaries should also be
inserted.
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
Serial No.
|
Rank and grade
|
Provincial -------- of
Constabulary No. Range
|
Kind
|
ABSENCE
|
Remarks
Give here Order Book No.
|
|
Period
|
Date
|
Name and
Constabulary No. or substitute, if any,
|
|
Y
|
M
|
D
|
From
|
To
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM No. 10-89 (B)
POLICE DEPARTMENT _________________ DISTRICT
ABSENTREE
STATEMENT OF UPPER SUBORDINATES FOR THE MONTH OF
|
Name of absentee
|
Actual rate of
pay
|
Designation and
rate of pay of vacant post
|
NAME OF ABSENCE
|
Rate of absentee
allowance
|
(To be filled up
by Audit Office)
|
OFFICIATING
OFFICER (IF ANY)
|
(To be filled up
by Audit Office).
|
|
Kind
|
Period
|
From A.M. or P. M.,
|
To A.M or P.<
|
Name
|
Substantive post
|
Substantive pay
|
Officiating pay
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
|
|
|
|
|
|
|
|
|
E.C
|
S.
|
|
|
|
|
E. C
|
S.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
DATED
_________________
The
19 - Head of Office
Notes.
– I. In column 4 should be stated
“average, ½ average pay, extraordinary leave without pay. “suspended,” etc.,
the date for each being specified as far as possible in columns 6 and 7. in
case of suspension it should be noted whether or not the period counts for
pension.
2) The
statement should be divided off into sections corresponding to sections in the
bills only those arrangements affecting one section being shown together.
3) The
number of completely vacant posts should be noted at the end of each section.
FORM No. 10-89 (c)
(For office use
only)
ABSENTEES DURING
THE FINANCIAL YEAR 19 ---19.
POLICE DEPARTMENT ___________________
DISTRICT
REGISTER
OF PAY AND ALLOWANCES HELD OVER FOR
FUTURE PAYMENT SHOWING THE NAMES OF POLICE OFFICERS ABSENT FROM THEIR
APPOINTMENTS ON WHICH THEY HAVE A LIEN. EITHER (a) ON LEAVE, OR (b) ON DUTY TO
ANOTHER APPOINTMENT. WHETHER PERMANENT OR TEMPORARY, OR (c) ON JOINING TIME
DURING TRNSFER TO ANOTHER APPOINTMENT, OR (d) UNDER SUSPENSION.
(N. B. – The names
of deserters and of men on such duty as prevents them from receiving their
salaries should also be shown)
|
Serial No.
|
Rank and Grade
|
Constabulary No.
|
Name and alias of
the absentees
|
Nature of Absence
|
Full pay and
acting allowance (separately)
|
Number, rank and
name of substitute
|
Rate of amount
due to substitute (if any from column 9)
|
Monthly savings
and amounts withheld for future payment.
|
Give date of
drawing arrears here or in column 12
|
REMARKS
|
|
*Kinds
|
Period
|
Date
|
|
Y
|
M
|
D
|
From
|
To
|
|
1
|
2
|
3
|
4
|
5
|
|
6
|
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
|
|
|
|
|
|
|
|
|
|
|
|
Rs. A. P.
|
Rs. A. P.
|
Rs. A. P.
|
Rs. A. P.
|
|
|
Note
. – 1 . The entries in column 12 shall agree with columns 5 and 6 of
the pay bill.
2. Totals
should be shown in red ink every month.
3.
Separate pages shall be assigned for each rank
and grade.
4.
“Kind.” The entry in columns 5 should be one of
the following :-
1). Leave
on average pay. 2. Leave on half or quarter average pay.
3). Leave
on medical certificate. 4. Extraordinary leave without allowances.
5). Suspension. 6). Deputation (to a temporary appointment
created).
7). Appointed
to act in a higher rank.
Superintendent of
Police
FORM No. 10-90 (1) (A).
POLICE DEPARTMENT __________
DISTRICT
ACQUITTANCE ROLL OF
PAY OF UPPER SUBORDINATES FOR THE MONTH OF
|
Provincial or
Range No.
|
Name
|
Rank and grade
|
PAY AND
ALLOWANCES CLAIMED
|
DEDUCTION
|
BALANCE
|
SIGNATURE OF THE
PAYEE, WITH DATE
|
REMARKS
|
|
Pay, acting
allowance or leave salary (separately).
|
Special pay
|
Compensatory
allowance
|
Total
|
On account of
|
Amount
|
|
House Rent
|
Conveyances
|
Horse
|
Motor Cycle
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
|
|
Brought for ward
|
Rs. A.Pl
|
|
|
|
|
|
|
Rs. A. P
|
|
Rs. A. P.
|
Rs. A. P.
|
|
|
ABSTRACT OF COLUMN
13 (DEDUCTIONS).
|
Fund
|
Income Tax
|
Refunds
|
Clothing
|
Equipments
|
Departmental
Revenues
|
Chanda
|
Miscellaneous
|
Remarks
|
|
Rs. A.P.
|
Rs. A.P.
|
Rs. A.P.
|
Rs. A.P.
|
Rs. A.P.
|
Rs. A.P.
|
Rs. A.P.
|
Rs. A.P.
|
|
Note . – Full sheets shall be supplied to the
Lines and half sheets to Police Stations.
Atend.
Forwarded to the
officer in charge of Police ___________________ at __________ for him to draw
(in words) Rs. ___________ from the treasury and to pay the amount to the
payees. The acquittance roll should be returned duly stamped and signed without
delay and in no case later than 20th of __________.
Dated
_________________
The
__________________ Superintendent
of Police
Certified that
Rupees __________ have been paid to the actual payees. It is returned duly
stamped and signed. (State here the amount un-disbursed and its cause, and
mention the name of the officer to whom it is due.)
Dated _________________
The
__________________ Officer
incharge
Checked and found
correct.
Dated
_________________
The
__________________ Accountant
FORM No. 10-90 (1) (B).
POLICE STATION. ____________
DISTRICT
ACQUITTANCE
ROLL OF PAY OF LOWER SUBORDINATES FOR THE MONTH OF
|
Constabulary No.
|
Name
|
Rank and grade
|
Pay and
allowances claimed
|
Total
|
Deductions
|
Balance
|
Balance signature
of seal of the payee, with date and attestation by the Disbursing officer
|
Remarks
|
|
Pay acting
allowances or leave salary (separately).
|
Special pay
|
Compensatory
allowances
|
On account of
|
Amount
|
|
Horse
|
Camel
|
House
|
Local
|
Conveyance
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
|
|
Brought over Rs.
Total
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
ABSTRACT OF COLUMN
14 (DEDUCTIONS).
|
Fund
|
Refunds
|
Clothing
|
Equipments
|
Estate
|
Departmental
Revenues
|
Chanda
|
Miscellaneous
|
Remarks
|
|
Subscriptions
|
Deductions
|
|
Rs. a.p.
|
Rs. a.p.
|
Rs. a.p.
|
Rs. a.p.
|
Rs. a.p.
|
Rs. a.p.
|
Rs. a.p.
|
Rs. a.p.
|
Rs. a.p.
|
|
ABSTRACT OF COLUMN
14 (DEDUCTIONS).
|
Head Constables
|
Selection Grade
Constables
|
Time-scale
Constables
|
Allowances
|
|
|
Serial No. in pay sheet
|
Name
|
Rs.30 per mensem
|
Rs.31 per mensem
|
Rs.32 per mensem
|
Rs.33 per mensem
|
Rs.34 per mensem
|
Rs.35 per mensem
|
Rs.36 per mensem
|
Rs.37 per mensem
|
Rs.38 per mensem
|
Rs.39 per mensem
|
Rs.40 per mensem
|
Rs.41 per mensem
|
Rs.42 per mensem
|
Rs.43 per mensem
|
Rs.44 per mensem
|
Rs.45 per mensem
|
Rs.20 per mensem
|
Rs.21 per mensem
|
Rs.22 per mensem
|
Rs.23 per mensem
|
Rs.24 per mensem
|
Rs.25 per mensem
|
Rs.26 per mensem
|
Rs.27 per mensem
|
Rs.28 per mensem
|
Rs.17 per mensem
|
Rs.18 per mensem
|
Rs.19 per mensem
|
Rs.20 per mensem
|
Conveyance
|
House Rent
|
Local
|
Statistical
|
Special Pay
|
|
Total amout claimed
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
18
|
19
|
20
|
21
|
22
|
23
|
24
|
25
|
26
|
27
|
28
|
29
|
30
|
31
|
32
|
33
|
34
|
35
|
36
|
37
|
38
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Forwarded
to the Officer in charge of Police ______________________ at
________________________ for him to draw (in words) the amount to the payees.
The Acquittance Roll should be returned duly signed and (if necessary) stamped
by the payees, without delay and in no case later than 20th of
_________________________.
Dated
______________
Superintendent of
Police
The ___________19 .
Certified
that the amount has been paid to the actual payees. It is returned duly signed
and stamped.
Dated
______________
Officer in charge
The ___________19 .
*State
here the amount undisbursed (if any) and its cause, and mention the name of the
officer to whom it is due.
Checked
and found correce
Dated ______________
Officer in charge
The ___________19 .
Form No. 10-91
Police Station ___________District
list of officers appointed to, or transferred from, the station or who
went on leave (other than casual leave), or were admitted to hospital during the
month of _________________ 19 .
Appointments
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
Serial No.
|
Number, rank and
grade
|
Name
|
Date of arrival
|
Station from
which received
|
Allowance if any,
to which entitled while at this Police Station
|
Remarks (Quote
here No. of the Daily Diary Report)
|
|
|
|
|
|
|
R. a.
p.
|
|
Transfers
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
Serial No.
|
Number, rank and
grade
|
Name
|
Date of Departure
|
Place to which
transferred
|
Allowance, if
any, wo which entitled while at this Police Station
|
Remarks (Quote
here No. of the Daily Diary Report)
|
|
|
|
|
|
|
R. a.
p.
|
|
Dated
______________
Officer in charge
The ___________19 .
Form
No. 10-93
Police Station ___________District
accountant’s check register of postings of lower subordinates
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
|
Constabulary No.
|
Names
|
Rank and grade
|
Pay
|
Where posted
during the month of
|
|
January
|
February
|
March
|
April
|
May
|
June
|
July
|
August
|
September
|
October
|
November
|
December
|
Remarks
|
|
1
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3
An so on
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Note – The form
should be printed and bound in books of 150 leaves, providing sufficient space
for 1,200 men.
Form
No. 10-94
Police Station ___________District
pay sheet of lower subordinates for the month of
_________________________ 19 .
Part I – Detail of Payments
|
Serial No.
|
Name of Station, etc.
|
Head Constables
|
Constables,
Selection Grade
|
|
1st
Class
|
Second Class
|
At Rs.28
|
At Rs.27
|
A tRs.26
|
At Rs.25
|
At Rs.24
|
At Rs.23
|
At Rs.22
|
|
At Rs.45
|
At Rs.44
|
At Rs.43
|
At Rs.42
|
At Rs.41
|
At Rs.40
|
At Rs.39
|
At Rs.38
|
At Rs.37
|
At Rs.36
|
At Rs.35
|
At Rs.34
|
At Rs.33
|
At Rs.32
|
At Rs.31
|
At Rs.30
|
No.
|
Amount
|
No.
|
Amount
|
No.
|
Amount
|
No.
|
Amount
|
No.
|
Amount
|
No.
|
Amount
|
No.
|
Amount
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
18
|
19
|
20
|
21
|
22
|
23
|
24
|
25
|
26
|
27
|
28
|
29
|
30
|
31
|
32
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Carried out
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Note – Where no column has
been provided for showing numbers in each grade or of allowances the number
shall be written in red ink above the amount, which shall be in black ink
Part I – detail of payments Contd.
|
Serial No.
|
Name of Station, etc
|
Constables,
Selection Grade
|
Constables, Time
scale
|
Other Allowances
|
|
Deduction
|
Balance (Columns54 less
column 63
|
Remarks
|
|
At Rs.21
|
At Rs.220
|
At Rs.20
|
At Rs.19
|
At Rs.18
|
At Rs.17
|
Special Pay
|
Local Allowances
|
|
|
|
To be deducted
from pay bill
|
Police Deposit
|
To be credited
into Treasury
|
Miscellaneous
|
Total (Columns 55 to 62)
|
|
No.
|
Amount
|
No.
|
Amount
|
No.
|
Amount
|
No.
|
Amount
|
No.
|
Amount
|
No.
|
Amount
|
Conveyance Allowance
|
House Rent
|
|
No.
|
Amount
|
Fund
|
Refunds
|
Clothing
|
Equipment
|
Estate
|
Departmental Revenue
|
Chanda
|
|
1
|
2
|
33
|
34
|
35
|
36
|
3
|
38
|
39
|
40
|
41
|
42
|
43
|
44
|
45
|
46
|
47
|
48
|
49
|
50
|
51
|
52
|
53
|
54
|
55
|
56
|
57
|
58
|
59
|
60
|
61
|
62
|
63
|
64
|
65
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Carried out
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Note – Where no column has
been provided for showing numbers in each grade or of allowances the number
shall be written in red ink above the amount, which shall be in black ink
Form No. 10-94 Contd.
Police Station ___________District
Part II – Mode of charging the
amount in the pay bill and _______________ comaparing it with the sanctioned
scale
|
S.No. of Columns of the pay
bill
|
|
Head Constables
|
Constables,
Selection Grade
|
|
Description
|
First Class
|
Second Class
|
At Rs.28
|
At Rs.27
|
At Rs.26
|
At Rs.25
|
At Rs.24
|
At Rs.23
|
At Rs.22
|
|
At Rs.45
|
At Rs.44
|
At Rs.43
|
At Rs.42
|
At Rs.41
|
At Rs.40
|
At Rs.39
|
At Rs.38
|
At Rs.37
|
At Rs.36
|
At Rs.35
|
At Rs.32
|
At Rs.31
|
At Rs.30
|
No
|
Amount
|
No
|
Amount
|
No
|
Amount
|
No
|
Amount
|
No
|
Amount
|
No
|
Amount
|
No
|
Amount
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
18
|
19
|
20
|
21
|
22
|
23
|
24
|
25
|
26
|
27
|
28
|
29
|
30
|
|
8
7
6
5
4
|
Pay to be drawn (brought
over from last page).
Pay at Training Schools or
drawin in other districts.
*Pay held over for future
payments
+ Savings on account of
leave, suspension, etc.
# Savings on account of
vacant appointments.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3
|
Total …
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Sanctioned scale …
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Dated____________
The______________ 19 . Accountant Drawing
Officer
Part II - Mode of charging the
amount in the pay bill and __________________ comaparing it with the sanctioned
scale
|
S.No. of Columns of the pay
bill
|
Description
|
Constables,
Selection Grade
|
Constables,
Time-scale
|
Other Allowances
|
Remarks
|
|
At Rs.22
|
At Rs.21
|
At Rs.20
|
At Rs.20
|
At Rs.19
|
At Rs.18
|
At Rs.17
|
Special Pay
|
Conveyance Allowance
|
House rent
|
|
Local Allowances
at Rs.
|
|
|
|
Amount claimed (columns 3 to
53)
|
|
No.
|
Amount
|
No.
|
Amount
|
No.
|
Amount
|
No.
|
Amount
|
No.
|
Amount
|
No.
|
Amount
|
No.
|
Amount
|
No.
|
Amount
|
|
8
7
6
5
4
|
Pay to be drawn (brought
over from last page).
Pay at Training Schools or
drawin in other districts.
*Pay held over for future
payments
+ Savings on account of
leave, suspension, etc.
# Savings on account of
vacant appointments.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3
|
Total …
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Sanctioned scale …
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(1)
Amount (column 54) to be
drawn Rs.
(2)
Deduct –
(a)
Fund (deduction Column 55 of
PartI) Rs.
(b)
Refunds (Column 56 of Part
I) Rs.
(3)
Balance to be drawn in pay
bill Rs.
Certified that I have
compared this statement with the memo, of deductions, the memo, of changes,
the absentee statement, thie bills, he Acquittance Rolls and all other
connected papers and find them correct.
Here insert the dates and
amounts of arrears and other supplementary bills drawing during the current
month.
1. 1st supplementary bill of Rs. drawn on
2. 2nd supplementary bill for Rs. drawn on
|
|
|
* Agree with absentee
statement
+ Agree with absentee
statement
# Agree with columns 15 to
16 on memo, of changes
|
Form No. 10-94 Contd.
Police Station ___________District
Part III – examination, etc., of
acquittance rolls
Sir,
I HAVE carefully examined the
Acquittance Rolls for the month of _________ 19 returned by the disbursing
officers and have satisfied myself that they are complete in all respects and
contain no errors or omissions in the sums paid to payees, and that Receipt
stamps have been duly affixed to each payment exceeding the sum of Rs.20
(except payments to mounted lower subordinates). The undisbursed money returned
by the disbursing officers has been correctly entered and accouted for in the
cash book as per detail noted below and has been duly acknowledged by
Departmental Receipts. The Acquittance Rolls with connected papers, Treasury
Receipts, etc., are put up for orders.
Note. –When no undisbursed
money has been retuned, the relevant portion in the certificate should be deleted.
(1)
Total amount disbursed Rs.
(2)
Amount credited into “Estates” Rs.
(3)
Amount remained undisbursed as detailed below
rs.
(4)
Total amount drawn in pay bill Rs.
____________.
(Column 54) ________________.
I have, etc.
Dated
______________
Accountant
The ___________19 .
Certified
that I have carefully examined the pay sheet and all connected records and
papers and find them correct. They should now be filed preparatory to their
bound in accordance with Rule 10-101.
Dated
______________
Drawing Officer.
The ___________19 .
____________
PART IV.
Here insert how the salaries
of absentees credited into the treasury (if any) have been disposed of (quote
volume and page where the Acquittance Roll has been filed).
Accountant.
FORM No,. 10-96 (1) A.
POLICE DEPARTMENT. _____________ DISTRICT.
( for office use
only.)
MEMORANDUM OFR
TESTING THE CORRECTNESS OF THE LOWER SUBORDINATES’ PAY BILLFOR THE MONTH OF
________________________ 19 .
No. 1 – INCREMENT.
FOR TESTING NUMBER
OF HEAD CONSTABLES AND CONTABLES ON DIFERENT RATES OF PAY.
( THE FIGURES GIVEN
SHOULD BE CHECKED FROM PAY LIST. )
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
18
|
19
|
20
|
21
|
22
|
23
|
24
|
25
|
26
|
27
|
28
|
29
|
30
|
31
|
32
|
33
|
34
|
|
Detail.
|
HEAD CONSTABLES.
|
CONSTABLES
SELECTION GRADE
|
CONSTABLES,
TIME-SCLE.
|
|
|
Rs
45
|
Rs
44
|
Rs
43
|
Rs
42
|
Rs
41
|
Rs
40
|
Rs
39
|
Rs
38
|
Rs
37
|
Rs
36
|
Rs
35
|
Rs
34
|
Rs
33
|
Rs
32
|
Rs
31
|
Rs
30
|
Total
Rs.
|
Rs
28
|
Rs
27
|
Rs
26
|
|
Rs
24
|
Rs
23
|
Rs
22
|
Rs
21
|
Rs
20
|
Total
Rs.
|
Rs
20
|
Rs
19
|
Rs
18
|
Rs
17
|
Total
Rs.
|
Remarks
|
|
1. Last (monthly) Serial No,
in pay list).
2.Deductions for vacancies
(including deputations.)
3. Balance.
4. (Add)
vacancies (in column 32
only).
5. Total.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
*These
figures will correspond with those shown in columns1. 2 and 3 against Head
Constables and Constables in the Lower Subordinates, Bill.
Dated
______________
Superintendent of
Police.
The ___________19 .
FORM No, 10-96 (1) (A).
( for office use
only.)
No. II
POLICE DEPARTMENT _____________DISTRICT.
DETAIL OF SAVINGS
ON ACCONT OF VACANCIES (INCLUDING DEPUATIONS) SHOWN IN COLUMN 4 OF THE LOWER
SUBORDINATE BILL.
|
1
|
2
|
3
|
4
|
5
|
1
|
2
|
3
|
4
|
5
|
|
No.
|
Rank, grade and
rate of pay
|
Days
|
Amount
|
Total for each
grade or each step in the time scales
|
No.
|
Rank, grade and
rate of pay
|
Days
|
Amount
|
grad
|
|
|
|
|
Rs. A. P
|
Rs. A. P.
|
|
Brought for ward
|
|
Rs. A.P.
|
Rs. A.P.
|
|
|
|
|
|
|
|
Carried over
|
|
|
Grand Total
|
|
|
Note. –The amount in
column 5 will agree withthat shown in column 4 of the Pya Bill, and columns 3
and 4 will agree with columns 15 and 16 of Memoranda of changes.
____________________________________
Superintendent of
Police.
FORM No, 10-96 (1) (B).
Voucher No.
LOWER SUBORDINATE
BILL.
POLICE DEPARTMENT _____________DISTRICT.
DETAIL PAY BILL OF
PERMANENT ESTABLISHMENT OF THE POLICE FORCE OF THE ABOVE DISTRICT FOR THE MONTH
OF _______________________ 19 .
( Including all
Bodies of Police, except additional and Punitive Police).
|
Sanctioned St4reth in each
grade.
|
Rank and Rate of
Pay.
|
Sanctioned Pay.
|
SAVING ON ACCOUNT
OF
|
Pay, Acting or leave salary
of absentness held over for future payment.
|
Pay of men deputed to
Training School.
|
Pay and Leave Salary drawn
of men present, I, e, Col. 3, minus Cols. 4 to 7.
|
FUND DEUCTION
|
|
Vacant Appointments
|
Leave, Suspension, etc
|
Postal Insurance.
|
General Provident Fund
Deductions.
|
Other Deductions, viz., H.
B. Advance, Motor Cycle or Advance, etc.
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
|
|
Rs. A. P.
|
Rs. A. P.
|
Rs. A. P.
|
Rs. A. P.
|
Rs. A. P.
|
Rs. A. P.
|
Rs. A. P.
|
Rs. A. P.
|
Rs. A. P.
|
|
Grand Total
Rs. …
|
|
|
|
|
|
|
|
|
|
Note. – 1. The name of persons drawing personal
allowances should be given in the body of the Bill. In no other case should
payee’s names appear.
Deduct undisbursed pay refunded as detailed below,
Rs._______________________________ fund deductions
Rs. ________________________; and Recoveries
ordered by Accountant General in letter
No..____________________________________________________ dated
____________________/ ( or objection statement No, __________________
dated
) for Rs. . .
Net sum required for payment … … … … … … …
Rs. (in words.)
Note.
– 2. In columns 4, 5, 6, and 7, the actual number of appointments vacant, etc.,
should be shown in addition to the amount of savings or short drawal.
ACCOUNTS.
(1) Received contents ; also certified that I have satisfied
myself that all pay included in bills drawn 30 dyas previous to this date, with
the exception of those detailed below ( of which the total has been refunded by
deduction from this bill) have been disbursed to the proper persons, and that
their receipts have been taken in acquittance rolls filed in my office, with
receipt stamps duly cancelled for every payment in excess of Rs. 20. Further
certified that all persons, for whom pay has been drawn in this bill, have
actually been entertained during the month.
(2) *Certified
that no person in Superior Service on this establishment has been absent either
on deputation or suspension or with or without leave (except on Casual leave)
during the month, and further that all appointments and promotions, temporary
or permanent, have been recorded in the Service Books of the persons concerned
under my initials.
(3) Certified
that I have personally satisfied myself that during the month of ___________
19 , for which this bill is drawn, the
number of Constables of different periods of approved service was as follows:---
(4) Certified
that the Head Constables and foot Constables Selection Grade, for whom pay in
excess of the minimum has been claimed, have rendered the required period of
approved service entitling them to the increased pay.
(5) Certified
that on leave has been granted until by reference to the applicant’s leave
account maintained under F. R. 76 I had satisfied myself that it was
admissible, and that all grants of leave and departures on, and returns from
leave and all periods of suspension and deputations, have been recorded in the
Service Books under my initials.
(6) Certified
that no person for whom house-rent allowance has been drawn in this bill has
been in occupation of Government rent-free quarters during the period for which
the allowance has been drawn.
(7) Certified that the Government servants
for whom conveyance allowance has been drawn actually maintained and were not
employed as clerks.
(8)
Certified that Special Pay has
been granted to those actually performing duties of the posts for which it has
been sanctioned.
(9) Certified
that the Government servants for whom leave salary has been drawn equal to
their substantive pay held substantively permanent posts under Government on 24th
August 1927.
|
Number of
Selection Grade Constables on---
|
Number of Foot
Constables.
|
|
Rs. 28,
|
Rs. 27,
|
Rs,. 26,
|
Rs. 25,
|
Rs, 24,
|
Rs, 23,
|
Rs.22,
|
Rs, 21,
|
Rs, 20,
|
1st grade at Rs.
20.
|
2nd grade at Rs.
19.
|
3rd grade at Rs
18
|
4th grade at Rs.
17.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Dated .
Superintendent of
Police.
The 19 .
DETIAL OF PAYOF
ABSENTEES REFUNDED.
|
Section of
Establishment
|
Name
|
Period
|
Amount.
|
|
|
|
|
Rs. As. Ps.
|
|
Total Rs. ..
|
|
*This certificate refers only to
Head Constables, 1st grade, who are in receipt of personal allowance
of Rs. 5.
N. B. – The words “Received
contents” should be scored through by
the Drawing Officer in the case bills presented at the pre-audit counter of
Accountant-General’ Office.
Note. – Date and
amount of the Supplementary Bills.
Pay Rupees
________________________________________________________ (Rs. ________________)
only.
|
|
TREASURY :
|
Examined and entered.
|
|
|
|
|
|
|
|
|
The
|
|
19 .
|
Treasury Accountant.
|
Treasury Officer.
|
|
|
|
|
|
|
|
|
AUDIT REGISTER PAGE SHOULD BE GIVEN AGAINST
EACH SECTIONAL TOTAL.
ADMITTED RS.__________________
OBJECTED TO RS. ______________
Audr. Supdt.
|
|
For use in Accountant – General’s Office.
Deductions :
General
Provident Fund.
Postal
Insurance.
Other
Deduction.
XX III – Police,
Recoveries
of overpayments.
Total
29
– Police, Voted.
Pay
of Establishment,
Travelling
Allowance
Other
Allowance.
Total
Deductions.
Net
POLICE DEPARTMENT ____________
DISTRICT
SCHEDULE OF POSTAL
PREMIA RECOVERY FOR THE MONTH OF ___________________
|
Serial No.
|
Name of official
|
Designation
|
Number of Policy
or contract
|
Amount
|
Remarks
|
|
|
|
|
|
Rs. A .
P
|
|
FORM No. 10-109 (1)
POLICE
STATION ___________DISTRICT
BILL NO. FOR JUDICIAL EXPENSES
In the case of
_________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________________
First
information report No. _________________________, dated _________________ of
__________________________ 19.
|
1
|
2
|
3
|
4
|
|
Date of payment
|
Name and address
of payee or of accused person
|
Full description
and rate of payment
|
Amount
|
|
|
|
|
Rs. a.
p.
|
|
|
|
Total (in
words)rupees
|
|
Note . – A separate bill should be prepared in
each case.
Dated
_____________________
Officer in charge
of the Station
The ___________________19
FORM No. 10-109 (2)
POLICE
STATION ___________DISTRICT
Bill No.
___________ for Departmental Expenses.
(Total No. of
vouchers attached __________)
|
1
|
2
|
3
|
4
|
5
|
|
Serial No. of
voucher
|
Date of payment
|
Name and address
of payee
|
Brief description
of payment
|
Amount paid
|
|
Rs.
|
As.
|
Ps.
|
|
|
|
|
|
|
|
|
|
Total (in words)
|
|
|
|
|
|
|
|
Number of the daily diary report should be
quoted in column 4
Dated
______________________19
Officer in charge
of the Police Station
The _______________________19
FORM
No. 10-110
POLICE
STATION ___________DISTRICT
REGISTER OF
CONTINGENT CHARGES OF FOR
THE MONTH OF ___________ APPROPRIATION Rs. ______________________
|
Date
|
To whom paid
|
Voucher No.
|
Sub-Head
|
Description of charge
|
Order book No.
|
Total of each Contingent
abstract
|
Total up to date
|
Sanction allotment
|
Balance in hand
|
Remarks
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
18
|
19
|
20
|
21
|
|
|
Rs.a.p.
|
Rs.a.p.
|
Rs.a.p.
|
Rs.a.p.
|
Rs.a.p.
|
Rs.a.p.
|
Rs.a.p.
|
Rs.a.p.
|
Rs.a.p.
|
Rs.a.p.
|
Rs.a.p.
|
Rs.a.p.
|
Rs.a.p.
|
|
|
Rs.a.p.
|
Rs.a.p.
|
Rs.a.p.
|
Rs.a.p.
|
Rs.a.p.
|
Here enter Part I,
II, III, IV or V as the case may be.
Note (1) – The names of sub-heads in columns 4-14
should be entered in manuscript on each page of the register.
Note (2) – At the end of each month the total
expenditure for the month, the expenditure from April to date and the balance
shall be entered in red ink. The progress of expenditure, the entire sanctioned
allotment and the balance in hand shall be shown in columns 18, 19 and 20,
respectively.
Note
(3)
– The total of each abstract
Contingent bill will be shown in column 17 and it will correspond with the sum
of the totals of columns 4-14.
form no.10-112(1) (a)
Police Department ______________District
Voucher No.____________
Bill
for contract contingent charges of the office of __________________________________________
for the month of __________________19
Primary
Head
of service – 29 – Police. *Minor
Head D.E.F Unit –––
Contract
|
Number of
sub-voucher
|
Description of
charges
|
Amount
|
|
|
Repairs to arms, tents and
accoutrements –
(a) Petty repair to arms and tents
(b) Carriage of arms, tents and accoutrements
Purchase and repairs of
furniture
Service Postage and telegram
charges
Hot and cold weather charges
Total Charges
Miscellaneous
|
Rs. a.
p.
|
|
|
Total drawn from the Treasury
Rupees (in words)
___________________________________
|
|
Note
(1)
– Open manuscript heads where
necessary.
*Note (2) – Complete account classification should be
entered in colun “Head of Service”.
|
Account of Contract
Allotment
Ammount of allotment
|
|
Amount
|
|
|
Rs.
|
|
|
|
|
Amount
|
|
Deduct –
Total of present Abstract
Total of previous Abstract
Amount of Bills
|
|
|
|
|
Total up to date
|
|
|
|
|
Available Balance
|
|
|
|
Received
payment and certified that the expenditure charged in this bill could not, with
due regard to the interests of the Public Service be avoid. I have satisfied
myself that the charges entered in the bill have been really paid.
Certified that there in single purchase
exceeding Rs.100
Date______________
Head of Office and
Designation
The ____________19
Pay Rupees
______________________________________________
(Rs. __________________).
______________________Treasury Office
Date____________
Treasury Officer
For use in
Accountant-General’s Office
Audit Register page
|
Admitted
Rs.________________________
Objected to
Rs.______________________
Auditor. Asstt. Supdt. Supdt.
|
form no. 10-112(1)(b)
Police Department ____________District
Voucher No.___________
Bill for C class
contingencies of the office of for the month of ____________
Head of 29 – Police. * Minor Head D.E.F.
Service. Primary Unit … Supplies and Services
Secondary Unit
|
Numbers of
Sub-vouchers
|
Description of
charges
|
Amount
|
|
|
Other Allowances and
Honoraria –
Rewards to Government servants … … … …
Grants to
Provincial Service Police officers for uniform, houses and sadlery … … … … … …
Grants to
Imperial Service Police officers for uniform, horses and saddlery … … … … … …
Carriage of
Constabulary … … … … …
Rewards for
proficiency in oriental languages … …
Allowances to
police zaildars … … … …
Cost of railway
warrants … … … … …
Allowances to
holders of King’s Police Medal in active service
Allowance to
holders of Indian Police Medal in active service
Cost of passages
granted under the Superior Civil Service Rules, 1924 … … … … … … …
Supplies and
Services –
Rewards to
private persons … … … … …
Traction of
prison vans … … … … …
Purchase and
repair of gymnastic apparatus … …
Ordnance Stores … … … … … …
Clothing … … … … … … …
Equipment … … … … … … …
|
Rs. a.
p.
|
|
|
Carried over …
|
|
Note – 1 – Open
manuscript secondary unit, if any.
* Note – 2 – Complete
account classification should be entered in column “Head and Service”.
|
Numbers of
Sub-vouchers
|
Description of
charges
|
Amount
|
|
|
Brought forward …
Contingencies–
Rents, Rates and
Taxes … … … … …
Cost of books and
periodicals … … … …
Cost of survey
maps … … … … …
Pay of menials … … … … … …
Allowance to
cattle pound sweepers for sweeping Police Station … … … … … … …
Stationery
purchased in country … … … …
Petty
construction and repairs to buildings … … …
Liveries to peons … … … … … …
Feeding and
keeping of animals of mounted police officers under suspension … … … … … …
Purchase of
type-writers … … … … …
Cost of petrol,
etc., for mobile petrol lorries … …
Carriage of
stolen property of under-trial prisoners …
Purchase of
bicycles … … … … …
Police Lands Fund … … … … … …
Budged allotment
for 19 … … … … …
Deduct –
Total of present
bill … … … … … …
Total of previous
bills … … … … …
Amount of work
bills ... … … … …
Total up-to-date …
Available balance …
|
Rs. a.
p.
|
|
|
Grant Total …
|
|
Rs. (in words) Received
payment and certified –
(1)
That the expenditure charged in the this bill could not, with the regard to the
interest of the public service, be avoided. I have satisfied myself that the
charges entered in this bill have been really paid, with the exceptions noted
below, which exceed the balance of the permanent advance, and will be paid on
receipt of the money drawn on this bill. Vouchers of all sums above Rs.25 in
amount are attached to this bill, save those noted below, (a) which will
be forwarded as soon as the amounts have been paid. I have, as far as possible,
obtained vouchers for other sums, and I am responsible that they have been
destroyed or so defaced that they cannot be used again.
(2) “Certified
that all the articles detailed of the vouchers attached to the bill and in
those retained in my office have been duly received in good order and accounted
for in the stock register. Certified also that the quantities are correct the
quality is good, the rates paid are not in excess of the accepted and the
market rates and that suitable notes of payment have been recorded against the
indents and invoices concerned to prevent payment”.
(3)
Certified that the menials whose pay has been charged in this bill were
actually maintained in Government service during the period concerned.
(4)
Certified that I have satisfied myself that the amounts on account of pay of
menials drawn 1 –2 –3 months previous to this date with the exception of those
detailed below ( of which the total amount has been refunded by deduction from
this bill) have been disbursed to the menials concerned and their receipts
taken.
(5)
Certified that in respect of the conveyance charges charged for in the bill, a
suitable portion of the amount has been charged to Government and the balance
met by the touring officers and their subordinates.
(a)
Specify voucher to follow:---
Head of Office and Designation
Dated
Pay Rupees
(Rs. )
Accountant
_______________Treasury
Dated
Treasury Officer
For use in
Accountant General’s Office
|
Admitted_____________________________________________________________________
Objected to
___________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
Auditor Assistant
Superintendent Superintendent
|
form no. 10-113(1)
Police Department __________
District
Statement showing the half clothing allowance
paid under rule 4-23 during the financial year ____________ in the
_______________ district and recoverabdl under police rule 10-113
|
Particulars
|
Amount
|
|
Amount actually
paid during the financial yar ____________ to_______
Lower
Subordinates at Rs.16 per head on account of clothing deposit under Police
Rule 4-23 … … … … … … …
Half clothing
allowance recoverable under Police Rule 1-113(c) …
|
Rs. a.
p.
|
|
Total …
|
|
Certified that I have satisfied
myself that the sum of Rs.__________________ at the rate of Rs.16 per head has
been paid during the financial year_________________ to ____________ lower
subordinates o this district who were enlisted prior to the 1st of
April 1905 and who have ceased to be members of the Clothing Fund, and that it
is correct.
Superintendent of
Police
------
Office of Superintendent of Police,___________
No._______________,
dated_________________
Forwarded to the Inspector-General of Police, Punjab,
Lahore, for necessary action.
Superintendent of
Police
|
Form No. 10-117(1)
form
of police requisiotion and railway warrant
for office record
Order
No._________ _______ Police office
No.__________
Dated_________19 .
___________District
________Province
Stamp of issuing office
Railway warrant
To
The Station Master,
__________Station
|
Form No. 10-117(1)
form
of police requisiotion and railway warrant
for railway
Order
No._________ _______ Police office
No.__________
Dated_________19 .
___________District
________Province
Stamp of issuing office
Railway warrant
To
The Station Master,
__________Station
Sir, - Conveyance by Railway
is required for the under-mentioned proceeding on duty from ______ to _______via
____________by mail / ordinary train on presentation of this warrant:-
|
Form No. 10-117(1)
form
of police requisiotion and railway warrant
for superintendent of police
Order
No._________ _______ Police office
No.__________
Dated_________19 .
___________District
________Province
Stamp of issuing office
Railway warrant
To
The Station Master,
__________Station
|
|
Rank and name of
men for whom conveyance is required (in case of prisoners, state class of
prisoner, i.e., under trial, convict, etc., under column Rank)
|
Class for which
accommodation is required
|
Authorised and
not to be exceeded
|
Rank and name of
men for whom conveyance is required (in case of prisoners, state class of
prisoner, i.e., under trial, convict, etc., under column Rank)
|
Class for which
accommodation is required
|
Authorised and
not to be exceeded
|
Actually provided
with conveyance
|
Rate
|
Amount
|
Individual of
tickets issued
|
Rank and name of
men for whom conveyance is required (in case of prisoners, state class of
prisoner, i.e., under trial, convict, etc., under column Rank)
|
Class for which
accommodation is required
|
Authorised and
not to be exceeded
|
|
1
|
2
|
3
|
1
|
2
|
3
|
4
|
5
|
|
|
1
|
2
|
3
|
|
Rank
|
Name
|
|
|
Rank
|
Name
|
|
|
|
|
|
|
|
|
Rank
|
Name
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Baggage. (See
Note 2.)
|
Baggage. (See
Note 2.)
|
Baggage. (See
Note 2.)
|
|
|
Nature
|
Amount
|
Weight.
|
Nature
|
Amount
|
Weight.
|
Nature
|
Amount.
|
Weight.
|
|
|
|
|
|
|
|
|
|
|
|
Purpose of
Journey.
|
1. Escort of prisoners.
|
3. Transfer.
|
|
2. Escort of
Government Treasure.
|
4. Other duty
(nature to be specified)
[Delete as may
be necessary.]
|
Station __________________
Date
___________________195 .
Signature and
designation
Of Issuing
Officer
From Station_______________
To Station ________________
Note 1. – Column
1, 2, and 3 must be filled up by the officer issuing the warrant.
Note 2. – Column
for excess personal luggage of policemen are not authorised baggage charged,
and must not be included in this form, but paid for by the owner.
|
Purpose of
Journey.
|
1. Escort of prisoners.
|
3. Transfer.
|
|
2. Escort of
Government Treasure.
|
4. Other duty
(nature to be specified)
[Delete as may
be necessary.]
|
Note 1. – Column
1, 2, and 3 must be filled up by the officer issuing the warrant. Column 4
must be filled up by the officer n charge of the party. Columns 5, 6 and 7
must be filled up by the Railway staff and the requisition after being
completed should be forwarded to the Railway Audit Officer as directed by
local instruction.
CREDIT NOTE.
The Accountant
General.
Certified that
the accommodation shown in column 4 has been provided.
Pay to the
----------------- Railway Administration or order the sum of Rupees
----------------------as particularised above.
Station -------------- dated ----------------
Rupees -------
|
Signature of
Station
|
|
Signature of
Officer
|
|
Master or Clerk.
|
Travelling or
in charge of Police
|
|
|
|
|
Note. 1. – For Instructions,
see reverse.
Note. 2 –Charges for
excess personal luggage of policemen are not authorised baggage charges, and
must not be including in the form, but paid for by the owners.
|
Purpose of
Journey.
|
1. Escort of prisoners.
|
3. Transfer.
|
|
2. Escort of
Government Treasure.
|
4. Other duty
(nature to be specified)
[Delete as may
be necessary.]
|
Station __________________
Date
___________________195 .
Signature and
designation
Of Issuing
Officer
From Station_______________
To Station ________________
Note 1. – For Instructions,
see reverse.
Note 2. – Columns
1, 2 and 3 must be filled up by the officer issuing the warrant. Column 4
must be filled by the officer in charge of the party, and column 5 by the
Station Master who will return the form after completion to the officer in
charge of the party who will forward it to the Superintendent of Police.
Note 3. – Charge for excess
personal luggage of police men are not authorised baggage charges and must
not be included in this form, but paid for by the owners.
|
|
|
|
|
|
|
|
|
|
|
|
REVERSE.
Reverse of foil headed “For
Superintendent of Police.”
The following rules apply to the
Punjab in amplification of those framed by Government of India on reverse of
the foil of this form headed “For Railway”:---
(1) Bound
books of warrants containing 100 forms in each shall be kept locked up. Before
delivery to issuing officers the forms shall be counted in the officer of the
Superintendent of Police.
(2)
Warrant shall only be used by Police Officers
when travelling on duty and for prisoners in their charge.
(3) Warrants shall ordinarily be issued for
journeys by the shortest and cheapest route.
(4) Warrants
shall be written in English in triplicate. The first copy shall be retained in
the book by the issuing officer. The second shall be delivered to the senior
officer of the party travelling, who shall present it at the Railway Ticket
Officer and obtain in exchange the requisite tickets. The third copy shall be
forwarded to the officer of the Superintendent of Police to be filed by the
Accountant. Annual Serial Nos. will be given to each warrant by the issuing
officer. Each warrant will bear in addition to the signature of the issuing
officer the stamp of the Police Office.
(5) If
the party or any of the party are required to return to the place whence
despatched, the officer issuing the warrant for the outward journey shall also
issue a second warrant for the return journey, on the authority of which
tickets shall be obtained at the station whence the return is made.
(6) Police
Officers (except members of the Railway Police whose duties require them to
travel constantly by Railway and whose travelling allowance is covered by Rule
2-74 of the Travelling Allowance Rules) may draw 2/3rd of the fare
of the class in which they are entitled to travel under rule 2-18, and a half
daily allowance for the days of departure and arrival under Rule 2-65 of the
Travelling Allowance Rules.
(7)
The Accountant General will forwarded the
warrants received from the Railway to Superintendents of Police once a month
for check and counter signature in accordance with Rule 7 on the reverse of the
foil of this form headed “For Railway.” They shall be returned to the
Accountant General without fail within a week form the date of receipt.
Reverse of foil
headed “for Railway.”
1. All warrant must be bear the name of
the District and Province, and the designation of the issuing officer. Warrants
will be issued by the Reserve Inspector or Lines Officer.
2. Police
Officer s may use these warrants when travelling by rail on duty.
(3) As members of the Railway Police are
given free passes, they are not allowed to travel on these warrants, except
those members to whom free warrants are issued under rule 2-104 B of the T. a.
Rules. Railway Police may also use those warrants for the conveyance of all prisoners whether connected with Railway
cases or not.
(4) All entries must be in ink. All
alterations must be attested, and no erasures may be allowed. If any warrant is
rendered illegible owing to correction, or otherwise, it must be cancelled and
a fresh one issued.
(5) Great care must be taken to set that the
numbers in column 4 are correct. In the event of the actual number travelling
being less than the number entered in column 3, the person in charge shall
alter the entries in the latter to agree with those in column 4 and shall
initial the alteration, or if warrants ho shall correct and initial it for him.
(6) In exchange for these warrants ordinary
tickets of the class required will be issued.
(7) Warrants shall be treated as cash and
forwarded by the Railway Administration to the Accountant General of the
Province to which the Police party belongs as vouchers for adjustment of the
amounts in the accounts. The Accountant General will pay the amount due to the
Railway Administration at once either in cash or by book adjustment credit in
the Administration’s accounts, subject to corrections as regards overcharges,
if any, brought to notice within six months of the date of presentation of the
credit note by the Railway Administration. He will then forward the warrants to
the Controlling Officer for scrutiny and countersignature and will bring the
amount finally to book after it has been passed by that officer, taking to the
appropriate service head any charges, e. g., freight on prisoner’s
effects or exhibits in a criminal case, which are not debitable to the Police
Budget. Any deductions found to be necessary by the Superintendent of Police
owing to the improper use of warrants will be recovered by him from the officer
responsible and not by the Accountant General from the Railway Administration.
form no. 10-113(1)
Police Department Province
of Range
REGISTER OF
TRAVELLING ALLOWANCE BILLS OF GAZETTED
OFFICERS SERVICE IN THE
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
|
Serial No
|
Date of preparing in the
Range Officer
|
Date of receipt in the Range
Office
|
Date of commencing journey.
|
Date of ending journey
|
Amount claimed
|
Amount passed.
|
Initial of controlling
officer.
|
Date of despatch.
|
Remarks.
|
|
|
|
|
|
|
|
|
|
|
|
(To be drawn by
hand.)
form no. 10-159(b)
TRAVELLING ALLOWNCE
BILL OF ESTABLISHMENT
(IN ENGLISH FOR
ENROLLED OFFICERS
AND CLERKS.)
Form II, Civil Account Code, shall be use, but the
statement of allotment of expenditure given in column 24 of the form shall be
omitted.
On
the first page the following certificate shall be added:---
“ 5. – Also that the following
police officers performed the duties of for which charges are made herein, and
that they were, not employed on executive duty.”
“6. – Also that no Railway warrants
were used for journeys for which 1- 2/3rd fares have been charged in
this Bill.”
A serial No. should be given to each Officer’s Bill.
To
prevent waste of form, inner sheets shall be printed supplied.
------------
form no. 10-159(b)
TRAVELLING ALLOWNCE
BILL (IN URDU FOR
ENROLLED OFFICERS).
The form will be the same as
the English Travelling Allowance Bill of Establishment (vide No. 10-159
(b). In column of “Remarks,” the following shall be inserted:-
“Obtain here the signature of
each applicant opposite the total amount claimed.”
The
certificates, &c., printed on the first page, and the instructions (with
the exception of Nos. 1, 3, 4 and 6), on the last page of the English Bill,
need not be reproduced in the Urdu bill, which will be near the following
certificates:---
(1)
Certified that the journeys noted in the bill
were, to the best of my belief, performed in the interests of the public
service and in the manner named, and that the distances shown are correct.
(2)
That the amount given out of my permanent
advance to the officers named and number has been properly shown and deducted
from the amount of their respective bills.
(3)
That the journeys charged for were not
performed on Railway Warrants.
( A serial No. should be given to each officer’s
bill in column 1.)
To prevent waste of forms, inner sheets shall
be printed and supplied.
form no. 10-113(1)
Police Department
___________
district.
ENGLISH BILL No.
FOR 19 .
(ACQUITTQNACE ROLL No. .)
ACCQUITTANCE ROLL
OF TRAVELLING ALLOWANCES FOR THE MONTH
OF-------------------------------------------
19 .
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
Serial No,
|
Provincial, Range
or Constabulary No.
|
Name
|
Rank and Rage.
|
DATE OF JOURNEY.
|
Amount due to the Officer.
|
DEDUCTIONS.
|
Balance due to
each officer and paid.
|
Signature or seal
of the payee.
|
|
From.
|
To.
|
On account of.
|
Amount.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
GRAND TOTAL Rs.
|
|
|
|
|
Forwarded to the
Officer-in-charge of Police
m, for him to draw Rs. -------------------------
(inc word)
----------------------------------------------- from the Treasury and paying
the amount to the payees. The acquittance roll should be returned by the 20th instant, duly stamped (if necessary) and
signed by the payees.
Date____________
Superintendent of
Police.
The
_________________19 .
Certified
that the amount has been paid to the actual payees. It is returned duly stamped
(where necessary) and signed.*
Date____________
Superintendent of
Police.
The
_________________19 .
*Note.
– State here the amount undisbursed (quoting the Serial Nos.), cause of
non-disbursement, and the name of the Officer to whom it is returned.
form no. 10-160(5)
Police Department
___________ district.
REGISTER OF TRAVELLING ALLOWANCE BILLS OF ENROLLED OFFICERS FOR THE
FINANCIAL YEAR 19 .
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
|
Annual Serial No. of the
English Bill.
|
Serial No, of each
individual in the English Bill.
|
Provincial, Range or
Constabulary No,
|
Name,
|
Rank and grade.
|
Journey.
|
Total amount for each
Officer.
|
Total amount for each
English Bill.
|
Annual serial No, of Urdu
acquittance roll and Serial No. of each individual in column 1 of he roll.
|
Dates of enoashmet of the
bills Signature of the Superintendent opposite the Total (column 10). Any
other information or remarks necessary.
|
|
Date.
|
Purose.
|
|
From.
|
To.
|
|
|
|
|
|
TOTAL.
|
|
|
|
Rs. a.p.
|
Rs. a.p.
|
|
|
|
|
|
|
|
|
FORM
No. 10-166(1)
POLICE
DEPARTMENT ____________
DISTRICT.
BUDGET ESTIMATE OF
POLICE LANDS CONTINGENT GRANT FOR THE YEAR.
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
Serial No.
|
District.
|
Actual for past
year.
|
Estimated for
current year.
|
Average based on
actuals of past 3 years.
|
Estimated for
next year.
|
Remarks.
|
|
|
Receipts.
|
|
|
|
|
|
|
1.
|
Opening balance
on 1st April in columns 3, 4 and 6*.
|
|
2.
|
Receipts.
|
|
3.
|
Total receipts
including balance*.
Total …
|
|
|
Expenditure.
↕
|
|
|
|
|
|
|
4.
|
Establishment … …
|
|
5.
|
Contingencies … …
|
|
|
|
|
|
6.
|
Total expenditure …
…
|
|
|
Total …
|
|
|
|
|
|
7.
|
Closing balance
on 31st March in column 3, and estimated closing balance on 31st
March in column 4 and in column 6*.
|
|
|
|
|
*If a debit sum show in red ink.
The
annual allotment should not be taken as a receipt.
Should
column 6 exceed column 5, full explanation giving details of proposed estimated
expenditure should be given on reverse with reasons for excess expenditure.
Date____________
Superintendent of
Police.
The _________________19 .
FORM No, 10-166(3)
POLICE
DEPARTMENT ____________ DISTRICT.
DEPUTY INSPECTOR
GENERAL’S BUDGET ESTIMATE OF POLICE LANDS CONTINGENT GRANT FOR THE YEAR
19---------. 19----------.
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
|
Serial No.
|
Name of District
|
Actual Balance on 1st
April 19 ,*vide Police Lands
Fund Cash Book prescribed in rule 10-27(1)(a)
|
Estimated Balance on 1st
August 19 .
|
Estimated Receipts for
19 .
|
Total of columns 4 and 5
|
Estimated
Expenditure for 19 .
19 on
|
+Total estimated Expenditure
for 19 -19 .
|
Estimated on 31st
March 19 .
|
Allotment now proposed
|
Remarks
|
|
Establishment
|
Contingencies
|
|
|
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
Rs. a. p.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
* Debit balance to
be shown in red ink.
+ Initial
expenditure on sports should be separately shown in this column
Date____________
Superintendent of
Police.
The _________________19 .
(STANDARD FORM)
CHAPTER X –
Accounts.
This
chapter is divided into eight parts—
General Scope,
I
Income,
II
Payments,
III
Cash Book,
IV
Salary and Allowances,
V
Contingent Charges,
VI
Travelling Allowance, and
VII
Miscellaneous.
PART I
General Scope
10-1. Authority for the scope of the chapter –
(a) The rules in this chapter are
founded on the Fundamental Rules, Civil Account Code, Punjab Budget Manual,
Punjab Treasury Manual, and Punjab Financial Hand-books. The portions of these
volumes, which bear on the keeping of police department accounts, have been
quoted, consolidated or adapted to terms of the usage of the department in
sufficient fullness to make the chapter an adequate guide to all police
officers and clerks in the normal maintenance and check of accounts and
receipts and expenditure of Government funds. The original authorities are,
however, available in all administrative and district offices, and familiarity
with them is required of gazetted officers and clerks of English offices and
pay branches; for detailed inspections and in cases of uncertainty the original
authorities should always be referred to.
(b) The
orders in this chapter do not affect money and property in criminal cases, the
instructions regarding which are contained in rule 27-17 et seq.
10-2. Responsibility of Heads of Officers – The
following table shows the collecting and disbursing officers under the various
minor and sub-heads of the Receipt major head “XXIII-Police” and the
Expenditure major and “29-Police” as specified in appendix D of the Punjab
Budget Manual:---
|
Major head
|
Minor head.
|
Collecting officer.
|
Disbursing officer.
|
|
1
|
2
|
3
|
4
|
|
XXIII – Police
|
1.
Fees, fines and forfeitures
2. Miscellaneous-
(i)
Police Lands receipt.
(ii)
Miscellaneous. …
|
Superintendent of
Police
Superintendent of
Police
Superintendent of Police, Principal,
Police Training School, and Assistant Inspector-General, Government Railway
Police
|
. . .
. . .
. . .
|
|
Major head
|
Minor head.
|
Collecting officer.
|
Disbursing officer.
|
|
1
|
2
|
3
|
4
|
|
 XXIII –
Police
|
3.
(i) Fees for students from Indian States admitted to the Police
Training School, Phillaur.
(ii)
Contribution from Indian States towards the Finger Print Bureau.
(iii) Leave Salary contribution of
officers lent on foreign service.
(iv) Contribution towards passage of
Government servants lent to other Government .
(v) Contribution towards passage of Government
servants lent on foreign service.
(vi)
Recoveries of contribution towards hors, saddlery and uniform
allowances of officers lent on foreign service.
(vii) Refunds allowed by the military
authorities on account of Ordnance Stores returned to Arsenals.
(viii)Receipts account of additional
Police employed under sections 13, 14 and 15 of Police Act V of 1816:-
(a)
Police supplied to Public Departments (Police Rule 10-23).
(b)
Police supplied to private persons (Police Rule 10-21).
(c) Police quartered in
4.
Recoveries of over-payments
|
Principal, Police Training School,
Phillaur
Superintendent of Police in charge Finger Print
Bureau
Inspector-General of Plolice
Accountant General . .
Accountant General . .
Accountant General . .
Superintendent of Police
Superintendents of Police and Assistant
Inspector-General, Government Railway Police
Inspector-General,
Deputy Inspector-General, Assistant Inspector-General, Government Railway
Police, Principal, Police Training School, Phillaur, Superintendents of
Police and Superintendent in charge, Finger Print Bureau
|
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
|
|
Major head
|
Minor head.
|
Collecting officer.
|
Disbursing officer.
|
|
1
|
2
|
3
|
4
|
|
XXIII – Police
29 – Police
|
5.
Deduct Refunds . .
1. Superintendents
2. District
Executive Force -
(i) District Police Force
(ii) Police employed under sections 13, 14 and 15
of Police Act V of 1816
(iii) Other Police . .
3. Police
Training School –
|
. . .
. . .
. . .
. . .
. . .
. . .
|
The Collecting officers shown against the
minor heads 1 to 6 above are disbursing officer under this head
Inspector-General of Police and Deputy
Inspectors-General of Police for their own offices
1. Superintendents
of Police
2. Senior
Assistant Superintendent of Police, Lahore.
3. Inspector-General
of Police inrespect of the units.
I) Traction
of prison vans.
II) Purchae of
typewriters
III) Purchase
of tents
IV) Purchase of
bicycles, the grants under which are kept in reserve with him. Also for the
reserves under the units “Clothing and “Equipment”.
Ditto
Principal of the Police Training School. The
Principal is also a Disbursing officer for the minor heads “District
Executive Force”, “Railway Police” and Criminal Investigation Department “ in
respect of the Police officers and men under training at the School.
|
|
Major head
|
Minor head.
|
Collecting officer.
|
Disbursing officer.
|
|
1
|
2
|
3
|
4
|
|
29 – Police
|
4. Special
Police –
(i) Border Military Police
(ii) Baluch Levy
5. Railway
Police, North Western Railway
6. Criminal
Investigation Department
7. Cattle-pounds
8. Miscellaneous
– Other Items
|
. . .
. . .
. . .
. . .
. . .
. . .
|
Commandent and Deputy Commissionder, Dera
Ghazi Khan
Ditto
Assistant
Inspector-General, Government Railway Police
Deputy
Inspector-General of Police, Criminal Investigation Department,
Superintendent incharge of the Finger Print Bureau in respect of the grant
for the staff of the Bureau.
Deputy
Commissioners.
Superintendent
of Police, Principal, Police Training School, Deputy Inspector-General of
Police, Inspector General of Police.
|
Note-1 under
Article 13(G) of Civil Account Code, Volume 1. These officers personally
responsible for the strict observance of correct procedure in regard to the
disposal of all money, which is required to be received or disbursed through
their offices and for the maintenance of accounts. Subject to the approval of
the Deputy Inspector-General, a Superintendent of Police may delegate the duty
of supervising accounts to a specified gazetted officer. When such a delegation
is made, the treasury officer should be informed officially that the officer
has been authorized to sign bills, cheques, etc.; a specimen of his signature
being furnished to the treasury. Such delegations do not relieve Superintendents
of their ultimate responsibilities as collecting and disbursing officers.
10-3. Definitions – The technical terms in this chapter are used in the sense in which they
are defined in the Account Manuals referred to in rule 10-1(a). Those
definitions should be understood by all gazetted officers, clerks and
accountants. Only a few such definitions, a knowledge of which is required by
officers to whom the manuals are not accessible, are reproduced here:---
(a) General definitions.
Average pay means the average monthly pay earned during the 12
complete months immediately preceding the month in which the event occurs,
which necessitates the calculation of average pay:---
Provided that in the case of a Government
servant deputed out of India who draws pay as laid down in rule 51(a),
Punjab Financial Handbook No.2, Volume I, his average pay shall be assumed to
be the full pay which he would have drawn if no duty in India (Rule 9(2),
Punjab Financial Handbook No.2, volume 1).
Compensatory allowance means an allowance granted to meet personal
expenditure necessitated by the special circumstances in which duty is
performed. It includes a traveling allowance. A compensatory allowance is not
taken into account in calculating pension, or leave salary for periods exceeding
four months. (Rule 9(5), Punjab Financial Handbook No.2, Volume I, Article 488,
Civil Service Regulations, and Rule 14-2, Subsidiary Rules).
Special pay means an addition of the nature of pay, to the
emoluments of a post or of a government servant, granted in consideration of:–--
(a) the
special arduous nature of the duties; or
(b) a
specific addition to the work or responsibility; or
(c) the unhealthiness of the locality in
which the work is performed (Rule 9(25), Fundamental Rules).
Special pay is taken into account in
calculating pension and leave salary (Article 486 (j), Civil Service
Regulations, and Rule 9-21 (a) (ii) read with rule 87,
Fundamental Rules).
Subsistence grant means a monthly grant made to a Government servant,
who is not in receipt of pay or leave salary. (rule 9 (27)of the Fundamental
Rules.)
(b) Definitions
specially applicable to traveling allowance.
Actual traveling expenses means the actual cost of transporting a Government
servant with his servants and personal luggage, including charges for ferry and
other tolls, and for carriage of camp equipment, if necessary. It does not
include charges for hotels, traveller’s bungalows, for refreshments, or for the
carriage of stores or conveyance, or for presents to coachmen and the like; or
any allowance for such incidental losses or expenses as the breakage of
crockery, wear and tear of furniture and the employment of additional servants.
(Rule I.I, T.A. Rules.)
Camp equipment means tents and the requisites for pitching and
furnishing them, or, where tents are not carried, such articles of camp
furniture as it maybe necessary in the interests of the public service for a
Government servant to take with him on tour. (Rule I.5, T. A. Rules.)
Chief public officer means-
At the headquarters of a district – The court of the Deputy Commissioner.
At an outpost tahsil – The court of the officer in charge of the outpost or
tahisl.
At all other places – The Police station, or, if there be no police
station, the post office, or, if there be no post office, the point designated
by competent authority. (Rule I.6, T. A. Rules.)
Day means a calendar day, beginning and ending at midnight; but the period
occupied by a journey which begins and ends at headquarters and which does not
exceed twenty-four hours shall be reckoned for all purposes as one day, at
whatever hour the absence begins or ends. (Rule I.9, T. A. Rules.)
Family means a Government servant’s wife, legitimate and
step children residing with and wholly dependent upon him. Except in Appendix IO.121
(b) it includes in addition his parents, sisters, and minor brothers, if
residing with, and wholly dependent upon him. Not more than one wife is
included in a family for the purpose of these rules. (Rule I.( T. A. Rules.)
Inferior Service in the police
department includes all constables in respect of traveling allowance only, as
their service is in other respects “superior”- and non-enrolled menials such as
khalasis, gardeners, chaprasis, bhishties and sweepers. (Serial No,. 16 of
Appendix A, Subsidiary Rules.)
Holiday means either a holiday prescribed under the
Negotiable Instruments Act or a day on which officers, or a particular office,
are ordered by Gazette notification to be closed without reserve or
qualification. (Rule I.17, T. A. Rules.)
10-4. Responsibility of drawing and countersigning
officers – The following Articles from
the Civil Account Code are reproduced for guidance of police officers as to the
responsibilities attaching to the signature and countersignature of bills. The
rules relate specially to contingent expenditure, but the principles apply to
official expenditure generally.
(a) Every public officer should exercise the same vigilances
in respect to petty contingent expenses as a person of ordinary prudence would
exercise in spending his own money. The drawing officer is further responsible
for seeing that the rules regarding the preparation of vouchers are observed,
that the money is either required for immediate disbursement or has already
been paid from the permanent advance, that the expenditure is within the
available appropriation and that all steps have been taken with a view to
obtain an additional appropriation, if the original appropriation has either
been exceeded or is likely to be exceeded, and that in the case of contract
contingencies the proposed expenditure does not cause any excess over the
contract grant. (Article 91, Civil Account Code, Volume I.)
(b) It
is the duty of a countersigning officer to see that the charges made in a
contingent bill are of obvious necessity, and are at fair and reasonable rates
; that previous sanction for any item requiring it is attached ; that the
requisite vouchers are all received and in order, and that the calculations are
correct ; and specially that the grants have not been exceeded or are not
likely to be exceeded, and that the Accountant General is informed either by a
note on the bill or otherwise of the reason for any excess over the monthly
proportion of the appropriation. If expenditure be progressing too rapidly, he
should communicate, with the disbursing officer, and insist on its being
checked. (Article 92, Civil Account Code, Volume I.)
10-5. Control
and check on progress of expenditure – To facilitate a check on the progress of expenditure by the Deputy
Inspector of Police, the inspector General of Police and the Accountant
General, a series of return has been prescribed, for which the necessary “M.B.”
forms are obtainable as “universal forms” in the manner prescribed in rule
II-43. The procedure detailed in paragraph 14-5 of the Punjab Budget Manual is
summarized as follows:---
Disbursing officers are required to
maintain for all expenditure, registers in form B.M. 29. In these registers the
accounts classification shall be shown according to the headings of the form,
and the allotment under each unit shall be entered in red ink at the top of
each column. A small slip Form B.M. 28 (Bill Extract) is required to be
attached to each bill (other than pay bills) and is returned with the cash or
cheques by the treasury officer. The amount of each bill, with the number of
the treasury voucher as shown in the Bill Extract, shall be entered under the
appropriate heads in form B.M. 29. At the end of each month the expenditure
shall be totaled and the un expended balance under each unit entered in red ink
at the head of the ensuing month’s account. On the 3rd of each month
disbursing officers shall submit to their controlling officer and the Inspector
General of Police a copy of their B.M. 29 account for the preceding month, with
the forms B.M. 28 on original and an abstract in form B.M. 31 in respect of
both the general cash account and the additional Police account. Ac copy of the
abstract in B.M. form 31 should be sent to the Deputy Inspector General.
Controlling officers are required to
follow the above procedure for expenditure incurred directly be them, and also
to maintain registers in form B.M. 30, in which the returns received form
disbursing officers shall be entered to enable them to effect control on the
progress of expenditure. They should compare the entries in B.M. 29 accounts
received from disbursing officers with schedules (B.M.28) received from
treasury officers which show the payments made by them. The Inspector General
of Police is required to consolidate all returns in form B>M.31 and send it,
with the original statements from which his return has been complied, to the
Accountant General, so as to reach him by the 20th of the month
following that to which the accounts relate. Discrepancies are then reconciled
by the Inspector General and the Accountant General, and corrections are
notified to controlling and disbursing officers.
Disbursing officers are also required to
submit not later than the 3rd of each month to the controlling
officer and the Inspector General of Police a departmental return in form 10-5
showing under each primary and secondary unit the allotment, expenditure
incurred during, and the balance available at the end of the preceding month,
both for the general cash account and the additional Police account. This is
necessary to enable the latter officers to effect control and watch the
progress of expenditure under each primary and secondary unit.
The above procedure is additional to the
detailed accounts of contingent expenditure prescribed in Rule 10-110.
10-6. Pages of registers to be numbered – The pages of all account registers all be numbered,
and a gazetted officer shall certify on the inside of the cover of each
register the number of pages which it contains. Instructions regarding the
upkeep of registers and preparation of bills, etc., have, where necessary, been
given as foot-notes on the specimen forms of the registers, etc., concerned.
10-7. Accountant – (1) In each district, in the Police Training School, Criminal
Investigation Department and Railway shall be primarily responsible for the
accuracy of the accounts and for the safe and proper custody of all monies,
stamps, vouchers consists of keeping accounts ; the less of performs the duties
of a cashier the better. In the office of the Inspector General and of each of
the range Deputy Inspector General the duties assigned to the accountant shall
be performed by the clerk appointed for this purpose, under the direct and
detailed supervision, in the former office, of the branch head assistant and
superintendent and, in the latter office, the head clerk.
(2)
Every accountant shall furnish security which shall be proportionate to the
strength of the district establishment and shall be fixed at the rate of Rs.
100 for each hundred men or part of a hundred men (upper and lower subordinates
combined). The amount of security to be furnished by the assistant accountant
will be fixed at the discretion of the Superintendent. Security deposits,
whether made in cash or in one of the security forms specified below, shall be
covered by a bond or agreement (in Public Works Department forms Buildings and
Roads Stereo No. 83 and 84 suitably adapted) setting forth the conditions under
which the security is held and may be ultimately refunded or appropriated.
If the officer is not able to furnish the
amount of cash in a lump sum it may be deducted from his pay in instalments.
Or, as an alternative to cash security, he may be permitted, if he so desires,
to take out a fidelity policy involving the payment of a small monthly premium.
By such a policy Government can get a much larger security, but the officer
concerned loses to the extent of the premium paid. Security can also be taken
in any of the following form:---
|
 (a) Government Securities other than Post
Office – 5 years cash certificates.
|
Under the rules in chapter VIII of the
Government Security Manual issued by the Controller of the Currency.
|
|
(b)
Municipal Debentures and Port Trust Bond.
|
|
 (c) Post
Officer – 5 years cash certificates.
|
Under the rules for Cash Certificates
and Saving Bank Accounts issued by the Post Office.
|
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(d) Post
Office Savings Bank Pass Books.
|
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(e) Deposit Receipt of any bank, provided that
the authority demanding the security decides that the bank concerned is a
reputable firm engaged in regular banking business.
|
The depositor should be required to
get the receipts made out in the name of the pledgee. The receipts should be
sent for safe custody to the district treasury with instructions to permit
the depositor to draw interest when it falls due.
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10-7-A. Security – Besides the Accountants, Assistant Accountants,
Prosecuting Inspectors and Prosecuting Sub-Inspector who are required to
furnish securities under Police Rules 10-7 and 27-5 respectively the following
Police Officers who are entrusted with the receipt and custody of cash or
stores may be required to furnish securities as provided in rule 3-5, Chapter
III Financial Hand Book No. I. Securities should betaken in any of the forms
mentioned in P.R.10.7 and upto the amount mentioned against each:---
Rs.
Reserve Inspector … … … … … … 1,000
Lines Officer … … … … … … … 500
Sub-Inspector in charge Police Station or an
Additional Sub-Inspector where one is sanctioned. … …
500
Head Constable employed as Clerks in Police Station. … 200
Note – No security need be taken from permanent Police Officials when they
are required to officiate in appointments in which security is generally taken,
if the officiating appointment is not expected to continue beyond six months.
10-8. Erasures and corrections – (1) Erasures and over writings in any account
register, bill, schedule or cash book are strictly prohibited. If any
correction is necessary the red ink and the correct entry inserted, the
correction being initialed by the officer responsible for signing the bill or
checking the register. This rule applies to all account records, not only to
those maintained in English. (Article 30, Civil Code, Volume I.)
(2) All corrections and alterations in a
voucher shall be attested by the initials of the person signing the voucher or
of the officer making the payment.
10-9. Claims for payment of arrears – Claims to arrears of pay or allowances or increments,
which have been allowed to remain in abeyance for a period exceeding one year,
cannot be investigated by the Accountant – General, except under special orders
obtained from the authority competent to appoint the officers by whom the claim
is made. The investigation of claims which are more than three years old can
only be sanctioned under the orders of the provincial Government. The period of
three years will ordinarily be counted form the date the claim was due. Where,
however, orders under which the claim has arisen have been passed by a
competent authority some time after the lapse of the period to which the claim
relates, the period of three years should run from the date of the orders of
that authority. No claim not preferred within six months of its becoming due
can be paid by a treasury officer without the sanction of the Accountant –
General, but this rule does not apply to claims of Rs.5 and less which are
preferred within one year of their becoming due. [Civil Account Code, Volume-I,
Article 8 (b) and (c)].
PART – II
Income Receipt of Money.
10-10. Responsibility – It is the duty of gazetted officers to see that all
income claimable is claimed, realized and paid into the treasury. It is not
optional with them to waive a demand for payment which is necessary by law or
by rule. They should carefully bear in mind that collections must not, on any
account whatever, be left out of the treasury, by should be paid in on the
actual date of receipt, funds to meet authorised charges
connected with such collections being drawn separately from the treasury on a
proper voucher.
The appropriation of departmental income
to departmental expenditure is strictly prohibited. (Article – I, Civil Account
Code, Volume – I.)
10-11. Money to be lodged in the treasury – All transactions to which any officer of Government is
a party in his official capacity must, without reservation, be brought to
account, and all money received shall be lodged in full its appropriate
account, or shall be kept in the police cash chest: provided that permanent
advances may remain in the hands of officers to whom they are distributed and
sums received for immediate disbursement on account of duly authorized orders
for payment may be kept in the custody of the disbursing officers for such
short period as may be necessary to secure the attendance of the payee. If such
attendance cannot be secured within a reasonable time, the sum concerned should
be refunded to the treasury and drawn again later when required. (Article I,
Civil Account Code, Volume I.)
10-12. Cash Chests – Police cash chests shall be marked as such, and shall be kept in the
single lock room of the treasury. They are intended for the safe custody of the
cash box, which may, under the authority of the Superintendent, be removed on
working days from the treasury to the police officer, and, if so removed, shall
be returned to the treasury before business is closed for the day. Both the
cash chest and cash box shall have two outside locks, the keys of one lock to
be kept by the accountant and of the other by the superintendent, or, in his
absence, by the officer delegated with authority under rule 10-2.
A memorandum showing the receipt,
expenditure and balance of money in the cash box shall be kept in it in Form
10-12. When any money is placed in or drawn from the cash box an entry to this
effect shall be made immediately. The officer holding the keys of the second
lock for the time being shall check the cash chest account on every working day
that the chest is removed from the treasury, and certify that he has done so,
initialing at the same time any fresh entry made during the day.
10-13. Safe custody of sums received when office is
closed – (1) When money sent to
headquarters from a police station cannot be immediately disbursed or put into
the cash chest, the person bringing the amount shall make it over, together
with the documents pertaining to it, to the Lines officers, who shall deposit
them in the iron safe, embedded in the verandah of the Quarter Guard room,
under the view of the sentry, until such time as the money can be brought to
account. The Lines officer shall at once give a regular receipt to the person
depositing the money, and shall make and entry regarding its receipt in the
Lines cash book an diary, and shall thereafter be responsible for sending it
together with the papers to the accountant. The road certificate, however,
shall be retained and pasted in the Lines receipt book. A regular receipt for
the amount shall then be obtained by the Lines officer from the police office
and filed with the road certificate.
(2) Money received on behalf of Government
from individuals or other offices on holidays, or after the closing of the
treasury for business, shall similarly be deposited in the Lines safe, after
being entered, if possible, in the receipt side of the general cash book. The
Lines officer shall act in respect of such sums as described in sub-rule (I).
(3) Cheques and remittance transfer
receipts, which have not been endorsed and are awaiting disposal, shall be kept
by the accountant with his permanent advance. This permanent advance shall be
kept in a separate locked box in the Lines safe at all times when the office is
closed.
10-14. Receipt Books – (1) Each Superintendent, Deputy Inspector General, the Assistant
Inspector General, Government Railway Police, and the Inspector General shall
keep a printed receipt book, the pages of which shall have printed serial
number, in form No, 10-14 (I), the office copy being made by the carbon copying
process. For every sum of money credited to the accounts in the office a
receipt shall be given over the signature of a gazetted officer or an inspector
in the district office, by the head clerk in the range office and by
Superintendent in the Central Police Officer, to the person from whom money is
received for credit to Government or on account of rewards:---
Provided that, if money is
recovered from any subordinate police officer by means of deductions from his
salary in an acquittance roll, a receipt need not be issued.
(2) The officer signing
the receipt must compare the entries with the cash book and initial the entry
or entries in the latter. In preparing these receipts the instructions
contained in Article 13 (c) of the Civil Account Code should be
followed.
(3) All police officers
who collect and remit money shall forthwith give to the tendered of such money
a receipt in the prescribed form, and, when they credit such money to
Government account either in a sub-treasury or by making cash remittance to
headquarters, they must obtain a receipt either in the form issued by the
treasury or in this form. For the purposes of this rule, the Lines officer, the
prosecuting inspector at headquarters, the prosecuting sub-inspector at
sub-divisions and all officers in charge of police stations will be supplied
with a book of receipt forms, after the formalities required by sub-rule (5)
below have been complied with.
(4) A road certificate is
an invoice and not a receipt for this purpose. Road certificates shall be
pasted in the receipt book in the place of the receipts issued from
headquarters, and the corresponding receipts shall be pasted in place of the
road certificate in the register of the place of issue. Reference shall be
given in treasury receipts (rule 10-19 (2) to the annual serial number of the
receipt issued in form No, 10-14 (I).
(5) Before bringing a
receipt book into use the accountant shall check the sequence of the numbers
printed on each receipt, and mark each with the office stamp, but in the case
of receipts issued from police lines, police stations or offices of prosecuting
inspectors or sub-inspector they shall also be marked with the seal of the
respective office. Any discrepancies shall be brought to the notice of a
gazetted officer who shall note the fact in the book.
(6) Blank books whether in
English or in Urdu shall be kept under lock and key by the head clerk, and a
register shall be maintained by him regarding their issue.
10-15. Receipt of Money Orders or cash by post – (I)
Postal receipts for money orders shall be signed only by a gazetted officer or
by an inspector in the district office, by the head clerk in the range office
and by the Superintendent in the Central Police Officer, after the amount has
been entered in the cash book and the entry initialed. The amount and name of
the remitter shall be inserted in the coupon if it has not already been noted
by the remitter.
(2) Currency notes or
postage stamps received through the post in payment of Government dues shall be
entered immediately in the general cash book and the entry initialed by a
gazetted officers, head clerk or Superintendent, Central Police Office, in
token that he has seen and signed the receipt. The precautions laid down for
the handling of postal matter containing such remittances are contained in rule
11-23.
(3) As the Postal
Department obtains receipts for payment made by it on its own forms, it is
unnecessary to issue receipt in form 10-14 (I) in such cases. In order that,
for purposes of check, there may be a receipt in form 10-14 (I) to correspond
with each item of money received, a form will nevertheless be made out, but the
duplicate will not be torn off and issued, and when, as in the case of money
orders a coupon remains in the hands of the payee, such coupon will be pasted
on to the form. A similar procedure shall be followed in the case of sums
received from other departments of Government, which take receipts from payees
in their own forms.
10-16. Specimen
signatures – When a gazetted
officer makes over charge of his officer to another, a facsimile of the
reliving officer’s signature shall be sent to the treasury officer. Specimen
signatures of gazetted officer, inspectors, head clerks in the range offices
and the Superintendent in the Central Police Office should be requested not to
accept the signatures on money order etc., of any officers other than those
whose specimen signatures have been supplied.
10-17. Road certificates – All sums of money sent from one police office or
station to another shall invariably be accompanied by a road certificate in
Form 10-17, the officer copy being made by the carbon copying process. The worked
“Entered in cash book” shall be written by the accountant in column 7 of the
road certificate, after the amount has been so entered and the entry initialed
by a gazetted officer, inspector, head clerk of Superintendent, Central Police
Office. Road certificates shall also be used for obtaining an acknowledgment of
the receipt of money sent to police stations for disbursement, when such
remittance cannot be made otherwise than by hand.
10-18. Refunds – Sums
required to be withdrawn on account of miscredit
or for refund to the person paying the amount shall be drawn in accordance with
the orders in Articles 113 and 114 of the Civil Account Code. Such refunds
require the sanction of the Deputy Inspector General or his counter signature.
10-19. Credits into treasuries – (1)
Payments of money into a treasury shall be accompanied by a chalan (Form
A.T. 192) nature of the payment and on whose account it is made. Chalans
shall ordinarily be in duplicate. One copy will be returned after being signed
by the treasury officer if the payment is of Rs.500 or over, and otherwise by
the accountant and the treasurer. When payment is made for Tahsildari letters
of credit or cash orders of the copy of the chalan will suffice. When
sums are sent to the treasury for credit to police income for the General
Police Fund the name of the sub-head or sub-heads shall be noted in the chalan.
(Article 5, Civil Account Code, Volume I.)
(2) In order to avoid the remittance of
money by hand, sums received at police stations for credit to Government may be
paid into sub-treasuries on receipt of orders in each case from the
Superintendent. The tahsil receipt shall be submitted to the Superintendent,
who will credit the amount in his cash book. All such treasury receipts shall
be pasted into a file book to be called the file of treasury receipts, and
shall be serially numbered for the financial year, references being given as
required by the rule 10-14 (4).
10-20. Chanda Fund Register – (1) The
Superintendents of those districts in which mounted police are posted, shall
keep up a Chanda Fund subscription register in Form 10-20 (1). The amount of
each subscription shall be entered each month as it is received.
(2) At the time of drawing salaries, or at
the end of the month the columns shall be totaled. In the case of Lahore
district the amount will be remitted to the treasury, with a challan in
Form No. 10-20(2) to be prepared by the carbon copying process. All three foils
of this chalan shall be signed by the treasury officials concerned who will
retain one, the other two being returned to the officer paying in the money.
One of these shall be kept in the Superintendent’s officer on the file of
treasury receipts as a receipt for the remittance, and the other shall be sent
to the office of the Inspector General. In the case of all other districts the
amount of recoveries made from pay bills or in cash shall be retained till they
amount to Rs. 25 when they will be remitted to the Inspector General of Police
direct by a Remittance Transfer Receipt to be obtained from to. Treasury under
Article 169 C. A. Code, Volume I.
10-21. Charges for additional police – Superintendents shall bill parties and corporate be
supplied with additional police month by month in advance. Such bills shall be
prepared in Form 10-21, and shall receive and annual serial numbers. Officer
copies shall be kept.
If duty be likely to last
less than a month, the cost for the entire period such police are likely to be
employed shall be recovered. Additional police shall not be supplied until the
advance payment required by this rule has been received.
10-22. Scale of charges – (1) Except in cases where special scales have been
fixed charges shall be made for additional police during the time they are
employed, according to the specimen scales and instructions contained in
Appendix 10.22 (1).
(2) The following points
are to be noted in connection with the calculation of charges:---
(i) The
hutting charges should be calculated so as to include not only the actual rent
paid for the quarters occupied by the police but also the cost of such repairs,
white-washing and petty alternations to the buildings, as fall to the
responsibility of the tenant according to the terms of the lease.
(ii) For periods of less than 2 months, annual charges for
clothing and equipment will be levied on the following scale:---
Less
than one month -- No charges
From 1 to 3 months -- ¼ charges.
From 3 to 6 months -- ½ charges.
From 9 to 12 months -- Full charges.
(iii) Initial charges (See Appendix 10-22 (I)) shall only be
made when extra police are entertained, and such charges shall be at full
rates. Charges calculated on the basis of annual charges and including
conveyance allowance, contingencies, leave and pensionary charges shall be made
in all cases, even if extra police are not actually enlisted.
(iv) In those cases (for instance, guards supplied to the Imperial
Bank of India) in which a fixed number of additional police are supplied
throughout the year and the accounts are adjusted monthly, the chares for
clothing, equipment and rewards shall be calculated at one-twelfth of the
annual rates.
(v) When
the duty for which additional police are provided involves traveling, the
actual amounts disbursed from the continuant grant (carriage of constabulary
and traveling allowance) on account of such journeys shall be recovered from
the party to whom the police have been supplied; provided that expenses
incurred in consequence of routine transfers ordered in the interests of the
general police administration shall not be so charged.
(vi) The amount of pension contribution, which is shown as a
separate item in the statement of cost of additional Police posts, should at
the time of recovery be credited direct to the Head “XLIV – Receipts – in – aid
of Superannuation –Pension individuals etc., in the treasury.
(vii) The sum realized as pay of a contingency reserve of constables
will be utilized for the entertainment of such reserve on the scale of one –
sixth of the number of constables provided.
10-23. Charges for additional police supplied to
departments or officers of Government – (1)
The charges for additional police supplied to departments or officers of
Government when permission to raise extra men is given by the Provincial
Government, shall be in accordance with the above rules except that no charges
shall be made for pension.
(2) The salaries and expenses of extra police officers so
employed and supplied shall be recovered as follows:---
(a) When the duty lasts for one year or
less, - by bills on account of salaries and contingent charges submitted to the
officers or departments concerned for adjustment by book transfer (vide rule
2.13 (3)).
(b) When the duty lasts for more than one
year and when the procedure is sanctioned by the Inspector – General, - by
inclusion of the amounts in the salary and contingent bills of the regular
establishment. In the latter case the inter – departmental adjustment is made
in the books of the Account – General.
10-24. Charges to be made for additional police
located in disturbed or dangerous areas – In
applications for the location of additional police under section 15 of Act V of
1861, the cost shall be calculated in accordance with rule 10.22. The rates
prescribed by Appendix 10.22 (I) make no mention of charges for superintendent
the provision of trained men in place of recruits, armament and interest
charges during the period of recovery of the cost. They are, however, so
calculated as to include provision for these items, but as they cannot be
assessed with exactitude the resulting total is to be regarded as a limp sum
figure and rounded to the nearest hundred rupees. The cost of housing, whether
on account of rent or the erection of suitable quarters, shall be included,
unless a suitable building in the communal ownership of the persons to be
charged with the cost of the post is placed at the disposal of the Police
Department. In the latter case only such charge shall be made as is necessary
to meet the cost of putting the building into a fit state for police occupation.
10-25. General police
fund – (Deleted).
10-26. Recoveries on account of additional police in
disturbed and dangerous areas – (1) The
responsibility for recovering the cost of additional Police located in
disturbed or dangerous areas, under Section 15 of Act V of 1861, rests with the
District Magistrate. Realizations are generally made half – yearly in advance,
with the land revenue installments. The collections should in all cases be
credited into the treasury under the heads “XLIV – Receipts – in – aid of
Superannuation – Pension contribution for Police supplied to public
departments, private individuals, etc.” and “ XXIII – Police – Collection of
payments for sections 13.14 and 15 of Police Act V of 1861,” intimation of the
amount so credited into the treasury on each account being sent at the same
time to the Superintendent of Police for inclusion in the accounts he is
required to keep under rule 10.27.
(2) The cost of additional police supplied
to private persons and departments or officers of Government recovered by
Superintendents of Police under rules 10.21 and 10.23, should likewise be
credited into the treasury under the heads mentioned above.
10-27. General Police Fund Cash-Book and Ledger – (1) Each Superintendent of Police shall keep a
cashbook in form No. 10-27(1)(a) in which all receipts and disbursements
pertaining to additional Police shall be entered. The pay, allowances and
contingent charges of the additional Police shall be drawn in the same forms on
which charges of regular Police are drawn under rules 10.95 and 10.96, and
shall then be shown in lump sums on both sides of the general cash book (in
column headed “ Additional Police Account”), a reference to the cash book for
additional Police accounts being made on the disbursements side. For the correct
preparation, checking, signing and encashment of bills for additional police,
the procedure prescribed encashment of bills for additional police, the
procedure prescribed in Part-V of this Chapter shall be observed. Similarly,
all receipts on account of additional police, supplied under sections 13, 14
and 15, Act V of 1861, whether collected and credited into the treasury be the
District Magistrate or collected in cash by the Superintendent of Police under
rule 10-26, shall also be shown in lump sums in the column headed “Additional
Police Account: of the general cash book on both the credit and debit sides, as
well as on the receipt side of the additional Police account cash book.
Note – Receipts and expenditure on account of additional
police supplied to officers or departments of Government shall not be included
in the General Police Fund.
(2) Each Superintendent shall keep a
General Police Fund Ledger in Form No.
10-27(2), in which receipts and disbursements on account of additional
police shall be distributed separately for each post or body of additional
police. The ledger will show the Superintendent exactly how much of the amounts
realized for each such post and body of additional police for which extra men
have been raised is still available for disbursement. Separate pages shall be
assigned for each post or body of police.
(3) On the 5th of each month a
monthly return of receipts and expenditure of the additional police shall be
prepared in Form 10-27(3) and submitted to the Inspector-General.
(4) Monthly accounts submitted by
Superintendents of Police shall be centralized by the Inspector-General of
Police in an additional Police Account General Ledger. This ledger shall show
by district (I) amount payable or recoverable, (2) realistation by the District
Magistrates, (3) disbursements from the fund, and (4) the total figures for the
whole province under rule 10-26, and sub-rules (2) and (3) above.
10-28. Return of Income – On the first day of each month each Superintendent shall submit to
the Inspector General a return in Form 10-28 showing the estimated and actual
collections under each head of revenue for which he is responsible. These
returns are checked in the Inspector General’s office with copies received from
the Accountant General of the treasury returns of income actually credited. It
is essential, therefore, that the returns from police offices should be
prepared independently and not in collaboration with the treasury clerks. Heads
of offices, head clerks and accountants should be guided by chapter 13, Punjab
Budget Manual, in the preparation and supervision of these returns. Accounts
which have been adjusted by book transfer shall be shown in the return, but a
detail shall be given in the last column showing cash and transfer credits
separately. Refunds shall be deducted by a note made to that effect in the last
column of the return.
10-29. Book Transfer – The adjustment by book transfer of charges recoverable for credit to
police income will be made by means of bills prepared in duplicate in form
10-2. The officer to whom the bill is sent will return one copy duly
countersigned. On receipt of this countersigned bill the amount will be brought
to account as a credit.
10-30. Security – Deposits
of cash by way of security received by gazetted officers in their public
capacity shall be paid into the Government Savings Bank without delay, a
separate savings bank account being opened for each case of security. Interest
accruing on such deposits shall be payable to the persons furnishing the
security when the deposit is finally returned to them on the purpose for which
security was required ceasing to be operative.
10-31. Heads of Income – (1) Appendix 10-31(1) details the different classes of
police income which should be credited on realization to the heads shown in
columns 2, 3 and 4 thereof, and corresponds with Appendix D of the Punjab
Budget Manual.
Each major head of income in the accounts
of Government has a serial number prefixed to it in roman characters to
distinguish it from heads of expenditure which are numbered in Arabic figures
thus:---
XXIII – “Police” is a major head of General Revenues.
“29 – Police” is major head of Expenditure.
The general revenue which a department of
Government collects is called “Departmental Revenue.
(2) The major heads other than XXIII –
Police to which police income (or departmental revenue) may be credited are:---
XLIV – Receipts in Aid of Superannuation
XLV – Stationery and Printing
XLVI – Miscellaneous
XXXVI – Miscellaneous
Police income is also credited to the
following funds, of which separate accounts are kept in treasuries:---
|
|
(1) Clothing
|
|
Police Deposit …
|
(2)
Equipment
|
|
|
(3) Estates
|
(Subsidiary to XXIII – Police).
Police Land Fund (a major head of XXIII –
Police).
Chanda Fund (a Local Fund).
Note – The
major head “XLVI – Miscellaneous” or “XXXVI –MISCELLANEOUS” should not
be confused with the minor head “Miscellaneous” under Major head “XXIII –
Police”.
PART
III
Payment
from Treasuries.
10-32. Affixing of stamps – (1) A stamp is required to be affixed on receipts for
all sums exceeding Rs. 20 except such as are exempted (Article II, Civil
Account Code, Volume I) and item 53 (d) of Schedule I of the affixed by
payees on acquittance rolls, whether for pay or traveling allowance, when the
sum to be received exceeds Rs.20. Police Chanda and Deposit Fund cheques need
not be stamped. (Section 5, Indian Finance Act, 1927).
(2) The stamp should be defaced by the
signature, seal or left thumb-impression of the payee, a part of such
signature, etc., being on the stamp and a part on the voucher. Where a thumb
impression is the only receipt of payment a clear impression should also be
taken on a clear space of the voucher.
(3) Where receipts are demanded in
duplicate in accordance with any law or Government order, only one need be
stamped. Ordinarily not more than one receipt shall be issued. (Article 16,
Civil Account Code).
10-33. Vouchers – (1)
Detailed instructions for the preparation of vouchers are contained in Article
13, Civil Account Code. Except where other forms are prescribed by these rules
or other official orders, form 10-33(1) shall be used. The orders regarding
delegation of authority to sign vouchers for payments made to the head of an office
are as given in rule 10-2, that is to say, the delegation must be specific to a
particular gazetted officer, whose specimen signature must be furnished to the
treasury. Vouchers for cash payments shall be endorsed by the officer in whose
presence they were made, who, in the case of payments made at headquarters,
shall be of rank not lower than inspector. It is essential that, unless there
are special reasons to prevent it, the signature should be obtained on vouchers
of the person to whom payment is actually due, and not merely that of the
person through whom disbursement is made.
(2) In cases where receipts cannot be
obtained (as in charges for railway tickets, etc.), or where a reward is paid
to a person whose name it is necessary to keep secret, a acknowledgment from
the person through whom the money is paid may be substituted, (Article 104 (3),
Civil Account Code, Volume-I).
(3) In cases where money is remitted by
money order, the payee’s receipt need not be taken on a voucher or acquittance
roll. The Post Office receipts and the payee’s acknowledgment should be
attached, on receipt, to the voucher or acquittance roll concerned.
(4) Covers or labels of parcels, etc.,
bearing the Post Officer stamp of postage due should be kept as receipt
vouchers. Postal receipts for parcels, receipts for railway freights, and
covers or labels of value-payable articles should be endorsed, under the
signature of the officer paying the amount, with the particulars of the payment
made and the accounts classification according to which the payment is to be
debited.
(5) Receipts may be obtained in a single
form from one or more payees, provided the amounts are payable from one major
head, and provide that receipts for items exceeding Rs.25 shall be on vouchers
separate from those for sums of and below that sum.
(6) Receipts for allowances to menials
attached to police lock-ups are chargeable to a different major head from other
police expenditure, so must be taken on separate vouchers. For convenience of
departmental accounts, vouchers for the following classes of expenditure should
also be kept separate:---
(a) Police
Deposit.
(b) Additional
Police Account.
(c) Contingencies,
divided as described in rule 10-110.
(d) Chanda
Fund.
In all cases particulars must be given, in
the space on the form for “head of appropriation chargeable’, of the
distribution of the payment, which is to be made in the accounts.
10-34. Cancellation of vouchers – All vouchers whether required to be submitted to the
Audit Office or to be filed in the office from which the payment is made shall
be canceled with a suitable rubber stamp. Stamps on vouchers should also have a
circular hole punched in them. Cancellations shall be attested by the initials
of a gazetted officer at the time of checking the accounts.
10-35. File book of vouchers – (1) Vouchers shall be filed in skeleton books of
suitable size as follows:---
A. – General Cash Account and
Police Deposit vouchers,---
To
contain vouchers sums detailed in the cash book.
B. – Additional Police Account
vouchers.
C. – Traveling Allowance
Acquittance Rolls.
D. – Contingencies. – For all
vouchers for contingent expenditure, other than that of Additional Police which
should be filed in book B. the file shall be divide according to the primary
units of contingent expenditure detailed in Appendix 10-111. Separate files
shall be kept for each month.
(2) Vouchers relating to file A, B and C
will be numbered serially for the financial year and those in file D will be
given a monthly number.
10-36. Duplicate receipt bills and cheques – (1) If an original receipt is alleged to have been
lost a duplicate may not be issued. A certificate may be issued to the effect
that on a certain day a specified sum was received from or paid to a certain
person for credit, or debit, to a certain account.
(2) In cases of loss of bills, cheques,
etc., duplicates may be issued after it has been ascertained from the treasury
concerned that payment has not been made on the original. In such cases the
word “duplicate” should be clearly endorsed in red ink. (Article 16, Civil
Account Code, Volume-I).
10-37. Authority required before expenditure is
incurred – Before any public money an be
spent by the head of an office in his capacity as disbursing officer he must be
in possession of sanction for the expenditure and of intimation of
appropriation of funds, in both cases by a competent authority. If either of
these necessary authorities is lacking, the case should be referred back for
orders. Responsibility for overcharges arising out of neglect of this rule lies
primarily with the drawer of the bill by which such over charge is contracted.
(Articles 17 and 86, Civil Account Code, Volume-I).
10-38. Audit objections and recoveries – (1) The earliest attention should be given to all
objections received from the Audit Office, whether direct or through the
treasury officer. Original objections received through the treasury should be
returned with the explanation called for on the day of receipt or following
day.
(2) Orders of retrenchment are issued by
the Accountant – General to treasury officers, who are bound to make the
retrenchment order and are forbidden to enter into correspondence on the
subject. Such orders must, therefore, be complied with, protest being made, if
necessary, within not more than three months, through the departmental superior
of the officer retrenched. Retrenchment will ordinarily be made by deduction
form the next pay or traveling allowance bill presented by the officer
concerned. Payment in cash may be demanded if no such bill is presented within
a month. Unless there is held to have been a definite breach of orders, or lack
of justification in taking the excess, recoveries will be at a rate not
exceeding one-third of pay. Advances shall not be made from the Police Deposit or
similar funds to meet retrenchments, but a Superintendent or Deputy Inspector –
General may apply direct to the Accountant – General for permission to leave
the amount under objection until it can be adjusted under proper authority, or
until it can be recovered form the officer concerned. (Article 20, Civil
Account Code, Volume-I).
(3) Recovery should ordinarily be effected
from officers of the amount of any overpayment made to them, if objection is
raised within twelve months by the Audit Office. Account officers are required
not to demand recovery of payments erroneously made unless the amount has been
challenged within twelve months.
(4) Original objections and retrenchment
orders and their replies, or copies thereof, shall, unless the point questioned
was a merely technical one, such as the incorrect filling up of a form, be
attached.
10-39. Cheques drawn on treasuries – (1) All withdrawals form the Police Deposit account
shall be made by cheques on forms supplied in Central Publication Branch,
Calcutta. A memorandum shall be entered on the counterfoil of each cheques,
stating the balance to credit, the sum drawn by the cheques, with either a
short statement of the nature of the disbursement for which the money is
required or the distinguishing letter of the sub-head concerned, and the
resultant balance after deducting the sum drawn by the cheques. At the foot of
each cheques shall be noted the sum included in it debitable to each of the
following head, or to each or so many of them as may be included in it:
-Clothing or Equipment Fund.
(2) Every cheques in favour of a
Government officer shall be made payable to “order” only, but when the payee is
not a Government servant the cheques may, at this request, be made payable to “bearer”.
(Article 26, Civil Account Code, Volume I).
(3) When a public officer sends a cheques
to a treasury not for cash payment but for credit of its value in the treasury
he must, before signing the receipt, add the words “Received payment by
transfer credit to ……………..”. Omission to do this facilitates mis-appropriation
of money. (Article 26(b)(2), Civil Account Code, Volume-I).
(4) Money due from the Police Deposit
account to firms of contractors and to others residing at headquarters of
districts should, whenever possible, be paid by means of crossed cheques to
their order, their receipts being obtained as soon as possible.
(5) Cheques for payments of any kind to
the North-Western Railway shall be made payable to the Examiner of Railway
Accounts and not to Station Masters.
(6) When the amount of a cheques is to
disbursed to several officers and has consequently to be inserted in the cash
distribution register (rule 10-24) the cheques should be made payable to “Self”,
and should be endorsed as follows in token of receipt by the drawing officer:---
Rs.
By R. T. R. … … … …
By Cash … … … …
__________
Total …
__________
The accountant shall maintain a cheques
memorandum book in Form 10-39(6) to facilitate the preparation of cheques.
(7) Officers drawing or cashing cheques
should observe the precautions described in Article 23, Civil Account Code.
10-40. Disbursements – (1) No money other than regular salaries and allowances shall be
disbursed in any police office except on the authority of an order for payment
duly entered in the order book. (Police rule 14-54).
Note – For the purposes of this rule an office order book shall be
maintained in the offices of the Inspector-General and of Deputy
Inspector-General.
(2) The disbursing agency in districts
shall be as follows for all payment on behalf of Government:---
(a) The Lines Officer – to police
officers at headquarters (i.e., officers in the lines, office, guards,
hospital, orderlies, absentees residing at headquarters, but excluding
headquarters police stations and outposts and other creditors, who can
conveniently be called to the lines to receive payment.
(b) Officers
in charge of police stations – to officers attached to their stations
including all posts subordinate to such stations; to absentees and heirs of
deceased police officers residing in their jurisdictions, and to traders,
contractors and other residing in their jurisdictions.
(c) Superintendents of other districts – to
payees in their districts subject to the conditions in rule 10-41.
(d) The Accountant – to officers on leave
who elect to receive their salaries by money order, – vide rule 10-92.
The instructions regarding the
disbursement of pay are contained in Police rule 14-53.
(3) Notwithstanding the above orders,
payment for articles purchased for Government use shall be made either through
the officer making such purchase or through the officer nearest to whom the
payee resides, whichever is most convenient.
10-41. Methods of remittance – Remittance for disbursement shall be made as
follows:---
(a) to the Lines officer – in cash, by cash
orders or in the form of cheques (see rule 10-39) for delivery to
payees;
(b) to officers in charge of police stations
– by cash order or letter of credit, or, in cases where cash remittance cannot
be avoided, by cash under invoice of a road certificate or, in such cases when
special sanction in accorded by Government, by insured letter.– [see
rule 1046(vi)]
(c) to offices of other departments or to
other police offices by cheques, bank draft, remittance transfer receipt or
money order, subject to the following conditions:---
(i) remittance transfer receipts maybe
obtained between places at either of which there is no branch of the Imperial
Bank of India; in orhter cases Imperial Bank drafts marked “Government Account”
will be issued;
(ii) remittance transfer receipts (or
Imperial Bank drafts) for sums of not less than Rs. 25 may be sent to
Superintendents of Police of other districts on account of the pay and
allowances of policemen deputed on duty beyond the limits of the district in
which their pay has to be drawn.
(iii) the remittance of pay allowances,
rewards, contingent charges and traveling allowance to establishment serving at
certain outlying police stations not at Tahsil headquarters has been approved
by government as a measure of economy, – (vide this office circular
letter No. 2478-A, dated 24th April, 1935). The following procedure
should be observed in making such remittances:---
(1) Money Order forms duly completed shall
be attaches to the bills to be remitted by money order.
(2) When the bills are presented at the
treasury, the Treasury Officer will return the money order forms to the
Superintendent of Police with a certificate specifying the amounts which have
been credited to the post office by per contra book transfer to enable
the money orders to be accepted at the Post Office.
(3) An officer to be deputed by the
Superintendent of Police shall then present the money orders at the post
office, together with the above mentioned certificate.
(4) The Post Office acknowledgment of the
money order form shall be kept in the file of vouchers or acquittance rolls as
the case may be, together with the actual payee’s receipt when received.
(5) In the event of the actual payee’s
receipt not being received within a reasonable period enquiries shall be made
by the Superintendent of Police from the Post Office. Should the money order
remain un-disbursed for any cause, the amount refunded should be entered in the
case book maintained by the Superintendent of Police and credited to the
Treasury in the usual manner. The Range auditor when examining the district
accounts, should pay particular attention to the correct crediting of the
proceeds of all such un-disbursed money orders.
(6) Money order commission will be debited
to head ‘Miscellaneous-Contingencies’ in accordance with Police Rule 10-46(v),
except in the case of men on leave who will be required to pay the money order
commission.
(iv) money orders on account of leave salary
should only be sent if cheaper methods of remittance are not possible, or if
the payee has agreed in advance to the deduction of amount of the commission
from the total of his claim.
(v) remittance transfer receipts are issued
only for bona fide public
purposes, including payments from police funds borne on the treasury accounts,
and pay and allowances under the conditions state above.
(vi) municipal taxes, etc., due from
Government shall be paid by book adjustment if the Municipality banks with a
Government treasury. In the case o Municipalities which do not bank with a
Government treasury, payment will be made in case, when such payment is to be
made at a sub-treasury, it shall invariably be made by means of a case order.
10-42. Distribution Accounts – (1) The accountant shall maintain the following
memoranda of accounts to be disbursed:---
(a) Cash Distribution Register in Form
10-42(1)A in English.
(b) Advice
Notes, containing details of all sums remitted to subordinate officers in the
district in bilingual form 10-42(1)B.
(2) In advice notes he shall enter the
details of all sums to be disbursed to or through officers in charge of police
station on account of pay, contingencies, traveling allowance, etc. when all
sums to be dispatches have been entered in the advice notes, the amount shall
be entered in the cash distribution register under the appropriate columns and
the accountant shall satisfy him self that the total of each column agrees with
that of the bill or other demand by means of which the amount will be received
or drawn. He shall then note the grand totals in the advice notes and cash
distribution register and shall prepare any necessary challan or applications
for remittance transfer receipts.
(3) Advice notes, on return by the
officers to whom they were issued, shall be kept in monthly files according to
the bills to which they relate, and destroyed after one complete year.
10-43. Signing of demands – (1) All bills and other demands with the case
distribution register shall be put before a Gazetted Officer, who shall satisfy
himself before signing that all bills and other demands, have been duly entered
and shall initial the entries in the appropriate column of the register. When
initialing the entries in the Cash Book he shall compare the entries in the
Cash Book with those in the Cash Distribution Register in form 10-42(1). The
Accountant shall also initial the total of each bill in the prescribed column
of the register.
With regard to the entry on the credit
side of the cash book of bils, etc., which have to be cased at treasuries, see
rule 10-45.
(2) If the amount of a demand is to be
remitted to a sub-treasury, payable to single person, it shall be receipted as
follows:---
“Received
payment by c credit
on . . . . . . . . . sub-treasury”
(3) On occasion when there is no gazette
officer present at headquarters, only the bills, cheques, and remittance
transfer receipts shall be sent to camp for signature after they have first
been endorsed “Entered in Cash Book” in the case of cheques and remittance
transfer receipt by one of the inspectors present at headquarters who has
verified the fact and initialed the entry in the cash book and cash
distribution register. In the case of contingent bills the inspector shall
initial the entries in the contingent register. These entries will again be
initialed by the Superintendent of Police or the gazetted officer specially
authorized (rule 120-2) on his return to headquarters after comparison with the
registers concerned.
10-44. Bills Accounts classification to be endorsed
on – All bills presented at the treasury
shall have endorsed on them the complete accounts classification as shown in
the budget allotment statement. When sums pertaining to more than one unit of
expenditure are included in the same bill, the amount under each unit must be
specified. (Article 13 (e), Civil Account Code, Volume I).
10-45. Presentation of demands – (1) Pay bills payable at Lahore which require to be
pre-audited, and those payable at district treasuries, may be signed and
presented for payment three and two days, respectively, before the last working
day of the month to which they relate. (Article 38, Civil Account Code, Volume
I). The entries regarding such bills shall be made at the time of signature in
the cash distribution register.
(2) The accountant shall record a
memorandum on the demands to be presented to the treasury in them manner shown
below:---
(a) By cash orders, - vide challan attached … …
(b) By letters of credit, - vide challan attached … …
(c) By remittance transfer receipt, - vide
application attached
(d) By
money order money
order fee …
(e) By
credit to Chanda Fund –vide challan attached …
(f) By
credit to XXIII – Police, -vide challan attached …
(g) By
credit to XLV Stationery, - vide challan attached
(h) By
credit to Police Deposit, -vide challan attached …
(i) Cash
(for Lnes officer) … … … …
(j) Cash
(for Accountant) … … … …
_________
Total amount of the bill, etc … … … … _________
10-46. Receipt
and distribution of pay, etc – When the bills, cheques, etc., are
received from the district treasury duly passed for payment, the following
procedure shall be observed:---
(i) The Lines officer and officers in charge
of Police stations City, Cantonments and Sadr [or an officer not below
the rank of the head constable deputed by them], accompanied by the accountant,
shall proceed to the treasury and receive from him the total sum which is to be
drawn in cash for disbursement at headquarters. They shall sign an
acknowledgment for this amount in the prescribed column of the cash
distribution register, and shall receive at the same time from the accountant
all bill, vouchers and acquittance rolls necessary for the purpose of
disbursement. They shall be responsible for conveying the cash so drawn, under
adequate safeguards, to the lines and police stations, and for its safe custody
pending disbursement ; and that payment is made in correct accounts and to
those individuals only, who are entitled to receive such amounts.
(ii) Cash orders, and money orders shall be
received from the treasury by the accountant, who will be responsible for
__________ them to their correct destinations together with the necessary
Advice Notes. Cash orders will be sent through the issue branch of the Urdu
office, for entry in the dispatch by the District Treasury Officers to the
Tahsildars concerned in accordance with para. 316 of the Sub-Treasury Manual.
The treasury officer will, however, send an intimation to the drawing office
showing the number and date of the letter to enable the Accountant to compete
the cash distribution register and advice notes.
(iii) In every district according to local
conditions a system shall be laid down on a permanent basis by which cash
police station may obtain and remit money with as little risk and inconvenience
as possible, and by which the necessity of utilizing special escorts for cash
remittances may be minimized. According to this system cash required by police
stations should be drawn by means of letters of credit on the nearest
sub-treasury.
(iv) On receipt of tan Advice Note the officer
to whom it is addressed shall, on the earliest possible occasion, receive the
money which he is authorized to draw from the treasury or sub-treasury,
personally if possible, and otherwise through a representative specially
accredited on each occasion in writing and not lower in rank than a head
constable. On receipt of the money drawn from the treasury, the total amount
shall be entered in the police station account register No, 20 (rule 22-71) and
the money and connected papers shall be placed in the store room pending
disbursement.
(v) Special escorts may not be sent in charge
of cash, if the salaries of the escort for the time spent on such duties would
exceed the commission to be padi if the sums were sent by money order. In such
cases, or where other arrangements are inconvenient or unduly expensive, money
may be remitted by money order through the treasury by means of a “per contra
transfer” to the Post Office in the Treasury Account, the commission, if debitable
to Government, being charged to miscellaneous contingencies. When money is sent
by money order, the connected papers will be forwarded by post. So far as may
be possible, however, money shall be received or remitted through escorts
proceeding in the required direction with other duties.
(vi) Money received in police stations for
credit to Government shall be paid into the nearest sub-treasury on the
earliest possible occasion, the treasury receipt being sent at once to the
Superintendent of Police. When money received in money received in police
station for disbursement cannot be disbursed within one month owing to the
absence of the payee, it shall be retuned to headquarter or forwarded to nay
other police officer who may be in a position to make the disbursement, under
invoice of a road certificate.
(vii) The accountant shall not be a disbursing
officer except to the extant permitted by clauses (i) and (ii)
above. The accountant will receive cash only in recoupment of his permanent
advance or for immediate credit to the treasury or the cash chest account.
(viii) Sums not exceeding a few annas may be
remitted by means of postage stamps. Money should not ordinarily be sent in the
form of Government Currency Notes by registered or insured posts, except in the
special case in Dear Ghazi Khan. No money shall be drawn from the treasury
unless required for immediate disbursement. (Article 88, Civil Account Code,
volume I). Requisition for letters of credit or cash orders should be made on a
challan form – (Treasury Form No. 71 obtainable from the treasury).
10-47. Remittance Transfer Receipts–miscellaneous
particulars – (1) Application for
remittance transfer receipts shall be made in Treasury Form No. 75 either in
exchange for cash, or, for another remittance transfer receipt, or, for bill,
cheques, & c.
(2) The procedure to be followed in case
where remittance transfer receipts or bank drafts are lost is contained in
Article 177 of the Civil Account Code. In the former case satisfactory evidence
of the loss must be furnished to the treasury officer before a duplicate can be
obtained; in the latter case the officer who has purchased such draft must take
immediate states to stop payment and should report the case in detail to the
Deputy Controller of Currency of the circle concerned.
(3) Indian subordinate police officers are
permitted to obtain remittance transfer receipts on the same conditions as
Indian officers and other ranks of the army for remitting money to their
families. The conditions and formalities to be observed may be ascertained from
treasuries by offices who wish to avail themselves of the concession. (Article
170(3) Civil Account Code, Volume I).
PART
IV
Cash
Book.
10-48. General Cash Book – (1) Each Superintendent shall maintain a Cash Book in Form
10-48(1) in which all official account shall be entered as they occur. The book
I intended to permit of a check on all money passing through the office on
account of either receipts or payments; the entries should be brief, but no
item must be allowed to escape being brought into the a count. Opposite each
entry appropriate references in columns 2 and 3 of the form shall invariably be
given.
(2) All sums drawn from the treasury by
abstract contingent and traveling allowance bills shall be shown in lump sums
on both sides of the cash book, a reference to the contingent and traveling
allowance registers and, in the case of traveling allowance, to the numbers of
the bills being made on the disbursement side.
(3) Un-disbursed salaries of absentees, to be refunded by short drawal in
the next pay bills, shall be entered in the cash book, on the credit side of
the general cash account, irrespective of whether the amount has been placed in
the cash chest or has remained in the hands of the disbursing officer. In the
latter case the name of the officer holding the amount shall be noted in the
cash book at the time of striking its balance.
(4) A list of the officers or stations
holding a permanent advance and the amount so held shall be pasted inside the
front cover of the cash book –(see rule 10-108).
10-49. Balancing the cash book – (1) The cash book shall be written up daily by the
accountant and shall be balanced on the last working day of the month, or on
transfer of the Superintendent or the accountant, or when specially desired for
check purposes.
The balance of the general cash account in
the case book shall represent the cash in the cash chest and in the hands of
the accountant or other officer, a detail of which shall be given. Any money
advanced from the clothing or equipment funds and pending recovery shall also
be detailed.
The head clerk shall check the account
when balanced and initial the cash book in token of its correctness. He shall
bring to notice any mistake or irregularity in the accounts.
(2) After being initialed by the head
clerk the cash book, with connected papers, shall be laid before the
Superintendent or, in his absence, the gazetted officer, nominated under rule
10-2, who shall tally the accounts by cross check with the treasury receipts,
receipt book, cash distribution and traveling allowance registers, vouchers and
Urdu acquittance rolls of traveling allowance and salaries, Police Land and
Additional Police Account cash books, Chanda Receipt register and Chanda Fund
bills, and shall satisfy himself that all these registers and receipts have
been properly prepared. A certificate of the correctness of the cash book in
the terms given in the specimen form shall then be entered, and signed by the
Superintendent or by the nominated officer carrying out the check; in it shall
be quoted the numbers of any vouches which have not so far reached the office
and a reference to these delayed vouchers shall be included in the next
certificate. On transfer, the Superintendent himself shall sign the certificate.
Note - The specimen entries shown in
form 10-48 (1) illustrate the procedure detailed above.
10-50. Subsidiary cash book – In addition to the general cash book the following
subsidiary cash books are maintained:---
(a) Additional Police Account cash book and
ledger, kept in accordance with rule 10-27(1), and
(b) Police Land Improvement Fund cash book,
in Form expenditure in respect of police lands administered in accordance with
rule 10.164. This fund is balanced yearly and the credit or debit is carried
forward. The cash book is a record of the relation between income from and cost
of upkeep of lands. The budget allotment, as distributed by Deputy
Inspector-General is not shown it as a credit, but expenditure is limited to
the amount so allotted, irrespective of the income actually collected.
(c) Chanda Fund cash book in Form 10-50(c)
is maintained in the Central Police Office from information furnished under
rule 10-20(2) by districts where subscribers are serving, and checked with the
returns furnished monthly by the Accountant-General.
10-51. Supervision – Rule 10-48 describes the method by which Superintendents and head
clerks are required to carry out a formal check of the general cash book,
whenever it is balanced. It is, however, inherent, in the general
responsibilities of these officers for the control of the work of the
accountant, that they should see the general and other cash books, and records
relating to them at intervals varying in frequency according to the volume of
accounts transactions in different districts, and check all entries made
subsequent to their last examination.
10-52. Cash account of disbursing officers – The Lines officer, and all officers in charge of
police stations, shall keep a cash account of all monies passing through their
hands (a) for pay, allowances and miscellaneous transactions in Form
1-52(a); (b) for permanent advance transactions in Form 10-52(b)
– (see rule 10-108).
10-53. Classification of Accounts – The major head of Police Classification of Accounts
expenditure is “29 – Police”. Certain expenditure, as explained in the rules
which follow, is debitable to major head “56 – Stationery and Printing”, “47 –
Miscellaneous Departments (Transferred), - Registration of Vital Statistics”, “
12-B – Charges on account of Motor Vehicles Taxation Act-Inspection of Motor
Vehicles” and disbursement are made on behalf of local Funds and major head “28
– Jails”.
Expenditure is also required to be
incurred as under:---
Police Deposit Fund (Personal deposits
under P. Deposits and Advances – Civil Deposits).
Police Land Fund (included in “Other
Contingencies” of the minor head “Miscellaneous” under “29- Police”).
Chands Fund (a local Fund).
10-54. Police Deposit – Expenditure from the Clothing and Equipment Funds is
regulated by the orders in chapters IV and V. Expenditure not authorized by
these chapters requires the sanction of the Inspector-General. Advances may not
be taken from these funds to meet contingent expenditure.
10-55. Payments from Estates – (1) Pay, allowances and any other monies due to
deceased, lunatic or deserting police officers should be withheld for future
payment. If any such sum which has already been drawn remains un-disbursed, it
should be refunded by short drawal in the next pay bill in the manner laid down
in Rule 10-48(3). Payments may be made, on substantiation of claim, up to a
limit of Rs.500. If the claim amounts to more than this sum, the orders of the
Inspector-General must be obtained before the excess can be pait. (Article 39,
Civil Account Code, Volume I).
The widow of a deceased officer is
presumed to be his heir, unless another heir has been specially nominated by
the deceased. Superintendents are strictly responsible that payments from
estates are not made until both the identity of the claimant and the validity
of his or her claim has been verified by all reasonable means.
(2) All money and other property due or
belonging to police officers, who have died or deserted, shall, if not claimed
within six months, be made over to the District Magistrate for disposal as
unclaimed property.
(3) Receipts for payments made under this
rule should be taken in form 10-33(1) and not in acquittance rolls.
10-56. Accounts of lunatic police officers – (1) The accounts of lunatic police officers shall be
made up and the balance should be withheld for future payment. Any property
belonging to such lunatic shall be taken in charge by the Lines officer for
safe custody. An inventory of such property shall be made over the accountant
to be kept with the account of the estate.
(2) The Superintendent shall report to the
principal court of original civil jurisdiction in the district all estates and
balances held in deposit on account of lunatic police officers.
(3) If any relative of a lunatic police
officer applies for charge of such officer’s property, the Superintendent shall
either instruct such relative to apply to the court mentioned in sub-rule(2)
above, or, after satisfying himself that the applicant is a proper person both
by reason of relationship and character to have charge of such lunatic’s
property, he may make over such property after taking an indemnity bond
conditioned in a sum equal to the value of the property so made over; provided
that such action is not contrary to any order passed by a competent court under
Act IV of 1912.
10-57. Verification of deposit balances – (1) At the end of each financial year a certificate is
sent by the Accountant-General to the head of each police office for
verification of the balance of the police deposit account as required by
Article 222, Civil Account Code. It should be compared with the cash book and
police deposit pass book and, if found correct, should be signed and returned.
(2) A pass book in form 65 of Civil
Account Code, Volume II, should be kept for the police deposit account.
Superintendent of Police shall be sent the pass book to the treasury officers
at least once a month to be balanced. The pass book shall remain in the
personal custody of the Superintendent and not with the accountant.
10-58. Cattle Pounds – (1) The upkeep of cattle pounds, which are in charge of the police,
including the provision of locks, ropes, etc., is the responsibility of the
local body to whom the revenue of the pound is credited, and all repairs on
account of urgency expenditure from the police permanent advance is necessary,
recovery shall be made in the manner prescribed in rule 10-109(2).
(2) Local bodies remit money in cash or by
cheques to Superintendents for disbursement. They also supply forms of
acquittance rolls, etc., in which payees’ receipts are taken. Such acquittance
rolls, etc., when completed shall be dispatched for record to the president of
the local body concerned. Registers and forms, etc., for cattle pounds shall be
obtained from the local bodies concerned.
(3) All such transactions on behalf of
local funds shall be brought to account in the general cash book.
10-59. Chanda – When
expenditure from the Chanda Fund is necessary a bill shall be made out by the
Superintendent in Form 10-59 and sent to the Assistant Inspector-General of
Police, Punjab, who, after checking the bill, will remit the amount by an R. T.
R. expecting the case of Lahore where a cheques will be issued. The payee’s
receipt for the money shall be sent to the office of the Inspector-General as soon
as disbursement has been made.
10-60. Advances – Advances
may be given to Government servants for the following purposes:---
(a) for
building or purchasing a house,
(b) for
the purchase of conveyance,
(c) on
transfer, first arrival in India or return from leave,
(d) for
tour expenses,
(e) for
expenses connected with the remittance of treasure,
(f) for
law suits to which Government is party,
(g) to
patients proceeding to a Pasteur Institute for antirabic treatment
(h) for
payments of passages overseas.
The rules regulating the grant,
utilization and repayment of such advances are contained in chapter IX, Civil
Account Code, which must always be referred to before advances under this rule
are applied for or granted.
10-61. Charges for Police Lock-ups – (1) Blankets, matting, earthen pots and other
articles for the use of accused persons confined in, and the allowances paid to
sweepers and bhistis for cleaning and supplying water to, police station
lock-ups are provided on application by the Superintendent of Police and paid
for by the Deputy Commissioner, expenditure being chargeable to head “28 –
Jails”.
(2) Locks for, and cost of repairs to,
police lock-ups are to be provided by the Police Department and debited to the
contingent grant under head “Miscellaneous” or “Repairs to Buildings”.
(3) Proposals for the revision of sweepers’
and bistis’ allowances should, when necessary, be submitted to the Deputy
Commissioner for the sanction of the Inspector-General of Prisons.
(4) Officers in charge of police stations
shall send to headquarters monthly with the acquittance rolls of the police
establishment a statement, showing whether the authorized establishment of
lock-up menials has been present or absent during the whole or part of the
month. From these statements the accountant shall prepare a bill in Form
10-61(4) for submission to the Deputy Commissioner, with an endorsement
accompanied by a challan showing the amount to be disbursed direct by
the sheriff to police stations by cash orders or letters of credit. The sheriff
will send an intimation of his having made such disbursement to the police
office.
(5) Receipts for allowances for bhistis
and sweepers shall be taken in form 10-33(1) and sent to the Deputy
Commissioner.
10-62. 56-Stationery – Expenditure for printing at private presses, lithographing and
stationery supplied from Central Stores, is debited to the head “56 –
Stationery”.
10-62-A.
47-Miscellaneous Departments (Transferred) – Registratoin of Vital Stations – Expenditure on account of the allowance of Rs.1 per
mensem paid to clerk of police stations for the registration of births and
deaths is debited to the head “47-Miscellaneous Departments (Transferred) –
Registration Vital Stations”.
PART
V
Pay
and Allowances
10-63. Schedules of pay and allowances – The rages of pay sanctioned for all ranks and grades
in the police department are shown in Appendix 10-63, Table A, and the
allowances sanctioned for creation posts, either as special pay or as
compensatory allowances other than conveyance, grain compensation or traveling
allowance, are shown in Table B of the same appendix. Particulars of conveyance
and grain compensation allowance are given in rules 10-75 and 10-78, and rates
of traveling allowance are shown in Part VII of this chapter.
10-64. Health and age certificates – A medical certificate of health is required in support
of the first claim made for the pay of a person substantively appointed to a
permanent post in Government service. Such certificate shall, in all cases of
appointments in the police department be in Form 10-64 and shall be signed by
the District Health Officer of the district in which the appointment is made.
In the case of all provincial and subordinate service officers, who receive
their first permanent appointments in the ranks of and above that of
sub-inspector, the health certificate shall be attached to the first pay bill.
In the case of persons who receive their first appointments in lower
subordinate rank the health certificates shall be attached immediately to their
character rolls (or, in the case of non-enrolled establishment, service books)
and a certificate to the effect appended to the standard form of lower
subordinates’ pay bill. When a lower subordinate is promoted to the rank of
assistant sub-inspector, his date of birth or age, according to the health
certificate granted on his first appointment to Government service, shall be
endorsed on the bill in which his ner pay is first drawn.
10-65. Date of reckoning pay and allowances – (1) An officer begins to draw the pay and allowances
of a post when he assumes charge of the duties of that post. If a charge is
transferred afternoon, the transfer does not affect allowances until the next
day. (Fundamental Rule 17)
(2) The appointment, transfer, promotion,
reduction, leave and discharge, form whatever cause, of upper subordinates and
clerks shall be notified in the Police Gazette; a reference to such
notification in the pay bill is authority for a new or altered charge made in
consequence of it.
10-66. Conditions under which officiating pay may be
drawn – A police officer appointed to
officiate in a higher rank, or a clerk appointed to officiate in a higher
class, shall not draw enhanced pay, unless he is actually called upon to assume
duties or responsibilities of greater importance than, or of a different
character from, those attaching to his substantive post.
Note – This rule does not apply to officers of the Indian
(Imperial) Police officiating in the selection grade.
10-67. Pay of officiating posts – (1) Usually a Government servant is said to
officiate, when he is performing the duties of a post on which another
Government servant holds a lien, but Government is entitled to make an
officiating appointment in a vacant post on which no lien is held. [Fundamental
Rule 9(19)]
(2) A police officer officiating in a post
will, subject to the provisions of Fundamental Rules 26-C, 30 and 35, draw the
presumptive pay of that post, provided that, if the presumptive pay of the
permanent post on which he holds a lien or would hold a lien, had his lien not
been suspended under rule 13 of Fundamental Rules, should at any time be
greater than the presumptive pay of the post in which he officiates, he will
draw the presumptive pay of the permanent post. For the definition of “presumptive
pay” – see rule 9(24) of Fundamental Rules.
(3) An officer officiating in a rank or
grade will be entitled to such special pay and compensatory allowances as are
authorized for appointments in such rank or grade, only if he actually performs
duties or services under conditions for which such pay or allowances are
granted.
(4) Special rules regarding rates of
officiating pay in certain cases are given in Appendix 10-63, Table A.
10-68. Leaving sphere of duty – (1) Except
when acting within his legal powers, a police officer is entitled to no pay or
allowances for any time he may spend beyond his sphere of duty without paper
authority. [Fundamental Rule 9(6)(b)].
(2) The orders regulating the grant of
permission to police officers to proceed beyond their sphere of duty are
contained in rule 10-120.
10-69. Last pay certificate – Last pay certificate of gazetted officers transferred
are issued by the treasury officer of the treasury from which the officer last
drew pay (in Lahore, by the Accountant General). (Article 41, 50, 70, Rule I, Civil Account
Code, Volume I). In the case of non-gazetted officers, combined last pay and
charge certificates will be issued by the head of the office (in A and T Form
289). If several men are transferred together from and to the same place, joint
certificate may be issued. Any further information as to dues or recoveries,
which may be received after the certificate has been given, should be
communicated to the Superintendent of Police of the district to which the
officer has been transferred.
10-70. Allowance of officer, suspended or dismissed –
(1) Subsistence allowance at a rate not
exceeding one-quarter of his pay may be granted by the authority suspending him
to a police officer placed under suspension pending enquiry into his alleged
misconduct. (Fundamental Rules 43 and 53).
(2) In a police officer under suspension
is honourably acquitted of the charges against him, either as a result of the
original enquiry or on appeal, the authority conducting the enquiry or accepting
the appeal, as the case may be, ay grant him the full pay, to which he would
have been entitled if he had not been suspended, and, by an order to be
separately recorded, any allowance of which he was in receipt prior to being
suspended. In cases of acquittal on other grounds the appellate or revising
authority has discretion to prescribe the proportion of pay and allowances,
which shall be granted.
In cases of honourable acquittal the
period of suspension or dismissal will be treated as a period spent on duty. In
other cases it will not be treated as a period on duty unless the revising or
appellate authority so direct. Leave may not be granted to a Government servant
under suspension. [Fundamental Rule 54 (a), (b).]
(3) The grant of allowances under the preceding
sub-rules ordinarily requires the prior sanction of Government in the
Administrative Department, if extra cost to the State is involved. In cases,
however, where it does not exceed Rs.500, and where the period during which the
Government servant has remained unemployed through suspension or dismissal does
not exceed six months, the excess expenditure may be admitted on the sanction
of the suspending authority, or the revising or appellate authority, as the
care may be. (Finance Department letter No. 20314 (Finance Genl.), dated the 2nd
August, 1933).
(4) The pay and allowances of a police
officer, who is dismissed from service, case from the date of such dismissal.
10-71. Honoraria – No police officer may accept any reward, fee or honorarium, other than
rewards authorized under these rules, without the sanction of the Inspector –
General. The conditions governing such sanctions are contained, in Punjab
Financial Handbook No. 2, Volume-I, Chapter-5.
10-72. Compensatory
allowance – Compensatory
allowances granted in the police department include:---
Conveyance allowances, Traveling
allowance,
House rent allowances, Hill
allowances,
Grain compensation allowances,
And any other allowances granted to meet personal
expenditure necessitated by special circumstances in which duty is performed.
(Fundamental Rule 9 (5)]
10-73. Compensatory allowances during leave or
temporary transfer – (1) During leave on
average pay only, and up to a maximum period of four months, a compensatory
allowance may be drawn both by the officer performing the duties of the post to
which the allowance attaches and by the officer who has proceeded on leave form
such post. The same concession is granted in cases of temporary transfer for
periods not exceeding four months, provided in both cases that,---
(i) the authority sanctioning the leave or
transfer, as the case may be, certifies that the police officer is likely to
return, on the expiry of his leave or his temporary duty, to the post to which
the allowance is attached or to another post carrying a similar allowance, and
(ii) the police officer certifies that he
continues to incur the whole, or a considerable part, of the expense to meet
which the allowance was granted. In the latter case it is left to the authority
sanctioning the leave or transfer, as the case may be, to decide whether any
and, if so, how much of the allowance should be reduced. In the case of house
rent allowances this concession is subject to the further conditions reference
to in rule 10-76.
A compensatory allowance granted on
account of special expensiveness of living during joining time, on transfer
from one post to another carrying a similar allowance, may be drawn by as
officer in receipt of it, provided that if the rates differ in the two posts
the lower rate only may be drawn. (Punjab Subsidiary Rule 14.2).
(2) For the drawl of compensatory
allowance by an officer on leave or transfer from the post to which such
allowance is attached, the claim should be submitted with a statement on the
relevant expenses, to the authority sanctioning the leave or transfer ; that
authority should then decide, having regard to the provisions of Fundamental
Rules 44 and 93, how much of the allowance should be drawn and communicate his
decision to the audit officer with a copy of the statement of expenses referred
to above. (Note 3 to rule 14.2 of Subsidiary Rules).
(3) Controlling officers are responsible
for taking steps to prevent conveyance allowance being turned into a source of
profit – [vide Punjab Financial handbook No. 2, Volume-III, Rule 2, 10-(A)].
(4) During suspension, a compensatory
allowance may be granted in accordance with Fundamental
(5) A police officer, who is in receipt of
a conveyance allowance granted for the up-keep of a motor car or motor cycle,
must attach to the traveling allowance bill for a journey by road performed
otherwise than by motor car or motor cycle and for which full traveling
allowance is claimed, a certificate to the effect that such vehicle has not
been used for such journey.
Head
constables and constables of the mounted police are entitled to draw their
horse or camel allowance during joining time and leave of any kind. Inspectors,
sub-inspectors, sergeants and assistant sub-inspectors in receipt of horse or
pony allowance shall be allowed one month in which to remount themselves, in
the event of the death or casting of their horses or ponies. If they fail to
remount themselves within one month, the allowance will lapse from the date on
which they ceased to maintain a horse unless the period for remounting is
specially extended by the Deputy Inspector – General to two months under rule
7.2. Such officers are entitled to drawn their horse allowance during leave and
joining time so long as a horse is actually maintained under orders of the Superintendent
under whom they are serving.
All
officers drawing conveyance allowances shall append one or other of the
following two certificates, as the case may be, to the bills on which the
conveyance allowance is drawn:---
(i) Certified that ___________________
conveyance for which the conveyance allowance at _____________ for
________________ has been charged in this bill was actually maintained.
(ii) Certified that the total period from the
date on which the means of conveyance ceased to be kept and for which a
conveyance allowance has been charged in this or the previous bills does not
exceed 1month / 2 month allowed by / under note to rule 2.14 of the Traveling
Allowance Rules.
(6) All conveyance allowances, except
where specially excepted in rule 10.74 below, are subject to the means of
conveyance for which the allowance is granted being actually kept, and a
certificate to that effect must be attached to each bill on which the allowance
is drawn. (Rule 2.14 of the Punjab Traveling Allowance Rules).
10.74. Exemption from keeping a horse or pony – The officers exempted under rule 7.2 from keeping a
horse or pony shall or shall or drawn conveyance allowance, as may be ordered
in the letter sanctioning the exemption.
10-75. Schedule of conveyance, horse or pony
allowance – The following table shows
officers who are entitled to conveyance allowance, and the amounts of, and
conditions attaching to, such allowances.
|
1
|
2
|
3
|
4
|
5
|
|
Serial No.
|
Class of Officers
|
Nature of allowance
|
Rate sanctioned
|
Remarks
|
|
Scale-I Rs. per mensem
|
Scale-II Rs. per mensem.
|
|
|
|
|
Rs.
|
a.
|
p.
|
Rs.
|
a.
|
p.
|
|
|
1.
|
Superintendents of Police, Lahore,
Amritsar and Rawalpindi
|
Motor car allowance
|
|
…
|
|
75
|
0
|
0
|
|
|
2.
|
Deputy Superintendent in charge of
Lahore Headquarters Police Stations.
|
Motor cycle allowance
|
|
…
|
|
30
|
0
|
0
|
On condition that the allowance will be reduced at
the rate of 1 per diem when the Deputy Superintendent goes on tour beyond a
radius of m miles from his headquarters.
|
|
2-A.
|
Headquarters Deputy Superintendent
of Police, Amristar
|
Motor cycle allowance
|
|
…
|
|
30
|
0
|
0
|
On condition that the allowance will be reduced at
the rate of 1 per diem when the Deputy Superintendent goes on tour beyond a
radius of m miles from his headquarters.
|
|
3.
|
Headquarters Deputy Superintendent
of Police, Rawalpindi
|
Motor cycle allowance
|
|
…
|
|
30
|
0
|
0
|
On condition that the allowance will be reduced at
the rate of 1 per diem when the Deputy Superintendent goes on tour beyond a
radius of m miles from his headquarters.
|
|
Serial No.
|
Class of Officers
|
Nature of allowance
|
Rate sanctioned
|
Remarks
|
|
Scale-I Rs. per mensem
|
Scale-II Rs. per mensem.
|
|
|
|
|
Rs.
|
a.
|
p.
|
Rs.
|
a.
|
p.
|
|
|
3-A.
|
Headquarters Deputy Superintendent
of Police, Multan
|
Motor-Cycle allowance
|
|
…
|
|
15
|
0
|
0
|
|
|
4.
|
Inspectors in charge of towns,
Central Intelligence Agency Inspectors, Traffic-Inspector at Lahor, Reserve
and Cantonment Inspectors (but not Railway Police Inspectors), Sub-Inspectors
(except when employed as clerks or accountants or attached to the Railway
Police or employed on prosecuting duties or in the Criminal Investigation
Department, Police Training School or Finger Print Bureau) and Sergeants when
required to keep horses.
|
Horse allowance
|
30
|
0
|
0
|
30
|
0
|
0
|
Police Sergeants stationed in Simla may also draw
the allowance subject to the condition that the total number of such
allowances drawn by Inspectors and Sergeants at Simla does not exceed five.
|
|
5.
|
Inspectors and Sergents attached to
Cantonments, Cities and Civil Stations who are allowed to keep motor cycles
instead of horses:-
|
|
|
|
|
|
|
|
|
|
|
(a) Inspectors and Sergeants
employed on traffic duties who are required to keep motor cycles.
|
Motor cycle allowance
|
|
…
|
|
50
|
0
|
0
|
The grant of conveyance allowance at these rates is
admissible only when the Inspectors and Sergeants are allowed, with the
sanction of the Inspector-General of Police, to keep a motor cycle instead of
a horse.
|
|
Serial No.
|
Class of Officers
|
Nature of allowance
|
Rate sanctioned
|
Remarks
|
|
Scale-I Rs. per mensem
|
Scale-II Rs. per mensem.
|
|
|
|
|
Rs.
|
a.
|
p.
|
Rs.
|
a.
|
p.
|
|
|
|
(b) Inspectors and Sergeants
employed on traffic duties and Reserve Inspector, Lahore
|
Motor cycle allowance
|
|
…
|
|
37
|
8
|
0
|
The grant of conveyance allowance at these rates is
admissible only when the Inspectors and Sergeants are allowed, with the
sanction of the Inspector-General of Police, to keep a motor cycle instead of
a horse.
|
|
|
(c) Inspectors and Sergeants
employed on Cantonment and City duties
|
Ditto …
|
|
…
|
|
30
|
0
|
0
|
Ditto ditto
|
|
|
(d) Inspectors employed as
Reserve Inspectors
|
Ditto …
|
22
|
8
|
0
|
|
…
|
|
Ditto ditto
|
|
|
(e) Inspectors and Sergeants
employed on confidential and other headquarters duties
|
Ditto …
|
18
|
12
|
0
|
18
|
12
|
0
|
Ditto ditto
|
|
|
(f) Reserve Inspector at the
Police Training School, Phillaur
|
Horse allowance
|
30
|
0
|
0
|
|
…
|
|
Provided a horse is maintained
|
|
|
(g) Four Inspectors and six
Sergeants employed for the inspection of motor vehicles
|
Motor cycle allowance
|
|
…
|
|
22
|
8
|
0
|
|
|
6.
|
Sub-Inspector of Police, incharge of
the Police Station Dagshi, Simla District
|
Ditto …
|
|
…
|
|
40
|
0
|
0
|
|
|
Serial No.
|
Class of Officers
|
Nature of allowance
|
Rate sanctioned
|
Remarks
|
|
Scale-I Rs. per mensem
|
Scale-II Rs. per mensem.
|
|
|
|
|
Rs.
|
a.
|
p.
|
Rs.
|
a.
|
p.
|
|
|
7.
|
Assistant sub-inspectors
|
Pony allowance
|
15
|
0
|
0
|
20 in special hill tracts
|
Deputy Inspectors-General may permit an Assistant
Sub-Inspector attached to a cantonment, city or large civil station, who is a
good rider and maintains the prescribed equipment, to keep a bicycle in lieu
of a pony and to draw the usual bicycle allowance of Rs. 4 per mensem instead
of the pony allowance of Rs. 15 per mensem
|
|
8.
|
Band Master of the Police Band,
Lahore
|
Conveyance Allowance
|
|
…
|
|
15
|
0
|
0
|
|
|
9.
|
Inspector of Police on confidential
work, Lahore
|
Ditto …
|
|
…
|
|
18
|
2
|
0
|
Provided that a horse is kept; if a bicycle is kept
instead of a horse, with the sanction of the Deputy Inspector General of
Police, the allowance will be Rs.3 per mensem
|
|
10.
|
Sergeants when not required to keep
horses (except when employed as clerks or attached to the railway police)
|
Ditto …
|
11
|
4
|
0
|
11
|
4
|
0
|
|
|
Serial No.
|
Class of Officers
|
Nature of allowance
|
Rate sanctioned
|
Remarks
|
|
Scale-I Rs. per mensem
|
Scale-II Rs. per mensem.
|
|
|
|
|
Rs.
|
a.
|
p.
|
Rs.
|
a.
|
p.
|
|
|
11.
|
Inspectors and Sub-Inspectors
employed on prosecuting duties, or in the Criminal Investigation Department,
Police Training School or Finger Print Bureau (except when ecployed as
clerks), and Assistant Sub-Inspectors employed in the Criminal Investigation
Department
|
Conveyance Allowance
|
11
|
4
|
0
|
11
|
4
|
0
|
Unqualified Sub-Inspectors who are employed on
prosecuting duties are allowed horse allowance at the usual rates, provided
they maintain horses, and are not entitled to special of Rs.30 per mensem
sanctioned for Prosecuting Sub-Inspectors
|
|
12.
|
Horse Sowars …
|
Horse allowance
|
30
|
0
|
0
|
30
|
0
|
0
|
|
|
13.
|
Camel Sowars …
|
Camel allowance
|
20
|
0
|
0
|
20
|
0
|
0
|
|
|
14.
|
Officers incharge of the 3 Border
Our-posts at Vehoa, Chittawatta and Lakhani, in Dera Ghazi Khan District
|
Horse allowance
|
20
|
0
|
0
|
|
…
|
|
|
Note – 1 – The rates sanctioned for scale II apply where the
headquarters of the Government servants
concerned are at any the following places:-
Lahore municipal area and cantonments.
Ambala municipal area and cantonments.
Jullundur municipal area and cantonments.
Multan municipal area and cantonments.
Rawalpindi municipal area and cantonments.
Sialkot municipal area and cantonments.
Jhelum municipal area and cantonments.
Ferozepore municipal area and cantonments.
Amritsar municipal area and cantonments.
The Murree and Kahuta tahsils of the Rawalpindi
district.
Lyallpur municipal area.
Sargodha municipal area.
Simla district.
Kangra district.
Mandi, Suket and Chamba States.
Kalka, Kasauli and the Morni Ilaqa of the
Ambala district.
The Pathankot tahsil of the Gurdaspur district.
The rates sanctioned for scale I apply to
Government servants whose headquarters are situated elsewhere.
Note – 2 – No allowance shall be paid to an Inspector or a
Sergeant who has a motor cycle provided and maintained at Government expense.
Note – 3 – Those officers in charge of Police Stations of
the Ferozepore, Hissar, Muzaffargarh, Mianwali, Jhang and Shahpur districts,
who have been permitted to keep a camel instead of a horse, will continue to
draw a conveyance allowance of Rs.30 per mensem.
Note – 4 – The allowance for officers mentioned at serial
(9), (11) and (12) of this rule is admissible ever when no conveyance is kept,
but will not be drawn in addition to horse or bicycle allowance.
Note – 5 – Sergeants who are required to keep horses, may
draw the usual conveyance allowance during the period they are undergoing
training at the Police Training School, Phillaur.
Note – 6 – The sub-inspector incharge of the Murree Police
Station is permitted to maintain a motor cycle in addition to a horse and to
draw a motorcycle allowance of Rs.25 per mensem in addition to the horse
allowance of Rs.30 per mensem drawn by him.
Note – 7 – Mounted Police Officers placed under suspension
shall not be entitled to draw horse, pony or camel allowance, as the case may
be, but shall hand over their mounts to the Lines officer, or the officer in
charge of the mounted police, who shall be responsible for the feeding and
keeping of such animals, vide rule 7-27(2).
Note – 8 – During leave or joining time a conveyance or horse
allowance may be granted in accordance with Ruls 2-16 of Traveling Allowance
Rules.
10-76. Free quarters and house rent allowance – (I) All enrolled police officers are entitled to free
quarters for themselves in the Government barracks or other buildings provided
at their headquarters. When such accommodation is not available other suitable
quarters shall be provided or house rent allowance granted in lieu thereof.
Such allowances will only be granted in cases where there are insuperable
difficulties in leasing suitable accommodation by Government. The leasing of
housed for, and recovery of house rent from, gazetted officers are government
by Fundamental Rule 45-A and Subsidiary Rule 7-35.
(2) The
following table shows the maximum rates of house rent allowances which may be
granted to police officer; the amount of the allowance will be determined by
the circumstances of each particular case:---
|
Nature of power
|
To whom delegated.
|
Extent.
|
|
To sanction house rent
|
(a) Inspector General of Police .
|
(i) European Inspectors
|
Up to a maximum of Rs.60 per mensm
throughout the Punjab and Delhi Province in respect of Government Railway
Police only.
|
|
Nature of power
|
To whom delegated.
|
Extent.
|
|
Contd.
To sanction house rent allowance.
|
(b) Deputy Inspectors-General of Police and
Assistant Inspector-General, Government Railway Police.
(c) Superintendents of Police and Assistant
Inspector General, Government Railway Police
|
(ii) Sergeants
(1) Indian Inspectors at –
(a) the headquarters or
Cantonments of Delhi in respect of Government Railway Police only, Ambala,
Lahore, Amritsar, Rawalpindi, Multan ,Simla, Lyallpur and Montgomery.
(b) the headquarters or
Cantonments of Jullundur, Karnal, Ferozepore, Gujranwala, Sheikhupura,
Dharamsala, Sargodha and Campbellpur.
(c) any other place in the
Punjab.
(2) Probationary Inspectors.
(3) Sub-Inspectors.
(a) the headquarters or Cantonments of Delhi,
in respect of Government Railway Police only, Lahore, Amritsar, Rawalpindi,
Multan,, Simla, Lyallpur, Montgomery, Muree and Dalhousie and at the
Cantonment of Ambala.
(b) the headquarters or
Cantonments of Jullundur, Karnal, Ferozepore, Gujranwala, Sheikhupura,
Sargoha, Campbllpur, headquarters of Ambala excluding the Cantonment and any
hill station other than Simla, Murree and Dalhouie.
(c) Any other place in the
Punjab.
(4) Probationary Sub-Inspectors.
(5) Assistant Sub-Inspector, probationary assistant
sub-inspectors and head constables at –
|
Rs. 45 per mensem throughout the
Punjab and Delhi Province in respect of Government Railway Police only.
Rs. 35 per mensem.
Rs. 20 per mensem.
Rs. 12 per mensem.
Up to a maximum of half the rates
admissible to Inspectors.
Rs. 18 per mensem.
Rs. 10 per mensem.
Rs.6 per mensem.
Half
the rates admissible to
sub-Inspector
|
|
Nature of power
|
To whom delegated.
|
Extent.
|
|
|
|
(a) the headquarters or
Cantonments of Delhi, in respect of Government Railway Police only, Lahorre,
Amritsar, Rawalpinhi, Multan, Simla, Lyallpur, Montomery, Murree and
Dalhousie.
(b) the headquarters or
Cantonments of Ambala, Jullundur, Karnal, Ferozepore, Gujranwala, Sheikupura,
Sargodha, Campbellpur and any hill station other than Simla, Murree and
Dalhousie.
(c) Any other place in the
Punjab.
(1) In the headquarters or
Cantonments of –
(a) Simla
(b) In the headquarters or
Cantonments of –
(c) Delhi in respect of
Government Railway Police only, Hissar, Rohtak, Gurgaon, Karnal, Ambala,
Ludhiana, Lahore, Gurdaspur, Sialkot, Gujranwala, Amritsar, Jhang. Multan,
Rawalpindhi, Gujrat, Shahpur, Jhelum, and Attock.
(2) Elsewhere . . . . . .
|
Rs.5 per mensem.
Rs.3-8-0 per mensem.
Rs.2-8-0 per mensem.
Up
to Rs.4 per mensem for married constables.
Up
to Rs.3 per mensem for married constables.
Up
to Rs.2 per mensem for married constables.
Up
to Re. I pe mensem for married constables.
|
Subject
to conditions laid down in Rule 10-76 of Punjab Police rules and further,
where, in any individual case, an officer is in receipt of house-rent allowance
in excess of these revised rates (in above table) prescribed with effect from 1st
August 1929, he will continue to draw his existing allo3ance until such time as
it automatically lapses by his transfer or by his proceeding on long leave.
Note - proportionate number of
subordinates shall be provided with accommodation as follows:---
(i) Probationary inspectors house-rent allowance at half the
maximum rates prescribed for inspectors.
(ii) Probationary sub-inspectors.- If married quarters are
available and more than one sub-inspector or assistant sub-inspector is under
training, two such probationary officers may be allotted to each quarter. If no
quarter is available, probationary sub-inspectors should be granted house rent
allowance at half the maximum rates prescribed for sub-inspectors.
(iii) Probationary assistant sub-inspectors. – A number of head
constable’s rooms attached to barracks should be reserved for these officers.
(iv) Probationary sub-inspectors and assistant sub-inspectors at
police stations. – Probationary officers shall occupy the rooms previously in
possession of the sub-inspector in charge who should be granted house rent
allowance if no married accommodation is provided by Government. Where, the
sub-inspector in charge wishes to remain in the police station, probationary
officers shall, if possible, occupy other available room. If, however,
accommodation is not available probationary officers should be granted
house-rent allowance, sub-inspectors at half the maximum rate and assistant
sub-inspectors at the full rate admissible to them.
(3) A superior officer not below the rank
of sub-inspector shall certify monthly in the case of Head Constables and
Constable that their wives and families, if any, are residing with them, and
that no official quarters are available. The number of allowances shall be
reduced proportionately as married quarters become available. Generally
priority shall be given according to length of service.
(4) Applications for house-rent allowance
shall be made in form 10.76 (4) in the case of European Inspectors &
Sergeants to the Inspector – General of Police, in the case of Indian
Inspectors & Probationary Inspectors to the Deputy Inspector – General of
Police or to the Assistant Inspector – General, Government Railway Police, in
the case of Sub-Inspectors, Probationary Sub-Inspectors to the Superintendent
of Police or to the Assistant Inspector General, Government Railway Police. A
report from the Tahsildar as to whether the rent proposed is reasonable
according to local rates shall be obtained through the District Magistrate on
the application before it is submitted to the officers mentioned above. The
grant of house-rent allowances to lower subordinates shall be governed by Rules
3-20 & 3-21. The payment of
house-rent allowance to officers of all ranks is conditional on the regular
submission in arrears by one month by the actual payees of receipts from the
owner of the premises rented. If the receipt of the house owner is more than 1
month in arrears, no further allowance shall be paid until the house owner’s
receipts are received. These receipts should be forwarded to the
Accountant-General with a covering letter.
(5) Three registers of house-rent
allowances sanctioned shall be maintained in each district in Form 10-76(5),
(1) for European Inspectors and sergeants, (2) for Indian Inspectors and (3)
for Sub-Inspectors, Assistant Sub-Inspectors and Head Constables.
(6) The Inspector-General of Police in
case of European Inspectors and Sergeant and Range Deputy Inspectors-General of
Police in case of Indian Inspectors shall submit to the Accountant-General a
monthly consolidated statement in form 10-76(6) of sanctions to the grant or
cessation of house-rent allowance to these officers serving in districts of the
Punjab other than Lahore by the 10th of the month succeeding that to
which the sanctions relate. In the case of the Lahore district the monthly
statements shall reach the Accountant-General by the 25th of the
month in which sanction is accorded to facilitate the pre-audit of monthly
bills.
10-77. House
rent allowance of officers on leave or transfer – House rent allowance may only be drawn during leave
and temporary transfer when, in addition to the conditions in rule 10-73(1)
being fulfilled, those in rule 14.3, Punjab Financial Hand Book No. 2,
Volume-II are also complied with. The absentee may continue to draw the
allowance up to four months if he certifies that his previous expenditure for a
house continues during his absence and places his quarters rent free at the
disposal of the officer deputed to officiate for him. If, however, the officiating
officer is permitted on authority not less than that of a Superintendent of
Police, to reuse to occupy those quarters, he and not the absentee officer will
draw the allowance. (Subsidiary rule 14-6).
10-78. Grain compensation allowance – (1) Grain compensation allowance is a compensatory
allowance admissible to whole time Government servants including those holding
temporary posts, shoes pay lies within certain limits, to compensate them from
time to time for the high prices of food grains. The allowance will be
admissible according to the following scales:---
|
Rate of pay of sholetime Government servants.
|
Amount of grain compensation allowance admissible if
average price of principal food grain of the district is
|
|
Not more than
|
But more than
|
Dearer than 7 ceers per rupee, but not dearer than 6
seers per rupee (I Scale).
|
Dearer than 6 ceers per rupee, but not dearer than 5
seers per rupee (II Scale).
|
|
Rs. per month
32
31
30
16
|
Rs. per month
31
30
16
15
|
Rs. per month
. .
1
2
1
|
Rs. per month
1
2
3
2
|
Note – The term “Pay” does not include a compensatory
allowance.
(2) The rates of grain compensation
allowance, according to the average price of the foodstuff for the district
concerned, admissible for any month will be determined according to the rules framed
by Government for the purpose, and should be ascertained monthly from the
office of the Deputy Commissioner. (See Subsidiary Rule 14-16 in the
Financial Hand Book No, 2, Volume II.)
(3)
On receipt of intimation that grain compensation allowance is admissible for
any month, arrears bills shall be prepared for all police officers and
non-enrolled establishment (including whole-time menials) who are eligible to
draw it. These bills shall be prepared in accordance with the instructions
contained in Article 72, Civil Account Code. A list of absentees and a memo, of
savings shall also be prepared and kept as an office record. The receipts of
the payees shall be obtained in separate Urdu acquittance rolls.
10-79. Payment
of pay of men discharged – The pay due to the date of an officer finally
quitting Government service may be drawn before the end of the month. (Article
38, Civil Account Code, Volume I.) All sums due to such an officer should be
paid on his leaving the force, and should on no account be withheld for
remittance to him afterwards, as the latter course causes unnecessary
correspondence and inconvenience. Amounts due to lower subordinates leaving the
force permanently may be advanced from the permanent advance in cases where the
preparation and encashment of supplementary pay bills or cheques would result
in the man being detained beyond the date of his discharge. Superintendents are
responsible that, prior to the marking of final payments to men about to be
discharged, all lawful deductions are made and all dues to Government realized.
10-80. Pay of
deceased police office – Pay and
allowances should be drawn up to, and including, the day of an officer’s death;
the hour at which death takes place has no effect on the claim. (Article 39,
Civil Account Code, Volume I.)
10-81. Fund
deductions – Deductions are made
on account of the following funds:---
(i) General Provident Fund, -vide rule 10-173.
(ii) Post Office Insurance Fund. Deduction from pay bills may be
made only under instructions communicated to the insured person’s superior
officer by the audit officer A superior officer will, therefore, allow no
deduction on account of premia or subscriptions to be made from pay bill except
on account of those duly authorized to subscribe. (Article 237, Civil Account
Code.)
10-82. Taxation – (1)
Police Officers are not exempted from taxation in their individual capacities,
but taxes other than income-tax shall not be collected departmentally on behalf
of the taxation authorities. All reasonable information required by such
authorities from an office regarding himself and his subordinates shall be
supplied. (Article 44 to 46m, civil Account Code, and Appendix 2 of Civil
Account Code, Volume I.)
(2) All pay, allowances, pensions,
gratuity, fees, commission and perquisites enumerated in section 7 (I) the
Income-tax Act (Act XI f 1922) are liable to income-tax with the following
exceptions:---
(1)
Travelling allowance.
(2)
Conveyance
or horse allowance.
(3)
General
Provident or other similar fund and life insurances provided that such deducted
sums shall not exceed one-sixth of the salary.
(4)
Advances
of pay and other advances made by Government to its offices.
(5)
Allowances
attached to:---
The Military Cross.
The Order of British India.
The Indian Order of Merit.
The King’s Police Medal.
The Indian Police Medal.
Extraordinary
gratuities granted by Government to officers (or to their window, children or
other representatives, as the case may be) who are injured or killed in the
execution of their duties or who suffer injury or death owing to devotion to
duty.
(6)
The
allowances or salary paid in the United Kingdom to officers on leave or duty in
that country, whether such allowance or salary is paid in sterling in the
United Kingdom or by means of negotiable rupee drafts on banks in India.
Detailed instructions will be found in the
income-tax Act (XI of 1922) and Appendix 2 of the Civil Account Code.
(3) Motor vehicles owned by Government and
kept for use by the police department are exempt from liability to pay tax
under the Punjab Vehicles Taxation Rules, 1925.
(4) The Provincial Government has directed
that professional taxes shall be levied by local bodies in accordance with
rates fixed by them subject to the confirmation of Deputy Commissioner.
10-83. Pay
bill of gazetted officers – (1) Pay and allowances of gazetted officers
shall be drawn on form No. A. F-71 (b), and will be paid only upon the
personal claim of the officer concerned and to his personal receipt (Article
49, Civil Account Code, Volume-I,).
(2)
Gazetted officers may, under the conditions prescribed by Article 56, Civil
Account Code, draw part of their pay from the treasury of the district in which
they are serving and part through a bank in Lahore.
(3)
No officer may draw an increased or a changed rate of pay or fixed allowance
unless the bill is pre-audited or supported by a pay slip from the Accountant –
General. The last pay bill of an officer finally quitting Government service
and bills for rewards for proficiency in oriental languages require
pre-audit.(Articles 51 and 55, Civil Account Code, Volume I)
10-84. Subordinate establishments – The establishment in each rank and grade and the
number and description of allowances are sanctioned from time to time by the
Provincial Government.
The sanctioned establishment may on no account
be exceeded except in the case of allowances for officers acting in leave and
other vacancies.
Upper subordinates are borne upon a
provincial or range cadre; provided that the total sanctioned number in each
rank and grade for the province or range is not exceeded, upper subordinates
can be posted to districts at the discretion of the authority empowered to make
such postings.
10-85. Annual establishment return – Superintendent shall submit the following statements
by the 15th April in each year to the Deputy Inspector-General:---
(a) showing the names of all upper subordinates who have been on
leave other than casual leave, and under suspension during the year, with
description and period of leave or suspension, the dates of beginning and
ending being specified, and in cases of suspension it being stated whether the
period is to count towards pension.
(b) Specifying the pay bills with which the health and age
certificates of new incumbents entertained during the year were furnished to
the Accountant-General’s Office.
(c) Specifying the names of upper subordinates who were shown in
the previous year’s list, but were omitted form the current year’s list with
particulars as to dates from which they ceased to be borne on the list and why.
On receipt of these statements Deputy
Inspector-General shall cause a careful check of their accuracy to be made, and
shall compile consolidated statements for all districts in their range; these
they shall submit, together with muster rolls of their own office establishments,
to reach the Central Police Office by the 1st May. The Deputy
Inspector-General, Criminal Investigation Department and the Assistant
Inspector-General, Government Railway Police, shall similarly prepare and
submit returns relating to upper subordinates and clerks borne on their lists.
The lists, after being checked in the Central Police Office shall be forwarded
to the Accountant-General with the annual printed list of inspectors, sergeants
and sub-inspectors.
10-86. Changes in establishment – All changes in establishment due to officers leaving
the service, or to promotions, reductions, transfers to other districts or
departments, etc., shall be recorded form time to time as they take place in
the Order Book and in the “Memorandum of Changes” maintained in Form No. 10-86,
which shall be prepared separately for lower subordinates and temporary
establishment.
Care should be taken that all appointments
remaining vacant in the previous month are first recorded in this form before
the changes of the current month are entered, and that all vacancies in the
rank of constable are shown in the lowest grade.
10-87. Deductions – (1) All recoveries or deductions which are made form officers are
either recurrent or casual.
(2) Recurrent deductions are made at a fixed
rate on account of income-tax, or fund subscriptions.
(3) Casual deductions are those which are
made to recover a specified sum, whether in one or more installments. No
deductions other than those sanctioned by the Police Rules are permitted except
such as are required to be made in compliance with the order of a court of law
or other competent authority.
(4) Every casual deduction shall be
supported by an order in the Order Book and shall be recovered at the rate
prescribed in such order. If no rate has been prescribed the total of all
deductions made in any one month should not ordinarily exceed one-third of pay.
(5) The accountant shall, immediately on
receipt of authority in the form of the copy of the daily orders supplied to
him (vide rule 10-89) make an entry of each deduction ordered in Form
10-87(5) “Memorandum of Deductions”. In the column for “Refunds” shall be
included advances recoverable (rule 10-60), recoveries ordered by the
Accountant-General or other competent authority, and recoveries due for
previous months on account of commutation of leave, suspension, reduction and
income-tax. Deductions outstanding in the previous month should be recorded
first.
(6) All deductions shall, as far as
possible, be made by short drawals from the pay of the officers concerned, and
not in cash. When made in cash and when it is not possible immediately to
credit the amount received in the treasury or hand it over to the payee, it
shall be placed in the police cash chest.
10-88. Gradation lists of officers below the rank of
Assistant sub-inspector – (1) For the purpose of awarding increments
to all officers below the rank of assistant sub-inspector and checking pay
bills, annual gradation lists shall be maintained in English in Form 10-88(1).
Separate lists shall be maintained for each distinct time-scale.
(2)(a) the increments of pay due to
these officers are who in Appendix 10-63, Table A.
(b) Previous
service in the Army or police may be included as approved service if duly
sanctioned under rule 12-24.
(3) On the last working day of each month
the numbers of officers on each rate of pay shall be entered serially in the
column for the current month, the numbers of the men on the first rate being
entered in red ink, those on the next rate in black ink, and so on in alternate
colours.
(4)(a) An increment shall accrue
from the date it falls due unless it is whithheld in which case it shall be
drawn from the date specified in the order withholding the increment. In
withholding the increment the withholding authority shall state the period for
which if is withheld and whether the postponement shall have the effect of
postponing future increments.
(b) Reductions
shall ordinarily take effect from the date specified in the order of reduction.
If, however, the date is not specified, the reduction shall take effect from
the date succeeding the date on which the order is passed. (Fundamental Rule
24 and 29 and Police Rule 16-5).
(5) When an officer is reduced for a
specified period only, an entry shall be made in the column of remarks,
opposite his name, giving a reference to the Order Book number and his name
shall be re-entered temporarily at the bottom of the grade to which reduced or
at such other position as may be mentioned in the order of reduction. A note
shall be recorded in the column of remarks opposite the new entry showing the
date on which the period of reduction expires. On the expiry of the period of
reduction the second entry will be struck out and the name will re-appear in
its original place.
(6) When forfeiture of approved service of
an officer is ordered his name shall be struck out from its original position
and re-entered in the particular place at which it should appear, after
deducting the amount of approved service forfeited, a reference to the order
Book being given in the column of remarks over the signature of the
Superintendent.
(7) When an officer’s name finally ceases
to be borne on the strength of the force from any cause it shall be struck out
of the gradation list, a reference to the Order Book being given in the remarks
column.
(8) The names of officers transferred from
other districts shall be inserted at their proper place in accordance with
their total approved service, such entries being signed by a gazetted officer.
(9) An index to each gradation list shall
be maintained at the end of the book in the form of a serial list of
constabulary numbers and, in a parallel column, the corresponding gradation
list serial numbers. New gradation lists shall be prepared during the month of
January of each year. The gradation lists shall be treated as permanent
records.
10-89. List of absentees – The orderly head constable, as relevant orders appear
in the Order Book, make entries in Form 10-89(A) regarding absences from duty
of all kinds. This list shall be closed on the date in each month on which the
preparation of acquittance rolls is begun, and shall be made over to the
accountant, who will prepare the absentee statement in Form 10-89 (B) for upper
subordinates only and the register of absentees in Form No. 10-89 (C) for lower
subordinates. In the preparation of the register of absentees the following
instruction shall be carefully observed:---
(a) Names of all men on leave (other than
casual leave shall be entered in the register, whether their leave pay is drawn
or held over for future payment, and whether any eave deduction is made from
held pay or not.
(b) If leave pay cannot be paid to an
absentee in the manner prescribed in rule 10-20 (2), or if the absentee does
not wish to be paid monthly, such pay shall be held over for future payment.
(c) All deductions shall be made in the
register for the month in which they become due, irrespective of whether the
absentee drawn his pay or not. Deduction omitted from any cause in the register
for the month in which they become due shall be made, if the absentee’s pay is
held over for future payment, by short drawal at the time of payment, and if
the pay has been disbursed, by deduction under “Refunds” in the “Memorandum of
Deductions” for the succeeding month.
10-90. Acquittance Rolls – (1) The acquittance roll in Form 10-90(1)(A) for upper
subordinates and in Form 10-90(1)(B) for lower subordinates provides the
material from which consolidated pay bills are prepared and is the means by which
pay is disbursed to individuals. Separate acquittance rolls shall be made out
for each place at which pay is distributed by the officers noted below. The
names of permanent places shall be entered in separate rolls:---
(1) Officer in charge of police
stations – For all officers attached to their stations, including all posts
subordinate to such stations, and for absentees residing in their
jurisdictions.
(2) The Line Officer – For
officers in the lines, officer, guards and hospital, orderlies and absentees
residing at headquarters.
(3) Orderly Head Constable – For (a)
officers serving and absentees residing in other districts, (b) offices
under training at the Police Training School or serving in other districts and
drawing their pay there (in such cases the name of the place or district should
be noted in the column of remarks), and (c) officers who have rejoined
during the month and who have not received their pay while absent. Separate
acquittance rolls shall be prepared for class (c) above.
All acquittance rolls on account of pay
and allowance for the current month shall be submitted so as to reach
headquarters by the 20th of that month.
(2) The accountant shall not prepare
acquittance rolls. The preparing officers shall only enter the rate of pay and
allowances and the total amounts claimed; the accountant shall enter deductions
and the balance to be paid after checking the entries with the assistance of
the orderly head constable by means of the acquittance rolls of the previous
month, the long roll, order book, register of postings and the records
prescribed in rules 10-86, 10-87, 10-88 and 10-89. He shall then prepare the
abstract on the reverse of the acquittance rolls.
(3) The following instructions for taking
payees’ receipts on pay bills and acquittance rolls should be carefully
observed:---
(a) The receipts of clerks in the Central Police Office, Criminal
Investigation Department, Range and Railway Police Offices for pay and
allowances shall be taken on the office copy of the combined pay bill and
acquittance roll in Form No. C. A. C. 10 as inserted by correction slip No.
185, dated the 1st October 1928, and amended by correction slip No.
317, dated the 1st April 1930, to the Civil Account Code, Volume I.
Such bills shall be preserved for six years but before they are destroyed the
periods of temporary and officiating service shall be verified by the heads of
offices from the bills concerned and the fact of verification recorded under
proper attestation in the service books. The heads of offices shall also
invariably give the necessary particulars with reference to Articles 370 and
371, Civil Service Regulations, in order to enable the Audit Office to decide
later on, by reference merely to such particulars, whether the temporary or
officiating service will qualify for pension or not ; for example, in the case
of officiating service, the nature of the vacancy in which the clerk officiated
and, in the case of temporary service, whether the temporary post was
subsequently made permanent, shall be stated.
(b) The acquittance rolls of upper subordinates shall be
destroyed after six years and those of lower sub-ordinates after 35 years after
the procedure for verification of service detailed in clause (a) has
been carried out.
Note – With
regard to the verification of service from the pay bills and acquittance rolls
see rule 12-36.
10-91. List of
transfers and absentees – A list of
officers who have left a station during the month shall be carefully prepared
at the end of the acquittance roll as any omissions or mistakes in such list,
cause great inconvenience. Changes occurring after the submission of the roll,
but before the end of the month, shall be promptly and specially reported. If
possible, they will be incorporated in the month’s accounts, otherwise they
will be dealt with in the next month’s accounts.
Where
local allowances are sanctioned, a list of all payments to, or transfers from,
such localities made during the month, shall be submitted with the acquittance
roll in Form 10-91. The list will be checked by the orderly head constable and
the accountant who will endorse thereon their reports for the orders of the
Superintendent and insertion, when necessary, in the Order Book. In the case of
allowances attached to particular posts, and admissible only to the holders of
such posts for the time being, care should be taken that no allowance is either
entered in the acquittance rolls or drawn in the pay bills for any period
during which such a post remained vacant. All certificates required by rule
10.76 et. seq. in support of claims of house rent, conveyance allowance
and the like shall be attached with the list prescribed above.
10-92. Acquittance
rolls for absentees – The pay of men under training at the Police
Training School is drawn and disbursed by the Principal of the School, all
students receiving a last pay certificate from their districts on first
proceeding to the school. Acquittance rolls shall be prepared by the orderly
head constable for such men for purposes of check only ; no amounts for
disbursement should be shown in them. Separate acquittance rolls are required
for obtaining receipts for pay of absentees. The names of men on leave, who
have elected to receive their leave pay through the police station nearest to
their homes (vide rule 8.16) in the acquittance roll of the police station
concerned. Another acquittance roll shall be prepared by the orderly head
constable for all men, who are to receive their pay by money order, the money
order receipts being attached against the appropriate entries in this roll on
receipt. Separate acquittance rolls shall similarly be prepared corresponding
to the detail of each Remittance Transfer Receipt which is to be sent to
another district on account of the pay of absentees. These acquittance rolls
shall be sent to the Superintendent of Police concerned together with the
Remittance Transfer Receipts, and shall be returned to the district of issue,
duly signed by the actual payees.
10-93. Comparison
and completion by the accountant – On receipt of the acquittance rolls,
the accountant, with the aid of the orderly head constable, shall check and
complete them. For this purpose he should first satisfy himself of the
correctness of the “Memorandum of Changes” (rule 10-86), register of absentees
(rule 10-89(B)), gradation list of constables (rule 10-88 (1), and “Memorandum
of Deductions” (rule 10-87(5) by actual comparison with the Order Book entries.
He shall then check the by means of these memoranda and his own check statement
of postings (Form 10-93) which is based o the acquittance rolls of previous
months, and after making all necessary corrections in red ink and initialing
them, shall fill in the abstract on the reverse of the rolls. Appointments
which existed for apportion only of the month shall be shown I fractions thus
27/30, 13/31 the upper figures showing the days for which the appointments
existed and the lower ones the number of days in the month.
10-94. The
Pay Sheets – When acquittance rolls have been thoroughly checked the
entries concerning lower subordinates shall be transferred into the pay sheet
(From No. 10.94), and totaled in accordance with the instructions noted on the
form.
10-95. Monthly
bills of upper subordinates – (1) From the acquittance rolls the upper
subordinates pay bill shall be prepared in A and T Form No. 294 separately for
permanent and temporary establishments. The dates and amounts of supplementary
bills and date of relief or assumption of charge in the case of any noted.
Gazette notification shall be quoted for all altered or new charges and
provincial and range numbers shall be shown. The names of acting officers
should be noted below the last entry of a substantive officer in the bill.
Absentee statements referred to in rule 10.89 shall be attached to the bill.
(2)
Absentee statements shall be submitted to the Accountant – General on the 15th
of the month following that to which the events relate:---
(a) By the Inspector – General:- a consolidated statement in the
case of permanent or officiating vacancies in the rank of inspector and
sergeant showing the complete chain of arrangements, and a statement showing
permanent or officiating vacancies in the clerical establishment of the
department.
(b) By Deputy Inspectors – General:- consolidated statement in
the case of permanent or officiating vacancies in the rank of sub-inspector and
assistant sub-inspector and officiating appointments in their places.
Note – A
consolidated statement is not required in respect of sub-inspectors of the
railway police.
(3) Deputy Inspectors – General shall
forward to the Inspector – General on the 10th of each month a
statement showing permanent or officiating vacancies in the clerical
establishment of their own offices. Superintendents shall forward on the 5th
of each month copies of absentee statements respecting inspectors and sergeants
direct to the Inspector – General and copies of similar statements respecting
sub-inspectors and assistant sub-inspectors to the Deputy Inspector – General
of the range.
(4) Health, last pay and charge
certificates shall be attached duty signed to the pay bills. Each allowance
drawn by an officer should be shown separately below his substantive pay, and
the authority for “personal pay”, if any, should be quoted.
10-96. Monthly bills of lower subordinates – (1) To facilitate the compilation of the lower
subordinates’ pay bill the accountant shall prepare monthly the following
memoranda:---
A. Memorandum
for testing the grant of increments to constables [Form 10-96(1) (A)]. The
object of this memorandum is to obtain from the figures in the gradation list
[rule 10-88(1)] the correct amounts in each grade to be drawn respectively in
the pay bills of permanent establishment and additional police, after
consolidating broken periods in various grades and the vacancies in the lowest
grade in the manner shown in the form.
B. Abstract
of savings (form 10-94(1)(A) part.II), obtained from the memorandum of changes
(rule 10-86). From these and the register of absentees and the pay sheet, the
lower subordinates’ pay bill in Forms 10-96 (1)(B) and 10-27(1)(b) shall
be prepared. In this bill names of individual officers need not be shown.
Allowances according to Appendix 10-63, Table B, shall be shown in lump sums
separately from pay, No office copy is necessary, if the pay sheet is properly
prepared.
The following certificates, with such
modifications as may be necessary, should be furnished before the pay bill is
submitted for encashment.
(1) Received contents; also certified that I have
satisfied myself that all pay included in bills drawn 30 days previous to this
date with the exception of those detailed below (of which the total has been
refunded by deduction from this bill), have been disbursed to the proper
persons and that their receipts have been taken in acquittance rolls filed in
may office, with receipt stamps duly cancelled for every payment in excess of
Rs.20. Further certified that all persons for whom pay has been drawn in this
bill have actually been entertained during the month.
(2) Certified that no person in Superior Service on
this establishment has been absent either on deputation or suspension or with
or without leave (except on Casual leave) during the month, ad further that all
appointments and promotions, temporary or permanent, have been recorded in the
character rolls of the persons concerned under my initials.
(3) Certified that I have personally satisfied myself
that during the month of _______ ___________19, for which this bill is drawn,
the number of Constables of different periods of approved service was as
follows:---
|
Number of Selection Grade Constables on –
|
Number of Foot-Constables
|
|
Rs.28
|
Rs.27
|
Rs.26
|
Rs.25
|
Rs.24
|
Rs.23
|
Rs.22
|
Rs.21
|
Rs.20
|
1st grade at Rs.20
|
2nd grade at Rs.19
|
3rd grade at Rs.18
|
4th grade at Rs.17
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(4) Certified that the Head Constables and Foot
Constables, Selection Grade, for whom pay in excess of the minimum has been
claimed, have rendered the required period of approved service entitling them
to the increased pay.
(5) Certified that no leave has been granted until, by
reference to the applicant’s leave account maintained under Fundamental Rule
76, I had satisfied myself that it was admissible, and that all grants of leave
and departures on, and returns from leave and all periods of suspension and
deputation, have been recorded in the Service Books under my initials.
(6) certified that no person for whom house-rent
allowance has been drawn in this bill has been in occupation of Government
rent-free quarters during the period for which the allowance has been drawn.
(7) Certified that the Government servants for whom
conveyance allowance has been drawn actually maintained camels / horses /
cycles and were not employed as clerks.
(8) Certified that Special Pay has been granted to
those actually performing duties of the posts for which it has been sanctioned.
(9) Certified that the Government servants for whom
leave salary has been drawn equal to their substantive pay held substantively
permanent post under Government on 24th August, 1927.
(10) Certified that the actual payee’s receipts for
house rent allowances are on record in all cases; that in no case is the amount
paid to the house owner less than the amount of house rent allowance claimed;
that Government rent free quarters were not available and that persons in
receipt of the allowances lived with their wives (and families, if any) in the
rented quarters during the period for which claim has been preferred.
N. B. – The
words “received contents” should be scored through by the drawing officers in
the case of bills presented at the pre-audit counter of Accountant-General’s
Office.
(2) It should be noted that the figures
given in columns 1 and 3 of the pay bill [10-96(1)(B)] represent the sanctioned
strength and pay of the force, and that these alone can be checked in the
office of the Accountant-General. It is necessary that the figures shown in
columns 4 to 7 should be carefully checked and compared with the office
memoranda referred to in sub-rule(1) above. The pay and acting allowances of a
head constable officiating as an assistant sub-inspector shall be drawn in the
upper subordinates’ salary bill, whilst in the lower subordinates’ bill his pay
will be shown as a “Saving”. On the other hand the pay of a constable
officiating as a head constable shall be included among the pay of constables.
In such cases his acting allowance as a head constable shall be shown in the
lower subordinates bill, by a separate entry, if it is the result of an average
pay leave vacancy or of a chain of promotion or deputation vacancies; and, if
the vacancy is caused by absence on leave on half or quarter average salary or
without pay, by the amount being included in column 8 of the bill against the
entry referring to head constables of the grade to which the absentee belongs.
(3) The certificates printed in the form
should be signed after the officer signing has satisfied himself by the
necessary check of the bills that he is able to do so.
(4) The specimen from published with these
rules is complete with certificates and check memoranda, and should be
carefully studied.
10-97. Arrear bills – (1) Arrears of pay and allowances shall be drawn in bills in form
10-96(1)(B) distinct from the monthly pay bills, and may be present at the
treasury at any time. The amount claimed for each month must be shown
separately, with a reference to the bills from which the amount was omitted,
withheld, or refunded by deduction, or to any special authority sanctioning
anew charge (Article 72, Civil Account Code, Volume I)
(2) If an upper subordinate is transferred
with arrears of pay due to him, the fact shall be stated in his last pay
certificate; his arrears may then be drawn in his new district.
(3) Arrears bills shall be thoroughly
checked by a gazetted officer with the file of leave certificate (rule 8-15),
and the register of absentees, and entry being made in the latter showing the
date of drawing the sums withheld. If arrears are drawn at a lower rate than
that shown as withheld in the register of absentees (on account of commutations
of leave, etc.,) only the actual sum required for payment shall be drawn and an
explanatory entry shall be made in the remarks column.
10-98. Disbursement of pay – Pay shall be disbursed by, or through the officers
named in rule 10-40(2) or shall be remitted to absentees monthly. Remittance to
absentees shall be made either by remittance transfer receipts or money order
on the conditions laid down in rule 10-41.
10-99. Return of acquittance rolls – (1) Disbursement of pay must be completed as early as
possible. Acquittance rolls should normally be returned to the accountant by
the normally be returned to the accountant by the 20th of each
month, with payee’s receipts correctly entered in them, and an endorsement
showing the cause, and giving the details of the amounts un-disbursed. Items
for credit to an estate should be returned to headquarters to be credited to
the police deposit account in the treasury. Sums remaining un-disbursed on the
20th of the month on account of the absence of the payee, even
though such absence by only temporary, shall also be returned to headquarters
for refund to the treasury by being short drawn in the next month’s pay bill.
Such sums can be re-drawn by arrears bill either simultaneously with the next
month’s pay, if the absentee has by then returned to his station, or
immediately he does so return. On no account may pay drawn be held in deposit
un-disbursed.
(2) The accountant shall carefully examine
each roll returned by disbursing officers and secure the correction of all
errors and omissions. On completion of this check he will enter the amounts
un-disbursed on the back of the pay sheet, sign thereon his report and place
all the papers before a gazetted officer for check. The latter officer shall
carefully check the reports of the disbursing officers and see that all
un-disbursed amounts have been brought to account in the cash book. He will
then sign a certificate to this effect.
10-100.
Principals of check of pay bills – The
primary responsibility for the correct preparation of pay bills rests with the
orderly head constable and the accountant, who have at their disposal all the
original authorities for changes, absences, etc. By means of the records and
memoranda described in the foregoing rules they are required so to arrange the
drawing and distribution of pay that only such sums are drawn from the treasury
as are required, and that these sums are distributed for disbursement according
to rule. The first check on the work of the above officers is required to be
carried out by the head clerk, who shall verify each item of the bills by means
of the prescribed registers and memoranda, and by reference to the Order Book
and leave accounts, and shall verify all totals and calculations. When the head
clerk has completed his scrutiny, the Superintendent himself, or another
gazetted officer specially designated for the purpose, is required to make a
general but thorough check before signing the bills. It is not incumbent on the
gazetted officer to verify every total and calculation in detail, but it is his
duty fully to satisfy himself that increments have been properly sanctioned;
that all deductions, allowances, withholdings, refunds, etc., and all absences
are supported by proper authority; that the calculations regarding
establishment present on duty and vacancies are correct, and that the
arrangements for the distribution of the total sums contained in the bills are
in order. It is also the duty of the gazetted office signing the pay bills for
any month to assure himself that the pay of the preceding month has been
correctly disbursed and that all un-disbursed items are properly accounted for.
Orders in each district shall prescribe dates for the completion of each stage
in the reparation of monthly pay bills so as to ensure that the signed bills
can be presented for encashment on the proper date.
10-101. Record – (1) Papers dealing with pay, arrears and
supplementary pay shall be filed in the following order:---
(1) The memorandum of changes, the
memorandum of the deductions, the acquittance rolls in the order in which they
have been inserted in the pay sheet, and then the pay sheet itself. They will
be bound in six monthly, quarterly or monthly volumes according to their bulk,
in the following order:---
|
 1st.
Those relating to upper subordinates.
|
Including those relating to arrears or supplementary
bills.
|
|
2nd.
Those relating to additional police.
|
|
3rd.
Those relating to additional police.
|
|
4th.
Those relating to other temporary establishment
|
(2) Office copies of pay bills of upper
subordinates shall be kept together and after the close of the financial year
shall be bound in chronological order. Bills of permanent establishment and of
additional police shall be filed separately.
PART VI
Contingent Charges.
10-102. Classes
of contingent grants – Contingent charges
in the police department are divided into tow classes-
(a)
Contract contingencies.
(b) Special contingencies – known also as “audited”
or “C class” contingencies.
Contingent charges include also Supplies
and Service and allowances and Honoraria, which should, however, be shown
separately in all bills and accounts. (Article 82, Civil Account Code, Volume
I.)
10-103.
Description of classes of contingent grants – (1) Contract grants are lump sums allotted annually, within which an officer
may incur expenditure on the detailed heads of contingencies covered by the
grant at his discretion, provided that the total allotment is not exceeded.
(Article 82, Civil Account Code, Volume I.)
(2) The contract grants for the police
department as a whole is fixed for three years period; consequently revision of
the annual grants of subordinate officer, except by re-allotment within the
total departmental grant, can only be made on the expiry of such periods.
Deputy Inspector General will be called upon, when the grant is under revision,
to recommend decreases or increases for the offices and districts under their
control.
(3) Each head of an office is required
systematically to estimate the expenditure which he can meet in any year from
his contract grant, by allotting to the various units of expenditure included
in the grant share of the total which each requires. It is only after fixed and
inevitable charges, such as fixed allowances, hot and cold weather charges,
etc., have been provided for, that balances can be made available for optional
expenditure.
(4) Charges for Supplies and Service,
Other Allowances and Honoraria and special Contingencies can only be incurred
within the allotment provided in the budget under each unit of expenditure.
Transfer of funds from one such unit to another requires the sanction of the
competent authority.
10-104. Fixed
Contingencies – (1) Fixed allowance for
contingent expenditure are sanctioned for each district (a) for the
purchase of country pens, ink, twine, glue, paste, etc., and (b) for the
purchase of oil for lighting purposes.
(2) The rates of allowances for the
purchase of oil for lighting purposes should be fixed and sanctioned by
Superintendents by virtue of the powers delegated to them in serial No, 5 of the
table appended to rule 20-9 of the Book of Financial Powers. All cases beyond
their competence to sanction should be referred to the Inspector General.
(3) The rates of allowances for the
purchase of country pens, ink, twine, glue, and paste, etc., should normally be
as follows and should be sanctioned by Superintendents by virtue of the powers
delegated to them in the above said rule of the Book of Financial Power.
|
|
Rs.
|
a.
|
p.
|
|
For each police officer
|
. .
|
. .
|
10
|
0
|
0
|
|
For each Range Recruits Training Center
|
. .
|
. .
|
2
|
0
|
0
|
|
For each police station
|
. .
|
. .
|
2
|
0
|
0
|
|
For each police post
|
. .
|
. .
|
0
|
0
|
0
|
|
For each district inspector
|
. .
|
. .
|
1
|
0
|
0
|
Exception – Cantonment and City posts should be treated
separately and special allowances should be sanctioned for them according to
requirements.
Superintendents, however, are not bound by
these limits as the above said rule covers all but exceptional cases which
should be referred to the Inspector General for sanction.
(4) A provision for these allowances has
been included in the annual allotment for contract contingencies of each
district.
(5) The rates of these allowances should
be periodically scrutinized and revised by Superintendents, if necessary,
according to local conditions.
This will be subject to the condition that
the allotment for contract contingencies from which these allowances are to be
met should not be exceeded.
(6) These allowances will be drawn on
regular establishment bill forms, - vide
the note to Article 82, Civil Account Code.
(7) If any saving is anticipated in the
annual contract grant owing to the abolition of posts, etc., the matter should
be at once reported to the Deputy Inspector General who will inform the
Inspector who will inform the Inspector General and also arrange for the
utilization elsewhere of the saving so anticipated.
105. Permanent
advances – (1) A permanent advance is
intended to provide, on the responsibility of the officer entrusted with it,
for emergent petty advances of all kinds, of or such payments as have to be
made in advance of drawing bills, (Article 93, Civil Account Code, Volume I.)
(2) The permanent advances sanctioned for
districts and other offices in the department are published from time in the police
Gazetted. According to the rule of practice laid down by the Accountant
General the amount of such advances will not ordinarily exceed one-half of the
average monthly contingent expenditure of the office concerned.
(3) Each officer holding a permanent
advance is required on transfer of charge and on the 15th April in
each year, to send to the Accountant General an acknowledgment of the amount
accountable for by himself. [See also rule 10-106 (4)].
10-106.
Distribution of permanent advance – (1)
The permanent advance allotted to a Superintendent should be distributed to
subordinate officers in accordance with their requirements. Amounts so allotted
should not be larger than is absolutely necessary and can be varied according
to requirements. (Article 93, Civil Account Code, Volume I.)
(2) The following officers should hold portions of the
permanent advance:---
(a) the senior officer of the prosecuting
branch for all immediate expenditure on diet money, transport charges in
connection with cases, etc., including the recoupment to officers in charge of
police stations of similar expenditure incurred by them. With the approval of
the Superintendent of Police this allotment may be sub-divided to provide an
advance for prosecuting officers of and above the rank of sub-inspector
stationed away from the headquarters of the district.
(b) The Reserve Inspector or lines Officer
for advancing the cost of fares of policemen traveling on duty, freight of
their baggage, transport charges on Government account, and petty purchases and
repairs of Government buildings and property, which he is called upon to
execute, and for advance payments required to be made under rule 10-79.
(c) Officers in charge of police stations
for purposes similar to the above in respect of their police stations.
(3)
Subject to the allotment to the officers specified in the preceding sub-rule of
adequate shares of the permanent advance, further distribution may, if the
necessity therefore is established, to the reader to the Superintendent, to
gazetted officers in charge of sub-divisions and to the District Inspector. A
small balance should remain in the hands of the accountant for emergent
expenditure in the headquarters office, such as payment for value payable
parcels and bearing charges, but, in accordance with the principal stated in
rule 10-46 (vii) this officer should be used as little as possible as a
disbursing officer. A statement showing the distribution of his permanent
advance allotment made by the Superintendent shall be entered on the first page
of the general cash book.
(4) All police officers holding allotments from
the permanent advance are required to submit for record in the office of the
Superintendent the certificate required by rule 10-105 (3).
10-107. Receipts for permanent advance
expenditure – When money is spent from the permanent advance on account
of contingencies, receipts should be taken as directed in rule 10-33 (I).
Separate vouchers should be prepared for each separate charge, but the items
making up one charge may be receipted on the same voucher; provided that items
in excess of Rs. 25 shall be receipted in separate voucher from items of and
below that sum.
10-108. Account of permanent advance – Officers
to whom permanent advances are allotted shall keep an account of such advance
in Form 10-52 (b). On the first page of the form shall be entered the
amount of the permanent advance with the number and date of the Order Book
entry by which it was allotted. The account shall be kept as far as possible in
the manner prescribed for offices in chare of police stations by rule 10-52.
10-109. Bills for reimbursement of permanent
advance – (1) For all judicial expenses paid from the permanent advance
officers in charge of police stations shall submit bills in Form 10-109 (I).
The
prosecuting inspector or a prosecuting sub-Inspector shall be responsible for
checking such bills and for recovering the amount from the sheriff on the day
of presentation. Except for very special reasons such amounts shall always be
made over to the police officer bringing the bill. Any difficulty in securing
prompt adjustment by the sheriff must be brought to the notice of the
Superintendent. If necessary, to avoid delay, the prosecuting inspector shall
meet the bills submitted by police stations from his own permanent advance.
(2)
For the recovery of departmental expenses defrayed from the permanent advance,
application shall be made in writing in form 10-109(2) as often as may be
necessary to prevent the advance allotment from becoming exhausted. Such
applications shall be supported by vouchers for each item. If a voucher is lost
the procedure prescribed in rule 10-36(I) shall be followed. The accountant
shall check such bills and obtain the orders of the Superintendent for payment
or otherwise. The details of such bills will not be recorded in the contingent
register (rule 10-110) until the payment order has been recorded in the Order
Book. The accountant will be responsible for preparing abstract contingent
bills at sufficiently frequent intervals and taking other steps to ensure the
reimbursement of permanent advances as expeditiously as possible. Delays in
this matter should be brought to the notice of the superintendent by officers
holding advances, and all gazetted officers at inspections should pay
particular attention to the manner in which the permanent advance has been
handled.
10-110. Contingent register – Separate
registers shall be maintained in Form 10-110 for each class of contingent
charges in every officer to which a contingent grant is distributed as
follows:---
I –
Contract Contingencies.
II –
C-class (Audited) Contingencies.
III –
Allowances and Honoraria.
IV –
Supplies and Service.
V – Police Lands Fund.
Each
register shall contain as many columns as there are detailed heads prescribed
in the connection for each type of contingent expenditure. Each unit will have
its own money column. Units, such as “Rewards to private persons”, which are
sub-divided should be linked by a bracket. The amount of the annual allotment
grant and the progressive total of expenditure should be entered below the
description of the nit. In the case of any item of expenditure which requires
explanation on account of its unusual nature or amount, particulars should be
entered in the column headed “Description of charge”, though the amount is
entered only in its special column. The period to which any recurring charges
refer should also be noted in the “Description” column. (Article 94, Civil
Account Code, Volume I)
To
enable the disbursing officer to watch the progress of expenditure under each
unit, as compared with the budget grant, progressive balances and totals, as
prescribed in the foot-note to the form, shall invariably be entered.
Should
an increase, decrease, disallowance or misclassification under any unit of
expenditure be notified by the controlling or audit officer, the necessary
corrections shall be made in red ink by plus or minus entries in the figures of
allotment, expenditure and balances.
Money
drawn from the treasury and not expended by the end of the month (such as
refunds of carriage charges by escorts, etc.) should be refunded into the
treasury either in cash or by short drawal in the next abstract contingent
bill. Such refunds should be deducted from the expenditure total. The amount
can be redrawn when required.
10-111. Heads of contingent expenditure – (1) Appendix N. 10-111(1) shows the units
into which the contingent grants are divided. The distribution of allotment is
published annually in the Police Gazette in May. Bills for pay and other
charges duly sanctioned for the month of March and previous months may be paid
in anticipation of communication of the budget. Similar expenditure may also be
incurred in emergent cases during the months of April and May in anticipation
of communication of the budget allotment, provided such expenditure does not
exceed the average monthly expenditure of the previous year.
Note – This relaxation should not be regarded as a
relaxation of the rule contained in paragraph 12-5 of the Punjab Budget Manual
under which the Heads of Departments are required to carry out the distribution
of the grant not later than the 1st May in each year.
(2) No salary charges of any kind
(except for pay of hot weather establishment, pay of menials and of
establishment of the police lands fund) and no additions to pay may be charged
as contingent expenditure or included in contingent bills.
(3) All additional police
contingent expenditure must directly concern the additional police post for
which the provision for contingencies has been sanctioned. Expenditure which
may legitimately be incurred under contingencies falls under the following
heads:---
(i) Buildings – ‘Hutting charges’
include not only the initial provision for buildings but also the expenditure
necessary for their maintenance as well as rental charges. Where additional
police are accommodated in existing police buildings, a portion of the repairs
to such buildings should be debited to the General Police Fund.
(ii) Furniture – No article of office
equipment for the use of the supervisory gazetted staff should ordinarily be
purchased out of the General Police Fund, but officers in direct charge of
additional police posts may reasonably be supplied with such equipment. On the
termination of a post this may be utilized elsewhere at the discretion of the
Superintendent of Police of the district who should bear this in mind when
making purchases initially. The same principle applies to the purchase of other
equipment such as tables, chairs, benches and durries.
(iii) Lighting charges – Provision should
invariably be made for the adequate lighting of the building occupied by the
additional police. This implies the incurring of initial expenditure on the
purchase of lamps and recurring expenditure in the supply of oil for such
lamps.
(iv) Stationery – Such articles of stationery
as are usually supplied by the Stationery Office and are required for use in
connection with the post should be locally purchased by the Superintendent of
Police (with the previous sanction of the Deputy Inspector-General of Police as
required by serial No.20 of the table appended to rule 20-9 of the Book of
Financial Powers amended by Punjab Government, Finance Department, Notification
No. 24523, dated 26th September 1927) at the expense o the General
Police Fund, not from the district allotment for contingencies. A limited
amount of stationery may be used in the headquarters office, the work of which
is often appreciably increased by the existence of additional police.
(v) Traveling Allowance – Expenses
incurred in the moving about of men working in additional police posts whether
such charges would ordinarily be debitable to “Traveling Allowance” or to “Carriage
of Constabulary”, should be met from the General Police Fund, provided that the
journeys are definitely connected with the duties of the additional police.
(vi) Allowances to Bhishtis and Sweepers –
The wages of bhishtis and sweepers entertained for additional police posts
should be met from the General Police Fund. They should not be appointed
without the sanction of the Deputy Inspector-General of Police as required by
Serial No.6 of the table appended to rule 20-9 of the Book of Financial Powers.
Their pay should be subject to maximum of rs.13 per mensem, plus local
compensatory allowance wherever sanctioned.
(vii) Rewards – Rewards to the personnel
of an additional police post should normally be met form the Additional Police
Account.
(4) In no case should expenditure
be incurred in excess of the amount sanctioned for contingencies, since there
is no means of re-appropriation from some other source. Ordinarily the
provision of 10 percent of salaries is ample to meet all demands, but if
heavier expenditure is anticipated this fact should be represented when
proposals for additional police are submitted to Government.
10-112. Abstract contingent bills – (1) When it is necessary to draw money for
contingent expenses from the treasury, the accountant will draw a red ink line
across the page of the register, add up the several columns and post the total
of each unit in an abstract contingent bill in one of the following prescribed
forms:---
(a) For Contract Contingencies {Form
10-112(1)(1)]
(b) For Audit Contingencies; Allowances and
Honoraria Supplies and Services, and Police Land Funds [Form 10-112(1)(b)] –
(Article 97, Civil Account Code, Volume I)
(2) The bill with all available
vouchers, the numbers of which should be quoted in the bill, and the contingent
register shall be laid before the head of the office, who shall compare the
entries in the register with the payment orders and certify that the payment
orders have been cancelled; that in the case of contract contingencies all
vouchers for items above Rs.25 have been retained, and in the case of audited
contingencies all vouchers for items above Rs.25 have been attached to the bill
or will follow. He shall then sign the bill and also the corresponding entry in
the cash distribution register (rule 10-42). When the Cash Book is checked
every month, the officer checking it, or an officer specially detailed for the
duty by the checking officer, should check contingent bills in the detail and
certify in the contingent registers that vouchers for all items of expenditure
have been received that the vouchers for items above Rs.25 have been forwarded
to the Accountant-General and that all other vouchers have been so defaced that
they cannot be used again.
(3) It has been ruled that the
head of the office or the gazetted officer to whom the duty has been delegated
(rule 10-2) must himself initial the entries in the contingent register. If
this duty has been performed by a non-gazetted officer, during the absence of
the gazetted officer, the latter must on return to headquarters review the
register and re-initial the entries; any omissions in this respect shall be
rectified without fall at the time of signing an abstract bill.
Note – Sub-vouchers for Rs.25 or under which are
not submitted to the Audit Officer should be reserved for a period of one year,
and those above that limit for 3 years. The vouchers should not, however, be
destroyed even after the expiry of the prescribed periods until departmental
audit for the relevant period has been conducted and any objections relating to
those sub-vouchers have beer settled.
10-113. Clothing and Equipment allowances – (1) The following allowances are sanctioned
by Government:---
(a) An initial grant of Rs.8 on account of clothing and
Rs.2 for equipment for each head constable and constable added to the
sanctioned strength of the force. The grant for each head constable and
constable added to the sanctioned strength of the force at the following places
will be as shown against each:---
|
1.
|
 Simla
District
|
Rs. 19
|
|
2.
|
Kasauly
|
|
|
3.
|
Kyeland
|
|
|
4.
|
Suraj
|
|
|
5.
|
Dalhousie
|
Rs. 15
|
|
6.
|
Balun
|
|
|
7.
|
Bakloh
|
|
|
8.
|
Murree
|
|
(b) An annual clothing
allowance of Rs.8 (for Simla district Rs.12) for each head constable and
constable calculated according to the sanctioned strength of the force. The
annual clothing allowance for each head constable and constable sanctioned for
the following places will be:-
|
For
lower subordinates of Simla district
|
Rs.19
|
|
 For
lower subordinates posted at:-
|
|
|
Police
Station
|
Kasauli
|
|
|
|
Kyelang
|
|
|
|
Suraj
|
|
|
|
Dalhousie
|
Rs.15
|
|
|
Calun
|
|
|
|
Bakloh
|
|
|
|
Murree
|
|
(c) An annual
equipment allowance of rs.7 for each mounted head constable and constable and
of Rs.2 for each unmounted and mounted head constable and constable.
(d) An initial grant
of Rs.15 for the provision of a bed and box for each head constable and
constable added to the sanctioned strength of the force.
(e) An initial grant
of Rs.75 on account of clothing an of rs.125 on account of equipment for each
upper subordinate on first appointment to the police department and each head
constable promoted to officiated or promoted substantively to the rank of
assistant sub-inspector and an annual grant of Rs.19 on account of clothing and
of rs.6 on account of equipment for each upper subordinate borne on the
sanctioned strength. The Lady Inspector, Government railway Police, shall be
given a combined initial grant for clothing and equipment at Rs.140 and an
annual renewal grant of Rs.80.
The
initial and annual grants on account of clothing for upper subordinates
sanctioned for the following places will be Rs.113 and Rs.32, respectively:---
|
1.
|
Simla
District
|
|
|
2.
|
 Police
Station Kasauli
|
(District
Ambala)
|
|
3.
|
Kyelang
|
Kangra
district
|
|
4.
|
Suraj
|
|
5.
|
 Dalhousie
|
Gurdaspur
district
|
|
6.
|
Calun
|
|
7.
|
Bakloh
|
|
8.
|
Murree
|
(Rawalpindi
district))
|
(f) An annual grant in the case of officers of the Criminal
Investigation Department as follows to enable them to make up their own
clothing in lieu of free annual issues of uniform:---
Inspectors,
sub-Inspectors and Assistant Sub-Inspectors Rs. 25 per annum Head Constables
and Foot Constables Rs. 10 per annum.
(g) A sum equal to ten
percent of the gross estimated total grant for police clothing and equipment,
calculated according to the existing schedules, shall remain at the disposal of
the Inspector-General as a reserve to enable him to meet any unforeseen items
of special expenditure incurred by district officers on clothing and equipment.
This amount shall be in addition to the gross estimated grant and shall not be
deducted from it. When any reduction in establishment is made during the year
after the annual clothing and equipment allowances for that year have been
drawn, a proportionate reduction from the date on which the establishment was
reduced shall be made in the allotment for the succeeding financial year.
(2) Charges for clothing and equipment in the case of existing
establishment shall be drawn in each year immediately after the annual budget
allotment statement of contingent expenditure has been published for each
district, by separate special contingent bills [ A and T No. 309} and shall
show the number of men for whom the charge is made and the rater per man. When
additions to establishment are sanctioned the allowance (a), (b)
and (c) shall also be drawn by special contingent bills in the same
form, on receipt of such sanction. Such bills will be presented at the treasury
and the amounts will be credited by the treasury officer to the police deposit
account.
Note – Such bills should be endorsed “not payable in cash, but by transfer
account” and headed “special contingent bill for the financial year 19 “.
The following certificate shall be added and signed by the Superintendent
when drawing the sum referred to in clause (c) of sub-rule(1) above:---
Certified
that I have satisfied my self that the sum of Rs__________ at the rate of Rs.16
per head has been paid to ____________________ lower subordinates of this
district who were enlisted prior to the 1st April 1905 and who have
ceased to be members of the clothing fund.
(3) In the event of the allotment on account of clothing and equipment
being reduced for any reason, the amount in question shall be deducted both
from the police deposit account and the budget allotment by means of entries on
the disbursement side of the general cash book, contingent register and the
cheque book. The necessary intimation shall at the same time be made by the
Superintendent direct to the Accountant-General, with a view to the necessary
correction being made in that officer’s books and those of the treasury officer
concerned.
10-113-A.
Contingent charges not to be drawn as an advance – The postponement of
payment for charges incurred, or the drawing of money not required for immediate
disbursement is strictly prohibited. When it is necessary to advance funds to a
police officer or contractor for the purchase of material for the carrying out
of Government work, the Superintendent of Police is responsible that receipt
vouchers, showing that the full amount has been actually spent of purchase of
such material, shall be obtained within one month, in support of the contingent
bill on which the sum for advance payment was drawn.
10-113-B. Money
which lapses – Money drawn against the budget allotment of disbursing officers, but not
spent up to the 31st March, will lapse to Government and must be
refunded to the treasury by short drawal. Such sums can only be drawn again
from the fresh budget allotment and under a fresh order of the proper sanctioning
authority.
10-114. Contingent
charges pertaining to a month – Contingent charges are to be recorded as
charges of the month in which they were actually disbursed form the treasury;
and if an abstract contingent bill headed as belonging to one month be
presented or re-presented for payment in the next, it will be returned for
correction, as it must be treated in the accounts as a charge of the month in
which the money is actually disbursed form the treasury. (Article 90, Civil
Account Code.)
10-115.
Inter-departmental transfers – (1) Detailed rules on this subject are
contained in Rule 8-21 of Punjab Financial Rules Volume I (Financial Hand Book
No.2). Payments of amounts due by one public department to another should
ordinarily be made by book transfer.
(2) Work bills received form other departments for articles supplied
should be checked and, if correct, passed without delay by countersigning both
copies. The amount to all work bills so passed shall be added below the total
of disbursement in the grand total of the next abstract contingent bill
presented for payment, entries to correspondence being made in the appropriate
columns of the contingent register. Of the two copies of the bill one shall be
returned to the sender, and the other placed in the appropriate monthly file of
receipt vouchers (rule 10-35). A note should be made in red ink on the copy to
be returned to the sender showing in which month’s departmental return credit
has been taken for the volume of the supply.
10-116.
Expenditure for other officers – Contingent expenditure may be incurred for
other officers of the Police Department up to Rs.50 in the circumstances
covered by Article 112, Civil Account Code. Where expenditure of more than
Rs.50 is thus incurred in one financial year application should be made for an
extra budget grant.
10-117. Railway
Warrants – (1) Railway warrants in Form No. 10-117(1) shall be issued only in cases
of emergency or when the amount available in the permanent advance is not
sufficient to meet the cost of the fares of the party or individual police
officer proceeding on duty by rail, and for constables proceeding on courses of
training Books of railway warrant forms shall be kept in the office of the
Superintendent under lock and key in charge of the head clerk. One book at a
time may be issued to the Lines officer, who may issue warrants under the
restrictions set forth above. The book shall be kept under lock and key and the
Lines Officer shall be held personally responsible for its proper custody. Warrants
may be used by Police Officers when travelling by rail on duty. They must not
be used in lieu of leave warrants issued free to members of the Punjab Railway
Police under rule 2-120 of Travelling Allowance Rules, - vide sub-rule
10-117(3) below. Detailed instructions for the use of warrants are given on the
back of the form.
(2)(a) When a party to whom a warrant has been issued returns, the
senior police officer shall hand in the foil of the railway warrant headed “for
Superintendent of Police” to the Lines officer, who after noting on the
corresponding counterfoil “Duplicate received back on (date) and forwarded to
accountant”, shall forward the foil in question to the accountant for record.
This will ensure copies being available both in the lines and the office for
checking travelling allowance bills. The gazetted officer in charge of lines
shall check the railway warrant book once a month and sign each counterfoil in
token of having satisfied himself that its use was really necessary. All the
foils received by the accountant during a month shall ten be entered in a
statement showing the number, date and amount of each warrant, and this
statement, after being countersigned by the Superintendent, shall be forwarded
to the Accountant-General, not later than the 10th of the month
following that to which the warrants relate. These statements will be compared
in the Audit Office with the third foils of warrants, to satisfy himself that
they have all been properly issued and properly used, and to inflict and recover
penalties for improper use. Any police officer using a railway warrant contrary
to these rules shall, in addition to undergoing such other penalty as a
competent authority may award, be required to refund the amount of the fares
entered in the warrant. Such deductions shall be credited in the treasury,
either in cash or by short-drawal.
(b) If the travelling
party is required to return to the place of departure; the officer issuing the
warrant for the outward journey shall issue also a second warrant for the
return journey; but if the return journey will start from a station in another
province, money for the purchase of railway fares for such return journey shall be advanced to the
officer in charge of the party before it departs on its outward journey. If a
warrant for a return journey is lost or mislaid, the officer in charge of the
party shall obtain and advance for the purchase of necessary fares from the
permanent advance of the nearest police officer, whether in the same or another
district.
(3) Members of the Punjab Railway Police whose homes lie in areas not
served by the North-Western Railway may, when proceeding on leave to their
homes and returning from such leave be granted warrants for the fare by rail to
which they are entitled under Travelling Allowance Rule 2-15, provided that:---
(i) they would be
eligible for free passes if they were living within an area served by the
North-Western Railway, and
(ii) the number of
warrants shall not exceed three return warrants per man in one year (Rule
2-120, T.A. Rules).
Note – The North-Western Railway Administration have agreed to the issue of
return tickets (ordinary or week-end) on presentation of a warrant and use
should be made of this concession whenever the nature of the duty for which the
journey is undertaken permits of its utilisation. The fact that return tickets
are required should be indicated by the word “Return” written in bold letters
in red ink across the top of the form.
10-118. Tour
charges – (1) Marching establishment may be entertained by the following officers
whilst they are in camp and when their camps are necessarily kept up, subject
to the maximum number of the servants shown against them:-
|
Superintendents,
Assistant and Deputy Superintendents
|
One
Khalasi at Rs.13 per mensem
|
|
Inspector-General
and Deputy Insepectors-General
|
Two
Khalasis at Rs.13 per mensem each
|
(2) In every case where Government tents are taken by gazetted officers
on tour, whether for their own or their office use or for that of their private
servants, half the carriage will be borne by Government and the other half
shall be paid bythe officer or officers using the tents.
(3) Tents occupied by inspectors and sub-inspectors of police (including
European sergeants) on tour, and tents occupied by police guards or chaprasis
will be carried wholly at Government expense. All such charges as well as those
incurred in connection with the carriage of office registers, records
stationers, etc., taken on tour will be shown under contingent head “Tour
Charges”. The scale of tentage authorised is given in rule 5-20.
10-119. Record –
Applications and bills appertaining ot the payment of each class of contingent
charges shall be kept in monthly files and arranged according to the serial
numbers of the vouchers, the relevant voucher number being quoted in red ink on
the top of the papers relating to it.
Part VII
Travelling Allowance
10-120. Sphere of
duty – The sphere of duty for purposes of travelling allowance has been defined
(Rule 1-23, Travelling Allowance Rules) as follows for different chases of
Police officers:---
|
Serial
No
|
Class
of Officer
|
Sphere
of duty
|
Authority
competent of allowance journeys beyond sphere of duty
|
Extent
|
|
1
|
2
|
3
|
4
|
5
|
|
1.
|
The
Deputy Inspector-General of Police, Criminal Investigation Department,
Punjab, and Gazetter officers of
Government Railway Police and Criminal Investigation Department.
|
The
Province
|
Inspector-Genral
of Police
|
Full
powers in individual cases, provided that
the absence, is for reasons of a public nature which should be stated
and does not exceed 14 days in each case
|
|
2.
|
Deputy
Inspectors-General of Police Rangers
|
Respective
Range
|
Ditto
|
Ditto
|
|
3.
|
The
Assistant Inspector-General of Police, Punjab
|
The
Province
|
Ditto
|
Ditto
|
|
4.
|
Gazetted Officers attached to districts
|
The
boundaries of their districts
|
Deputy
Inspector-General of Police
|
Ditto
|
|
5.
|
Prosecuting
Inspectors and Sub-Inspectors and Reserve, City and Cantonment Inspectors
|
Their
headquarters stations
|
The
Superintendent of Police under whose orders they are serving
|
Ditto
|
|
6.
|
Inspectors
Sub-Inspectors Assistant Sub-Inspectors, Head Constables and Constables of
the C.I.D., Punjab
|
The
Civil Station of Lahore or any other station to which such officer may be
posted temporarily or permanently by
specific order
|
The
Superintendent of Police under whose orders they are serving
|
|
|
7.
|
Inspectors
Sergeants, Sub-Inspectors, Assistant Sub-Inspectors, Head Constables and
Constables of the Government Railway Police, Punjab
|
The
Railway Police District
|
The
Assistant Inspector-General, Government Railway Police
|
Full
powers in individual cass, provided that the absence is for reasons of a
public nature which should be stated and does not exceed 14 days in each case
|
|
Serial
No
|
Class
of Officer
|
Sphere
of duty
|
Authority
competent of allowance journeys beyond sphere of duty
|
Extent
|
|
1
|
2
|
3
|
4
|
5
|
|
8.
|
Other
Inspectors, Sergeants, Sub-Inspectors and Assistant Sub-Inspectors
|
The
boundaries of their districts
|
The
Superintendent of Police under whose orders they are serving
|
Full
powers in individual cass, provided that the absence is for reasons of a
public nature which should be stated and does not exceed 14 days in each case
|
|
9.
|
Other
Head Constables and Constables
|
The
boundaries of the tahsil within which their headquarters are situated
|
Ditto
|
Ditto
|
|
10.
|
Inspectors,
Sergeants, Head Constables and Clerks of Motor Vehicles Staff
|
Headquarters
of the group
|
Superintendent
of Police of the district in which group headquarters are fixed
|
|
Note – A Police Officer acting in the exercise of his
legal powers does not require prior sanction to proceed beyond his sphere of
duty.
10-121. Rates of
travelling allowance admissible to police officers – Appendix 10-121(a)
and (b) show the rates of travelling allowances admissible to police
officer for different classes of journey.
10-122. Mileage
allowance – A mileage allowance is an allowance calculated on the distance
travelled, which is given to meet the cost of particular journey on the
principles explained in rule 2-25, Travelling Allowance Rules. Mileage
allowance will ordinarily be granted by the route which is the cheapest and
most expeditious.
10-123. Point of
commencement and end of journey – The point in any station at which a journey
is held to commence or end is the chief public office or such other Point as
may be fixed for the purpose by the Provincial Government. (Rule 2-27, T.A.
Rules). A list of points thus fixed is given in Appendix D of the same rules.
10-124. Mileage
allowance for journeys by railway, sea or by river steamer – For the
purpose of calculating mileage allowances by rail and steamer the class of
accommodation sanctioned for a police officer in rule 10-121 is further defined
as follows (Rules 2-29 and 2-32 of the Punjab Travelling Allowance Rules) :-
|
Class
accommodation
|
By
Railway
|
By sea
or by river steamer
|
|
First
class
|
Highest
class
|
Highest
class
|
|
Second
class
|
Second,
or, if the line by which he travels provides no second class accommodation on
any train, the highest class
|
Second
class – If there be two classes only on the steamer, the higher class, if there
be more than two classes, middle or second class.
|
|
Intermediate
class
|
(1) On
any railway which provides no intermediate class accommodation on any of the
trains which stop at the stations to and from which the police officer is
travelling:-
|
(1) If
there be two clases only on the steamer the lower class:-
If
there be three classes, middle or second class;
If
there be four classes, third class
|
|
|
(i)
Where there are two classes only, lower class; and
(ii)
Where there are three classes, second class if his pay is not less than
Rs.100 and third class if it is less than Rs.100
(2) On
any railway which provides intermediate class accommodation on trains which
stop at the stations to and from which he is travelling, intermediate class
|
Provided
that competent authority may direct that any Government servant whose pay
does not exceed Rs.45 is entitled, for journeys generally or for particular
journeys, to accommodation in lowest class
|
|
Third
Class
|
Lowest
class
|
Lowest
class
|
Note – In cases where the intermediate or third class
railway fare is higher for journeys made by faster trains than it is for
journeys made by other trains, police officers entitled to the intermediate or
third class of railway fare will not in general be allowed to draw mileage
allowance regulated by the higher rate unless special reason can be shown for
the necessity of travelling by the faster train and, in the case of transfers
and recalls from leave, such mode of travel was expressly ordered in advance.
10-125. Mileage
allowance for journeys by road – (1) For the purpose of these rules,
travelling by road includes travelling by sea or river in a steam or motor
launch or in any vessel other than a steamship, and travelling by canal.
(2) In calculating mileage allowance for journeys by road, fractions of a
mile should be omitted from the total of a bill for any one journey but not
from the various items which makeup the bill.
(3) If a police officer travels by stage carriage he can receive 1-2/3
fares actually paid in exchange for mileage (Rules 2-38 – 2-40 of T.A. Rules).
10-126. Mileage
allowance for Journeys performed by motor car or motor cycle – Police
officers travelling by motor car or motor cycle between places connected by
railway may be allowed mileage allowance; provided that the Inspector-General,
or the Deputy Inspector-General in respect of journeys by officers serving
under them within such officers districts, certifies that the journey was
performed in the public interest (Rule 2-41 T.A. Rules). For the purpose of
this rule the fact that a motor car or cycle may be required for duty within
the limits of another station is not in itself sufficient justification for a
claim.
10-127. Journeys
by special conveyance – When a police officer is required by the
order of a superior authority to travel by special means of conveyance, the
cost of which exceeds the amount of the daily allowance of mileage allowance
admissible to him under the ordinary rules, he may draw the actual cost of
travelling in lieu of such daily or mileage allowance. The bill for the actual
cost must be supported by a certificate signed by the officer ordering the
journey and countersigned by the controlling officer, that the use of the
special means of conveyance was absolutely necessary, and specifying the
circumstances which rendered it necessary (Rule 2-45 T.A. Rules).
10-128. Definition
of tour - A police officer is on tour when
absent on duty from his headquarters either within, or, with proper sanction (vide
rule 10-120), beyond his sphere of duty. A journey to a hill station is not
treated as a journey on tour (Rule 2-47, T.A Rules).
10-129. Distance
to be travelled before daily allowance is admissible – Daily allowance may not be
drawn for any day on which a police officer does not reach a point outside a
radius of five miles from his headquarters or return to his headquarters from a
similar point. The actual amounts which may be spent on tolls and on fares for
journeys by railway or other public conveyance within five miles of
headquarters may be drawn. (Rule 2-54, T. A. Rules).
10-130. Halts on
tour – Daily allowance may be drawn for a halt on tour or on a holiday
occurring during a tour, provided, as a general rule, that the halt in any one
place does not exceed ten days. After a continuous halt of ten days, the
halting place ordinarily regarded as the officer’s temporary headquarters. Fro
the method of calculating the duration of a halt, and the conditions under
which daily allowance for prolonged halts may be granted, Travelling Allowance
Rules 2-55 to 2-57 should be consulted.
10-131. Mileage
allowance on tour – (1) When a journey by road only is performed
mileage allowance may be drawn in addition to daily allowance for such portion
of the journey as is in excess of (a) 25 miles if the journey starts
from and ends with the same place on the same day; and (b) 15 miles in
other cases. If, however, the mileage for the firs 25 to 15 miles (as the case
may be) be less than the daily allowance, mileage should be drawn instead of
daily allowance, provided the mileage calculated for the entire journey be not
less than the daily allowance. For journeys from headquarters and back not
exceeding 25 miles performed on the same day to a place beyond a radius of 5
miles the travelling allowance drawn should be mileage allowance or daily
allowance, whichever is less.
(2) For journeys by rail or steamer, in addition to the rates admissible
for such journeys, half daily allowance may be drawn for the day of departure
and arrival including days of departure from and arrival at headquarters.
(3) When on any day, a journey by road is combined with a constable, may
draw, in lieu of his daily allowance, mileage allowance in respect of the
journey by rail or steamer or both plus either (1 half daily allowance
of (2 if the journey by road does not exceed (a) 25 miles if it starts
from, and ends with the same place on the same day, and (b) 15 miles in
other cases, mileage allowance restricted to daily allowance. If these limits
are exceeded he may draw in addition mileage allowance for the excess number of
miles. Mileage allowance under this rule is calculated to and from the railway
station.
Note 1 – Short journeys within a radius of five miles
from headquarters may not be added to other journeys when calculating the
distance travelled by road or the amount of mileage allowance admissible for
road journeys.
Note 2 – in the case of a journey by a sub-inspector or assistant
sub-inspector the place visited must be beyond his jurisdiction
(4) When a journey by road is performed in a private motor vehicle, which
is not eh property of the Government servant travelling, travelling allowance
will be regulated by rule 2-159 of the Travelling Allowance Rules.
Note 1 – When two or more Government servants travel in a motor vehicle
belonging to one of them the travelling allowance of the owner of the vehicle
will be regulated by the ordinary rules, and the travelling allowance of the
other government servants, travelling with the owner will be regulated by the
rule referred to in sub-rule(4) above even though they may have incurred some
expense for the use or propulsion of the vehicle in question.
Note 2 – The words “private motor vehicle” used in sub-rule(4) do not include
pubic motor vehicles plying for hire (Rules 2-59 – 2-61-A, T.A. Rules).
10-132. Rules
specially applicable to constables – The following provisions apply
to constables as distinct form other ranks in the police force:-
(i) For journeys by
rail, mileage allowance may be drawn in addition to daily allowance for each
day. (Rule 2-63(a), T.A. Rules).
(ii) For journey by
sea or river steamer, daily allowance at double the rate ordinarily admissible
to him may be drawn in addition to mileage allowance, provided that, whatever
be the nature of other journeys which may be combined with the steamer journey,
no further daily allowance may be drawn for any day for which this double
allowance is drawn (Rule 2-63(b), T.A. Rules).
(iii) For a journey by
road mileage and daily allowances at the rates allowed for “interior serve” are
admissible on the same terms as for other police officers (rule 10-121) and, on
any day when a constable travels by public or hired conveyance, mileage
allowance may be drawn instead of daily allowance, provided the head of the
officer certifies the necessity of such mode of travel. If, However, the
journey is performed in a private motor vehicle (belonging to another
Government servant) for the use of propulsion of which he does not incur any
expense, he will draw daily allowance only in respect of this journey and no
mileage allowance.
(iv) For a journey by
road combined with journey by railway or steamer, or both, the allowances
admissible for the rail or steamer journeys under clauses (i) or (ii),
as the case may be, and for road journeys under clause (iii) subject to
the restrictions in clause (ii) regarding daily allowance (Rule 2-63,
Travelling allowance Rules)
10-133. When
travelling allowance for journeys on tour is inadmissible. Except in
the cases mentioned below, police officers, including those in the Criminal
Investigation Department, below the rank of inspector are not entitled to
travelling allowance for journeys on tour within their sphere of duty (as
defined in rule 10.120) other than journeys by rail or steamer.
Exception No. I. – Sub-inspector and assistant sub-inspectors are
entitled to draw daily allowance at the ordinary rates for all journeys on
duty:---
(a)
of more than 10 miles from
their headquarters if they travel by a motor conveyance;
(b)
of more than 15 miles from
their headquarters if they travel by any other mode of conveyance;
Provided that in both cases if the sub-inspector or assistant
sub-inspector is attached to & police station, the place to which he
travels is beyond the limits of the police station.
Note: - In the case of a road
journey combined with a journey by railway or steamer or both and which exceeds
the limits laid sown in exception I, the travelling allowance admissible under
rule 2-66 of the Travelling Allowance Rules.
Exception No. II. – Head Constables
and Constables may draw actual expenses for journeys by boat where this is the
ordinary mode of travelling.
Exception No. III. – Police officers
attached under proper authority to the camp of magistrates or gazetted police
officers as court of personal orderlies.
Exception No. IV. – Police officers
employed as clerks in district or railway police officer.
Exception No. V . – A police officer
below the rank of Inspector may draw travelling allowance for a journey
performed by motor omnibus or other road vehicle either within or beyond his sphere
of duty,---
(a)
between places not connected by
rail, or
(b)
between places connected by road
as well as by rail when the road route is the shorter or when the journey by
rail, although shorter in distance, would cause inordinate delay;
Provided that the Superintendent of Police certifies on the travelling
allowance bill that the journey was necessary in the public interest and that
no other form of travelling allowance has been drawn.
Note I. – In certifying that the journey was necessary in the public interest,
the Superintendent of Police shall verify that the purpose of the journey was
one for which travelling allowance is ordinarily admissible under the
provisions of the Punjab Travelling Allowance Rules.
Note 2. – See also Police Rules 22.43.
Exception No. VI. – The staff employed on the mobile police patrol when
the distance travelled is more than 20 miles from head quarters. (Appendix E to
T. A. Rules).
Exception No. VII. – Sergeants of Police employed to control motor
traffic on the Rawalpindi – Murree and Pathankot – Dharamasla roads, will be
entitled to draw daily allowance for any day on which they are absent from
their headquarters for more than eight consecutive hours.
Exception No. VIII. – Police Officers are permitted to draw travelling
allowance for journeys by road within their sphere of duty made in public motor
vehicles provided that the amount is not more than the railway fare between the
two places and provided also that the journey if it had not been performed by a
public motor vehicle would have been performed by rail.
10.134. Special
Provisions regarding tours. – (I) The Inspector – General may authorise a
police officer, who is compelled by a sudden emergency to leave his camp and
travel rapidly to a place more than twenty miles distant, to draw, in addition
to mileage and daily allowance, the actual cost of maintaining his camp, up to
the amount of the rate of daily allowance admissible to such officer. (Rule
2.64, T. A. Rules).
(2) The Inspector – General may, by special order in each case, allow an
officer to draw, in addition to daily or mileage allowance or both, the actual
cost of transporting by rail or boat his horse, motor car or other means of
conveyance and camp equipment, provided he is satisfied that the interests of
the public service are served by such action. (For detiale conditions see rule
2.66, T. A. Rules).
(3) Tent pitchers, not being
enrolled polic officers, may draw travelling allowance, when accompanying an
officer on tour for which travelling allowance is not drawn for more than two
men of the menial establishment. Constables employed as tent pitchers will draw
the travelling allowance admissible to their rank. (Rule 2.50 (note 3), T. A.
Rules).
(4) By special order in each
case the Inspector – General may permit the recovery of the actual cost of
maintaining camp equipage during halts at or within a five mile radius of
headquarters. (Rule 2.71, T. A. Rules).
10-135. Travelling
allowance admissible to Railway Police. – The special provisions
governing the travelling allowances admissible to railway police officers on
tour are contained in rule 2.68 of the Travelling Allowance Rules. The
assistant Inspector – General, Government Railway Police, is responsible that
those provisions are understood and observed by police officers and clerks
serving under him. (Rule 2.68, T. A. Rules).
10-136. Travelling
allowance for joining first appointment. – (I) Persons appointed
direct from outside Government service to a post, whether permanent or
temporary in the Police Department above the rank of head Constable (or, in the
case of the clerical cadre, above the grade of Junior Clerk) shall at the
discretion of the Inspector – General of Police, be permitted to draw
travelling allowance for a journey performed in order to join such appointment
at the rates authorised for that appointment for a journey on tour provided
that the journey actually necessary in the circumstances of each case is over
100 miles, and that in no case shall allowance be drawn for any halt in the
course of such journey (Rule 2.80 of Travelling Allowance Rules).
(2) The concession contained
in this rule does not include a journey by a candidate to attend a medical or
selection board or to obtain a health certificate.
(3) The case of the journey
of a probationary Assistant Superintendent of Police appointed in England from
the port a which he lands in India to the station to which he is ordered to
proceed is governed by rule 2.78 of the Travelling Allowance Rules.
(4) A Person, to whom
travelling allowance has been granted on first appointment under this rule, may
on the cessation of his temporary employment, be granted travelling allowance
to return to the place at which he was engaged, under the conditions prescribed
in rule 2.116 of the Travelling Allowance Rules.
10-137. Rates of
travelling allowance under this rule. – Travelling allowance under
rule 10.136 should be calculated as for a journey on tour, but no allowance may
be drawn for halts on the journeys. (Rules 2.79 and 2.117, T. A. Rules).
Travelling allowance is not admissible to an officer, who is transferred
at his own request or in consequence of misconduct, unless the authority
sanctioning the transfer, for special reasons, which should be recorded,
otherwise directs. Travelling allowance for such journeys shall be calculated
according to rule 2.84 and 2.89 (as regards police constables) of the
Travelling Allowance Rules.
10-139.
Justification of Claim. - Countersigning
and controlling officers are required to satisfy themselves that claims,
especially those in regard to transport of conveyances and personal effects,
are reasonable. Claims must be supported by certificates showing (a) in the
case of families, the numbers and relationship of those for whom claims made
(b) in the case of conveyances and personal effects, details and, if possible,
the original receipts for the payments made, together with a certificate that
the actual expense incurred was not less than the sum claimed. (Rules 2.174
(c), 2.84 (C), 2.84 (B), T. A. Rules).
10-140. Special
cases. – In the following special cases allowances may be drawn according to the
rules of the Travelling Allowance Rules quoted against each:---
(i) When in consequence of
transfer or deputation an officer’s family has to be sent to a station other
than his new headquarters. (T. A. Rules 2.86).
(ii) When an
officer is allowed to hand or take over charge at a place other than his
headquarters. (T. A. Rule 2.85).
(iii) When an
officer is appointed to a new post while in transit, takes leave before
joining, or wile in transit to his new post, or is posted to a new station on
return from leave. (T. A. Rules 2.91 to 2.94).
10-141. Allowances
to Railway Police on transfer – Railway police officer on transfer within
railway police jurisdiction are entitled to the allowances prescribed by rule
2.88 of the Travelling Allowance Rules, but police officered from the railway
to the district police, or vide versa, are entitled to allowances on the scales
prescribed in Appendix 10-121 (b).
10-142. Travelling
allowances for journeys to and from hill stations – Special rules which govern
the grant of travelling allowance to the Inspector – General and Deputy
Inspector – General, Crime Investigation Department, and officers and clerks of
their offices moving to and from Simla with the headquarters of Government, are
contained in Appendix J of the Travelling Allowance Rules. The rules governing
the move to hill stations within their spheres of duty of Deputy Inspectors –
General of Ranges are contained in Appendix K of the same rules.
10-143. Allowances
to officers travelling to a hill station by order of a superior authority or
with in their sphere of duty – Up to a limit of ten days or the time
required for the performance of a specific duty, whichever is less, officers
may draw travelling allowance as for a journey on tour for visits to hill
stations and the satins visited immediately before and after the halt at the
hill station, will be forfeited. (Rule 2-96, T. A. Rules).
Notwithstanding the above restrictions, the Inspector – General may
allow, by special order in each case, extended halts or the extension of the
stay during holidays or casual leave, and, with the sanction of the Provincial
Government, may allow travelling allowance to an officer retained for duty in a
hill station on expiry of casual leave.
Travelling allowance bills of all gazetted officers on account of visits
to or halts at hill stations require the countersignature of the Inspector –
General.
10-144. Officers
permitted to perform their duties at a hill station for their own convenience – Police
officers, other than Deputy Inspector-General of Rangers, whose case is covered
by rule 10-143 above, who perform their duties at a hill station for their own
convenience, are entitled to no travelling allowance either for the period of
their stay, or for the journeys between the hill station and their headquarters
in the plains, or the place in the plains which they visit in the course of a
tour immediately before proceeding to or after leaving the hill station. Deputy
Inspectors-General are responsible for the correct observance of this rule
(Rule 2097, T.A. Rules).
10-145. Visits to
hill stations within sphere of duty – A Superintendent of Police is
permitted to take his work to any hill station situated within the limits of
his district under the following conditions:---
(a) He may spend two
periods of not more than fifteen days each at such hill station between 15th
May and 15th October with the permission of the Deputy
Inspector-General and with the concurrence of Deputy Commissioner. The grant of
travelling allowance will be subject to the rules in Part II – class A of
Appendix K of the Travelling Allowance Rules.
(b) If he proceeds on
duty to such hill station between the same dates and draws travelling allowance
and halting allowance for ten days under rule 10-143 he shall forfeit the right
to one period of 15 days recess for each occasion on which travelling and
halting allowances are so charged.
(c) When more then on
Superintendent of Police is posted to the district, one such officer shall
remain at headquarters or on tour in the plains during the period that any
other such officer is taking a recess in the hills.
(d) In the case of the
Superintendent of Police, Rawalpindi, the tow periods of days apply, but not clause
(b).
10-146. Allowances
for journeys to attend departmental or language examination – (1) A
police officer is entitled to draw travelling allowance as for a journey on
tour but excluding any halts on the journey for the journey to and from the
place at which he appears for an examination of any of the following kinds:---
(a) An obligatory
departmental or language examination.
(b) An examination in
the Pushtu or Baluchi languages, subject to permission to appear in the
examination having been obtained in advance from the Inspector-General.
(c) The prosecuting
inspector examination, provided the officer has permission to attend.
(d) Any other
examination to which this concession may from time to time be extended (Rule
2-98, T.A. Rules)
(2) The grant of travelling allowances under the above rule is subject to
the following conditions:---
(a) travelling
allowance shall not be drawn under this rule more than twice for any particular
examination or standard of examination; and
(b) the
Inspector-General may disallow travelling allowance under this rule to any
candidate who, on the showing of the report of the board of examiners:---
(i) has culpably
neglected the duty of preparing himself for an obligatory examination, or
(ii) does not display
a reasonable standard of proficiency in an examination which is not obligatory,
(iii) in the case of
the prosecuting inspectors’ examination, does not pass in at least on subject.
(3) A police officer who obtains a reward for proficiency by any standard
in an oriental language, or who for the first time obtains a degree of honour
in any language, in the second division, is entitled to draw travelling
allowance for the journey to and from the place of examination.
Note – These concessions may be extended, with the
sanction of the Provincial Government to officers who, during or while
travelling to attend the examination, were on leave on average pay not
exceeding four months.
(4) Accepted candidates for the post of prosecuting inspector may be
permitted to draw travelling allowance for journeys to attend departmental
examinations to and from the place of such examinations, provided that:---
(i) in each case the
candidate passes in at least one subject at the examination for attending which
travelling allowance is claimed; and
(ii) In no case can
travelling allowance be drawn more than twice in respect of any one complete
examination (Appendix L of the T.A. Rules)
10-147. Travelling
allowance to officer on leave – Except as provided in the note to rule 10-146
travelling allowance may be drawn by Government servants in the police
department for journeys performed while on leave only under the following
circumstances:---
(i) to an officer
compulsorily recalled to duty one month or more before the expiry of his leave
– mileage allowance for journey from the place at which the order of recall
reaches him, or from the port of landing in cases of recall from overseas, to
the station to which he is recalled. The authority ordering the recall has
discretion to grant mileage allowance if the leave is curtailed by less than
one month (Rule 2-108, T.A. Rules). Allowances cannot be drawn under this rule
in addition to those admissible under rule 10-143(3).
(ii) to a non-gazetted
officer compulsorily recalled from leave exceeding four months and posted, on
pay not exceeding Rs.400 per mensem, to a station more than 200 miles distant
from his old station – allowance as for a journey on transfer for himself and
his family, subject to the maxima and conditions prescribed in rule 2-84 of the
Travelling Allowance Rules (Rule 2-110, T.A. Rules)
10-148. Travelling allowance for journeys to
give evidence – The following provisions govern the grant of
travelling allowance to a police officer who is summoned to give evidence:---
(a) in a criminal
case, a case before a court-martial, a civil case to which Government is party
or a departmental enquiry held by a properly constituted authority in British
India, or
(b) before a court in
an Indian State or in foreign territory;
Provided that the facts as to which he is to give evidence have come to
his knowledge in the discharge of his public duties:---
(i) He may draw
travelling allowance as for a journey on tour attaching to his bill a
certificate of attendance given by the court or other authority which summoned
him.
(ii) When he draws
travelling allowance, he may not accept any payment of his expenses from the
court or authority. Any fees which may be deposited in the court for the
travelling and subsistence allowance of the witness must be credited to Government.
Note 1 – A police officer summoned to give evidence, who
has to undertake a journey for the purpose while on leave is entitled to the
concessions described in this rule.
Note 2 – When a police officer summoned as a witness in a criminal case, or
in a civil case to which Government is a party, claims travelling allowance
under this rule a certificate from the court should be attached to the bill
showing that he has been paid no travelling or subsistence allowance under the
rules of the court.
10-149. Payment of
expenses in cases where travelling allowance is not drawn – A
police officer summoned to give evidence in circumstances other than those
described in rule 10-148 is not entitled to any payments other than those
admissible by the rules of the court. If the court pays him any sum as
subsistence allowance or compensation, apart from payment for travelling
expenses, he must credit that sum to Government before drawing full pay for the
day or days of absence (Rule 2-120, T.A. Rules)
10-150. Travelling
allowance to police officers charged in criminal or civil cases - The Provincial Government may sanction
travelling allowance under rule 10-148 in cases in which police officers are
compelled to answer criminal or civil cases brought against them in respect of
acts done by them in the discharge of their official duty, and in which
Government has decided to undertake their defence at the public cost. (Rule
2-121, T.A. Rules)
10-151. Travelling
allowance for journeys to obtain medical advice - (1) If, owing to there being no medical
officer of Government at the station at which he is posted a police officer is
compelled to travel to another station, he may, on production of a certificate
from the medical officer consulted that the journey was absolutely concession
is not authorised for journeys to consult a dentist (Rule 1-122, T.A. Rules).
(2) travelling allowance may similarly be drawn for a journey to obtain a
medical certificate, but not for one to obtain counter-signature on such a
certificate (Rule 2-123, R.A. Rules).
(3) Prior sanction of the controlling officer is necessary for journeys
of the nature referred to in sub-rules (1) and (2) above, if risk to the
officer requiring medical advice is not entailed by the delay thereby involved
(Rule 2-124, T.A. Rules).
(4) The grant of travelling allowance to a member of a superior civil
service, who is of non-Asiatic domicile serving in a station where there is no
medical officer appointed by Government to attend hi, or his family, is
governed by rules 2-121-A and 2-121-B, of the Travelling Allowance Rules.
10-152. Journey to
appear before a medical board preliminary to retirement – (1) A
police officer who id directed by his official superior, in the interests of
the public service, to apply for an invalid pension may, if he be required to
make a journey in order to appear before a medical board, draw his actual
travelling expenses, subject to a maximum of the amount of travelling allowance
to his head-quarters after appearing before the medical board, he may draw his
actual expenses subject to the same maximum. In both cases his travelling
allowance bill must be supported by a certificate that he was directed to apply
for an invalid pension in the interests of the public service, and that he did
not voluntarily ask to retire (Rule 2-126, T.A. Rules).
(2) The Inspector-General may allow actual expenses, as limited by the
above rule, to be drawn by a police officer who voluntarily applies for an
invalid pension; provided that the authority is satisfied that the circumstances
of the applicant are such as to justify the concession (Rule 2-127, R.A. Rules)
(3) A Government servant who has been directed to apply for, or, is in
receipt of, a wound or disability pension from provincial revenues, may, for
the journeys made to obtain a certificate from a Medical Board for the grant of
or the continuance of his pension, draw his actual expense, subject to a
maximum of the amount of travelling allowance calculated for the journey from
his headquarters to the place where the Medical Board is held and back (Rule
2-126-A, T.A. Rules)
(4) Except as provided above no travelling allowances is admissible for a
journey undertaken in order to appear before a medical board (Rule 2-128, T.A.
Rules)
10-153. Travelling
allowance for journeys during a course of training – (1) Police officer are
authorised to draw travelling allowance as follows for journeys in connection
with the course of training:---
(a) for the original
journey from his place of posting to the place of training and for the journey
on return at the conclusion of the course, whether to the same or to another
place of posting, at the course exceeds six weeks in duration; otherwise at the
rates authorised for a journey on tour.
(b) for journeys on
duty performed under due authority during the course of training at the rates
authorised for journeys on tour.
(2) When a course of training is divided into two or more terms, each of
more than six weeks in duration, travelling allowance for journeys performed
from the place of training and back to it again at the end of one term and the
beginning of the next shall, if the interval has been spent in a continuation
of training in some other place, ordinarily be drawn at the rates authorised
for journeys on tour; provided that the Deputy Inspector-General in control of
the course of training in question may, by special order in each case, permit
the allowance to be drawn at rates authorized for journeys on transfer, if
satisfied that the actual expense between two terms is treated as vacation, no
travelling allowance will be admissible for journeys performed in proceeding on
or returning from such vacation.
(3) The officers, who are required to sign and countersign bills in which
claims under sub-rule (1) above are made, shall take special care to prevent
abuse of the concession authorised. Claims for the cost of conveying personal
effects by goods train should not be admitted without special reasons in each
case, and no claim for the transport of a motor cycle or other conveyance will
be allowed, unless the officer making such claim has been actually ordered by
the Inspector-General to maintain such conveyance at the place of training.
Note – For rules relating to travelling allowance
admissible to police officers permitted to attend a course of physical training
beyond their sphere of duty, refer to Order III in Appendix O of Travelling
Allowance Rules.
10-154. Travelling
allowance for journeys as sick-attendant – Journeys performed in
attendance on a sick Government servant on the authority of the District Health
Officer are counted as duty, and travelling allowance as for journeys on tour
may be drawn for the outward and return journey (Rule 2-130, T.A. Rules)
10-155. Travelling
allowance when means of conveyance is supplied free of charge – When any
police officer above the rank of constable travels on duty by conveyance
supplied to him free of charge by Government, a local fund, a Court of Wards
Estate or an Indian State, the allowance to which he is entitled will be
reduced according to the extent to which free conveyance covered to the cost of
the journey. The rules regulating claims for such journeys are contained in
rule 2-159 to 2-162 of the Travelling Allowance Rules.
10-156. Journeys
in connection with polling – Police officers detailed for duty in
connection with the maintenance of order at polling stations or the guarding
and escorting of ballot boxes will be entitled to the travelling allowance
admissible to them according to their grade as for journeys on tour or escort
duty respectively ( Rule 2-171, T.A. Rules)
Note – The cost of carriage of ballot boxes shall be recovered from Deputy
Commissioners.
10-157.
Controlling officers – The Superintendent shall be the controlling
officer for the countersignature of all travelling allowance bills of enrolled
police officers serving under him in the district. The Principal Police
Training School and Assistant Inspector-General of Police, Punjab, shall
similarly countersign bills of enrolled police officers and clerks serving
under them.
Deputy Inspectors-General shall be the controlling officer for the
countersignature of all travelling allowance bills of gazetted officers in
their ranges and of clerks serving in their offices. Bills of Assistant
Superintendents of Police and Deputy Superintendents of Police shall be first
countersigned by the Superintendent under whom they are serving, before
submission to the Deputy Inspector-General. The Assistant Inspector-General,
Railway Police, the Deputy Inspector-General, Criminal Investigation Department,
and the Principal, Police Training School, Phillaur, are controlling officers
for the bills of gazetted and enrolled officers and clerks serving under them.
The officers specified are prohibited from delegating their authority of
countersignature.
10-158.
Responsibility of controlling officers – (1) it is the duty of a
controlling officer, before signing or countersigning a travelling allowance
bill:---
(a) to scrutinise the
necessity, frequency and duration of journeys and halts for which travelling
allowance is claimed, and to disallow the whole or any part of the travelling
allowance claimed for any journey or halt, if he considers that a journey was
unnecessary or unduly protracted, or that a hlat was of excessive duration;
(b) to scrutinise carefully
the distance entered in travelling allowance bills;
(c) to satisfy himself
that, where the actual cost of transporting servants, personal effects, etc.,
is claimed under these rules, the scale on which such servants, effects, etc.,
were transported was reasonable and to disallow any claim which, in his
opinion, does not fulfil that condition;
(d) to exercise care
that there is no evasion or breach of the fundamental principle of travelling
allowance laid down in Fundamental rule 44, viz., that the allowance is
not to be source of profit, especially in the case of journeys by road
performed.
(e) to ensure that
departmental rules regarding the preparation, submission and payment of
travelling allowance bills are correctly followed, and (Rule 2-174, T. A.
Rules.)
(f) to judge
on the circumstances of each case whether the officer making the journey could
or could not have purchased a return ticket according to the rules of the
railway or steamer company and to allow travelling allowance according to the
proviso to Rule 2-23, Travelling Allowance Rules, when he considers that the
officer making the journey could have purchased, return ticket.
(2) The scrutiny to be exercised before signing and counter signing bills
of enrolled police officers and clerks is prescribed rule 10-160. To enable a
proper check to be kept on the claims of gazetted officers and to prevent the
allowances for one journey from being charged twice the Inspector General and
Deputy Inspectors General shall maintain a register in Form No, 10-158 (2).
10-159. Travelling
allowance bills forms – Gazetted officers bills shall be prepared in
Civil Account Form No, 2 and those of enrolled police officers and clerks shall
be prepared inform 10-159 (b). The certificates printed on these forms
endorse the necessity of a careful scrutiny by signing and countersigning
officers, as directed in rule 10-4.
Note – Travelling allowance claims for additional police
shall be prepared on separate bills from those of the regular establishment.
10-160.
Preparation of enrolled officers bills – (1) Every effort must be
made to expedite the submission of claims for travelling allowance of enrolled
officers and the preparation and disbursement of the amounts of bills.
(2) Officers in charge of police stations and Lines officers shall insist
on the prompt entry by their clerk head constables of all claims for journeys
performed by themselves or police officer serving under their orders in Form
10-160 (2 (a). This form will remain open for ten days, and all journeys
completed within that period shall be entered in it. After ten days it shall be
closed and submitted, together with an acquittance roll in Form 10-160(2)(b),
duly filled in as regards the first seven columns to the Superintendent of
Police. The bills and all certificate required to be furnished with it shall be
signed by the Lines officer himself and in police stations by the officer in
charge of the police station, or, in his absence, by the senior police officer
present. A brief abstract showing the amount of the bill and the dates covered
by it, shall be entered in the correspondence register at the time of despatch
to headquarters.
(3) Claims for mileage allowance for distances which are not shown in the
published polymetrical table of the district or in any available map, or which
are otherwise open to question must be supported by the certificate of the
officer in charge of the police station, within whose jurisdiction the whole or
part of the journey was performed, or by other satisfactory evidence of the correctness
of the distance entered in the claim.
Officers preparing travelling allowance claims must scrutinize with
special care claims for daily and other allowance for journeys which have
caused their subordinates to visit the neighbourhood of their homes. So far as
may be possible orders necessitating such journeys should be avoided.
(4) The Superintendent shall, on receipt of the bills mentioned in
sub-rule (2) above, have them checked and translated in his office by the bill
clerk, whose work in this connection shall be supervised by the head clerk and
accountant. Consolidated bills shall be prepared in the prescribed form,
whenever a sufficient number of Urdu bills have been received and checked; this
should ordinarily be three times in the month.
(5) The bills clerk, after preparing the consolidated English bills
shall, jointly with the accountant, check it carefully with the Urdu bills, and
shall then correct and complete the acquittance rolls. The accountant shall
make the necessary entries the Advice Notes and the Cash Distribution Register.
The contents of the consolidated bill shall then be entered in the travelling
allowance register to be maintained in English by the bill clerk in Form 10-160
(5).
(6) When the procedure described above has been completed, the
consolidated bills shall be presented at the treasury, together with the
necessary requests for cash orders, letters of credit, etc., as in the case of
encashment of pay bills. Acquittance rolls will be returned to the disbursing
officers together with the advice note.
10-163. Check on
disbursement – It is an important duty of gazetted officers to
check the correct disbursement of travelling allowance which is sometimes
inevitably delayed. To facilitate this check the serial numbers and officer of
origin of all travelling allowance acquittance rolls, which have not so far
been returned to the office, shall be entered in the remarks column of the
travelling allowance register on the last working day of each month. These
entries shall be initialled by a gazetted officer after comparison with the
previous months’ entry.
PART VIII
Miscellaneous
10-164. Police
Lands Fund – Revenue and expenditure in connection with police lands (vide rule
3-28 et seq) shall be accounted for in the police lands fund. Payments
to this fund shall be made in the manner prescribed in rule 10-150 (b).
Expenditure from the fund can be incurred, at the discretion of the
Superintendent of Police within his budget allotment, on the pay of the
establishment sanctioned for each district by the Deputy Inspector General, on
the planting and watering of shade and fruit frees and ornamental shrubs, and
on similar development of the land calculated to improve, the appearance and
amenities of Police Lines and other buildings. If funds are available after the
above purposes have been served, expenditure may be incurred, under the
specific sanction of the Deputy Inspector General in each case, on the purchase
and upkeep of utensils for the use of cooks in the headquarters lines. Sums for
expenditure shall be drawn in abstract contingent bills as prescribed in
appendix 10-111.
10-165.
Establishment – All posts on the establishment of the police lands fund are
non-pensionable and can be created only on the authority of the Deputy
Inspector General of Range. The Accountant General shall be supplied by each
Deputy Inspector General with a statement of all such posts, and all
alterations in the establishments should be similarly communicated.
10-166. Budget
estimates and allotments or police land fund – (1) Superintendents of
police shall submit to the Deputy Inspector General annually on the 1st
August budget estimates of police lands fund revenue and expenditure in Form
10-166 (1).
(2) Estimates shall be carefully framed on the principle laid down for
other budget estimates. The relation between revenue and expenditure must vary
according to local conditions. In some places the revenue cannot be expected to
provide for the minimum expenditure, which is necessary to keep the
surroundings of police buildings in proper order; in other places revenue from
valuable fruit crops and the like may greatly exceed the reasonable needs of
expenditure. Superintendents in making their estimates and Deputy Inspectors –
General in scrutinising them are required to consider each case carefully on
its merits and to ensure that steps are taken to credit to the fund all
revenue, which can reasonably be collected from the lands, and that no
expenditure is incurred which is not both consonant with the legitimate purposes
of the fund and provided for in the allotment of funds. Convincing reasons will
be required, however, in every case where estimates of expenditure exceed
estimates of revenue.
(3) Deputy Inspectors – General shall submit consolidated estimates in
Form 10-166 (3) for their ranges to the Inspector – General not later than 25th
September, retaining the original district estimates in their own offices.
(4) On receipt of intimation from the Inspector – General of the
allotments placed at their disposal Deputy Inspectors – General shall make
distribution to districts at their discretion. Re-appropriation within the
distribution may be made at the discretion of the Deputy Inspector – General,
who may also, if he considers it necessary, apply to the Inspector – General
for re-appropriation from the police lands fund allotment of another range.
10-167. Local
audit of police accounts – A special post of auditor is sanctioned in
the office of each range Deputy Inspector – General. These auditors are
required to carry out a through audit inspection of the whole of the accounts,
including those of the Police Deposit Fund and General Police fund, in each
district of the range, in conjunction with the Deputy Inspector – General’s
annual inspection of the district. They shall carry out similar audit
inspections of police offices not attached to ranges, as may be ordered by the
Inspector – General or Deputy Inspector – General.
10-168. The Budget
– Gazetted officers, head clerks and accountants are required to
familiarise themselves with the general principles of the system of Government
accounts contained in the Punjab Budget Manual. In order that they may
understand the processes by which revenue and expenditure are estimated and
demands scrutinised, and to enable them to put forward proposals affecting
their own offices in the form necessary to ensure consideration at the proper
time, a study of the following portions of the Manual in particular is
necessary:---
Paragraphs
1-2, 1-4 and 14-1, showing the structure of the estimates and the division of
expenditure.
Paragraphs
1-10 and 1-11, explaining the chain of scrutiny and the imperative necessary of
adherence to prescribed procedure and dates.
Paragraphs
1-12 to 1-17, which show the stages through which all proposals involving new
expenditure have to pass, and from which it can readily be understood that the
prospect of such proposals being sanctioned without avoidable delay depends
mainly upon the care and foresight with which schemes are presented in the
first instance by Superintendents of Police.
Paragraphs
1-22 which explains the means by which unspent balances (other than the savings
in the contract contingent grant) may be made available in the next budget
grant, thus making hasty expenditure at the end of a financial year
inexcusable.
Paragraphs
1-25 which is an explanation of the constitutional reasons for the prohibition
of expenditure in excess of budget grants.
Chapter
2, read with the relevant portions of Appendix D and paragraph 5-6, describes
the method of completing the forms supplied by the Finance Department for the
preparation of budget estimates of revenue and expenditure, the nature of the
explanatory material which is required in support of estimates and the dates
and channel of submission.
10-169. Preparation
of budget estimates – Budget
estimates will be prepared in the first instance by head clerks and
accountants, but heads of offices are required personally to check the
estimates so prepared with great care, and to satisfy themselves that estimates
of revenue and expenditure are as accurate as possible, and are not mere
repetitions of the figures of previous years.
Note –Grain compensation allowance estimated for the
current and next year will be entered in Form B. M. II and attached to the
budget estimates.
10-170. Proposals
involving new expenditure – (1) In making proposals, other than proposals
concerning buildings involving expenditure not provided for in their budget
allotments, officers shall invariably endeavour to suggest a means of meeting
such expenditure during the current financial year by re-appropriation within
their allotment. Failing such re-appropriation the Inspector – General may, if
the proposal is approved, provide funds by re-appropriation within his powers.
Where, however, the proposal involves recurring expenditure for which provision
must be made in the budget of the ensuing year, the provisions of Chapter 7 of
the Budget Manual must be strictly observed. As all such proposals have to be
placed by the Inspector – General before the Finance Department not later than
August 1st, after scrutiny by Deputy Inspectors – General, by
Inspector – General himself and by the Home Department, it follows that the
proposals must be put forward by the Superintendent of Police by June 15th
at the latest. Only in very urgent cases can the Inspector – General send up
supplementary proposals as late as the 1st October, so the latest
possible date for the submission by Superintendents of even urgent proposals
involving expenditure in the next financial year is the 1st
September.
(2) In the case of proposals for new expenditure on buildings the
principles laid down in chapter 7 of the Budget Manual also apply generally,
but the date by which the Inspector – General is required to submit his list of
major and minor works is the 20th September ; proposals may,
therefore, be put forward to Deputy Inspectors – General by Superintendents as
late as the 1st September, Supplementary proposals may, if of great
urgency, be submitted to Deputy Inspectors – General up to the 10 the October
at the latest. As, however, proposals regarding buildings require the
preparation of plans and estimates and the obtaining of administrative approval
according to police rule 3.7 before the Inspector – General can take any steps towards
in the proper form, in order of urgency and by the required dates. On the other
hand proposals should not be submitted unless there is reasonable prospect of
getting funds. Inquiry might be made demi-offically from the Inspector –
General.
10-171. Distribution of budget allotment – The
action to be taken after the communication to the Inspector – General of the
budget allotment of the department for the year is described in paragraphs 12.5
and 12.6 of the Budget Manual. Not later than the 15th May the
Inspector – General informs heads of offices, by means of a statement published
in the Police Gazette, of the grants distributed to them, and the
amounts retained by him in reserve.
10-172. Reporting of loss caused to
Government – In order that transactions which involve a loss to
Government may be properly accounted for in audit, all instances of loss to
Government coming under the following categories shall be reported to the
Inspector – General through the Deputy Inspector – General concerned, and also
to the Accountant – General, through the Inspector – General, in cases in which
a report to that officer is to be made under Article 29 of the Civil Account
Code.
(a) Complete or partial relinquishment of a
claim for money due to Government.
(b) Loss,
theft or embezzlement of money due to Government.
(c) Losses
other than trivial losses in stores and equipment.
(d) Losses of or deficiencies in cash in hand, whether in the
form of a deposit with the treasury or imp rest money.
Note – the
acceptance of counterfeit coins or notes is regarded as a loss.
(e) Previous over-payments of which the record in the accounts
cannot now be rectified.
(f) Payments in excess of what would ordinarily be due, where,
the excess payment is due to the action of another department of Government.
(g) Payments on account of default or damage which have to be
made under the terms of a contract.
(h) Payments made by Government servants as acts of grace, i.e.,
where no payment is due under statute or rule, but where, having regard to the
circumstances, payment is regarded as equitable.
(i) Payments for damage done by Government servants or by
Government property or by fire in a Government building.
(j) Payments by Government which are in excess of the amount
admissible under rule.
(k) Irrecoverable balances of payments made by Government in
advance.
(l) Losses due to errors of Government servants which can be
measured in terms of money.
10-173. General
Provident Fund – (1) all police officers
in permanent and pensionable service and all members of the police clerical
cadre are eligible to become subscribers to the General Provident Fund.
Subscription to the Fund is compulsory I the case of all Europeans and
Anglo-Indians in permanent service. The statutory rules of the fund are published
in a pamphlet which is on record in all district Police Officers.
(2) Advances from the fund may be granted
under the conditions prescribed in the statutory rules by the following
authorities.
To subscribers who are gazetted officers. The Inspector – General.
To subscribers who are non-gazetted
officers Deputy Inspector - General
in receipt of Rs.150 per mensem or over.
To all other subscribers .. .. Superintendents of Police.
The authorities specified are prohibited
from delegating their powers of sanction.
CHAPTER XI – Office Routine
11-1. Office staff of Superintendent – The English and Urdu office staff of each
Superintendent consists of the following:---
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1
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2
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3
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4
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Division of
duties
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Designation
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Rank
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Remarks
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English Office branch
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Head Clerk
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Inspector or Sub-Inspector
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This officer is
in charge of the English office and is responsible for the punctual disposal
of correspondence, submission of periodical reports and returns, and the
maintenance of character rolls and service books and, when no senior officer
is available may sign necessary letters, etc., for the Superintendent of
Police. He shall also supervise the work of the Accounts Branch and is
responsible for the correctness of the accounts. He will be assisted by as
many assistant clerks as may from time to time be sanctioned
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Accounts branch
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Accountant
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Sub-Inspector
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His duties and
responsibilities are detailed in Chapter X, Police Rules. He will be assisted
by as many head constables and constables as may from time to time be
sanctioned.
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Bill Clerk
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Head- Constable
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He shall prepare
travelling allowance bills and be general assistant to the Accountant
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Urdu Office branch
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Reader to Superintendent of
Police
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Assistant Sub-Inspector
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This officer
shall exercise supervision over his assistant readers (head-constables) of
whom there will be as many as there are gazetted officers. He shall also
maintain the standing order book and the district order book.
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Record keeper
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Head-Constable
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This officer
shall be in charge of the Urdu records and will be assisted by one or more
constables according to the requirements of the district.
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Return-writer
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Head-Constable
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Shall maintain
the general crime register, and despatch register of conviction slips and
shall be responsible for all prescribed returns from the Urdu office.
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Diarist, Copyist and
Despatcher
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Head-Constable or Constable
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With as many
assistants as may be sanctioned shall deal with the receipt, registration,
distribution, copying and despatch or Urdu correspondence according to rules.
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Provided
that every police officer shall at all times render such general assistance as
may be required of him in the exigencies of the service.
The
assistant sub-inspector selected to discharge the duties of head reader shall
be selected from officers of that rank employed on executive duties and shall
not remain in the post for a longer period than two years at a time without the
special sanction of the Deputy Inspector-General. An officer who has been head
reader shall again become eligible for such post, without any special sanction,
after three years ordinary police duty.
Note – Readers to the
Senior Superintendent of Police, Lahore, and the Superintendents of Police,
Amritsar, Ferozepore, Multan and Rawalpindi will be of the rank of
Sub-Inspector.
11-2.
Methods of correspondence
–
(1) All gazetted police officers and those subordinates who are employed in the
offices of Superintendents of Police are required to familiarise themselves
with the general instructions governing correspondence, which are contained the
Punjab government Consolidated Circular No. 5.
(2)
Ordinary correspondence within the department should be in memorandum form, and
the same form should be used for un-important correspondence with officers of
other departments of equal or inferior status to that of the police officer
addressing them. In important references requiring a lengthy letter, or which
are likely to be forwarded other departments, the form of address and
subscription of an official letter shall be used.
(3)
Every official communication shall be headed with its number, the name and also
the office of the writer and of the addressee, the palace from, and the date on
which it is written, followed by an abstract subject heading and shall, at its
commencement, quote the number, date and purport of any previous communication
written from the same office to the same addressee, or received from the office
addressed, on the same or relevant subject. If any communication or order is
referred to which is not enclosed, the number, date, paragraph and purport of
such communication or order shall be quoted.
(4)
Colloquial phrases, vernacular, or provincial expressions shall not be used
unless their equivalents are given in the text or in notes.
(5)
More than one subject shall not ordinarily be discussed in the same
communication.
(6) All
communications, which will require to be filed with a case shall ordinarily be
written on paper of foolscap folio or quarto size.
11-3. Enclosures
–
Original documents shall not be forwarded as enclosures unless such a course is
necessary. Urdu enclosures shall ordinarily be accompanied by English
translations. The transmitting communication shall contain a list of all
enclosures.
11-4. Disposal
of unimportant communication – In all unimportant cases, when a copy of the receipt
or despatch communication is not considered necessary, the reply may be written
at the foot or on the reverse of the receipt communication, which, after being
numbered and entered in the correspondence register, shall be returned in
original to the office of issue.
11-4-A. Relief to be given to Deputy Commissioners
and other Administrative and Executive Officers in clerical work - To lighten the
burden placed upon district officers Government have issued instructions
reproduced in Appendix No.11-4-A prohibiting the issue from the Government
Secretariat of unnecessary references calling for information from district
officers. These instructions apply mutates mutandis to administrative
police offices.
11-5. Method
of despatch and posting – (1) Communications and articles of considerable
weight which are not of an urgent nature shall be sent by parcel of packet
post; provided that communications and articles of value shall not be sent as
packets. A parcel may contain one but not more than one written communication
of the nature of a letter, which shall be addressed only to the addressee of
the parcel itself. The inclusion of more than one letter in the same envelope
or cover is contrary to Rule 31 of the Indian Posts and Telegraphs Rules, 1933.
Office files, however, are not letters within the meaning of Sections 4 and 5
of the Indian Post Office Act and may be transmitted in a single parcel or y
private agency instead of by post.
The
despatch number of all letters, etc., enclosed in one registered cover shall be
noted on the cover. The officer opening the covers shall satisfy himself that
the contents received are correct.
(2) For
important communications, where only a proof of posting is required, the system
of acknowledgment of posting afforded by the Post Office, at the rate fixed by
the Postal Department, shall ordinarily be resorted to. Where, however, a proof
of delivery is required the cover shall be sent “Registered and acknowledgment
due”.
11-6. Use of
rubber stamps – Printed or lithographed signatures as franks may not be used, but
stamps giving a facsimile of an officer’s signature may, under proper
precautions, be used for franking, but for no other purpose whatsoever. A list
of rubber stamps, for use in district police offices and obtainable on payment
from the Controller of Stationery, Calcutta, is given in Appendix 11-6.
11-7. Covers
to be franked – All covers despatched from the office shall be franked by the
despatcher; otherwise they are treated as bearing covers under the rules of the
Postal Department. Police, offices shall receive, and pay postage due on
articles addressed to them “On Pakistan States Service”, and bearing the
signature in full of the sender.
11-8. Sue of
reminders – Reminders (that is communications drawing attention to unanswered references)
shall not ordinarily be numbered; and reminders received shall, if the reply
called for is not at once despatched, be returned with an explanation of the
delay and a statement when a reply may be expected.
11-9. Addressing
covers of official communications – The covers of official communications shall be
addressed to the official designation of the officer; but those of
demi-official communications shall be addressed to the name as well as to the
official designation, and should be opened only by the individual to whom they
are addressed.
11-10. Despatch
of confidential papers – When confidential papers are sent out of an office
they shall be put into double sealed covers. The inner one shall be marked “Confidential”,
and be super scribed with the name of the addressee. The outer cover should
bear the official designation of the addressee only, and have no marking of any
kind on it to indicate that its contents are of a confidential nature.
11-11. Destruction
of confidential correspondence – The destruction of confidential correspondence is a
matter for the discretion of district officers, but as a general rule
correspondence, other than that of special importance, over 20 years old may be
destroyed. The destruction of other confidential records is regulated by
instructions issued periodically by the Deputy Inspector-General, Criminal
Investigation Department.
11-12. Despatch
of plans and maps on which the title to any property is based – No plans or maps
on which the title to any property is based shall be sent out of the office of
record in original, unless specially called for by competent authority, in
which case the should, if entrusted to the post, be sent under registered
cover. Copies of such plans or maps may accompany letters if necessary.
11-13. Channel
of correspondence – (1) A Superintendent shall ordinarily correspond direct only with his
equals or inferiors in official status or with those immediately superior to
him. Correspondence with the Commissioner shall be conducted through the District
Magistrate and with the Inspector-General through the Deputy Inspector-General.
Superintendents shall address Military Officers or above the rank of Colonel
Commandant and Colonel on the Staff through their Staff Officers.
(2)
Except (1) in cases in which direct reports may be ordered by general or
special rules, (2) in emergencies, and (3) in answer to direct reference, the
above channels of communication shall be followed. In cases coming under (2) or
(3) of the exceptions above named, a copy of the communication shall be sent to
the officer through whom the communication would, in the ordinary course, have
passed.
11-14. Communications
with other provinces and countries – (1) All communications and documents sent by
police officers to officers in another province where there is a different
vernacular shall be in English.
(2)
Should it be necessary to communicate with British Officials in the United
Kingdom and the colonies regarding a criminal case or any matter of Public
Security Intelligence, the facts should be reported, through the Deputy
Inspector-General, Criminal Investigation Department, to the Inspector-General
of Police, who is authorised to conduct such correspondence.
(3)
Communications between gazetted police officers and between such officers and
officers of similar status in other departments, and in answer to
communications in English from persons not in the service of Government, shall
be in English, unless the person addressed is known habitually to conduct his
correspondence in the vernacular.
11-15. Translation
– All
translations made in the office of a Superintendent shall be checked and
certified as correct by a responsible officer not below the rank of assistant
sub-inspector.
11-16. Translation
of vernacular words – (1) The transliteration of Indian words and the
spelling of names should follow, as closely as possible, the rules given in
Appendix C of Punjab Government Consolidated Circular No. 5.
(2) As
regards the names of places, the Imperial Gazetteer shall be accepted as the
primary authority for the spelling of all names of places found in it, and in
the case of names which do not appear in the Gazetteer, the local civil
authority shall decide all questions relating to the spelling.
11-17. Communications
on private matters – Officers shall not address their superiors on personal matters
concerning their own leave, pay, promotion, appointment, etc., by “State”
telegram or in service paid letters. Should a reply to such a communication be
required by telegraph the cost of the reply shall be prepaid. When such
references are forwarded by the superior officers of those submitting them,
they will be treated like any other official communication.
11-18. Wording
of telegram – Telegraphic messages should be worded as briefly as is consistent with
conveying the intended meaning with ambiguity.
11-19. Telegrams
– use of - Police officers may use the
Government and State Railway telegraph system for the transmission on official
business of telegrams of the following classes:---
(a) Ordinary State, (b) Express
State, (c) Special Police
Message
should be classed “Ordinary” except in cases of special urgency. The “E-press”
class should be used for messages of special urgency, when the difference of a
few hours in the time of delivery is of moment, or when it is known that, owing
to a block of traffic, “Ordinary” class of telegrams are liable to serious
delay.
The
authority to class messages “Special Police” has been given to police officers
and an above rank of Inspector at the headquarters of districts, with the
proviso that, when a gazetted officer is available, the privilege shall
ordinarily be exercised by him only, and to officers of an above the status of “officer
in charge of police station” at places other than district headquarters.
Telegrams so classed take precedence for despatch over almost all classes of
traffic. The classification is intended for the reporting of facts and events
of such pressing urgency that even a few minutes’ delay would be serious, and
its use should be confined to emergencies and to messages in connection with
the prevention or detection of crime, when immediate communication of
information is essential.
“Special
police” messages must be received for despatch and delivery by all telegraph
offices, whether during “closed” hours or not. They are paid for at “express”
rates including late fees.
11-20. Abbreviated
telegraphic addresses – Superintendent of Police shall arrange to supply
officers in charge of police stations and others with a list of the registered
telegraphic address of all officials, both of the police and other departments,
with whom they are likely to be called upon to exchange telegrams, and to keep
these lists up to date. A list of such addresses is published in Appendix D of
the Punjab Civil List.
11-21. Use of
canal telegraph system – The canal telegraph system in the Punjab may be used
by police offices under the following restrictions:---
(a) All messages must be strictly on
Government service.
(b) No message may be sent to any place
which is served by other wires, e. g., Government telegraph or railway
wires.
(c) Messages sent on canal service shall
have precedence over all others.
(d) No guantee can be given as to the
correctness of messages or against delay.
(e) When the addressee is at a distance from
the receiving telegraph office, the message will be forwarded by had, with a
letter from the signaller to the addressee stating what fee has been agreed on.
This fees will be paid to the messenger on delivery and will vary according to
the conditions of distance, time and weather.
Such fees are
chargeable to the contract contingent grant.
11-22. Telephone
– The
telephone should be freely use, wherever it is available, to save time and
formal correspondence. This means of communication should be utilised for
reporting matters of urgency including “special reports” of crime form police
stations to headquarters; for obtaining information required to supplement or
explain a written report, and for conveying orders. Where a record in necessary
of orders or information conveyed in the first instance by telephone, a copy
should be sent by the earliest available post. Message books (Form 11-22) shall
be kept in each office which is supplied with a telephone. The recipient of a
message or order, as received, and will then repeat it over the telephone and
obtain the sender’s acknowledgment of its correctness. Messages recorded in
this form shall be placed in the appropriate file in the receiving office,
until their place is taken by the official copy which is required to follow by
post; on receipt of the latter the message form will be destroyed.
Trunk
calls shall be used for official purposes, only when the use of the telegraph
would be justified, and if the cost of such a call is not greater than would be
the cost of making the enquiry in question and getting a reply thereto by
telegram. Except in cases of great emergency, trunk call will be made only by
officers of and above the rank of inspector.
11-23. Treatment
of receipt letters and postal matter containing remittances – (1) In the offices
of Superintendent of Police all letters, etc., received shall be opened by a
gazetted officer or, if no gazetted officer is at headquarters, by the head
clerk personally. Every receipt shall be registered before any other action is
taken, the office stamp, with the diary number and date entered in red ink,
being impressed in the upper left-hand corner. The head clerk is responsible
that every fresh receipt is shown to a gazetted officer within forty-eight
hours, even if the connected file is not available for submission at the same
time. This rule shall apply as far as is practicable to the officers of Deputy
Inspector General of ranges.
(2)
Receipts for insured or registered letters or packets shall be singed by the
head clerk personally or other officer senior to the head clerk. Such letters
and packets shall invariably be opened by a gazetted officer, or, when no such
officer is at headquarters, by an inspector. The officer opening insured
letters or packets will be personally responsible for seeing that the contents
are correct according to the covering letter, if any, or endorsement on the
cover, and are immediately brought on to permanent record or account. If the
insured contents are currency notes, cheques, or remittance transfer receipts
they shall be made over to the accountant and the receipt shall be entered
forthwith in the general cash book and initialled by the officer opening the
letter or packet; if they are other valuable goods or documents they shall
immediately be placed in suitable safe custody. Officers must realise that
laxity in the receipt and disposal of valuables sent through the post gives an
easy opening for misappropriation and fraud of kind the detection of which is
not easy.
11-24. Registration
– (1)
All correspondence, both receipts and issues, shall be registered in one diary
of correspondence [Form 11-24(1)] and every separate receipt and issue shall be
given a serial number as shown in the diary, receipts being entered in black
ink and issues in red.
(2)
Periodical and other standard returns shall be entered in the diary and
numbered for despatch. Covering letters shall not be sent with communications,
unless it is necessary to make explanatory remarks, which cannot be endorsed on
the return itself.
When a
return is blank the fact should be reported on a post card. –[vide
sub-rule 11-39(3)].
(3) The number of a despatch letter should be given above, the file and
subject head number below, e.g., meaning letter number 256 of file 2,
subject head 19.
(4)
When a letter which starts a new subject is issued or received the head clerk
shall decide whether, in accordance with rule 11-25, it should be filed with
the “miscellaneous file” of the chapter concerned or with one of the “general
files,” or whether it should be given a “special file.” In the last case the
necessary entry in the file register [Form 11-28 (1)] shall at once be made.
(5)
When any communication is sent to more than one office, the distribution shall
be shown on each copy.
11-25. Filing
– (1)
Correspondence shall be kept in the flat file system and given file covers
[Form 11-25 (1)]. Files shall be kept according to their file and subject head
numbers – (See rule 11-26).
(2)
Papers in file shall be arranged chronologically, and shall be paged on one
side only on the right hand top corner, the first paper being numbered I, and
the second,3, and so on, the reverse of each paper being the following even
number, which need not be marked. Office notes and orders, except purely ephemeral
notes such as calls for papers and explanations of delay, which should be made
on “slips” or “buff sheets” and destroyed when disposed of, shall form part of
the file and be paged accordingly.
(3)
Enclosures to a letter when placed on record should come before the letter
itself. A note in red ink shall be recorded on the enclosure on receipts, as
follows:---
“Enclosures
to letter number ,
dated
to be returned,” the last three words being omitted if the enclosures
are not to be retuned.
(4) An
index to the contents of each file shall be maintained on the outer cover and
shall show whether letters are pending or otherwise.
11-26. Heads
of correspondence – (1) Main subject heads of correspondence shall be allotted in accordance
with the chapter headings of Police Rules, one extra main head “head subjects”
being added for correspondence bearing no relation to those rules, Sub-heads
shall follow, as far as possible, the paragraph headings of Police Rules.
Further instructions are given in Appendix 11-26 (1).
(2)
Files under each subject head will be of three descriptions, viz., “Miscellaneous,”
“General” or “Special”.
(a) Only one “miscellaneous” file shall be
maintained under each main head. It will be given the first serial number under
the head concerned each year, and will contain all correspondence on that head
of an unimportant or routine nature, concerning which no lengthy correspondence
is expected, and for which a “general “ or “special” file is considered
unnecessary.
(b) A “special” files under each subject
head will consist of papers connected with periodical correspondence or returns
on one general subject, on any one item of which no lengthy correspondence is
expected. General files will be marked with the letter “G”.
(c) A “special” file shall be started for
every case which, either form the item of its imitation or t a later stage,
appears likely to be the subject of prolonged correspondence, or to be of
intrinsic importance as a precedent or as embodying a new ruling or order, or
to constitute a distinct item within a general sub-head, which is likely to be
required frequently for reference and should be kept on record for more than
item years. It will frequently be necessary to transfer papers form a “miscellaneous”
or “general” file to a “special” file. Whenever this is done corrections must
be made in the diary of correspondence, and index of the file from which the
papers are removed.
(3) Papers in connection with “miscellaneous”
and “general” files may, if convenient, be submitted separately as they are
received. After necessary orders have been issued and complied with they should
be placed with the files to which they belong. Papers in connection with “special”
files should ordinarily be submitted for orders with their files.
(4) When a file becomes unduly bulky
{ordinarily when it exceeds 100 pages}, a separate continuation file should be
studied both by gazetted office sand clerks, and should followed, as for as the
conditions of different offices permit.
11-27. Detailed
instructions regarding office procedure – Further detailed instruction
for the conduct of the business of an office are published as Appendix 11-27.
These instruction should be studied both by gazetted officers and clerks, and
should be followed, as far as the conditions of different offices permit.
11-28. File
Register – (1) An annual files register shall be maintained in Form 11-28(1) for
each subject head. It will give the number of and serve as an index to all “general”
and “special” files.
(2) A
new register and a new series of serial numbers will be started at the
commencement of each year.
11-29. Arrangements
of correspondence files – (1) For purposes of arrangement in the record room,
correspondence files will be divided into two classes:---
(a) “Action files, in which further
correspondence is expected, including all “miscellaneous” and “general” files.
(b) Completed “special” files, in which correspondence
has been finished.
(2) One
or more record cupboards should be kept for correspondence files of the current
and preceding year, and should be divided into compartments marked with a
distinguishing number for each main-head. Each compartment will be sub-divided
into two.
Completed
files will be tied up between boards and placed below the action files, which
will be kept loose, but in their proper order.
Action
files will be kept in the upper division and completed files in the lower
division of the compartment.
(3) At
the end of the second year the files of each subject head shall be placed
between stiff boards in a separate record cupboard, divided into annual
compartments. On the top board of each packet shall be written the number of
files. This portion of the record hslal be classed as old records.
11-31. Period
of retention of, and destruction of records – The process of eliminating
superfluous records shall be carried on continuously under the orders of the
head clerk. No file shall be considered for destruction till it has been three
years in the “old records”. Files in the “old records” shall be kept in two
classes (a)miscellaneous and general, (b)special. No special file
shall be considered for destruction till it has been ten year in the “old
records”.
Subject
to this guiding principle the record room staff will be continuously engaged on
the overhaul of old files. Each file liable to destruction will be first
examined with the aid of its index. Any portion of its contents which the
record clerk considers should be kept, shall be removed – the orders of the
head clerk being taken if necessary – before the rest of the file is destroyed.
The orders of the head clerks shall be cancelled in red ink, dated and
initialled by the record clerk. Progress in destruction work will be checked at
all office inspections by reference to the file register.
Papers
removed for retention from files which are to be destroyed shall be recorded in
a special file under the appropriate subject head entitled “Papers retained
from files destroyed.” This extra file shall, when created, be entered in red
ink at the end of he file register of the year in question.
11-32. Station
delivery register – An annual station delivery register shall be maintained in Universal
Form No, 20 for all letters, etc., sent out by hand.
11-33. Stamp
Register – (1) A stamp register shall be maintained by the accountant Form 11-33
showing the receipt and issue of Government stamps to each officer during the
year.
(2) The
rules prescribed by the Punjab Finance Department for the audit and better
control of service labels, - vide Inspector General’s Memo. No. 3402-A
dated 26th September 1931 – Should be carefully observed. Range
auditors should examine the stamp accounts during the course of their inspection
of district accounts.
11-34. Stock
book of office furniture – A register of furniture in the office of
Superintendents, Deputy Inspector General, and the Inspector General shall be
maintained in Universal Form No, 93. Stock shall be taken annually in April and
the record verified under the hand of a gazetted officer, the condition of
articles in stock being duly noted in the column provided for this purpose. To
facilitate identification each article shall be marked with the abbreviated
designation of the office concerned. Inspecting officers shall examine this
register in the course of their inspections.
11-35. Inventory
of stores – (1) An inventory of stores in Form 5-16(I) shall be maintained in each
police office showing all European and other stores and moveable property in
the custody of the head of the office. Articles required to be entered in the
registers maintained under rules 11-34 and 11-58 shall not be entered, but all
other Government property, other than that purchased or maintained from the
Chanda, Police Land or General Police funds, shall be included.
Note – Stores purchased
or maintained from the Police land or General Police funds shall be entered in
the miscellaneous stores register in the Lines (Rules 22-70).
(2) On
the 31st March of each year the balances of all stores should be
shown in once line and shall be verified by count by a gazetted police officer,
and attested by his signature in the register in the column for remarks. At the
same time a certificate shall be forwarded to the Deputy Inspector General, by
Superintendents, and to the Inspector General, by Deputy Inspectors General,
that this verification has been carried out.
At
inspections the controlling officer should call for the stock register and see
that entries have been regularly made and verify the record of actual count. He
should, if possible, verify by actual count the balance of one or more items,
as the balance of the particular stock affected is struck at each operation.
11-36.
List
of register – A list of registers to be maintained of a permanent
character, whether in English or in Urdu, shall be ordered to be submitted by
the police, except under the authority of the Inspector Genera or Government,
or by law or rule having the force of law.
11-37.
Unauthorised
re-terms – No periodical
return or report of a permanent character, whether in English or in Urdu, shall
be ordered to be submitted by the police, except under the authority of the
Inspector – General or Government, or by law or rule having the force of law.
11-38. Compilation
of Returns – the material for authorized periodical returns and reports should
normally be available from the records and registers in the office preparing
the. Such returns and reports shall be prepared accordingly, and material shall
not be demanded from executive officers except for special and adequate
reasons. When a special return ordered by proper authority necessitates the
collection of material directly from executive officers and police stations,
blank forms of the required returns shall be sent for completion.
11-39. List of
returns due from offices of Superintendents and Deputy Inspectors–General – (1) A list of
periodical returns which have to be submitted by Superintendents, showing the
period after which the office copies of such returns may be destroyed, is given
in Appendix 11.39(1)(A). A similar list, showing the returns to be submitted by
Deputy Inspectors – General, is given in Appendix 11-39(1)(B).
(2)
Each Deputy Inspector – General shall cause a check statement of periodical
returns to be kept up in his office, in Form 11-39 (2).
(3)
When a return is blank, intimation of the fact shall be sent by post card,
quoting the description of the return, as given in Appendix 11-39 (I) (A) and
the number of the rule in which it is prescribed.
PART
– II
Stationary and Forms
11-40. Supply of English stationery – (1) English
stationary shall be procured by means of indents in the form supplied by the
Stationary Office, Calcutta. Such indents shall be submitted to the Inspector –
General on or before the 15th June each year. Head clerks are
required to make themselves familiar with the provisions of the Punjab Printing
and Stationary Manual, which affect procedure in the police department.
(2)
Care shall be taken that the cost does not exceed the annual allotment of
funds.
(3) Superintendents and Deputy Inspectors –
General shall each submit an annual estimate, in form B. M. I., of the total
expenditure on account of English stationery for the following year, to the
Inspector – General, not later than 1st July in each year.
(4) The requirements of stationery shall be
estimated for a calendar year on the basis of actual expenditure for
ten-and-a-half months and average expenditure for one-and-a-half months. The
balance stock in hand shown shall be that remaining after deducting
one-and-a-half months average expenditure as above.
11-41. Instructions for the preparation of indents
for stationery – Heads of offices and their head clerks are personally responsible for
utilising their allotment of funds for the purchase of stationery to the best
advantage. The annual indent must receive very careful attention, and must not
be treated as a matter of routine. Types of stationery and envelopes suited to
the actual requirements of the office must be selected; quantities must be
carefully calculated in the light of actual requirements and stock in hand; the
mere repetition of previous years’ indents must not be allowed. The indent for
pens, pencils, inks and miscellaneous requisites must similarly be framed after
a detailed survey of what is required to meet reasonable expenditure under
proper supervision. A model scale is given as appendix J, Punjab Printing and
Stationery Manual, and should be taken as a guide.
11-42. Indents for forms – (1) The instructions contained
in the Punjab Printing and Stationery Manual must be carefully followed mission
of all indents for forms. Superintendents of Police are not authorized to
indent direct on the Superintendent, Government Printing, the Central Jail
Press or Government contractors. Their indents will be consolidated and forwarded
by the Deputy Inspector – General, Government Railway Police, will indent
direct for their own requirements. The original indents must contain all
instructions regarding the binding of any forms which have to be bound into
registers, also the full address to which such forms and registers are to be
dispatched. The same care must be exercised in the preparation of indents for
forms as is enjoined in the case of stationery indents. (Rule 11-41). Balances
in stock must be verified by a responsible official, the balance of each form,
whether it is being indented for or not, being shown in the indent. Dates fixed
for the submission of indents must be strictly adhered to; otherwise the Press
will not be responsible for any delay which may occur. Printing cannot be
commenced until all indents are received.
(2)
Supplementary indents must be avoided as far as possible. Only in very special
circumstances will a supplementary indent be passed, and the reasons
necessitating such an indent must be stated in every case. These indents should
be submitted through the Deputy Inspector –General who, if he passes them, will
forward them to the Inspector –General of Police for station.
(3)
When forms, etc., are packed in gunny cloth or gunny bags, the indenting
officer concerned should arrange to retain such packing material, and, when a
sufficiently large quantity has been collected, should return it by goods train
to the Superintendent, Government Printing, Punjab. All invoices for forms,
etc., supplied should be returned, duly acknowledged, to the Superintendent,
Government Printing, Punjab, within a fortnight.
11-43. Universal Forms and Standard Official
Envelopes – (1) Consolidated annual indents
for universal forms and standard official envelopes are due with the Superintendent,
Government Printing, Punjab, on the 1st April of each year, Indents
are made on U.F. No. 35, and should be forwarded to reach the Deputy Inspector
– General of the range by the 1st March. Deputy Inspectors – General
are required to scrutinise all indents carefully, and to cut down demands which
appear to scrutinise all indents carefully, and to cut down demands which
appear excessive in view of stocks in hand and the normal requirements of the
office concerned. Notable variations in demands between offices of equivalent
status should be noticed and rectified. Scrutinising officers shall be guided,
further, by the provisions of the Printing and Stationery Manual.
(2)
Forms required for use in the offices of Deputy Inspectors – General of ranges,
should be included in the consolidated indents; the indents of the Deputy
Inspector – General, Criminal Investigation Department and Assistant Inspector
– General, Railway Police, should be prepared on U.F.35 and forwarded direct.
(3)
Printing of addresses and franks on envelopes is not allowed. For despatching
by post papers of an unimportant nature, wrappers (to be obtained from the
Superintendent, Government Printing), should be used if practicable. The number
required should be stated on U.F.35, and proportionate reduction made in the
number of envelopes ordered. Cloth-lined envelopes are intended to be used for
confidential or specially important papers only and the supply allowed shall be
kept as low as possible. To permit of envelops being used more than once, full
use shall be made of “National Economy Slips” U.F.51.
(4)
Rules regarding the supply of file boards, which are classed as Universal
Forms, are contained in Chapter 8 and Appendix N, Punjab Printing and
Stationery Manual.
11-44. Standard departmental forms – Consolidated annual
indents for standard English departmental forms, in Form 11-44m are due with
the Superintendent, Government Printing, on the 15th of September of
each year, and with Deputy Inspector General on 1st August. The
procedure in the offices of Deputy Inspector General, Assistant Inspectors
General and Superintendents of Police is the same as in the case of indents for
universal forms. Standard departmental forms are those authorized in the
present edition of Police Rules, or introduced from time to time by means of
correction slips to those rules. Indenting officers are not authorized to
require any alteration to be made in any standard form. Envelopes, other than
those indented for under rule 11-43 are not authorized.
11-45. Non-Standard
departmental forms – No non-standard form maybe indented for without the
sanction of the Inspector General of Police, obtained in the case of
Superintendents of Police, through the Deputy Inspector General. Such sanction
will only be given in exceptional circumstances and for definite reasons, which
must be explained.
Consolidated
indents for non-standard forms, in form No. C. –O.- No. B. 1, copies of which
are obtainable from the Superintendent, Government Printing, are due on the
same dates as those for standard forms. Samples of forms required must be
attached to the indent.
11-46. Account
forms – Indents
for treasury and accounts forms are due with the Superintendent, Government
Printing, Punjab, on the 1st October annually and with Deputy Inspector
General on the 1st September.
11-47. Standard
departmental Urdu forms – Consolidated indents for standard departmental Urdu
forms are due with the Superintendent, Government Printing, Punjab, on the 1st
of July annually and with Deputy Inspector General on the 1st June.
Indents
should be prepared by Superintendents of Police in Form 11-47. As regard
consolidation and scrutiny, the procedure prescribed in rule 11-42 shall be
followed.
As
regards non-standard Urdu forms, rule 11-44 applies, except that the date for
submission of indents to Deputy Inspector General is the 1st of
June.
11-48. Account
of expenditure of stationery and Forms – (1) The supply of English
stationery and forms shall, on receipts be examined by a gazetted officer. It
shall then be made over to one of the clerks of the English Office for safe
custody under lock and key. Such clerk shall keep an account of the expenditure
in the form supplied by the Superintendent, Government Printing, Punjab,
Lahore. Attention is invited to rules 10-26 to 10-32 Punjab Printing and
Stationery Manual regarding the procedure to be followed in case of defects or
shortages.
(2)
Country stationery and Urdu forms shall on receipt be examined by the
prosecuting inspector. They shall then be made over to, and accounted for by,
the Vernacular Record Keeper under the general control of the prosecuting
inspector. The form referred to in sub-rule (1) above is U. F. 96 and shall be
used for the record of stocks of both English
and Urdu stationery and forms.
(3)
Paper used in Urdu police offices shall be either jail-made paper or that
specially supplied for carbon copying. Supplies for police stations, including
supplies of carbon paper and indelible pencils, should ordinarily be sent out
in quantities sufficient for a full year, a half year’s stock being maintained
at headquarters. The consumption at police stations, however, inevitably varies
considerably with the fluctuations of crime and their stock of material for
carbon copying must on no account be allowed to become exhausted. Demands for
replenishment must be submitted in good time by police station clerks, and must
be promptly met.
11-49. Stock
register of printed forms, etc. – A stock register of printed forms, envelopes,
registers, etc., shall be maintained in the Central Police Office and all other
polices. The form for this register is standardized, and requirements shall be
included in indents submitted in accordance with rule 11-42.
11-50. Page
numbers to police station registers – All police station registers shall be paged in
English in the office of Superintendent before issue to police stations. The
number of pages in the register shall be noted on the inside of the cover under
the signature of the prosecuting inspector or a prosecuting sub-inspector.
PART
III
Gazettds, Publications and Contract
11-51. The
Police Gazette – The Gazetted is published in two parts in both English and Urdu,---
Part I – Departmental
Orders.
Part II – Notifications regarding additional police, police
station boundaries, plague, appointments, promotions, reductions, dismissals,
transfers, rewards (in cases of exceptional interest or importance only),
examinations, leave pension, etc.
11-52. The Criminal Intelligence Gazette – (1) The Criminal
Intelligence Gazette is published by the Criminal Investigation Department.
As much publicity as possible with in the department shall be given to its
contents, and information published in it regarding arrests and identifications
wanted, warning, etc., shall be feely disseminated to the public ; the gazette
as a whole, however, may not be shown to non-officials.
(2)
Information on the following matters may be published in the Criminal
Intelligence Gazette, and should be submitted in the forms noted:---
(a) Valuable property lost or stolen or
found and awaiting identification [Form 22-79 (I) (d)]. Notices shall be
sent only when the circumstances, nature of the case and the description
available of the property are such as to render publicity valuable.
(b) Proclaimed offenders and absconders [Form
23-22 (I)]. Notices shall be sent only when wide publicity is necessary as a
warning against the offender and as an aid to his arrest, and when full
particulars likely haunts, associates and description are available.
Note – When notices are
sent for publication regarding absconding suspects wanted by the police, by
against whom a warrant has not been issued, the officer submitting the notice
will be held personally responsible in any legal proceedings for defamation or
the like, which may arise form the publication.
(c) Arrests of proclaimed offenders and
absconders will be published in important cases only, or, when “wanted” notices
under clause (b) above have previously been published.
(d) Persons lost or missing [Form 22-79 (I)
(b)]. In important cases only and provided a complete description of the
person lost or missing is forthcoming.
(e) Unidentified persons found dead [Form
22-79 (I) (a)]. In important cases in which a complete description of
the dead body is forthcoming.
(f) Lists of bad characters entered in
Police Station Register No. X, who have left their homes and cannot be traced
[Form 23-4 (I)]. These will only be published in the circumstances indicated in
clause (b) above.
(g) Descriptive notes regarding offences of
a novel or professional type, including cases of coining, note-forging,
fraudulent conspiracy, professional poisoning and cheating, and memoranda
embodying the shifts and artifices of criminals, and special measures employed
in countering them.
(h) Reports regarding suspicious vagrants,
strangers, loafers, etc.
(i) Loss of passports, etc.
(j) Notices regarding loss and recovery of
arms according to the instructions contained in Criminal Investigation
Department Circular No, 4986, dated 14th December 1923.
(k) Material for publication in the Criminal
Tribes Supplement.
(3)
Except as prescribed above, no particular form is necessary for matter intended
or publication, but the general form of the notices published in the Criminal
Intelligence Gazette shall be followed. The matter should in all cases be
in narrative form. A gazetted officer shall personally draft, or carefully
revise the drafting of, and sign all matter intended for publication, so that
it may be sent to the press in the form in which it is received. All matter intended
for publication in the Criminal Intelligence Gazette should be
despatched, as soon as it is ready, in ordinary covers, addressed to the
Assistant Inspector General, Crime and Criminal Tribes. In urgent cases special
supplements will be issued within twenty-four house; notices in such case
should be marked “urgent – for special supplement”.
11-53. Notices
for insertion in the Police Gazette – Notices for insertion in Police
Gazette shall be despatched in envelopes marked “Gazette” on the upper left
hand corner, and may be sent direct to the office of the Inspector General,
except where a channel of submission is prescribed by rule. They shall be
written on one side of the paper only and headed “For publication in the Police
Gazette”. No covering letter is required, but drafts must be signed by a
gazetted officer; all drafts must be in the form commonly used in original as
manuscript for the press. Notices which are delivered in Lahore after Tuesday
afternoon, cannot ordinarily be inserted till the week next following.
11-54. Advertisements
in the Police and Criminal Intelligence Gazettes – The Police
Gazetted, both in English and in Urdu, may be used as a medium for
advertisements. Departmental advertisements of a public character shall be
inserted free of charge in the Police Gazette. Private advertisements
and notices of rewards offered and property or persons lost or found will be
published in the Criminal Intelligence Gazette, provided they shall have
been paid for in advance at the rate of one anna for every ten words for each
insertion, and the money credited to Government. Superintendents forwarding
such advertisements or notices shall state the sums paid under this rule.
11-55. Supply
and binding of Police and Criminal Intelligence Gazettes – (1) Copies of the Police
and Criminal Intelligence Gazettes in English and Urdu are supplies free
to all police officers whose official duties require them to maintain a file of
these publications. Heads of offices shall intimate any changes required in
this distribution to the Assistant Inspector-General of Police, Punjab, and the
Assistant Inspector-General of Crime and Criminal Tribes, in the case of the Police
and Criminal Intelligence Gazette respectively.
(2)
Officers may obtain additional copies of either edition of the Police and
Criminal Intelligence Gazette on payment in advance at the following
prices:---
Part I
of the Police Gazette, Rs.5-12-0 per annum or one anna and nine pies per
copy.
Part II
of the same gazette, Rs.11-6-0 per annum or three annas and six pies per copy.
The Criminal
Intelligence Gazette, Rs.15-0-0 per annum or four annas and nine pies per
copy.
Excise Supplement
to the Criminal Intelligence Gazette, Rs.5 per annum or one anna
and six pies per copy.
Such
payments shall be credited as directed in Appendix 10-31(1) and the treasury
receipt shall be attached to applications for supply of copies. The prices are
liable to alteration from time to time.
(3) On
receipt of the index, which is issued for each edition of the two gazettes as
soon after the 31st December as possible, all copies which are
issued free shall be bound in accordance with the directions in rule 11-57.
(4)
Neither the Police nor the Criminal Intelligence Gazette may be
sold to members of the public, and police officers are prohibited from allowing
non-officials to have access to their copies.
11-55-A. District Criminal Intelligence Gazette
–
Superintendents of Police are required to issue a District Criminal
Intelligence Gazette in Urdu for circulation among Police Stations, of
their districts and such adjoining districts as is considered necessary.
Ordinarily it will be a weekly publication. Such gazettes shall include:---
(a) a brief resume of the crime in the
district since last publication;
(b) particulars of cases of an interesting
nature, deductions from a study of modus operandi records as to
particular gangs or individuals at work and departmental notices and orders
provided this matter is not published in the Punjab Criminal Intelligence
Gazette;
(c) such other matter as Superintendents of
Police consider should be published.
11-56. Supply
of Police Rules and other subsidiary manuals – (1) Copies of English
editions of the Police Rules and authorized subsidiary manuals are supplied
once at Government expense to all gazetted officers, to Inspectors and
Sub-Inspectors who know English and to Sergeants. Copies of the Urdu edition of
the Police Rules are supplied once to Inspectors and Sub-Inspectors who do not
know English and to all Assistant Sub-Inspectors. In the event of any volume
being lost the holder will be required to refund the cost. Every officer is
responsible for keeping his copy of the rules up-to-date.
(2)
English and Urdu copies are also supplied once to all police stations, offices
and police lines, and to the Police Training School and Urdu copies to all
Police out-posts other than those in the charge of Assistant Sub-Inspectors,
according to the scale fixed by the Inspector-General of Police. Losses shall
be replaced either at Government expense or at the cost of individuals
according to the circumstances of each case.
(3)
Officers desirous of purchasing copies of Police Rules may obtain them form the
Superintendent, Government Printing, Lahore, the price shall be credited into
the local treasury, the treasury receipt being forwarded to the Superintendent,
Government Printing, Lahore.
(4)
Corrections to Police Rules will be published in the Police Gazette by
the Inspector-General of Police when necessary. No memorandum or instructions
issued by the Inspector-General of Police or any officer subordinate to him
shall have the effect of altering any Police Rule, unless it is definitely
stated to be a correction and, as such published with the authority of the
Provincial Government.
(5)
Concurrently with their publication in the Police Gazette copies of all corrections
to Police Rules will be sent in correction slip form to all holders of copies
of the rules. These corrections slips will be printed on one side of the paper
only and in the same type as and on paper of the same width and with the same
margin as the volume which they emend. They will be serially numbered in block
type in the left hand margin.
(6)
Minor verbal corrections, and other corrections where space permits, shall be
copied into the original volume by hand; in such cases the serial number of the
correction slip shall invariably be copied in the left hand margin also, after
which the correction slip itself may be destroyed.
(7) A
list of correction slips will be issued to all holders of Police Rules and
allied manuals, who will on receipt paste it into the spare binding edges
provided for the purpose at the end of each volume.
(8)
when one correction slip cancels another previously issued, the cancelled one
shall be removed and destroyed and the index shall be correspondingly
corrected.
11-57. Supply
of publications, book binding and printing – (1) Government publications,
including Acts of the Central and Provincial Legislatures, are supplied as
required to police officers under arrangements made by the Inspector-General of
Police in accordance with the provision of Punjab Printing and Stationery
Manual. Changes in the requirements of districts in this respect, due to
increases or reductions in the number of police stations, etc., shall be notified
to the Inspector-General of Police as they occur.
(2)
Requirements in respect of the binding of blank book of forms shall be
carefully stated in the indents for such forms (vide rule 8-3, Printing
and Stationery Manual). The periodical binding of returns and other records
required by Police Rules to be bound shall be done under the instructions
(general or special) of the Superintendent, Government Printing, -vide
rules 8-1 to 8-5, of the same publication. Records, which cannot be allowed to
leave the office, or cannot be spared for the time required by the Government
or a Jail Press to do the work, may be bound either by the office daftri
or by a local Press, subject to the conditions prescribed in the rules referred
to above. The cost of such local binding shall be met from the contingent
grant, - [vide Appendix 10-111(1)].
(3)
Except in the case of very urgent work, the cost of which is within the limits
prescribed in items 4-A and 4-B of rule 20-6 in Punjab Financial Handbook No.1,
police officers are prohibited from having printing work execute at private
presses. The procedure in all cases shall be as laid down in rule 2-20, Punjab
Printing and Stationery Manual.
(4)
Survey maps required by police officers in their official capacity shall be
obtained on indent to be submitted to the Inspector-General who will include
them in the consolidated indent to the Map Record and Issue Officer, Calcutta.
Indents should reach the Central Police Office by the 1st June
annually. The cost of maps so supplied will be charged to the contingent grant
of the Inspector-General. Revenue, Muncipal and District Board maps shall be
obtained from the Deputy Commissioner or the local authority publishing them
and paid for from the contingent grant of the office for which they are
purchased.
11-58. The
Library Register – Each Deputy Inspector-General and Superintendent shall maintain a
library register in Form 11-58 of books and publications other than newspapers
supplied to him at the public expense for official use. Every fresh receipt
shall be entered in the library register. The serial number of the register
entry, the name of the office and the date of receipt shall be endorsed on the
title page of the book and a label containing similar particulars shall be
affixed to the back of the cover. Gazettes and similar periodicals shall be
kept in file boards and brought on to the library register as soon as they
bound.
11-59. Custody
and issue of library books – All publications belonging to the library, which are
not in constant use by and kept, under due authority, on the tables of
particular officers, shall be kept in locked cupboards. The library clerk shall
keep the keys of these cupboards and be responsible for the completeness of the
library. The whereabouts of every book, whether permanently or temporarily off
the shelves, shall be noted in the library register and periodically checked.
11-60. Inspection
of the library by inspecting and relieving officers – Inspecting and relieving
officers shall ascertain that the library is complete and in good order. Such
books as have become obsolete may be destroyed under the authority of the
Superintendent of Police personally Bound volumes of the Police Gazette
may be destroyed after 15 years. The destruction of other books shall be left
to the discretion of Deputy Inspectors-General, when examining the library
registers at their inspections of districts.
11-61. Contracts
– (1)
No contract binding Government as one of the parties shall be entered into by a
Superintendent of Police on his own authority. Contracts for the supply of
clothing and stores may be executed by the Inspector-General of Police, and
contracts or other instruments connected with the lease, sale, hiring or
purchase of land or buildings may be executed by the Inspector-General of
Police, Deputy Commissioners or by the Public Works Department according to
circumstances and in accordance with the orders contained in Part IV of the Law
Department Manual, 1926.
(2) Any
existing contract or other instrument, which has not been executed as above
shall be reported for orders to the Inspector-General of Police.
11-62. Bonds – Bonds taken in the
Police Department to secure the due performance of duty shall be executed only
in one or other of the forms authorized by the Inspector-General of Police.
Specimens of these forms may be obtained on application to the Central Police
Office.
11-63. Supply
of copies of Police records – (1) No document or record belonging to, or in the
custody of the police, and no copy or extract from such document, shall be
furnished to any private individual or
to any Government servant for his private, use, save under the authority of an
express provision of the law, or by order of a Court acting within its legal powers,
or a general or special order issued by a competent authority in respect of any
class of classes of documents.
(2) By
a general order of the Inspector-General extracts, or copies from files of
departmental proceedings, may be granted to police officers or ex-police
officers for the purpose of preferring appeals.
(3)
Except in cases where copies are required by law, or other competent authority,
to be given free, fees shall be charged for all copies at the same rates as are
in force for the time being in the civil courts, and shall be paid as follows:---
(a) Half to the copyist.
(b) One-tenth to the examiner.
(c) The remaining amount shall be credited
into the treasury as Police Income under head “Fees, Fines and Forfeitures”.
11-64. Cancellation
of stamps – (1) Court fee stamps upon dutiable instruments presented to or issued
by police officers, shall be cancelled in the manner prescribed in Chapter 4-C,
Volume IV of the Rules and Orders of the High Court, 1931.
(2) The
first hole to be made on receipt of a document bearing a court fee stamp and on
the issue of a copy shall be made by a small circular punch; the second hole to
be made on receipt of a copy shall be made by a small triangular punch; and the
third hole, in the case of a copy shall be made, when the record is finally
filed, by the record-keeper with a small square punch.
11-65. Certain
copies requiring to be stamped – When copies of documents falling under Articles 6, 7
and 9 of Schedule I of Act VII of 1870 (The Court Fees Act), and Article 25,
Schedule I of Act II of 1899 (The Indian Stamp Act, are submitted with
petitions without being stamped, the petition should ordinarily be returned to
the sender or presenter with direction that orders cannot be passed unless it
is resubmitted with the copy duly stamped.
11-66. Literary
works by gazetted officers – Information regarding literary works of a public or
official character undertaken by gazetted officers shall be reported through
the Inspector-General to the Secretary to Government, Home Department, for
incorporation in the History of Services of gazetted officers.
PART IV
Urdu Office
11-67. Diary
of Urdu correspondence received – (1) A diary of Urdu correspondence in Form 11-67(1)
shall be maintained by the diarist in the office of every Superintendent. Every
Urdu petition, report or other communication, not being a periodical statement
or return or case diary, shall be entered in the diary for the year in which it
was written.
(2) A
clear abstract of each document received, shall be entered in the appropriate
column of the register. The manner of disposal by the diarist of each document
received shall be briefly noted in the column provided for the purpose. Final
disposal shall be noted by a reference to the despatch register in the last
column of the form.
(3) The
diary shall be bound in quarterly or half-yearly volumes, and shall be kept for
two years.
11-86. Despatch
book of Urdu correspondence – (1) A despatch book of Urdu correspondence in Form
11-86(1) shall be maintained by the despatcher in the office of every
Superintendent. It shall be bound in quarterly or half yearly volumes and kept
for two years.
(2) All
Urdu communications by the Superintendent and ordes, other than copies or
extracts from the order book or standing order book, shall be entered. When
papers previously received are to be despatched with orders endorsed on the
original, the entry in columns 2 and 5 of the form shall be sufficiently clear
to permit of the purport of both the original document and the order on it
being understood, and of its disposal being traced. In such cases cross
references shall be made in column 7 of both the receipt and despatch
registers.
11-69. Receipt
and despatch routine – (1) Al Urdu correspondence received shall, except as
provided in rule 11-23, be opened by the diarist, who shall distribute to the
branches of the office those papers which he is not required to enter in the
receipt register (vide rule 11-67(1)). Other receipts shall be similarly
distributed with the minimum of delay after being entered in the register.
(2) With
all correspondence despatched from one police office to another, including
offices subordinate to the district police office, a challan in Form
11-69(2) shall be sent, containing a detailed list under the main classes of
correspondence of all papers sent. The diarist or station clerk, as the case
may be, of the receiving office, shall sign and return these challans to
the office of issue, where they shall be kept in yearly bundles for two years.
(3) All
correspondence for despatch from the office of the Superintendent of Police
shall be made over to the despatcher. Orders and papers requiring copying shall
be dealt with by the copyist, under the supervision of the diarist or
despatcher. The despatcher shall make out challans, write up his
despatch register and send off correspondence with the minimum of delay.
(4) In
every district a standing order shall be framed, with the approval of the
Deputy Inspector-General of the range, to regulate the distribution of papers
between the different branches of the Urdu office, but a clerk of each branch
shall be responsible for receiving from, or handing over to, the diarist or
despatcher all papers which pass through those branches, and all such papers,
even if they are to pass from one branch of the office to another, shall be
entered in the despatch register.
Example
–
An order issued by the Superintendent to the prosecuting inspector shall be
taken by the assistant reader to the diarist for record and despatch.
11-70. Ordinary
correspondence – (1) General Urdu correspondence shall be kept as follows:---
(a) Monthly district files containing copies
of general parwanas issued and miscellaneous papers not connected with
particular police stations.
(b) Annual files by police stations of daily
diaries.
(c) Annual files by police stations of parwanas.
(d) Annual files by police stations of
miscellaneous papers.
These
files shall be destroyed after two years, but files of class (a) shall,
before destruction, be seen by the prosecuting inspector, who will bring to the
notice of the Superintendent of Police any order, which he considers should be
preserved for permanent record as a standing order.
(2) The
record-keeper shall maintain a register in Form 11-70(2) showing the receipt
and issues of all files, in and from the record room.
11-71. Method
of record of orderly head constable’s and Accountant’s papers – (1) All papers
relating to enrolments, promotion, transfers, leave and other matters
concerning the orderly head constable’s branch, regarding the record of which
there are not special orders, shall be filed in separate files under each head;
such files shall be either annual, half yearly or quarterly according to the
volume of the work in different districts and, on completion, shall be kept in
orderly head constable’s branch for five years and then destroyed. Each file
shall have an index, showing the detail of its contents, attached to it.
(2)
Papers other than those shown in Appendix 11-36 shall be maintained in the
accounts branch in monthly bundles and destroyed after the period noted against
each:---
|
|
|
Years
|
|
(a)
|
Advice Note (Rule 10-42) … … … …
|
1
|
|
(b)
|
Application for recouping
permanent advance …
|
3
|
|
(c)
|
Papers regarding promotions,
reductions and transfers
|
1
|
|
(d)
|
Miscellaneous papers … … … … …
|
1
|
Appendix no. 11-4-A
D. O. No.
890-G-37/5814 (H – Gaz)
Dated Lahore, the
19th Februay, 1937.
Subject:- Relief
to be given to Deputy Commissioners and other Administrative and Executive
Officers in clerical work.
My
Dear Sir,
I am
desired to inform you that at the instance of His Excellency the Viceroy, an
exhaustive inquiry was recently held into the touring of district officers. The
latter were asked to bring to the notice of Government any matters which tended
to interfere with their touring. The inquiry has elicited an almost general
complain:---
(i) that unnecessary references are often
made to district officers by the Secretariat or by Heads of Departments asking
for information or reports, and
(ii) that where necessary references are
made, inadequate time is sometimes given to reply them.
2. Proposals which are circulated from the
Secretariat for opinion consist of Legislative measures and other references.
With regard to the former, there are Standing Orders (paragraph 517 of the
Secretariat Instructions) that it is undesirable to add to the pre-occupation
of district officers by asking for opinions on questions of which they have
little knowledge, or which do not seriously affect their districts, and the
attention of all officers in the Secretariat has recently been drawn to these
instructions with a view to ensuring that superfluous calls are not made on the
time of Deputy Commissioners to divert them from their more important duties.
3. With regard to other reference, the
Governor in Council acting with Ministers has been pleased to lay down the
following principles for observance in the Secretariat:---
(i) No call for information should be made,
unless it is necessary for the disposal of a case, and is not available in the
Secretariat or office of the Head of Department concerned.
(ii) While Commissioners and Deputy
Commissioners should be freely consulted about questions of policy or
particular cases affecting their charges, care should be taken to see that
references are not made, unless it is clearly desirable to have the views of
the Commissioner or Deputy Commissioner and, in particular, the pernicious
practice should be checked of making references with the object of temporarily
getting rid of a case.
(iii) Where a reference is necessary,
reasonable time should be given for a reply. What is reasonable will depend on
the nature of the case. Sometimes it is necessary to have an immediate reply;
at others an early reply is necessary. Often a period of two or three months
may safely be given. Unless the case is immediate or very urgent, referring
authorities should give adequate time for the material necessary for a reply to
be collected.
(iv) Complaints or applications are often made
direct to Government, which relate to matters of a purely local character. Sometimes
they are sufficiently important or serious to merit a report to Government by
the local authorities. More often they can be left to the latter for disposal.
Where this is the case, there are two ways of dealing with them in the
Secretariat; the first is to return the complaint or application to the sender
for presentation to the proper authority, and the second is to send it in
original through the proper channel to the competent authority for disposal.
Where the first method is appropriate, it is to be preferred to the second,
since it helps to check a tendency which is on the increase. In any case, the
primary principle should be observed not to call for reports from local
officers on applications and complaints of this kind, unless it is clearly desirable
for Government to take up the matter. The practice of sending references from
the Secretariat marked “for disposal or report” shoulc cease. The endorsement
should make it clear whether the reference is for disposal or for report.
4. The above principles apply equally to
Council questions. The great majority of these can be disposed of without
reference to local officers. Sometimes when a question consists of several
parts, a reference to local officers is necessary only in regard to one or two
of these parts. Where a reference is made, it should be stated in regard to
which parts information is required. Further, where a question asks for
information which will require considerable time and labour for its collection,
local officers should not be asked to supply this information, unless the
Secretary concerned is satisfied that the information may reasonably be given
in spite of the time and labour involved. Where he does not think that this is
the case, he should obtain the orders of the Member or Minister concerned
before starting inquiries which may later prove unnecessary. When it is decided
not to collect information required to answer a Council question, the proper
answer is – “It is not in the public interest to collect this information”.
5. In order to secure that the above
orders are observed, the following procedure is prescribed:---
(i) Except in purely routine matters, no
reference to Commissioners or Deputy Commissioners should be made without the
approval of a gazetted officer, Important references should receive the
approval of the Secretary or the Head of the Department concerned, unless thay
are of an immediate nature and the approval of the Secretary or Head of the
Department cannot be obtained without delay.
(ii) Commissioners of Division should bring
to the notice of the Chief Secretary by demi-official letter cases in which
unnecessary references are made or inadequate time is given for the disposal of
necessary references. The Chief Secretary will submit the reference of the
Commissioner to the Member or Minister concerned, who will no doubt wish to
satisfy himself that the orders of Government have been observed.
6. The above orders relate primarily to
references of Commissioners and Deputy Commissioners. They will also apply mutates
mutandis to references by the Secretariat and Heads of Departments to other
administrative and executive officers, e.g., in the Irrigation Branch of the
Public Works Department hey will apply to references by the Secretariat to
Superintending a Executive Engineers; in the Agriculture Department they will
apply to references by the office of he Director of Agriculture to Deputy
Directors of Agriculture and a Extra Assistant Directors of Agriculture, and so
on.
7. IN order that the foregoing
instructions are not lost sight of they should be embodied in departmental
Manuals.
Your Sincerely,
F. H. PUCKLE,
Chief
Secretary to Government, Punjab
To –
(i) All Heads of Departments in Punjab
(ii) The Registrar, High Court of
Judicature at Lahore.
(iii)
All Commissioners of Divisions,
Deputy Commissioners and District and Sessions Judges in the Punjab.
Appendix no. 11-6
Rubber stamps and punches to be kept in Police
Offices. The following rubber stamps and similar appliances, obtainable on
payment from the Stationery office, Calcutta, under the regulations contained
in Chapter 12, Punjab Printing and Stationery Manual, should be kept in
district police offices:---
(a)
English Office
(1) Office
rubber stamp – to stamp English communications received.
(2)
“Confidential” stamp.
(3)
Stamp bearing designation of
head of office.
(b)
Account Branch.
To stamp receipts and
vouchers:---
(1)
Revolving date stamp.
(2)
“Cancelled” stamp.
(3)
Additional Police Stamp.
(4)
Lock-up allowances stamp
(5)
Police deposit stamp.
To stamp bills and voucher:---
(6)
26 – Police, D. E. F. (Provincial) reserved –
(a)
Travelling allowance
(non-voted).
(b)
Travelling allowance (Voted).
(c)
Other allowance and honoraria.
(d)
“C” class contingencies.
(e)
Supplies and Services.
(f)
Contact contingencies.
(g)
Debitable to General Police
Fund.
(h)
Constabulary – Leave salary.
(i)
Constabulary – Pay.
(j)
Cancelled.
For cancelling court-fee
stamps and punching stamps affixed to vouchers and acquittance rolls:---
(1)
A small circular punch.
(2)
A small triangular punch.
(3)
A small square punch.
Appendix no. 11-26-(1)
Detailed rules regarding classification of
correspondence under
subject – heads.
1. If experience show that under any
particular main subject head there are too many files, such subject may, under
the authority of Superintendent of Police, be divided into as many further
subject-heads as may be considered convenient; and similarly if there are too
few files under any subject-head, two or more chapters may be combined together
under one head. For example, Chapter 10 might be divided into 10-A –
Contingencies and 10-B – Other Account, whilst Chapters 25-27 might be combined
under one subject-head as No, 25 –Crime.
2. When a file can be appropriately
entered in the file register under more than one head it may be entered under
such other heads without being given a serial number and a cross reference may
be given in column 4 and 5 to the subject-head under which it has been given a
file number.
3. Letters should be registered under the
most definite head appropriate to them; for instance a return or correspondence
connected with the clothing fund should be registered under “Clothing” (number
4) and not under “Accounts” (number 10). The index to Police Rules will show
the chapter heading and, consequently the main file number, to which any
subsidiary subject belongs.
Appendix no. 11-27
INSTRUCTIONS REGARDING OFFICE PROCEDURE.
1. Urgent receipts shall be submitted to
the gazetted officer concerned on the date of their receipt in the office.
2. The head clerk or assistant clerk
dealing with the file is responsible that it is sent up complete with all the
necessary papers paged, and prepared throughout in accordance with orders.
3. The head clerk is empowered to send to
the copyist for issue ordinary reminders and simple drafts in cases in which
the orders have been clearly given, and as to the nature and mode of the
conveyance of which there can be no doubt. All other drafts should be signed by
such office, whenever possible.
4. Files shall not be left lying about
uncared for. When done with for the time being, they shall be kept on side tables
or on shelves. Torn or frayed papers shall be repaired at once; the
record-keeper is responsible for having such repairs carried out.
5. Alphabetical indicating slips should be
pinned on papers referred to in notes or correspondence. The page should also
be cited in the noting. Such slips should be removed as soon as the need for
them has passed.
6. Whenever fresh papers are added, the
officer or clerk adding them should page them.
7. Whenever it is necessary to remove any
pages from a file, a slip should be inserted showing when; and whey they were
removed, and where they are to be found.
8. The clerks responsible for the
compilation of returns shall see that they are received punctually and bring
delay to the notice of the head clerk. On receipt of the first retune,
referring to a particular subject, the clerk concerned shall insert in the file
cover a record slip, in which are noted all the police stations and, at the
top, note the subject and refer to the order prescribing the returns and the
date on which they are due. As the retunes are received, the date of receipt
shall be entered opposite each police stations, and the retunes, after
necessary check, shall then be posted into the general statement.
9. All office copies of communications,
including demi-official letters, which may have to be filed with any case,
shall ordinarily be written on paper the size of foolscap folio or half
foolscap folio size. The first impression of typescript should be sent tot eh
address.
10. When an acknowledgment is required to a
communications, the letter shall either be sent registered and “acknowledgement
due,” or a printed or typed acknowledgment slip shall be sent with the letter.
On the return of such acknowledgment slip, it shall be attached to the office
copy of the letter which if refers without being numbered or entered in the
register.
11. Any law books or books of reference that
may be required by the officer to whom a case is submitted shall accompany the
file, unless copies are known to be immediately available to him.
12. Continuation blank sheets for notes shall
be added to cases in which further notes or orders are expected from the
officer to whom the case is submitted. When a case is sent out of the office,
superfluous papers and spare copies shall be removed, and only those papers
sent that are necessary for the disposal of the reference.
13. (1) A note may be either –
(a)
The briefest remarks or
suggestion for the disposal of a case, as “For information” “copy to Accountant
General” No orders” and the like ; or.
(b)
A comment on the paper under
consideration, or on the previous papers in the file without any summary ;or
(c)
A brief summary of the facts
leading up to the points for orders.
A précis is
a full abstract of the papers in the case.
(2) The following definite rules shall be
observed, in the matter of notes and précis:---
(a)
The object of an office note
is to assist the officer, who is required to pass orders, by referring him to
rules, precedents, and previous correspondence bearing on the question for decision;
by pointing out mistakes, mis-apprehensions and miscalculations in the papers
under consideration and by supplying information or calculations which will
facilitate disposal. A recapitulation of the case as stated in the
correspondence itself is not required. Criticisms and suggestions arising
merely form the personal opinion of the noting clerk himself are prohibited,
but an opinion base don precedents and other formal authorities may and should
be expressed.
(b)
A full note is only required
when the case cannot be decided without consideration of considerable
correspondence and references. Such a note should summarise only such portions
of the previous correspondence as may be necessary to elucidate clearly the
point or points for orders.
(c)
A précis or full
abstract of case should not ordinarily be put up by the office unless called
for by the gazetted officer in charge.
(d)
All orders, that are to be
communicated to other officers, should be couched in language that can be
easily converted into a draft.
(e)
In long notes, each paragraph
should be given a serial number.
When a
reference is made to previous notes or papers the page of the file where they
are to be found should be quoted and, when necessary, indicating slips should
be added.
(3) In
cases where the reveres side of the receipt letter is blank and the papers is
tout, the note may be written thereon and continued (if necessary) on a note
form. When noting is unnecessary, brief suggestions may be written on the face
of a letter.
14. The head clerk is responsible to the head
of the office for the efficient working of the whole office. His duties are:---
(a)
to exercise disciplinary
control and general supervision;
(b)
to see to the regular
attendance of the clerks. Personal matters relating to the clerks such as promotions,
leave, etc., are submitted through the head clerk;
(c)
to arrange for the work of
absentees and for the proper training of junior clerks;
(d)
to go round the office at
least once a day to see that no arrear cases are being neglected, that the
tables are tidy, that the clerks lying about uncared for;
(e)
to receive or open the mail,
stamp the letters with the date of receipt and send them to the record-keepers,
urgent letters being first marked with a blue or red slip, according to their
urgency.
15. (1) the copyist shall initial and date
every draft he copies. He is responsible that all enclosures are fully copied
and that they are attached to the covering letter or, if numerous and bulky,
that they are separately labelled and marked with the number and date of the
letter to which they belong and the designation of the officer to whom the
letter is address.
(2) Letters should be copied in order of
their receipt unless marked “urgent” when they should be taken in hand at once.
(4)
If an urgent or ordinary letter remains
undisposed of by the copyist at the expiration of the first or third day
respectively, after its receipt by him, he shall bring the fact to the notice
of the head clerk, in order that the issue of the letter may be expedited.
(5)
After letter have been copied, the copyist
shall read out the drafts to the head clerk or other clerk deputed for the
purpose. The latter shall initial an date the fair letters in token of their
accuracy and send them up for signature.
(5) After being singed, the letters together
with their respective files, shall be made over to the despatcher who shall
number and date them, place them in envelopes and send them off. The
despatcher, having attached the draft to the file (if there is one), shall page
it and, unless further action is required, retune the file to the
record-keeper.
(6) All letters shall be despatched from the
office on the date they are signed.
(7) Whenever it is necessary to send any
enclosures independently of the covering letter, the letter shall indicate the
manner in which the enclosures are sent. Enclosures shall be despatched the
same day as the covering letter. Books and papers, when sent by book or parcel
post, shall be securely packed and, if the season requires it, waterproof cloth
will be used for covers. Confidential communications shall be enclosed in
double covers addressed as prescribed in rule 11-10. Care must be taken to
verify the title or designation of the officers addressed.
(8) Post
Office receipt for letters and parcels shall be kept by the despatcher in
monthly bundles, which be destroyed after six months.
Appendix no. 11-36
LIST OF REGISTERS, ETC., PRESCRIBED UNDER THE POLICE RULES, TO BE
MAINTAINED IN THE OFFICES OF SUPERINTENDENTS OF POLICE.
|
1
|
2
|
3
|
4
|
5
|
6
|
|
Serial
No.
|
Rule.
|
Books and
Registers, etc.
|
In charge of
|
Supervising officer.
|
Period after
which destroyed.
|
|
|
|
ENGLISH OFFICE.
|
|
|
|
|
1.
|
3 ˙3 (2)
|
List of places of
worship on Police premises.
|
Head Clerk …
|
Superintendent of
Police …
|
Permanent
|
|
2.
|
3 ˙20
|
Register of
applications for family quarters or house rent in lieu thereof.
|
Ditto …
|
Ditto …
|
When a new one is made.
|
|
3.
|
3 ˙28
|
Register of lands
in possession of the Police.
|
Ditto …
|
Ditto …
|
Permanent.
|
|
4.
|
4˙34(ii)
|
Register showing
an account of material and cost of making up clothing.
|
Ditto …
|
Ditto …
|
5 years.
|
|
5.
|
4˙34(ii)
|
Clothing stock
account of new articles of clothing and materials.
|
Ditto …
|
Ditto …
|
10 years.
|
|
6.
|
5˙16 (i)
|
District
miscellaneous stores registers.
|
Ditto …
|
Ditto …
|
Revised form time to time.
|
|
7.
|
5˙17
|
Distribution
Register of miscellaneous stores.
|
Ditto …
|
Ditto …
|
7 years
|
|
8.
|
6˙2
|
File of copes of
Standing Orders by Inspector General authorising deviations from equipment
tables.
|
Ditto …
|
Ditto …
|
Permanent.
|
|
9.
|
6˙3
|
Printed statement
showing total armament of district and its distribution.
|
Ditto …
|
Ditto …
|
10 years.
|
|
10.
|
7˙32(i)
|
Register of
horses and camels on the chanda
|
Ditto …
|
Ditto …
|
Revise yearly
|
|
11.
|
7˙32(2)
|
Register of
enrolled officers who are required to maintained horses.
|
Ditto …
|
Ditto …
|
Permanent
|
|
12.
|
8˙13
|
Leave account in
Form A. T. 200 under Fundamental Rule 76.
|
Ditto …
|
Ditto …
|
…
|
|
13.
|
9˙17(1)
A and B.
|
Age register of
upper and lower subordinates.
|
Ditto …
|
Ditto …
|
Permanent
|
|
14.
|
10˙14(6)
|
Receipt Books
|
Ditto …
|
Ditto …
|
…
|
|
15.
|
10˙50(b)
|
Police Land
Improvement Fund Cash Book.
|
Ditto …
|
Ditto …
|
Permanent
|
|
16.
|
10˙57 (2)
|
Police Deposit
Account Pass Book. (Form 65, Civil Account Code.)
|
Superintendent
|
Ditto …
|
Permanent
|
|
17.
|
10˙76(5)
|
Registers of
house rent allowances.
|
Head Clerk …
|
Ditto …
|
7 Years.
|
|
18.
|
11˙22
|
Telephone Message
Books.
|
Telephone Clerk
|
Head Clerk
|
2 Years
|
|
19.
|
11˙24(1)
|
Diary of receipts
and despatches.
|
District and
Despatcher.
|
Ditto …
|
10 Years
|
|
20.
|
11˙28(1)
|
Register of
annual files.
|
Record Keeper
|
Ditto …
|
Permanent
|
|
21.
|
11˙32
|
Annual Station
Delivery Register.
|
Ditto …
|
Ditto …
|
10 years.
|
|
22.
|
11˙34
|
Stock Book of
Office Furniture.
|
Head Clerk …
|
Superintendent of
Police.
|
Permanent
|
|
23.
|
11˙35(1)
|
Inventory of
Store Register.
|
Ditto …
|
Ditto …
|
Permanent
|
|
24.
|
11˙48(1)
|
Account of
English Stationery and Forms.
|
Stationery Clerk
|
Head Clerk
|
3 years
|
|
25.
|
11˙49
|
Stock Register of
Printed Forms etc.
|
Assistant Clerk
|
Ditto …
|
Permanent
|
|
26.
|
11˙55
|
Files of Criminal
Intelligence Gazettes
|
Ditto …
|
Ditto …
|
Permanent
|
|
26-A.
|
11˙55
|
Flies of Police
Gazette
|
Ditto …
|
Ditto …
|
15 years
|
|
27.
|
11˙58
|
Library Register
|
Ditto …
|
Ditto …
|
Permanent
|
|
28.
|
12˙28(1)
|
Character rolls
|
Head Clerk
|
Ditto …
|
Ditto …
|
|
29.
|
12˙28(2)
|
Service Books
|
Superintendent
|
Ditto …
|
Ditto …
|
|
30.
|
13˙6
|
Promotion List A
|
Ditto …
|
Ditto …
|
Ditto …
|
|
31.
|
13˙7
|
Promotion List B
|
Ditto …
|
Ditto …
|
Ditto …
|
|
32.
|
13˙8(1)
|
Promotion List C
|
Ditto …
|
Ditto …
|
Ditto …
|
|
33.
|
13˙9(1)
|
Promotion List D
|
Ditto …
|
Ditto …
|
Ditto …
|
|
34.
|
15˙11
|
Confidential
Register of contingent expenditure incurred form head “Rewards.”
|
Ditto …
|
Ditto …
|
Ditto …
|
|
35.
|
16˙16 (1)
|
Punishment
Register
|
Head Clerk
|
Ditto …
|
Ditto …
|
|
36.
|
20˙14
|
Registers E, F,
G, H and I under the Arms Act.
|
Ditto …
|
Ditto …
|
Ditto …
|
|
37.
|
20˙18
|
Minute Book of
meetings of Gazetted officers.
|
Superintendent
|
Ditto …
|
Ditto …
|
|
38.
|
21˙8
|
Confidential Note
Book
|
Ditto …
|
Ditto …
|
Ditto …
|
|
39.
|
22˙68 (b)
|
List of licenses
under the Excise Laws.
|
Head Clerk
|
Superintendent of
Police
|
Revised ye˙arly.
|
|
40.
|
22˙68 (c)
|
List of licenses
under the Indian Explosives Act.
|
Ditto …
|
Ditto …
|
Ditto …
|
|
41.
|
22˙68 (d)
|
List of licenses
under the Petroleum Act.
|
Ditto …
|
Ditto …
|
Ditto …
|
|
42.
|
22˙68 (e)
|
List Of licenses
under the Poisons Act.
|
Ditto …
|
Ditto …
|
Ditto …
|
|
43.
|
22˙68 (f)
|
Lit of Serais
registered under the Serais Act. (No. XII of 1867)
|
Ditto …
|
Ditto …
|
Ditto …
|
|
44.
|
24˙8 (1)
|
Register of
conizable offences.
|
Return – Writr
|
Ditto …
|
10 years.
|
|
45.
|
24˙18
|
File of special
reports
|
Head Clerk
|
Ditto …
|
Ditto …
|
|
46.
|
26˙16 (2)
|
Register of
Deserters
|
Ditto …
|
Ditto …
|
Ditto …
|
|
|
|
ACCOUNTS BRANCH
|
|
|
|
|
47.
|
10˙5
|
Register in B. M.
Form No.29
|
Accountant
|
Head Clerk
|
6 years
|
|
48.
|
10˙14 (6)
|
Receipt Book
|
Ditto …
|
Ditto …
|
Ditto …
|
|
49.
|
10˙17
|
File of Road
Certificates….
|
Ditto …
|
Ditto …
|
When last certificate is 3
years’ old.
|
|
50.
|
10˙19 (2)
|
File book of
treasury receipts.
|
Ditto …
|
Ditto …
|
6 years.
|
|
51.
|
10˙20 (1)
|
Chanda Fund
Subscription Register.
|
Ditto …
|
Ditto …
|
Ditto …
|
|
52.
|
10˙27 (1) (a)
|
General Police
Fund Cash Book
|
Ditto …
|
Ditto …
|
Permanent
|
|
53.
|
10˙27 (2)
|
General Police
Fund Ledger
|
Ditto …
|
Ditto …
|
Ditto …
|
|
54.
|
10˙35 (1)
|
File books of
vouchers
|
Ditto …
|
Ditto …
|
3 years. The sub-vouchers
should not be destroyed even after the expiry of this period until
departmental audit for the relevant period has been conducted and any
objections relating to the voucher have been settled.
|
|
55.
|
10˙39 (6)
|
Check memorandum
book
|
Ditto …
|
Ditto …
|
Ditto …
|
|
56.
|
10˙42 (1)1048
(1˙)(a)
|
Cash Distribution
Register.
|
Ditto …
|
Ditto …
|
Permanent
|
|
57.
|
10˙48 (1)
|
General Cash
Book…
|
Ditto …
|
Ditto …
|
Ditto …
|
|
58.
|
10˙88 (1)
|
Gradation List of
Constables.
|
Ditto …
|
Ditto …
|
Ditto …
|
|
59.
|
10˙89 (c)
|
Register of
absentees….
|
Ditto …
|
Ditto …
|
6 years
|
|
60.
|
10˙93
|
Check Register of
postings of lower subordinates.
|
Ditto …
|
Ditto …
|
Ditto …
|
|
61.
|
10˙108
|
Register of
permanent advance.
|
Ditto …
|
Ditto …
|
Ditto …
|
|
62.
|
10˙110
|
Register of
contingent charges
|
Ditto …
|
Ditto …
|
Ditto …
|
|
63.
|
10˙160 (5)
|
Register of
travelling allowance bills of enrolled officers
|
Bill Clerk
|
Accountant
|
3 years
|
|
64.
|
11˙33
|
Stamp Account
Register.
|
Accountant
|
Head Clerk
|
When finished a new one be
started.
|
|
|
|
UNDER OFFICE
|
|
|
|
|
65.
|
4˙06 (2)
|
Check list of
issues or replacement of clothing and equipment
|
Orderly Head
Constable
|
Reserve Inspector
|
Permanent.
|
|
66.
|
8˙14 (a)
|
Applications for
leave…
|
Ditto …
|
Ditto …
|
When finished a new one be
started.
|
|
67.
|
8˙14(b)
8˙14©
|
Leave register with
Index
|
Ditto …
|
Ditto …
|
When finished a new one be
started.
|
|
68.
|
11˙48(2)
|
Stock Register to
Urdu Stationery and Forms.
|
Record Keeper
|
Prosecuting
Inspector
|
3 years
|
|
69.
|
11˙67 (1)
|
Diary of Urdu
correspondence
|
Diarist
|
Ditto …
|
2 years
|
|
70.
|
11˙68
|
Despatch Book of
Urdu correspondence.
|
Despatcher
|
Ditto …
|
Ditto …
|
|
71.
|
11˙70 (2)
|
Register showing
receipts and issues of files.
|
Record Keeper
|
Head of
Prosecuting Agency.3 years
|
Permanent
|
|
72.
|
12˙13
|
Recruit
Register..
|
Orderly Head
Constable.
|
Superintendent*Permanent
of Police.
|
3 years
|
|
73.
|
13˙39
|
Urdu Personal
Files.
|
Ditto …
|
Ditto …
|
*Permanent
|
|
74.
|
12˙40
|
List of vacancies
|
Ditto …
|
Ditto …
|
When a new one is made.
|
|
75.
|
12˙41 (1)
|
Long Roll
|
Ditto …
|
Ditto …
|
Permanent
|
|
76.
|
12˙16 (1)
|
Register of
postings
|
Ditto …
|
Ditto …
|
When a new one is made
|
|
77.
|
14˙55
|
Urdu Order Book
|
Reader …
|
Ditto …
|
Permanent
|
|
78.
|
145˙66
|
File of Standing
Orders.
|
Ditto …
|
Ditto …
|
Revised form time to time
|
|
79.
|
23˙20
|
District Register
of absconders
|
Ditto …
|
Head of
Prosecuting Agency.
|
Permanent
|
|
80.
|
23˙22
|
Register showing
progress of action against absconders and proclaimed offenders.
|
Record Keeper.
|
Ditto …
|
6 years
|
|
80-A
|
23˙22
|
Register of
proclaimed offenders
|
Ditto …
|
Ditto …
|
Ditto …
|
|
81.
|
23˙28
|
Register of
Criminal Tribes.
|
Clerk in charge
of Criminal Tribes work.
|
Head Clerk
|
Permanent
|
|
82.
|
27˙32 (1)
|
Receipt and
despatch register of charge sheets.
|
|
Head of
Prosecuting Agency
|
10 years
|
|
83.
|
27˙36
|
General Crime
Register
|
Head of Prosecuting Agency
|
Head of Prosecuting Agency
|
Ditto …
|
Appendix no. 11-39 (1) (a).
LIST OF PERIODICAL REPORTS AND RETURENS, ETC., TO BE SUBMITTED UNDER THE
POLICE RULES
BY SUPERINTENDENTS.
|
Serial #
|
Rule.
|
Nature of return
|
Date of
submission
|
To whom to be submitted
|
Period after
which retune may be destroyed
|
Remarks
|
|
|
|
ENGLISH RETURNE
|
|
|
Years
|
|
|
|
|
Weekly.
|
|
|
|
|
|
1)
|
21˙9(I)..
|
Superintendent’s dairy No. 1
|
Saturday evening
|
Through
District Magistrate to the Deputy Inspector General
|
2
|
To
be sent to Commissioner or Inspector General if considered necessary
|
|
2)
|
21˙9(3)..
|
Assistant
or Deputy Superintendent and Probationary Assistant’s dairy.
|
Ditto
|
Trough
Superintendent to Deputy Inspector General
|
2
|
|
|
3)
|
21˙12(I)..
|
Confidential
dairy No. Ii
|
Ditto
|
1st
copy. – Retain for record.
2nd
copy. –Deputy Inspector General of range.
3rd
copy. – Assistant to Deputy Inspector General of Police, Criminal
Investigation Department.
4th
copy. – Ditto ditto.
5th
copy. –Deputy Inspector General of range, through (i) District
Magistrate and (ii)Commissioner.
|
3
or more.
|
|
|
4)
|
22˙66(2)..
|
Vital
statistics
|
Monday evening
|
District
Health Officer …
|
|
Urdu
Return.
|
|
|
|
MONTHLY
|
|
|
|
|
|
5)
|
21˙15(1)..
|
Monthly
statement of crime
|
With first weekly
diary of each month.
|
Through
District Magistrate to the Deputy Inspector General.
|
3
|
A
copy of Superintendent’s review with extract from statement to reach Deputy
Inspector General on the 5th of each month.
|
|
6)
|
10˙83..
|
Salary
bills, gazetted officer
|
1st
working day in each month.
|
Treasury
Officer …
|
10
|
|
|
7)
|
10˙95(I)..
|
Salary
bills, upper subordinates.
|
Ditto
|
Ditto
|
10
|
|
|
8)
|
10˙96(I)(B)&(C)..
|
Salary
bills, lower subordinates.
|
Ditto
|
Ditto
|
10
|
|
|
9)
|
10˙159(a)..
|
Travelling
allowance bill, gazetted officers.
|
Whenever
necessary.
|
Deputy Inspector
General …
|
5
|
|
|
10)
|
10˙159(b)..
|
Travelling
allowances, bill, enrolled officers.
|
Ditto
|
Treasury
Officer …
|
3
|
|
|
11)
|
10˙28..
|
Retune
of income …
|
1st
working day in each month.
|
Inspector
General …
|
1
|
|
|
12)
|
10˙5..
|
Account
of expenditure in B. M. Forms Nos. 29, 28 and 31.
|
3rd
working day in each month.
|
Ditto
|
-
|
|
|
13)
|
10˙5..
|
Monthly
statement of expenditure
|
Ditto
|
Inspector
General and Deputy Inspector General.
|
1
|
|
|
14)
|
10˙20(I)..
|
Chalan for remitting
chanda money into treasury.
|
5th
working day in each month.
|
Inspector
General
|
5
|
|
|
15)
|
10˙27(3)..
|
Return
of receipts and expenditure of additional polic4e.
|
Ditto
|
Inspector
General and Accountant General
|
-
|
Prepared
in triplicate – 1 copy for Inspector General and 2 for Accountant General.
|
|
16)
|
10˙95(3)..
|
Absentee
statement of Inspectors and Sergeants.
|
Ditto
|
Inspector
General
|
-
|
|
|
17)
|
10˙95(3)..
|
Absentee
statement of sub-inspectors and assistant sub-inspectors.
|
Ditto
|
Deputy
Inspector General
|
1
|
|
|
18)
|
10˙112..
|
Contingent
bills,
|
Ditto
|
Treasury
Officers.
|
5
|
|
|
19)
|
15˙24..
|
Return
of rewards
|
Ditto
|
Deputy
Inspector General
|
2
|
|
|
20)
|
16˙15(I)..
|
Return
of punishments
|
Ditto
|
Ditto ditto.
|
2
|
|
|
21)
|
10˙117(2)(a)..
|
Statement
showing the number, date and amount of railway warrants.
|
Roth working day in each
month.
|
Accountant
General
|
-
|
|
|
|
|
QUARTELY.
|
|
|
|
|
|
22)
|
20˙5(4)..
|
Report
of inspection duty performed by gazetted officers.
|
5th working day
in January, April, July and October.
|
Trough
District Magistrate to Deputy Inspector General
|
2
|
|
|
|
|
HALF – YEARLY
|
|
|
|
|
|
23)
|
15˙21..
|
Recommendations
for Orders and Indian titles.
|
1st July and 1st
December.
|
Through
Deputy Inspector General to Inspector General Police.
|
|
Confidential
|
|
24)
|
13˙9(3)..
13˙10(I)..
|
Report
on the working of head constables on list D and Assistant Sub-Inspectors on
List E.
|
15th March and 15th
September in the case of head constables and 15th October in the
case of Assistant Sub-Inspectors.
|
Deputy
Inspector General
|
-
|
|
|
25)
|
19˙27..
|
Report
on probationary Sergeants and Inspectors who fail to pass their examination
the Training School.
|
When necessary
|
Inspector
General
|
-
|
|
|
|
|
ANNUAL
|
|
|
|
|
|
26)
|
23˙212..
|
Statement
showing the result of action taken against proclaimed offenders.
|
1st working day
of January
|
Deputy
Inspector General, Criminal Investigation Department.
|
1
|
1
copy in English and 1 in Urdu.
|
|
27)
|
6˙25..
|
Indents
for arms, ammunition and ordnance stores.
|
1st week of January
|
Through
Deputy Inspector General to the Chief Ordnance Officers.
|
2
|
|
|
28)
|
21˙16(I)..
|
Annual
administration report.
|
15th January
|
Through
District Magistrate to Deputy Inspector General and Inspector General.
|
Permanent.
|
|
|
29)
|
14˙23(I)..
|
Certificates
of gazetted police officers regarding additions to immovable property.
|
Ditto
|
Assistant
Inspector General of Police, Punjab.
|
Do
|
|
|
30)
|
21˙16(3)..
|
Retunes
appended to the annual police administration report.
|
Ditto
|
Inspector
General
|
Do
|
|
|
31)
|
19˙35(I)..
|
Return
showing result to target practice.,
|
Ditto
|
Deputy
Inspector General
|
1
|
|
|
32)
|
5˙21..
|
Indent
for tents
|
20th February
|
Inspector
General
|
1
|
|
|
33)
|
4˙32..
|
Indent
for war medal ribbon
|
|
Ditto
|
1
|
|
|
34)
|
11˙43..
|
Indent
for universal forms and official envelopes
|
Ditto
|
Through
Deputy Inspector General to Superintendent, Government Printing.
|
3
|
|
|
35)
|
21˙18(2)..
21˙18(3)..
|
Criminal
Tribes Report
|
1st April
|
Through
District Magistrate, Deputy Inspector General and Commissioner to Deputy
Commissioner, Criminal Tribes
|
Permanent
|
A
copy of the Superintendent’s report to be sent to the Assistant to the Inspector
General of Police for Criminal Tribes, by the 1st April each year.
|
|
36)
|
16˙18..
|
Return
of punishment for corruption
|
10th April
|
Through
Deputy Inspector General to Inspector General.
|
5
|
|
|
37)
|
10˙85(2)..
|
Statement
showing upper subordinates on leave and under suspension.
|
15th April
|
Deputy
Inspector General
|
-
|
|
|
38)
|
10˙105(3)..
|
Acknowledgment
of permanent advance.
|
Ditto
|
Accountant
General
|
5
|
|
|
39)
|
13˙17..
|
Confidential
report on assistant sub-inspectors sub-inspectors. Sergeants and inspectors.
|
Ditto
|
Deputy
Inspector Genral
|
-
|
|
|
40)
|
13˙15..
|
Recommendations
for promotion to rank of Inspector.
|
1st May
|
Ditto
|
-
|
|
|
41)
|
15˙20..
|
Recommendation
for the Kings’ Police Medal.
|
Ditto
|
Through
Deputy Inspector General to Inspector General
|
-
|
Confidential
|
|
42)
|
10˙85(I)..
|
Establishment
Return
|
15th May
|
Accountant
General
|
-
|
-
|
|
43)
|
10˙113(I)©..
|
Refunds
of clothing deposits
|
Ditto
|
Inspector
General
|
-
|
|
|
44)
|
10˙113(2)..
|
Special
contingent bills on account of charges for clothing and equipment
|
Ditto
|
Deputy
Inspector General
|
5
|
*Approximately.
|
|
45)
|
11˙47..
|
Indents
for standard and non-standard departmental Urdu forms.
|
1st June
|
Through
Deputy Inspector General of Superintendent, Government Printing.
|
3
|
|
|
46)
|
11˙57(4)..
|
Indents
for Survey Maps.
|
Ditto
|
Inspector
General
|
2
|
|
|
47)
|
10˙170(I)..
|
Proposals
involving new expenditure.
|
15th June
|
Through
Deputy Inspector General to Inspector General.
|
5
|
Very
urgent proposals may be submitted by 1st September.
|
|
48)
|
11˙40(I)..
|
Indents
for English Stationery
|
Ditto
|
Inspector
General
|
2
|
|
|
49)
|
11˙40(3)..
|
Estimate
of total expenditure on account of English stationery
|
1st July
|
Ditto
|
3
|
|
|
50)
|
15˙20(2)..
|
Recommendations
for the Indian Police Medal
|
Ditto
|
Through
the Deputy Inspector – General to Inspector – General
|
..
|
|
|
51)
|
10˙166(I)..
|
Budget
estimate of police lands contingent grant
|
1st August
|
Deputy
Inspector – General
|
3
|
|
|
52)
|
11˙44,II˙45..
|
Indents
for English standard and non-standard departmental forms.
|
Ditto
|
Through
Deputy Inspector – General to Superintendent, Government Printing
|
3
|
|
|
53)
|
10˙170(2)..
|
Proposals
involving new expenditure on buildings
|
1st September
|
Through
Deputy Inspector – General to Inspector – General
|
5
|
Urgent
supplementary proposals may be submitted by the 10th October.
|
|
54)
|
15˙9 (3)..
|
Recommendations
for the grant of Sanads.
|
Ditto
|
Deputy
Commissioner
|
..
|
|
|
55)
|
11˙46..
|
Indents
for treasury and accounts forms.
|
Ditto
|
Deputy
Inspector – General
|
3
|
|
|
56)
|
13˙14(I)..
|
Recommendation
rolls of Sub-Inspectors considered fit for the selection grade.
|
Ditto
|
Ditto
|
Permanent
|
|
|
57)
|
10˙168..
|
Budget
estimate –29-Police-2- District Executive Force B.M.I / 139
|
Ditto
|
Ditto
|
..
|
|
|
58)
|
10˙168(B.M.3*I)..
|
Budget
estimate-29 Police-8-Miscellanous B.M.I / 147
|
Ditto
|
Ditto
|
..
|
|
|
59)
|
9˙17(I)B..
|
Returns
of upper and lower subordinates due for super-annuation on attaining the age
of 55 years or more.
|
1st October
|
Ditto
|
Permanent
|
|
|
60)
|
10˙168(B.M.3*I)..
|
Budget
estimate 47 – Miscellaneous Departments (Transferred) I-Provincial statistics
B.M.I / 150
|
Ditto
|
Inspector
– General of Police
|
…
|
|
|
61)
|
10˙168(B.M.3*I)...
|
Budget
estimate XXIII- Police, Part I / B.M.I / 24
|
20th October
|
Inspector
– General
|
…
|
|
|
62)
|
21˙20 (I)..
|
List
of fairs and assemblies to be held during the ensuing year
|
1st December
|
Ditto
|
1
|
|
|
63)
|
10˙4..
|
Recommendations
for the grant of class-II commendation certificates to upper subordinates.
|
End of each year
|
Deputy
Inspector – General
|
Permanent
|
|
APPENDIX No. 11-39 (1) (B).
LIST OF PERIODICAL
REPORTS AND RETURNS TO BE SUBMITTED UNDER THE POLICE RULES BY DEPUTY INSPECTORS
– GENERAL.
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
S. No.
|
Rule
|
Nature of return
|
Date of
submission
|
To whom to be
submitted
|
Period after
which the office copy of the return may be destroyed
|
Remarks
|
|
|
|
monthly
|
|
|
Years
|
|
|
1
|
10-38
|
Salary bills of gazetted
officers
|
1st working day
in each month
|
Treasury Officer or
Accountant General
|
10
|
|
|
2
|
 10-95
10-96
|
Salary bills of office
clerks
|
Ditto
|
Ditto
|
10
|
|
|
3
|
10-159(a)
|
Travelling allowance bills
of gazetted officers
|
When necessary
|
Ditto
|
5
|
|
|
4
|
10-159(b)
|
Travelling allowances bills
of clerks
|
Ditto
|
Ditto
|
3
|
|
|
5
|
10-5
|
Account of expenditure in
B.M. Forms Nos.29, 28 and 31
|
3rd working day
in each month
|
Inspector-General
|
…
|
|
|
6
|
10-5
|
Monthly statement of
expenditure
|
Ditto
|
Ditto
|
1
|
|
|
7
|
23-20
|
Monthly return of re-arrest
of restricted criminal tribesmen
|
1st week of each
month
|
Assistant Inspector-General,
Criminal Tribes
|
…
|
|
|
8
|
10-95(3)
|
Statement showing permanent
or officiating vacancies in their Clerical establishments
|
10th of each
month
|
Inspector-General
|
1
|
|
|
9
|
21-15(2)
|
Monthly statement of crime
|
15th of each
month
|
Deputy Inspector-General,
CID, copies to Commissioner in the range
|
3
|
|
|
10
|
10-95(2)(b)
|
Absence statement
|
Ditto
|
Accountant-General
|
…
|
|
|
|
|
Half-Yearly
|
|
|
|
|
|
11
|
16-21
|
Recommendations for Orders
and Indian Titles
|
15th July and 15th
December
|
Inspector General
|
…
|
Confidential
|
APPENDIX No. 11-39 (1) (B). Contd.
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
S. No.
|
Rule
|
Nature of return
|
Date of
submission
|
To whom to be
submitted
|
Period after which
the office copy of the return may be destroyed
|
Remarks
|
|
|
|
annual
|
|
|
|
|
|
12
|
19-35(3)
|
Abstract showing figure of
merit from musketry returns
|
1st February
|
Inspector-General, Police
|
…
|
|
|
13
|
11-43
|
Indents for universal forms
and envelopes
|
1st April
|
Superintendent, Government
Printing
|
…
|
|
|
14
|
21-13(2)
|
Annual Administration Report
|
15th April
|
Inspector-General
|
Permanent
|
|
|
15
|
10-105(3)
|
Acknowledgment of permanent
advance
|
Ditto
|
Accountant General
|
5
|
|
|
16
|
16-18
|
Return of punishment for
corruption
|
20th April
|
Inspector-General
|
5
|
|
|
17
|
20-1
|
Inspection
|
1st May
|
Ditto
|
…
|
|
|
18
|
21-18(2)(c)
|
Criminal Tribes Report
|
Ditto
|
Commissioner
|
…
|
|
|
19
|
13-15(3)
|
Recommendations for
adminission of Sergeants and Sub-Inspectors to List F
|
October
|
Inspector-General
|
…
|
|
|
20
|
10-85
|
Consolidated district
statement of upper subordinates on leave or under suspension, etc.
|
1st May
|
Ditto
|
…
|
|
|
21
|
10-85(1)
|
Establishment Return (for
his own office)
|
15th May
|
Accountant-General
|
…
|
|
|
22
|
15-20
|
Recommendations for the King’s
Police Medal
|
Ditto
|
Inspector-General
|
…
|
Confidential
|
|
23
|
4-37
5-11
|
Transactions of the clothing
and equipment funds
|
…
|
Ditto
|
…
|
Copies of remarks of Deputy
Inspector-General to be submitted after their inspections of districts
|
|
24
|
11-5(4)
|
Indents for survey maps
|
1st June
|
Ditto
|
2
|
|
|
25
|
11-40(1)
|
Indent for English
stationery
|
5th June
|
Ditto
|
…
|
|
APPENDIX No. 11-39 (1) (B). Contd.
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
S. No.
|
Rule
|
Nature of return
|
Date of
submission
|
To whom to be
submitted
|
Period after
which the office copy of the return may be destroyed
|
Remarks
|
|
|
|
annual Contd.
|
|
|
|
|
|
26
|
10-170(1)
|
Proposals involving new
expenditure
|
1st July
|
Ditto
|
5
|
Very urgent proposals may be
submitted by 15th September
|
|
27
|
11-40(9)
|
Establishment total
expenditure on account of stationery
|
Ditto
|
Ditto
|
…
|
|
|
28
|
11-47
|
Consolidated indents for
standard departmental Urdu forms
|
Ditto
|
Superintendent, Government
Printing
|
3
|
|
|
29
|
15-20(2)
|
Recommendations for the
Indian Police Medal
|
15th July
|
Inspector-General
|
…
|
|
|
30
|
310(3)
|
List of minor works, etc.
|
1st August
|
Ditto
|
…
|
|
|
31
|
10-125(2)
|
Proposals involving new
expenditure on building
|
15th September
|
Ditto
|
5
|
|
|
32
|
11-44
11-45
|
Indents for English standard
and non-standard departmental forms
|
Ditto
|
Superintendent, Government
Printing
|
…
|
|
|
33
|
10-168(3)
|
Budget Estimate 29-Police
–District Force, B.M.I.139
|
10th September
|
Inspector-General
|
…
|
|
|
34
|
10-166(1)
|
Budget Estimate of Police
lands contingent grant
|
25th September
|
Ditto
|
3
|
|
|
35
|
10-168
|
Budget Estimate
29-Police-8-Miscelleneous, B.M.I.147
|
26th September
|
Ditto
|
…
|
|
|
36
|
11-46
|
Indents for treasury and
accounts forms
|
1st October
|
Superintendent, Government
Printing
|
1
|
|
|
37
|
9-17(2)
|
Recommendation for retention
of upper subordinates on attending the age of 55
|
October
|
Inspector-General
|
Permanent
|
|
|
38
|
13-15(3)
|
Recommendations for
admission of sergeants and Sub-Inspectors to Inspector’s promotion list
|
Ditto
|
Ditto
|
…
|
|
form No.
11-22
|
telephone message form counterfoil
|
Telephone message form
|
|
Serial No.
Received
from_____________________________
Addressed
to______________________________
Recorded
by______________________________
Time of call
______________________________
|
____________District
For official use only
No. Police
Station / Office
From:-
To:-
Message begins:-
__________________________
_________________________________________
_________________________________________
_________________________________________
_________________________________________
_________________________________________
_________________________________________
_________________________________________
_________________________________________
_________________________________________
___________________________:-
Message ends
|
(Bilingual Form)
form no. 11-24(1)
Police Department ____________District
Diary of correspondence received and issued during the year _______
19 .
(Note–the despatch No. of a latter issued will be the No. shown in column 1
and the date of such letter will be that shown in column 3)
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
|
Diary No. of receipt and
despatch communication
|
Date of entry in this
register and date of despatch communication
|
Letters Received
|
Class of officer from or to whom received or sent to be shown thus X
or the name of the officer under “Superintendent of Police” or “Miscellaneous”
|
Reference to
|
File No.
|
Subject-head No.
|
Contents of letters received or issued
|
Remarks –Date of reminder should also be entered in pencil in this column which should be rubbed out
when reply is received
|
|
Letter No.
|
Date of Issue
|
*a.
|
*b.
|
c.
|
d.
|
e.
|
a.
|
b.
|
Subject
|
|
|
|
|
Superintendent of
Police
|
Miscellaneous
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
* As required
form no. 11-25(1)
File Cover
Office of
___________________________ of
Police _________________________
Subject-head___________________________
File No. _______________________________
Subject _____________________________________________________________________________
|
For previous file see No._________________________ of 19
|
* P – Pending or otherwise
|
For later file see No._________ of 19.
|
|
Index to contents
of this file
|
|
Form or to to whom
|
No. of letter received
|
No. of letter despatched
|
Date of letter
|
Page in this file
|
Subject
|
|
|
|
|
|
|
P.
P.
P.
P.
P.
P.
P.
|
|
Note – When a letter is
desposed of the P. opposite it will be struck out
form no. 11-28(1)
Register of files and index of correspondence
subject – head ________________________
|
1
|
2
|
3
|
4
|
|
Annual No. of file
|
Subject of the very briefly
|
Date when files ceased to be pending
|
Whereabouts of case with date (entries to be made in pencil to admit of
necessary alteration)
|
|
|
|
|
|
form no. 11-28(1)
Register of files and index of correspondence
|
Date of receipt of stamps from treasury
|
Value of stamps received
|
How distributed
|
Total distributed
|
Receipt of receiving office
|
|
English office
|
Urdu office
|
|
|
X
|
|
|
*
|
|
|
|
|
|
+
|
|
(Form to be drawn by hand)
X – As many columns
as are required i.e., for each officer.
* Total in hand on
quarter ending –
+ Total issues during
quarter ending –
form No. 11-39(2)
Check Statement of Periodical Returns.
Nature of Report or Return
Date on which due from Superintendent
Column 1. District
2. Date of receipt
3. Date of 1st reminder
4. Date of 2nd reminder
5. Date of 3rd reminder
6. Date of 4th reminder
Completed and
submitted on:---
form no. 11-44
Police Department_____________ __________District
or Range
indent for standard departmental forms (english)
form 1st january ___________ to 31st december
19 .
For the use of the _________________
Prepared
____________19 .
Despatched___________19 .
|
Serial No.
|
No. of form
|
Description of
form
|
Annual consumption during
|
Average
|
Balance in hand, verified
by a responsible official
|
Number now indented
|
Remarks
|
|
19 .
|
19 .
|
19 .
|
|
|
|
|
|
|
|
|
|
|
|
form no. 11-44
indent for standard departmental forms (urdu)
required for use in the _________district during 19.
|
Serial No.
|
No. of form
|
Description of
form
|
Annual consumption during
|
Average
|
Balance in hand, verified
by a responsible official
|
Number now indented
|
Remarks
|
|
19 .
|
19 .
|
19 .
|
|
|
|
|
|
|
|
|
|
|
|
form no. 11-58
Police Department_____________ __________District
or Range
Register of Books and
Periodicals
register showing all printed books, periodicals, etc., received
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
Register No.
|
Title of work
|
Name of author
|
Particulars of publisher and
date of publication
|
Number of the edition
|
How obtained
|
Date of receipt
|
Amount paid
|
Remarks
|
|
|
|
|
|
|
|
|
Rs.
|
a.
|
p.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
form no. 11-67(1)
diary of urdu correspondence received in the office of the
superintendent of police for the year 19
.
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
Diary Serial No.
|
Subject
|
Name and address
of writer
|
Date of letter
|
Date of receipt
in this office
|
Disposal of paper
by receipt branch
|
reference
|
|
|
|
|
|
|
|
|
form no. 11-68(1)
despatch book of urdu correspondence issued from the office of the
superintendent of polce in the year 19
.
|
1
|
2
|
3
|
4
|
5
|
6
|
|
Despatch Serial
No.
|
Subject
|
Address
|
Date
|
Disposal of paper
by despatch branch
|
Reference
|
|
|
|
|
|
|
|
form no. 11-69(2)
Challan of
dak despatched by_______________________________
A.
At
__________________________ M. on 19 .
P.
Case
Diaries _________________________
Periodical
Returns ____________________
General
Dak _________________________
Order Book
__________________________
Despatcher
Contents received and chlan
returned at (time and date).
Recipient
register of files in the urdu record room
_________Police Department
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1
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2
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3
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4
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5
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6
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7
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8
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No. and date of First
Information Report
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Offence
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Name, parentage and
residence of complainant
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Name, parentage and
residence of accused
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Result of case with date, i.e.,
convicted, discharged or acquitted, untraced or cancelled
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Where sent and when
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Signature of recipient
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Date of return
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Note 1 – All files shall be entered according to
numbers of First Information Reports.
2 – Sufficient space
shall be left between each line to admit of entries being made in columns 6 to
8 each time a file is taken out of the record room
THE PUNJAB POLICE RULES
CHAPTER-XII. -- Appointments and Enrolments.
12.1.
Authorities empowered to make appointments.--- (1) Assistant Superintendents of
Police are appointed by the Secretary of State for India, either in England or
in India, according to the rules farmed by him from time to time.
Deputy Superintendents of Police are appointed by the
Provincial Government according to rules contained in Appendix 12.1.
The following table summaries the directions given by
the Provincial Government under clause (b) of sub-section (1) of section 241 of
the Government of India Act, 1935, in regard to the authorities competnt to
make appointments to the non-gazetted ranks.
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1
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2
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3
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Class of Government
Servants
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Authority to whom the power
Of appointment is delegated.
[For Pb.] “Officers incharge, Police Constables
Training
Centres” and Officer in-charge
Of the Constables Advanced
Training Center.
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The extent of the
Delegation
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Inspectors
Sergents, Sub-Inspectors
And Assistant Sub-Inspectors
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Deputy Inspectors-general
Of Police, Assistant Inspector-
General, Government Railway Police, Assistance
Inspector-General, Provincial Additional Police, (designed as Commandant,
Provincial Additional Police), and the
Assistant Inspector-General
Of Police
(Traffic)
Superintendent of Police
And Deputy Superintendent
(Administrative), Government
Railway Police and Assistant
Superintendent, Government Railway Police.
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Full powers subject to
Rules governing the conditions of service as defined
in Police Rule.
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Contd.
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Head Constables and constables
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Superintendent of Police, and Deputy Superintendent,
(Administrative),Governme-nt Railway Police, Assistant Superintendent,
Government Railway Police, Deputy Superintendents incharge of Railway Police
Sub-Divisions, Senior Assistant Superintendent of Police, Lahore and Officers
in-charge, Recruits training Centres, Deputy Superintendent of Police, Punjab
Armed Police, Lahaul and Spiti.
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(2) All
direct appointments to non-gazetted ranks above that of constable and all first
appointments of civilian clerks shall be made by the appointing authority on
consideration of the recommendations of a selection board. Such Boards shall be
constituted in accordance with the orders of the Inspector-General.
(3) The
power to confirm the appointment of officers appointed on probation vests
in the prescribed appointing authority.
(4) Inspectors
shall be borne on a provincial roll and shall receive provincial constabulary
numbers. Sergeants shall be borne on a separate provincial roll and shall
receive separate provincial constabulary numbers.
Sub-Inspectors and Assistant Sub-Inspectors shall be
borne on range rolls and shall receive range constabulary numbers.
Head constables and constables in each district shall
be borne on district rolls and shall receive district constabulary numbers.
(5) In
matters relating to general conditions of service such as pay, pension , leave,
joining time and travelling allowance, the subordinate ranks of the Police
force of the State of Punjab shall be governed by the Punjab Rules, for the
time being in force, in so far as they are not inconsistent with the provisions
in these rules.
NOTE.—Regarding amendment by Haryana Govt.
No. G.S.R. 44/C.A. 5/1861/Amd. (1)/82
dated 26.3.1982
In the Punjab Police Rules.---
(a) for
the words “Assistant Inspector General, Government Railway Police” occurring
not in conjunction with “Superintendent of Police” or “Deputy Inspector General”.
The words “Superintendent of Police Railways,” shall be substituted;
(b) for the
words “Assistant Inspector General, Government Railway Police” Wherever
occurring in conjunction with the words “Superintendent of Police”, the words “Superintendent
of Police, Railways “ shall be substituted;
(c) for
the words “Assistant Inspector General, Government Railway police” wherever
occurring with the words “Deputy Inspector General of Police”, the words “Deputy
Inspector General of Police, Railway and Traffic “ shall be substituted.
In the said rules, in chapters XII for the words “Deputy
Superintendent of Police (Administration), Government Railway Police, or
Assistant Superintendent Government Railway Police” wherever occurring, the
words “Superintendent of Police, Railways” shall be substituted.
SYNOPSIS
1. Authority who appointed at the relevant
time to be considered the appointing authority.
2. Compulsory retirement – Adverse
remarks.
3. Order of discharge can only be made by
Superintendent of police.
4. Promotion – Qualifying the lower school
course—Names entered in List C-I meant for promotion.
5. Removal—By Superintendent of Police.
COMMENTS
1. Authority
who appointed at the relevant time to be considered the appointing authority.
Counsel for the petitioner has drawn our attention to the decision of the Delhi
High Court in the case of the Management of Delhi Transport undertaking. New
Delhi vs. B.B.L. Hajelay and another wherein it has been observed that a
subordinate authority (1972 SLR 299 Delhi FB). In Krishna Kumar, Divisional
Assistant Electrical Engineer and other, 1980 SCC (L&S) 1 at 3, the Supreme
Court has observed that “Whether or not an authority is subordinate in rank to
another has to be determined with reference to the state of affairs existing on
the date of appointment. It is at that point of time that the constitutional
guarantee under Article 311(1) becomes available to the person holding, for
example, a civil post under the Union Government that he shall not be removed
or dismissed by the authority subordinate to that which appoints him.
In view of the
foregoing , we of the opinion that the contentions raised by the respondents in
their counter-affidavit that S.P. ( Lines) was competent to enlist a Constable
in Police force under P.P.R.12.1 and that he is cometent to remove such an
employee after departmental enquiry is not legally tenable. That being so, we
are of the opinion that the order of S.P. (Lines), Delhi dated 13.2.1969
Placing the petitioner under suspension, his subsequent order dated 17.5.1974
continuing the petitioner under suspension w.e.f. the earlier order dated
24.3.1975 wherein it was stated that the suspension of the petitioner cannot be
said to be wholly unjustified within the meaning of F.R. 54(B)(5) and,
therefore he will be entitled to only pay and allowances already drawn by him
in the form of subsistence allowance for the period of suspension and the said
period will be treated ad ‘not spent on duty’, are all unsustainable in law. Brahma
Singh vs. Union of India 1988 (5) S.L.R.260.
2. Compulsory
retirement…Adverse remarks. Reverting to the case in hand, the stand of the
petitioner in para No. 4 of the writ petition that he was confirmed as
Assistant Sub Inspector vide order dated February 28,1983, Annexure P.1 with
effect from February 1, 1980, was refuted in the written statement. Annexure
P.1 shows that the order passed by the Deputy Inspector General of Police dated
February 28, 1983 and was communicated by Superintendent of Police Karnail
whereby Karnail Singh petitioner was confirmed with effect from February 1,
1980. Furthermore, it was Deputy Inspector General of Police who passed the
order on April 23, 1983 annexure P.2 allowing retention in service of the
petitioner beyond the age of 55 years.
The
petitioner was brought on list ‘E’ and he was promoted as Sub Inspector on
April 1, 1977 as mentioned in para No. of the petition. This fact was not
denied in the corresponding para in the written statement. It is not the case
of the respondents that the petitioner was promoted as Sub Inspector by the
Superintendent of Police.
The
case of the petitioner is that of promotion to the post of Assistant Sub
Inspector and Sub Inspector. Substantively he was confirmed on the post of
Assistant Sub Inspector under order of the Deputy Inspector General of Police.
Thus, for all intents and purposes the appointing authority of the petitioner
to the post of Assistant Sub Inspector and Sub Inspector was Deputy Inspector
General of Police and not the Superintendent of Police. This being a case of
promotion and not initial appointment, Superintendent of Police cannot be
treated as competent authority under Rule 12.1 of the Police Rules in this
case, Kamail Singh of Haryana and others, 1989(2) S.L.R. 345= 1989(2) RSJ 536
3. Order
of discharge can only be made by superintendent of Police. The rule as such
does not take of any appointing authority, and therefore, could not be dad to
be subject to rule 12.1 which provides the authority power to make appointments.
Even if the Assistant Superintendent was competent to make appointment to
non-gazetted rank even then the discharge order under rule 12.21 could be
passed by the Superintendent. It is particularly so because there was no appeal
provided against such an order of discharge. Jagjit Singh’s case, AIR 1970 SC
122 has no applicability to the facts of the present case. Therein the rule
under consideration was rule 16.1 in chapter 16 which is altogether different
from the rule 12.21 in chapter 12. That being so, the other contention of the
learned counsel for the respondent need not be gone into. Consequently the
appeal fails and is dismissed with no order as to costs. State of Punjab and
another vs. Sudershan Rani, 1989(4) S.L.R.305.
4. Promotion---
Qualifying the lower school course – Names entered in List C-1 meant for
promotion . Action of the respondent, so far as the transfer of certain
constables from other districts to Faridabad district in order to check the
uneven increase in vacancies in the cadre of Head Constables and ad hoc
promotions of outstanding and meritorious Constables to the rank of Head
Constables are concerned may be justified in the exigencies of service, by so
far as non-consideration of the claims of the petitioners, who were admittedly
senior and fully qualified and eligible for promotion as Head Constable is
wholly arbitrary and discriminatory. The respondents were duly bound to
consider the petitioners for promotion to the rank of Head Constable when the
petitioners were fully eligible according to the statutory rules. If the
respondents though that the increase of chances of promotion was uneven in the
case of Head Constables in district Faridabad and for that purpose Constables
had to be brought from other districts for promotion, there was no necessity of
making ad hoc promotions from amongst Constables posted in district Faridabad
itself. These ad hoc promotions made in favor of Constables, howsoever
outstanding and meritorious they may be, could not be made at the cost of their
seniors. If the transfer of Constables from other districts to Faridabad was to
be made as considered necessary in the exigencies of service, when while making
promotions to the rank of Head Constable, the petitioners should also have been
considered for promotion. Otherwise, if the Constables who are qualified and
senior in their own district are to be ignored and Constables from other
districts are to be brought for promotion, the impugned action will be wholly
arbitrary and discriminatory . Jai Kishan and others vs. State of Haryana and
others, 1987(4) S.L.R.740.
5. Removal
– By Superintendent of Police. It is well known that the Assistant inspector
General of Police functions on behalf of the Inspector General of Police the
said order dated 21.3.1964 is relatable to and has to be read in conjunction
with the previous order of the Inspector General of Police dated 21.12.1963 who
had directed that a test should be held for promoting Head Constables against
existing vacancies. The Assistant Inspector General of Police, was acting only
on behalf of the Inspector General of
Police, not as Superintendent of Police, since he was only carrying out the
orders previously passed by the Inspector General.
Whether it was the Deputy Inspector General of Police,
as mentioned in the petition who appointed the petitioner, or whether it was
even the Inspector General of Police himself who did this, it is clear that the
petitioner was promoted by an officer higher in rank than a Superintendent of
Police. The mer fact that an Assistant, who merely carried out the orders of
the Inspector General of Police, had signed the order pertaining to the
petitioner’s promotion as Head Constable cannot make it a promotion made by a
Superintendent of Police merely on the ground that the Assistant Inspector
General of Police, working as the I.G.’s assistant , is also a Superintendent
of Police. He was not making the said promotion in his rank or status or even
exercising functions as Superintendent of Police. On account of the abovenoted
features relating to the petitioner’s promotion it is small wonder that both
the petitioner as well as the Police Department experienced difficulty in the
matter of making a precise plea concerning it . Ram Karan vs. Union of India
and others, 1975(2) S.L.R.683.
12.2. Seniority
and probation.-- (1) The seniority of
Assistant Superintendents of Police is regulated by the orders passed from time
to time by the Secretary of State and the Central Government.
No Probationary Assistant Superintendent of Police
shall be permanently appointed as an Assistant Superintendent of Police until
he has passed the prescribed departmental examinations.
A Probationary Assistant Superintendent of Police who
does not qualify by passing these examinations within two years, or at the
first examination after two years, from the date of his joining the service,
will be removed from Government service; provided that the provincial
Government shall have power to relax this rule in special cases, when the
Probationary Assistant Superintendent of Police is likely to make a good police
officer.
(2)
The
rules governing the probation and seniority of Deputy Superintendents of Police
are contained in Appendix 12-1.
(3)
All
appointments of enrolled police officers are no probation according to the
rules in this chapter applicable to each rank.
Seniority in the case of upper subordinates, will be
reckoned in the first instance from date of first appointment, officers
promoted from a lower rank being considered senior to persons appointed direct
on the same date, and the seniority of officers appointed direct on the same
date being reckoned according to age. Seniority shall, however, be finally
settled by dates of confirmation, the seniority inter se of several officers
confirmed on the same date being that allotted to them on first appointment.
Provided that any officer whose promotion or confirmation is delayed by reason
of his being on deputation outside his range or district shall, on being
promoted or confirmed, regain the seniority which he originally held vis-à-vis
any officers promoted or confirmed before him during his deputation.
The seniority of lower subordinates shall be reckoned
from dates of appointment, subject to the conditions of rule 12-24 and provided
that a promoted officer shall rank senior to an officer appointed direct to the
same rank on the same date.
“Provided that in the case of officers recruited
direct after 23rd December, 1958, as a result of the same
examination or selection, their inter-se-seniority shall be reckoned.
(a)
by
the order of merit fixed by the selection body, and
(b)
when
there is no such order by merit indicated, by the age of the candidate, i.e.,
the oldest being placed the senior-most and the youngest the junior-most”.
SYNOPSIS
1.
Automatic confirmation.
2.
Maximum period of probation in the case
of a police officer.
3.
Reversion to substantive rank of
Sub-Inspector.
4.
Seniority whether to be counted from the
date of appointment or promotion as the case may be or from the date of
confirmation.
COMMENTS
1.
Automatic
confirmation. The relevant provision relating to probationary period of
promoted officers of the police is contained in rule 13-18 of the Rules which
is applicable in the present case. A bare reading of rule 13-8 of the Rules
shows that it relates to Inspectors, Sergeants, Sub-Inspectors, and Assistant
Sub-Inspectors who are directly appointed, whereas Rules 13-19 lays down the
period of probation for officers who have been promoted in rank.
The appellant there was appointed purely on a
temporary basis and not on probation and, therefore, Rule 12-8 on the
assumption that Rule 12-8 applied to the appellant there. It was held that a
probationer could not be deemed to be automatically confirmed in the absence of
express order of confirmation and the probation is presumed to be extended.
However, it was held that in view of the fact that rule 12-8 is differently
worded than Rule 13-18 the ratio of the decision in Partap Singh’s case was not
applicable. I agree with Chadha J. and following the law laid down by the
Division Bench of this Court in the above said two cases. I hold that the
petitioner is deemed to have been confirmed from 1st January, 1963,
as a Head Constable and his seniority in that rank by virtue of Rule 12-2(3) is
to be counted from 1st January, 1961, Ram Pat vs. Union of India and
other, 1984 (3) S.L.R. 756
2.
Maximum
period of probation in the case of a police officer. The maximum period of
probation in the case of a police officer of the rank of constable is three
years, for the Superintendent of Police concerned ahs the power to discharge
him within that period. It follows that the power to discharge cannot be
exercised under rule 12-21 after the expiry of the period of three years. If
therefore it is proposed to deal with an inefficient police officer after the
expiry of that period , it is necessary to do so in accordance with the rules
of Chapter XVI of the Rules which makes provision for the imposition of various
punishments including dismissal from the police force. It is not permissible to
ignore those rules and make a simple order of discharge under Rule 12-21 after
the expiry of the period of three years for that will attract Article 311 of
the Constitution. The Superintendent of Police concerned could not have ignored
that requirement of the law and terminated the services of the three
respondents after the expiry o the period of three years from their enrolment
in the police force of the State. The
Superintendent of Police, Ludhiana and another vs. Dwarka Das, 1979(1) S.L.R.
299.
3.
Reversion
to substantive rank of Sub-Inspector. There is no manner of doubt that the
underlying principle of rule 13-12(1) and as a consequence of rule 13-16(2) is
that promotions to the temporary vacancies of Sub-Inspectors and Inspectors are
not hide bound by seniority but by the overriding consideration of affording
equal opportunities to all eligible candidates on list ‘E’ and ‘F’ for holding
an independent charge in the higher rank and to test their mettle in these
posts. Gurcharan Singh vs. State of
Punjab, 1976 P.L.R. 166.
4.
Seniority
whether to be counted from the date of appointment or promotion as the case may
be or from the date of confirmation. A reading of Rule 12-2 would demonstrate
beyond doubt that it is the date of appointment or promotion, as the case may
be, which is relevant for the purpose of the purpose of determining seniority
and not the date of confirmation. K.S. Tiwana, J. in Gurdial Singh’s case
discussed the matter threadbare and held that the seniority of the lower
subordinates i.e. Head Constables who are promoted from Constable, shall be
determined in accordance with third paragraph of the sub-rule (supra). The
language of this sub-rule in clear and umambiguous terms provides that the
seniority of the lower subordinates shall be reckoned from the dates of their
appointments. I am in complete agreement with the view expressed by K.S.
Tiwana, J. (as he then was) Additionally, it is the admitted position that
confirmation of head Constables is done district-wise. In a given case
depending upon the availability of confirmed posts in a particular district
junior persons may score over senior for the simple reason that in that
district the vacancies of confirmed employees are in existence whereas in the
other district there is bought of such vacancies. This precise matter was dealt
with by the Hon’ble Supreme Court in D.K. Mitra’s case (supra) wherein it was
held that when the seniority lists are prepared zone-wise for determining
seniority, the date of confirmation would be wholly irrelevant. Mohinder Singh,
Head Constable and other vs. The State of Haryana and other, 1991(4) S.L.R. 757
= 1990(1) RSJ 801.
12.3. Direct appointments of inspector and assistant
sub-inspector – Except as provided in Rules 12.1 and 12.4, direct appointments
shall not be made except in the rank of Inspector Sub-Inspector and Assistant
Sub-Inspector. Such appointments in the rank of inspector and assistant
sub-inspector may be made up to a maximum of ten per cent anr twenty per cent
of vacancies respectively.
12.3 A. Appointment of Urdu Stenographer – Appointment
to the special posts of Urdu stenographer is made in the rank of Assistant
Sub-Inspector by the Deputy Inspector-General of Police, Criminal Investigation
Department, Punjab. These appointment are governed by the rules contained in
Appendix 12.3-A.
SYNOPSIS
1.
Any
rule which affects promotion pertains to conditions of service.
2.
Entitlement
to the privilege as was available.
3.
Promotion
in the line ministerial and executive staff.
4.
Recommendation
of names of candidates by Commission gives no right to appointment.
COMMENTS
1.
Any
rule affects promotion pertains to conditions of service. – The promotion list
of Head Constable (Ministerial) prepared on the basis of the impugned standing
Order is not in accordance with law. The Standing Order on the face of it
applicable to executive category has been wrongly applied to the ministerial
category to which the petitioners belong. During the hearing, the learned
consul for the petitioners stated that the petitioners had been confirmed as
Head Constable in 1972 and they were appointed a Assistant Sub-Inspector
initially on ad hoc basis and thereafter regularised in1979 and that they have
been confirmed as such on 5.7.1983.
In view of the above, we order and direct that the
petitioners should be considered for promotion by strictly applying the
criteria contained in P.P Rule 12.3D read with P.P. Rule 13.17. If on such
consideration, the petitioners are found suitable for promotion earlier than
respondents 5-42, they would be entitled to have their due place in the
seniority list. The petitioners have prayed that all the impugned lists as in
annexure “A”,”B”,”C”, and “D” are liable to be quashed. In view of what is
stated above, the impugned lists are hereby quashed. The respondents should
prepare a fresh list of Head Constables ( Ministerial) and lists of officers
suitable for promotion in the higher grade by strictly applying the provisions
of P.P Rule 12.3D and 13.17 and consider the suitability of the petitioners for
appointments for to such grades. The petitioners would also be entitled to all
consequential benefits, including the arrears of pay. Banawari Lal and others
vs. Union and others, 1988 (5) S.L.R. 306
2.
Entitlement
to the privilege/right as was available. – The stand of the respondents is that
in view of the specific provisions made in the Dehli Police (Appointment &
Recruitment) Rules, 1980, the relevant provisions of the Punjab Police Rules
stand automatically repealed and are of no consequence. The post of the
applicant has been designated as technical and the is accordingly not eligible
for promotion to the post of Inspector.
According to the provisions any right, privilege,
obligation or liability already acquired accrued or incurred before the
commencement of these rules shall not be affected. According to our mind the
applicant shall continue to remain entitled to the privilege / right, as was
available to him under the Punjab Police Rules, in terms of which he was
appointed to the post. From another view point, the rules under which the
applicant was appointed cannot be varied to his disadvantage or detriment to
his interest. Radihey Shyam vs.
Commissioner of Police, 1992(4) S.L.R. 45
3.
Promotion
in the line of ministerial and executive staff. It is significant to note that
the impugned Standing Order refers only to P.P. Rule 13-8 which applies to the
executive staff and not to P.P. Rule 12-3D which applied to the ministerial
staff. The P.P. Rule 12-3D does not provide for any test or course for the
ministerial staff nor does it provide for Promotion Lists ‘A’, ‘B’,’C’,’D’,’E’,
And ‘F’, As regards the ministerial staff, the promotion has to be based solely
on the basis of seniority and the assessment contained in the confidential
reports as per the provision of P.P. Rule 12-3D read with P.P. Rule 13-17 wchich
are categorised as ‘A’,’B’, and ‘C’. In the case of ‘A’ category reports,
promotion will be given irrespective of seniority. In the case of category ‘B’
reports promotion will be given in the ordinary course of seniority. In the
case of ‘C’ category reports, the officer can be passed over for promotion.
Banwari Lal and others vs. Union of India and others, 1988(5) S.L.R. 306
4.
Recommendation
of names of candidates by Commission gives no right to appointment. The
grievance of the petitioners is that their names having been recommended by the
Public Service Commission for the posts for which requisition was made by the
Director of Public Instruction in July, 1970, they should have been appointed.
However, no law or statutory rule has been brought to my notice providing that
mere recommendation of the name of a candidate by the Public Service Commission
clothes him with a legal right to be appointed to the post for which his name
is recommended. The Public Service Commission is only an advisory body and recommends
the names of the persons to be appointed in response to the requisition made by
the Government or its departments. But it is for the State Government or any
other appointing authority to make appointments in a accordance therewith or
not. If the appointing authority does not make appointments in accordance with
those recommendations, the candidate recommended ha no right to come to this
court and claim that his legal right ahs been infringed and that a writ of
mandamus should be issued to the appoint him. Davinder Singh and others vs. State of Punjab and others, 1982(2)
S.L.R. 249
12-4. Sergeants
- appointment of. – Sergeants shall be appointed by Superintendents of Police
or the Assistant Superintendent, Government Railway Police, on consideration of
the recommendations of a selection board, to fill vacancies occurring in the
District of the Punjab, the Railway Police or Delhi Province. Applications for
appointment as Sergeant from Europeans and Anglo-Indians who are natural born
British subjects shall be addressed in the Inspector-General, who will enter,
in a list of accepted candidates to be maintained by him, the particulars of
those applicants, whose physique, education and status is suitable.
NOTE. – British soldiers transferred
to the Army Reserve in India may be appointed on probation as sergeant or
Inspector of Police, if otherwise qualified. On confirmation in these posts
they will be discharged from the Reserve. The date of confirmation must be
communicated to the Officer-in-charge. Records, of the man concerned in Great
Britain, to whom also his certificate of service (A.F.B. – 108) must be sent.
British Army reservists serving in the police are not liable to be recalled to
the army for any purpose.
(Authority : - Secretary, Army
Department’s letter No. A-41236-1 (A.G.—6) of 1st April, 1927, to
all local Governments. )
SYNOPSIS
1.
Selection
for appointment as Assistant Sub-Inspector, Police.
2.
Termination
on account of concealment of involvement in criminal case in application for
recruitment.
COMMENTS
1. Selection for appointments as Assistant
Sub-Inspector, Police. Under Rule 12-4 of the Police Rules it was necessary for
the authorities to verify character antecedents of the candidate before his
appointment to the Police force. The report of verification obtained by the
police department cannot be brushed aside. The extract from the judgment of the
criminal Court acquitting the petitioner under Section 307/34, IPC shows that
on account of discrepancies in the evidence produced, by way of abundant
caution giving the benefit of doubt. Narindra Singh petitioner was acquitted.
Learning counsel for the petitioners has argued that it was also mentioned in
the judgment that in this part of the country, there was tendency to implicate
the persons and it should be given weightage and acquital of petitioner should
be considered as honourable. This contention cannot e accepted. Apart from this
occurrence which resulted registration of case under Section 307, IPC in the
year 1979, there was another case registered against the petitioner in 1988.
The overall assessment made by the department on the basis of antecedents was
that the petitioner should not be appointed. Narindra Singh vs. Punjab and others, 1992(5) S.L.R.255
2. Termination
on account of concealment of involvement in criminal case in application for
recruitment. The plea taken by the respondents in highly hypertechnical and the
writ petition deserve to be allowed. It is not a concealment of fact regarding
his earlier conviction which can be taken into consideration against an
employee and on the basis whereof his appointment can be set aside later on. In
the present case, petitioner had only been prosecuted and was acquitted by a
competent Criminal Court. It was not necessary for the petitioner to disclose
this fact to the respondents at the time of his submitting application for
recruitment to the police service. In any case, the fact stands that there is
nothing against the petitioner on the basis whereof his appointment could be
set aside having already been made by order dated 4.9.1989 Annexure P.1.
therefore, the non-disclosure of the information relating to his acquittal in
the criminal case is no ground for withholding the appointment of the
petitioner. Subhash vs. State of Haryana
and another, 1990(4) S.L.R. 525
12-5, Applications for direct appointment as Inspector, Sergeant and
Assistant Sub-Inspector. – Applications for direct appointment in the rank of
Inspector, Sergeant and Assistant Sub-Inspector will be received and
acknowledge as submitted, out on correspondence will be undertaken with
applicants, nor will they be told whether they have been accepted as candidates
or not. When appointments are to be made, pending applications will be
considered and those applicants whom it is desired to call before a selection
board will be informed at least a month before the assembling of the board.
12-6. Qualifications for direct appointment as Inspector or Assistant
Sub-Inspector. – (1) Applications for direct appointment in the rank of
Inspector or Assistant Sub-Inspector shall, at the discretion of the
Inspector-General and range Deputy Inspector-General, respectively, be referred
to the Superintendent of the applicant’s home district for report in Form
12-6(1).
(2) No
applicant shall be accepted as a candidate for direct appointment as Inspector
or Assistant Sub-Inspector who has not been certified as physically fit for
service by a Civil Surgeon and who does not possess the following
qualification:---
(a)
Good
moral character.
(b)
Good
physique and active habits.
(c)
[For
Pb.] He must be between 18 and 25 years of age.
(c)
[For
Hry.] He must be, on or before the 1st day of February next
preceding the date of submission of application to the Public Service
Commission/Subordinate Service Selection Board less than 21 years and more than
30 [Vide Notification Dated 23.6.1989.] years of age for the post of an
Inspector of Assistant Sub-Inspector;
Provided
that the Legal Practitioners selected for appointment as prosecuting
Sub-Inspectors, may be appointed up to 30 years of age;
Provided
further that the Inspector General of Police may waive the maximum age limit in
any case under special circumstances with prior consultation with Public
Service Commission/Subordinates Service Selection Board.”
(d)
[For
Hry.] A candidate for an Inspectorship or an Assistant Sub-Inspectorship should
be a graduate of a recognized University; provided that the Inspector-General
of Police may in special cases dispense with the said qualificatin.”
(d) [For
Pb.] He must, if a candidate for an inspectorship, ordinarily be a graduate of
a University, or, if a candidate for Assistant Sub-Inspectorship have passed
the first examination in Arts, or its equivalent in other faculties, or he must
hold the Diploma of the Aitchison Chiefs College; provided that the
Inspector-General has power, in special cases, to dispense with this
educational qualification.
[For Punjab]
Note
1. – Legal practitioners selected for appointment as prosecuting sub-inspectors
may be enrolled up to the age of 30 years.
“Note
2—Inspector General may, in special circumstances to record in writing, relax
the upper age limit in the case of candidates.
Note
3. – A candidate whose age is not less than 17 years my be enrolled, subject to
the condition that the service rendered before the age of 18 years shall not
qualify for pension”.
[For Haryana]
Note
1. – A candidate whose age is not less than 17 years may be enrolled, subject
to the condition that the service rendered before the age of 18 years shall not
qualify for pension”.
“Note
2. – Upper age limit shall be relaxable in case of Scheduled Castes, Scheduled
Tribes, Backward and Ex-servicemen recruits in accordance with instructions
issued by the State Government in this behalf from time to time”.
( Hr. G.S.R.
64/C.A-5/1861/Ss.2 and 7/Amd (1) 74 dt. 18.5.74)
SYNOPSIS
1.
Appointments made without complying with
the formal letter of law-Would stand vitiated.
2.
Good Physique takes within its ambit the
height and other physical qualifications.
COMMENTS
1. Appointments
made without complying with the formal letter of law – Would stand vitiated.
Appointment was offered to the selected candidates without prior police
verification and medical examination as required by Rule 12-6 of the Rules. It
is argued that in this admitted situation the appointment of the respondents
was bad as being in violation of the rules. While we are of the opinion that it
is only appropriate that before appointments are actually made, requirements of
medical examination and character verification should be complied with, but it
cannot be held as a matter of law that in case the appointments are made
without complying rigidly with the formal letter of the law, they would stand
vitiated. As already mentioned above, the Government had taken a positive
decision and relaxed the rigid compliance with Rule 12-6 in the case of the
selected candidates and had issued a direction that the medical examination and
police verification could be done after appointment keeping in view exigencies
of service. We are of the view that this amounts to substantial compliance with
the rules and although the action is to be deprecated, it would not vitiate the
selection. Parkash Vir and others vs.
State of Haryana and others, 1992(1) S.L.R. 157
3.
Good
Physique takes within its ambit the height and other physical qualifications.
Good physique takes within its ambit the height and other physical
specifications, whereas the on star physical test has been introduced to
evaluate the active habits’ of the applicants. As a matter of fact these
supplement the Rules and make their applicability more uniform and practical
and leave little to the caprice or whim of the selecting agency. It is
significant that the Rules do not talk of a written test as well, but there has
been no argument by either side on this aspect. Some arguments were made on the
question as to what were the requirements of the one star physical test. The
contesting parties and the respondents inter se were at variance on this
question. We are of the view that the one star physical test implied the
passing of all 5 items as per the advertisement. We have examined the matter on
the basis of the record and find that out of the 19 candidates selected, only 7
passed in all five tests. The entire selection is, therefore, liable to be set
aside on this score alone. Parkash Vir
and others vs. State of Haryana and other, 1992(1) S.L.R. 157
12.7. Assistant Sub-Inspector’s list of accepted
candidates. – (1)A list of accepted candidates for direct appointment to the
rank of Assistant Sub-Inspector shall be maintained in the office of each
Deputy Inspector-General in form 12.7 (1) and appointments shall be made by
selection from this list. Candidates must be limited to residents of the range.
No person who is already serving in or has resigned from the police force of
another Province shall be accepted as a candidate without the approval of the
Inspector-General of Police of that province.
(2) The Assistant Inspector-General, Government
Railway Police, shall maintain a similar list, but may accept candidates
residing in the province.
12.8 . Probationary nature of a appointments. – (1)
Inspectors, Sergeants, Sub-Inspectors and Assistant Sub-Inspector who are
directly appointed will be considered to be on probation for three years and
are liable to be discharge at any time during or on the expiry of the period of
their probation if they fail to pass the prescribed examinations including the
riding test, or are guilty of grave misconduct or are deemed, for sufficient
reason, to be unsuitable for service in the
police. A probationary inspector shall be discharge by the
Inspector-General and all other Upper Subordinates by Range Deputy
Inspector-General and Assistant Inspector-General Government Railway Police,
Assistant Inspector-General, Provisional Additional Police (designated as
Commandant, Provincial Additional Police) and Assistant Inspector-General of
Police(Traffic). No appeal lies against an order of discharge.
(2) The pay admissible to a probationary Inspector,
Sergeant, Sub-Inspector or Assistant Sub-Inspector is shown in Appendix 10.64
Table A.
SYNOPSIS
1.
Passing
the Departmental Examination.
COMMENTS
1.
Passing
the Departmental Examination. – Confirmation can only be if he passes the
departmental examination. Jagjit Singh
vs. Punjab, 1967 Cur L.J 187
12.9 . Appointment as range auditors. – Appointments
to the three special posts of range
auditors is made by the Inspector-General. These appointments are governed by
the Punjab Police Clerical Service Rule. Men appointed as auditors shall
receive the special rates of pay specified in Appendix 10.64, Table A.
12.10. Appointment of head constable. – (1) Head
Constable shall be appointed by promotion from selection grade constable in
accordance with rules 13.7 and 13.8.
12.10 A . Direct appointments of selection grade
constable. – Matriculates of good social status and strong family claims may be
enlist in the selection grade of constables up to a maximum of 10 per cent of
the posts in this grade, and should be given a promise of accelerated promotion
if they pass the recruits with credit. No officers directly appointed under
this rule should be confirmed or admitted to promotion list B-1 maintained
under Police Rule 13.7 without the sanction of the Deputy Inspector-General. If
such officers work well, they will be sent to the Lower School course at
Phillaur directly they are conformed and they continue to receive good reports
they will be deputed to be take Intermediate course when they have six years
service. Any such officers who fail to pass the recruit’s course with credit
should be reverted to the time-scale and would not be entitled to accelerated
promotion. Deputy Inspectors- General during their formal and informal
inspections of districts should satisfy themselves that these officers are
making satisfactory progress and have justified their appointment. Cards for
these officers shall be mainted in form 138.8(1) from the date on which they
are enlisted.
SYNOPSIS
1.
Persons directly recruited as Selection
Grade Constables.
COMMENTS
1.
Persons directly recruited as Selection Grade
Constables. Rules in terms applies to person s directly recruited as Selection
Grade Constables and the petitioner is not one of them, but this does not mean
that the petitioner cannot be deputed to undergo the Intermediate School
Course. It has not been contended that the petitioner as a confirmed Head
Constable is not entitled to be considered for promotion. The petitioner, who
was a confirmed Head Constable with requisite length of service and who had
earned consistently good repots, could not be debarred from being deputed for
the Intermediate School Course, simply because he did not secure a position of
merit, in the unauthorised test which was introduced by the departmental
authorities. Ram Kishan, Head Countable Vs The Inspector General of Police,
Haryana and others, 1968 S.L.R. 661.
12.11.
Restriction
on appointment of non-British subject- The appointment to the provincial or
subordinate ranks of the police of any person, who is not a British subject, or
the subject of any State in India, requires the prior sanction of the
Government of India. All such cases
shall be reported by the appointing authority through the ordinary channel of
correspondence in the prescribed from (obtainable from the Central Police
Office), and no such appointment shall be made substantive, until the required
sanction has been communicated.
12.12.
Supervision
of recruitment--. The standard of
performance and the reputation of the whole police force depend above all upon
the quality of its constables. Standards
for recruits are laid down in the rules which follow, but, over and above,
these, constant attention and effort to raise the general standard of
recruitment are essential. Gazetted
officers shall at all times devote special attention to discovering and
encouraging men of a thoroughly good stamp to enroll themselves. Efforts shall be made to enroll a proportion
of men belonging to communities or classes, whose representation in the force
is desirable, but who appear reluctant to offer themselves. The examination and measuring of candidate
for enrollment shall invariably be carried out by a gazetted officer, who shall
concern himself specially to prevent the victimization of, or the taking of
illegal gratification from, candidates by subordinate Government servants concerned
in the conduct of their examination.
Superintendents shall personally satisfy themselves that the
arrangements for the reception of new recruits in the Lines, and for providing
them with bedding and warm clothing, whether as a sanctioned Government issue
or under a system whereby the cost is recovered later in installments from pay,
are adequate, and the recruitment is not discouraged by initial and avoidable
hardships. Deputy Inspector-General, in
additional to exercising a careful control over recruitment generally, and
preventing the enrolment of undesirable types, shall, at their inspections,
formal and informal, pay special attention to the observance of this rule.
SYNOPSIS
1.
Discharge
from service while still under suspension.
2.
Initiation
of disciplinary proceedings.
COMMENTS
1.
Discharge
from service while still under suspension.
The Superintendent of Police has to consider and decide to whether or
not a constable is likely to prove an efficient police officer. If on a consideration of material in his
possession, he forms an opinion that he is not likely to prove an efficient
officer, an order of discharge can be passed.
However, the order has to be passed on some objective data. In the present case, this does not appear to have been
done. The petitioner was accused of
having committed an offence. Soon after
the registration of the case, he was placed under suspension. He was never reinstated. While he was still under suspension, the
petitioner was ordered to be discharged from service. Full salary was not paid to him for the
period of suspension. Even otherwise,
nothing has been shown from his character-roll or any other record to indicate
that there was any adverse report or comments regarding his performance. On the contrary, there is an entry in his
character roll which shows that the petitioner had been had been awarded a
commendation certificate “in recognition of doing conspicuously good word for
the administration of law and maintenance of peace, safety and good order and
for conduct displaying exceptional address, acuteness, industry, fidelity for
smooth functioning of government work during Independence Day, 1990
Celebrations. “He was also given a cash
reward of Rs. 50/-. In this situation,
it is apparent that the order of discharge was passed solely on account of the
allegations made in the above mentioned FIR against him. These allegations do constitute
misconduct. However, on the basis
thereof, an order of discharge could not have been passed. If these allegations were found to be correct
during enquiry, the petitioner could have been dismissed from service. However, the procedure prescribed under the
Rules had to be followed.. This was not
done. Taking the totally of
circumstances into consideration, I am driven to conclude that the petitioner
was in fact punished for the alleged misconduct and the order dated April 18,
1991 was not a simple order of discharge.
Sunder Kumar vs. State of Haryana and others, 1992(5) S.L.R. 727 = 1991 (3) RSJ 504.
2.
Initiation
of disciplinary proceedings. These is
also another aspect of the matter. It is
well established that what is material for the purpose of Article 311(1) of the
Constitution is who actually appointed the person concerned. What is involved in matters of appointment
and removal for the purpose of Article 311 of the Constitution is the status
and rank of the employee and the state and rank of the authority taking action
vide the Management of Delhi Transport Undertaking vs. BBL Hajelay and another, 1972 SLR 787
SC. In the present case, the petitioner
was actually appointed as a Constable by the S.S.P exercising the powers of
D.I.G. of Police who, in terms of rank and status, was higher than that of the
Additional Supdt. Of Police. The Additional S.P. who was a lower authority,
was, therefore, not competent to initiate disciplinary proceedings against the
petitioner. As has been pointed out in
para 12 above, it was only after the issue of the notification dated 18th
May, 1968 that the Additional S.P. was empowered to exercise the powers and
perform the duties of a District Supdt.
of Police. The Commandant of the
Delhi Armed Police was empowered to exercise the same powers only by the
notification issued by the Lt. Governor on 6th May, 1976. Lakhi Ram vs. Union of India and others,
1989(7) S.L.R. 365.
12.13
Recruits—register
of.-- The name of every recruit,
together with the other details required by the form, shall be entered in
English in the Recruit Register in Form 12.13 and the form shall be completed
as to age and physical fitness by the Civil Surgeon before the recruit is
enrolled. No recruit shall be accepted,
who, unless he had already had small-pox and shows obvious scars thereof, is
not certified by the Civil Surgeon on have been successfully vaccinated or
re-vaccinated within the previous twelve months. The Recruit Register shall be examined and
countersigned by the Deputy Inspector-General when visiting the district for
purpose of inspection.
12.14
Recruit—Status
of.-- (1) Recruits shall be of good
character and great care shall be taken in selection men of a type suitable for
police service from candidates presenting themselves for enrolment.
3.
The
enlistment in the police of Gurkhas of Nepalese nationality is absolutely forbidden.
The enlistment of Gurkhas, who can prove British nationality or
continuous domicile, is permitted, but only with the formal sanction of the
Deputy Inspector-General. Before giving
sanction the Deputy Inspector-General sbould verity the nationality of the
proposed recruit by a reference to the recruiting Officer for Gurkhas.
4.
Sons
and near relatives of persons who have done good service in the Punjab Police
or in the Army shall, subject to the consideration imposed by rule 12.12 have
preference over the other candidates for police employment.
SYNPOSIS
1.
Preference
in favour of some and near relative of persons.
2.
Relaxation
of age, qualification and Physical standard to the words of ex-policemen.
3.
Relaxation
of rules-Petitioners despite that relaxation not sent for training of
constables.
4.
Relaxation
should be made by the Administrator.
5.
Rules
framed under the Police Act of 1861.
COMMENTS
1.
Preference
in favour of some and near relatives of persons. Rule 12.14(3) of the Punjab Police Rules,
1934 which authorised the granting of preference in favour of sons and near
relatives of persons serving in the police service became unconstitutional on
the coming into force of the Constitutions.
While it may be permissible to appoint a person who is the son of a
police office who dies in service or who is incapacitated while rendering
service in the Police Department, a provision which confers a preferential
right to appointment on the children or wards or other relatives of the police
officers either in service or retired merely because they happen to be the
children or wards or other relatives of such police officers would be contrary
to Article 16 of the Constitutions.
Opportunity to get into public service should be extended to all the
citizens equally and should not be confined to any extent to the descendants or
relatives of a person already in the service of the State or who has retired
from the service. Yogender Pal Singh and
other vs. Union of India and others,
1987(1) S.L.R. 379.
2.
Relaxation
of age, qualifications and Physical standard to the wards of ex-policemen It is not the case before me that this
provision of public employment is invalid because no one from outside has come
to challenge the validity of this provision.
In 1975, 1976 and 1977 the Government itself acting under this very
provisions granted relaxation. Now they
deny relaxation because they say that it can be availed of only by one son of
the a Policemen. I find there is no such
restriction in sub-rule (3). If the
Government itself makes a special provision as it does by making the order
dated 3.10.81 in favour of the wards of the Delhi Policemen, there is no good
reason why the provisions of sub-rule
(3) of rule 12.14 should also not be followed in cases of sons and near
relatives of police constables. Jogindar
Pal Singh vs. Union of India and others, l1983(3) S.L.R. 252.
3.
Relaxation
of rules—Petitioners despite that relaxation not sent for training of
constables. The petitioners will be
appointed as constables and will be given the required training subject to
fulfilling the requirements of the order dated 3.10.81. Seniority of these petitioners will be
reckoned from the date when their colleges
were sent for training and were appointed as constables. Future increment and other benefits will be
given on that basis. No pay will be given
for this period. Pay will be given from
the date of their appointment. Jogidnar
Pal Singh vs. Union of India and others,
1983(3) S.L.R. 252.
4.
Relaxation
should be made by the Administrator.
Under Rule 30 of the Rules any relaxation should be made by the
Administrator (lt. Governor of the Union Territory of Delhi) and not by the
Deputy Commissioner of Police. Thus no
reliance can be placed on the order of relaxation passed by the Deputy
Commissioner of Police on 3.10.1981 and since by the letter dated April 3, 1982
the Delhi Administration had imposed an additional condition in respect of the
wards of Delhi Policemen/Class IV employees that only son of police
personnel/Class IV employee would be considered for grant f such relaxation of
the appellants cannot claim that they were entitled to be recruited because
admittedly their brothers had already been recruited in the Delhi Police
Service on the basis of an earlier order of relaxation. Yogender Pal Singh and other vs. Union of India and others, 1987(1) S.LR. 379.
5.
Rules
framed under the Police Act of 1861. The
rules framed under the Police Act of 1861 would continue to be in force after
the Act came into force in so far as they were consistent with the Act but at
the same time Section 147 of the Act authorised the Administrator (Lt. Governor
of the Union Territory of Delhi) jto make rules regarding recruitment to and
they pay, allowances and all other conditions of service of the members of the
Delhi Police under Clause (b) of section 5.
It is not disputed that rule 12.14 and rule 12.15 of the Punjab Police
Rules, 1934 and the rules promulgated on December 31, 1980 death with identical
subject, namely the recruitment of Constables to the Delhi Police Service. Yogender Pal Singh and others vs. Union of
India and others, 1987(1) S.LR. 379.
12.15
Recruits-age
and physical standards of.—(1) Recruits shall be not more than 25, or less than
18 years of age, (For Hry.—Recruits shall not be less than 18 years and not
more than 27 years of age - Notification
dated 14.3.1984) at the time of enrolment, and shall have a minimum height of 5’-’7
and normal chest measurement of 33” with expansion of 1-1/2 inches. These
physical standards shall not be relaxed without the general or special sanction
of the Deputy Inspector-General. A general reduction of the standard may be
allowed by Depty Inspector General in the case of special castes or classes, which provide
desirable recruits, but whose general height does not come up to that prescribed.
In \such cases a standard of chest measurement and general physique shall be
fixed, which will permit the enlistment of strong and well-proportioned youths
of the class in question. The Inspector General may in special circumstance to
be recorded in writing relax the upper age limit and the physical standard in the case of recruits.
[For Haryana]
Note. 1- A recruit whose age is not
less than 17 years may be enrolled, subject to the condition that the service
rendered by him before the age of 18 years shall not quality for Pension.
Note.2- Upper age limit shall be
reliable in case of Scheduled Castes, Scheduled Tribes, Backward Classes and
ex-serviceman recruits in accordance with the instructions issued by the State
Government in this behalf form time to time.
[For Punjab]
Not:--
A recruit whose age is not less than 17 years may be enrolled, subject to the condition that the service rendered by
him before the age of 18 years shall not qualify for pensions.
2. The greatest care shall be taken to
ensure that the age of the every police officer is correctly recorded at the
time of his enrolment and appointment. The record then made becomes of the
utmost importance when the question arises of an officer’s right to pension,
and is accepted as decisive in the absence of full proof both that the original
entry was wrong and that the date of birth originally given was due to bonafied
mistake.
A copy of this rule shall be passed
inside the cover of the recruit register (form 12.13) and the attention of the
Civil Surgeon shall be drawn to it.
[For Himachal Prades]
In
sub-rule (1) of rule 12.15 of the Punjab Police Rules 1934, as applicable to
state of Himachal Pradesh, for the existing words and figures “ Recruits shall
be not more than 25, or less than 18 years of age” the words and figures “Recruits shall be not more than 22 years (
27 years for Scheduled Castes and Scheduled Tribes) or less than 18 years of
age” shall be substituted.
SYNOPSIS
1.
Date
of birth.
2.
Forfeiture
of service-Date of birth
3.
Intermediate
School Course.
4.
Recruitment
in violation of Rule-discharge from service.
COMMENTS
1.
Date
of birth. Mere fact that School leaving Certificate records different date of
birth is of no consequence. Constable Jagir Singh vs. The Inspector General of
Police, Punjab and others, 1989 (1) RSI 609.
2.
Forfeiture
of service of birth. Date of birth. Even after the impugned order forfeiting
four years service was passed, on the administrative side another order was
passed by correcting the service record of the petitioner to incorporate August
10, 1938 ad the date of birth which was given in the education certificate.
Subsequently the Commandant passed an order on February, 7, 1980 under the
instructions of Deputy Inspector General of Police contained in the letter date
January 30, that according to Appendix “B” to Rule 7.3 of the Punjab Financial
Rules the recorded date of birth cannot be changed. Thus entry of date of birth
as August 10, 1938 was cancelled and the original date of birth August 23, 1943
was substituted. Copy of the order is annexure P/2. The correctness of this
letter has not been disputed. This shows that respondents are taking up
contradictory stands. By passing the order of punishment the actual date of
birth of the petitioner is taken as August 10, 1938 whereas the same is not
considered for the purpose of service record as in Annexure P/2. The original
given by the petitioner at the time of recruitment. The mere fact that in the
School leaving certificate his date of birth is record as August 10, 1938 will
be of no consequence. Furthermore, such a date of birth recorded therein.
Needless to say such a date of birth was not recorded by the petitioner himself
but by somebody who took him to the school for admission.
The evidence of such a person who recorded the date of birth
of the petitioner at the time of his admission in the school was not recorded
in the enquiry conducted against the petitioner. The report of the enquiry
officer is solely based on the school certificate produced in the enquiry.
Since such evidence cannot be considered sufficient to hold the actual date of
birth of the petitioner being August 10, 1938, obviously the petitioner could
not be penalized moreso, department for all intents and purposes is taking the
date of birth of the petitioner as
August 23, 1943, Jagir Singh vs. The Inspector-General of Police, Punjab and
others, 1989 (3) S.L.R 278.
3.
Intermediate
School Courses. Petitioners have no
right to be deputed to the course as no one from their range who was junior to
them, had been deputed for the course then simply because by virtue of the
interim orders, they have completed half of the Intermediate Course is no
ground to allow them to continue with the course. Ilam Singh and ors. Vs. The
State of Haryana and ors. 1992 (1) RSI 57.
4.
Recruitment
in violation of Rule—Discharge from service.
None of the petitioners fulfils the prescribed standard. Accordingly,
they were not eligible to be recruited. As such. I find no infirmity in the
action of the respondents. Person who do not fulfil the conditions of
eligibility are not entitled to continue on their posts. Keeping in view the
fact that the petitioners admit the position as depicted in Annexure R-1to the
written statement and that there is no claim on the behalf that the measurement
as depicted in the written statement around
no useful purpose would be served by directing the respondents to hear them.
The purpose of the grant of an opportunity of hearing is only to ascertain the
factual position. In case where there is no dispute on facts, no useful purpose
would be served by directing the respondents to hear the petitioners. It is no
doubt correct that normally before passing an order adverse to the interest of
a person, he is entitled to be heard to that he can put froth his view point.
How ever, such an opportunity is necessary only when a person disputed the
facts on the basis of which the action is sought to be taken. In the present
case, learned counsel for the petitioners is categorical in his assertion that
he does not want even to controvert the factual position as depicted in the
written statement. This being the admitted position it is clear that no useful
purpose would be served by directing the respondents to re-decided the matter
after hearing the petitioners. Ram Dia and other vs. State of Haryana and
others, 1992 (5) S.L.R 719.
12.16 Recruits—Medical examination of –(1)
Every recruit shall before enrolment, be medically examined and certified
physically fit for service by the Civil Surgeon. A certificate, in the
prescribed form (10.64) signed by the Civil Surgeon personally, is an essential
qualification for enrolment –(vide Fundamental Rule 10).
The examination by the Civil Surgeon will be
conducted in accordance with the instruction issued by the medical department
and will test the eyesight, speech and hearing of the candidate, his freedom
from physical defects, organic or contagious disease, or any other defect or
tendency likely to render him unfit, and his age. The candidate must strip for
examination, a loin covering being allowed except when the examination is being
completed, and any candidate who refused to do so must be rejected. The
conditions of police service make it necessary that the medical examination of
candidates should be strict. Candidates shall be rejected for any disease or
defect which is likely to render them funfit for the full duties of a police
officer.
(2). Superintendents
are themselves responsible for rejecting candidate whose general standard of
physique and intelligence is unsatisfactory; only those candidate should be
sent for medical examination whom the
Superintendent has accepted a being up to the required standards in these
respects. (See Appendix 12.16).
12.17. Recruits-Enrolment of—When a candidate
has been passed by Superintendent of and
the Civil Surgeon under rules 12.12 to 12.16, orders for his enrolment shall be
entered in column 14, of form 12.13, and in the order book. The recruit shall
be sent to the Lines Officer who shall personally place him in the charge of the chidril
instructor. The latter shall be responsible for explaining to the recruit the
disciplinary orders immediately applicable to him, for arranging for the issue to him recruits
uniform and equipment, and for allotting him to a squad and showing him his
place in barracks.
12.18. Recruits—Verification of character of –
(1) The character and suitability for enrolment of every recruit shall be
ascertained by a reference to the lambardars of village of ward member of the
town of which the recruit is a resident. A search slip shall also be sent to
the Finger Print Bureau in order to establish his freedom or oterhwise form
conviction. Such lambardars or word member shall, if the recruit is of good
character, furnish a certificate to that affect which shall be verified and
attested by the Sub-Inspector in charge of the local police station. The
Sub-Inspector shall also complete the
information required by form 12.18 (1).
(2). If
they recruit is not a resident of British territory, the Superintendent shall
take steps to verify his character through other serving police officer, whose
homes are the same neighborhood, or by such means as may be most suitable under
the circumstances.
(3). Recruits
shall be provisionally enrolled pending the result of the reference.
12.19.
Recruiting
arrangement.—(1) When sufficient recruits to fill vacacier in the rank of
constable do not present themselves voluntarily at the headquarters of a
district, or when other justify such action, police officers proceeding on
leave shall be encouraged to enlist recruits at their homes, and selected men
may be adapted singly or in parties on recruiting duty.
(2). When police officers are required under
the provisions of the above sub-rule to bring recruits form another district,
they shall be provided with a letter to the Superintendent of such district,
requesting him to examine candidates brought before him and to have those are
considered suitable for enrolment medically examined. A roll of all candidates
passed as fit shall be prepared in form 12.13. by the superintendent who
examines them, and they shall be enlisted on the establishment of the district
in which they are to serve with effect form the date of their being so passed,
and shall be entitled to pay and travelling allowance form that date, provided
that they report for duty without delay and by the most direct route. The
appointment of candidates enrolled otherwise than under this provision shall in
no case be antedated.
(3). In case where a police officer has been
put to expense on account of the feeding and travelling expenses of a candidate
brought by him, and provided such candidate is accepted and enrolled, the
actual expenses so incurred up to a maximum of Rs. 3, for each recruit, may be
paid by the Superintendent from his grant for rewards.
12.20.
Recruits-Dates
of Enrolment of—Superintendent of Police shall fill up vacancies in the rank of
constable as and when suitable men are
available. Recruiting parties may be despatched, if any police officer who
produces really good recruits should be given some reward in addition to
travelling allowance. The dates of enlistment of recruits shall, however, as
far as possible, be regulated to ensure that a sufficient number of men are
enrolled on the same date to form a training squad to proceed from start to
finish of their recruits training according to the prescribed syllabus.
12.21.
Discharge
of Inefficient.—A constable who is found unlikely to prove an efficient police
officer may be discharged by the Superintendent at any time within three years
of enrolment. There shall be no appeal against an order of discharge under this
rule.
SYNOPSIS
1.
Absence
from duty.
2.
Certificate
of appointment
3.
Certificate
prescribed under Rule 12.22.
4.
Competent
authority.
5.
Discharge.
6.
Discharge
during probation on the basis of unauthorised absence.
7.
Discharge
from service for being absence from duty for a few hours.
8.
Discharge of police constable.
9.
Discharge-no
material on record to come to the conclusion that the constable was likely to
prove a good police officer.
10.
Discharge
or police constable after the grant of certificate under rule 12.22. whether
permissible.
11.
Discharge-Reinstatement
12.
Discharge-Relieved
after more than 3 years 4 months of service.
13.
Discharge
within a period of three years of enrolment.
14.
Discharge
within period of three years under rule 12.21.
15.
Natural
justice- Discharge of enrolled constable.
16.
Order
of discharge.
17.
Police
officer cannot be discharged from service on account of misconduct of absence
from duty.
18.
Power
to discharge.
19.
Power
of discharge a recruit
20.
Power
to discharge at any time within three years.
21.
Power
under-can be exercised only within three years of the enrolment of Constable.
22.
Probationer-
Removal form service-juniors retained –validity
23.
Temporary
employee- Discharge of on the ground that he having been found un- likely to
prove an efficient police officer.
24.
Termination
of services of temporary lady constable.
25.
Termination-put
in six years as constable and obtained certificate under Rule 12.22.
COMMENTS
1.
Absence
from duty- Apparent that the petitioner was not merely discharged from service
but had been punished on account of the alleged misconduct. Such an order could
not have been passed except after the grant of a due and reasonable opportunity
of hearing as contemplated under the
provisions of the Punjab Police Rules and Article 311. Paramjit Singh vs. State of Haryana, 1991 (2) RSJ 705.
2.
Certificate
of appointment- A constable who has obtained a certificate under rule 12.22
cannot be dealt with under R.12.21. if he is to be removed from service
procedure prescribed in Ch. XVI has to be followed. It is, therefore, aborts
that the order of termination of the petitioner under rule12.21 is not
justified by the police Rules. Dwaka Dass
vs. Superintendent of Police, Ludhiana, IKR (1969) II Punj.324.
3.
Certificate
prescribed under Rule 12.22. The certificate prescribed under Rule 12.22 is
meant to serve the purpose of section 8 of the Act by vesting a police officer
with the powers function s and privileges of a police officer and has to be issued on his appointment as
such. The certificate is thus a letter of authority, and enables the police officer
concerned to enter upon his duties as a police officer. It has to be granted
almost from the inception, when a person is app0ointed and enrolled as police
officer, and it is not correct to say that the mere issue of the certificate
puts its holder beyond the reach of rule 12.21 even if it is found that he is
unlikely to prove an efficient police officer and has not completed the period
of three year after his enrolment. The
Superintendent of Police, Ludhiana and another vs. Dwaka Das, 1979 (1) S.L.R.
299.
4.
Computer
authority. Police Force is a special kind of force for which merely passing of
examinations and tests is not enough Certain other qualities are required as
stated in rule 19.5 of the Police Rules. It was wrong that there are no guide
lines indicated in the rule for the exercise of the power by the competent
authority under rule 12.21 of the Police Rules. The guide lines are stated in
Chapter XIX, particularly rules 19.3 and 19.5. The competent authority
exercises the power under rule 12.21 on certain reports and not in an arbitrary
manner. It cannot, therefore, be said that the competent authority under rule
12.21. exercises any arbitrary power. Sawaranpuri
vs. State of Haryana, 1970 Cur. L.J. 462=1972 P.L.R. 771.
5.
Discharge. Original order of discharge (Annexure P-=1)
was set aside and the petitioner was reinstated in service from the date of his
discharge and that order of reinstatement could not be reviewed by the
authorities as there is no provision for the same, Shishpal vs. State of Haryana, 1991(2) RSI 379.
6.
Discharge
during probation on the basis of unauthorised absence. Without going into the
merits of the fact whether the petitioner has absented himself un auhtorisedly
or was in fact under medical treatment and what is the evidentiary value of
letter like Annexures P-3 and P-4, I am of the view that the impugned order
though couched in simple language is in fact by way of punishment as the whole
basis is the misconduct of the petitioner of having absented unauthorisedly
during the training course. Admittedly no enquiry was held prior to passing the
order of discharge. Om Parkash vs. state
of Haryana and others, 1991(4) S.L.R. 75=1992(1) RSI 13
7.
Discharge
from service for being absence from duty for a few hours. We find that no doubt
under Rule 12.21 of the Punjab Police Rules a Constable who is found unlikely
to prove and efficient police officer may be discharged by the Superintendent
at any time within three years of enrolment”, but the order of discharge
cannot be based on some minor or
trivial stray incident, as the language of the rule is clearly indicative of the intention of the rule makers; that the
Constable has to be found unlikely to prove and efficient police officer, which
can only be on the basis of opinion formed by the authorities by consistent
lapses or misbehaviour on the part of the Constable which should be
incompatible with his efficiency. These tests are completely missing in the
present case and we are satisfied that
the impugned order is wholly arbitrary in as much as mere absence from duty for
a fee hours, although even that allegation is disputed by the petitioner, is
not sufficient to be the basis of the order of discharge. Dinesh Kumar vs. State of Haryana and others, 1992(1) S.L.R. 582.
8.
Discharge—No
material on record to come to the conclusion that the constable was likely to
prove a good Police Officer. There is absolutely no material on the record to
prove that the plaintiff was not likely to prove a good police officer for
which he could be discharged from service under Rule 12.21 of the Rules. It is
evident from the said rule that the Constable shall be kept under close
supervision and reported on at intervals
of six months in From 195(1) by the Sub-Inspector or Inspector under whom he is
working through his gazetted officer to the Superintendent of Police, No such
six-monthly report has been brought on the record on behalf of the defendants.
In the circumstances, there is no illegality in the concurrent findings of the
two Courts below as to be interfered with in second appeal. Punjab State through Secretary to Government
of Punjab Home Department, Chandigarh
and anr, v.s Joginder Singh, Ex-Constable, 1989(3) S.L.R. 665.
9.
Discharge
of Police Constable. The Deputy Superintendent (Admn) exercises the powers of
the Superintendent of Police of a Civil District. The order of discharge made
by Deputy Superintendent of Police, therefore, was within jurisdiction. Sawaran Puri vs. The State of Haryana, 1970
Cur. L.J. 462=1972 PlR 771.
10.
Discharge
of police constable after the grant of certificate under rule 12.22 whether
permissible. No constable can be discharged under rule 12.21 after the grant of
the prescribed certificate under rule 12.22 to him is to say that rule 12.21 is
non-existent, and can never come into effect. This argument was repelled by the
Division Bench in Karan Singh’s case and we are in full agreement with the view
taken by this Court. Jai Singh,
Ex-Constable vs. State of Haryana and others, 1977(2) S.L.R. 371.
11.
Discharge—Reinstatement.
Another significant aspect of the matter is that the original order of
discharge (Annexure P-1) was set aside and the petitioner was reinstated in
service from the date of his discharge
and that order of reinstatement could not be viewed by the authorities
as there is no provision for the same. Shishpal
vs. State of Haryana and others, 1991(4) S.L.R. 9-1991(3) RSI 379.
12.
Discharge
– Relieved after more than 3 yeas and 4 months of service. Under provision of
P.P.R. 12.21 a constable who is found unlikely to prove an efficient police
officer ma be discharged by the Superintendent of Police at any time within
three years of enrolment. But in the instant case the petitioner was enrolled
as a Constable in 1984 (6.2.1984) and the competent authority has passed the
impugned order relieving him w.e.f. 20.6.1987, i.e., after more than 3 years
and 4 months. Shishpal vs. State of
Haryana and others, 1991(4) S.L.R. 9=1991(3) RSI 379.
13.
Discharge
within a period of three years of enrolment. The Appointing authority of the
petitioner had considered has record of
service on 10.2.1983 and decided to discharge him from service under rule 12.21
of the Rules. So far as the appointing authority is concerned, it exercised its
power well within the period of three years communicated to him five days
later, i.e. on 15.2.1983 and qua the petitioner it became effective on that
date and he is entailed to salary till 15.2.1983. The assertion of the
petitioner that he had unblemished record of service has been found to be
incorrect. Besides punishment awarded to him at three occasions for lapse on
his part in stance of his absence from duty
recorded in the office file, which was also placed before the appointing
authority. He willfully absented himself from duty for about ten hours from
10.P.M. on 1.12.1982 to 8.30 A.M. on 2.12.1982. he made an excuse that he was
not feeling well but his version was disbelieved.
In
view of the instances of lapse on the
part of the petitioner in the performance of his duties mentioned in the
written statement as also recorded in the office file which were taken into
consideration by the appointing authority while exercising power under the
aforesaid rule, no fault can be found with the said order. The contention of
the learned counsel for the petitioner that the order Annexure P.5 is not a
speaking order has also no force. It is a simple order of discharge and no
reasons in support of the same were required to be given. Vinod Kumar vs. State Haryana and another, 1986(3) S.L.R. 311.
14.
Discharge within period of three years under rule 12.21. The petitioner
having once undergone a rigorous training and various tests provided by the
various sub-rules of rule 12 and sub-rules (2) and (3) of rule 19 there can be
no question of his being declared to be not likely to be an efficient police
officer. We are unable to find any force in this argument. Rules 19.2, 19.3 and
19.4 are succeeded by rule 19.5 which by way of abundant caution makers it
clear that all the provisions contained therein are subject to rule 12.21. the
initial training provided for in the
various provision of rule 12 is in order
to qualify a constable for enrolment. The period of three years during which a
constable can be discharged under rule 12.21 is in the nature of a probationary
period. The fact that a constable undergoes training and rigorous tests rule
12.21. Jai Singh, Ex-Constable vs. State of Haryana
and others, 1977(2) S.L.R. 371.
15.
Natural Justice – Discharge of enrolled constable. It cannot be
disputed that he from of the order is not decisive as to whether the order is
simple order of discharge under Rule 12.21 of the Rules. It is always open to
the Court before which the order is challenged to go behind the form and
ascertain the true character of the order. If the Court holds that the order
though in the form is merely a determination of employment is in reality a
cloak for an order of punishment, the court would not be debarred, merely
because of the form of the order, in giving effect to the rights conferred by
law upon the employed. It gives an absolute power to the Superintendent of
Police discharge a constable who is found unlikely to prove an efficient police
officer. This rule applies where the constable is found not upto the mark in
discharging his official duties. It relates to his functioning as a police
constable. If an objective data available, the Superintendent of Police opines
within three years of the enrolment of the Constable that he is not likely to
prove an efficient police officer, the Constable can be discharged from service
under the Rules. If he is accused of misconduct, then he is to be dealt with
under Rule 16.24 of the Rules. Rule 16.24. lays down the procedure to be
followed in departmental enquiries. If a Police Officer is accused of
misconduct, the superior officer may direct an enquiry to be conducted against
him unless the allegations are such that it can form the basis of criminal
charge, the superior officer shall decide at that stage whether the officer
accused of misconduct shall be tried
departmentally firs and judicially thereafter. Jagit Singh, Ex-Constable vs. The Director General of Police and
another, 1990(6) S.L.R. 700=(1)RSI 654.
16.
Order of discharge. No departmental enquiry held against him. Purpose
of impugned order found to be punitive. Jagit
Singh vs. Director General of Police and others, 1991(1) RSJ 654
17.
Police officer cannot be discharged from service on account of
misconduct of absence from duty. Even
though a reference has been made to Police Rule 12.21, yet it has been clearly
stated herein that the petitioner had been dismissed from service w.e.f. May
30, 1990. It is also clear from a perusal of the documents on record as also
the written statement that the petitioner was accused of being absent from
duty. He had been called upon to show cause as to why action be not taken
against him. In this situation, it is apparent that the petitioner was not
merely discharged from service but had been punished on account of the alleged
misconduct. Such an order could not have been passed except after the grant of
a due and reasonable opportunity of hearing as contemplated under the
provisions of the Punjab Police Rules and Article 311 of the Constitution. Paramjeet Singh vs. State of Haryana and
others, 1991(6) S.L.R. 313 = 1991(2) RSJ 705
18.
Power
to discharge a recruit. The Police Rules disclose that the constable are
appointed under rule 12.12. They are recruited and then their names are entered
in the register of recruits. Thereafter, their physical fines is ascertained
under rule 12.15. They are subjected to medical examination under rule 12.16
and after they have been declared medically fit, they are enrolled in the order
book in Form 12.13. Thereafter the recruit is sent to the Lines officer who
personally places him in the charge of the Chief Drill Instructor and thereafter
his training starts. Rule 12.18 prescribes for the verification of the
character of the recruit. rule 12.20 deals with dated of enrolment. Then
follows rule 12.21 which confers powers on the Superintendent of Police to
discharge a constable. In the context of the Police Rules, it appears that this
Rule is meant to finally screen suitable persons who should be appointed to the
police force. It is after a period of three years screening that a recruit is
entitled to be enrolled as a police constables and then a certificate of
appointment is issued to him in the Form 12.22(1) unless within the period of
three years, he is discharged from service. There is no rule in the Police
Rules providing for confirmation of temporary police constables. It is evident
from the scheme of the Police Rules that the power to discharge a recruit, and
here I must emphasise that all recruits are temporary hands, is with the
Superintendent of Police and has to be exercised by him within a period of
three years from the date the constable is brought on the register of enrolled
recruits. As a matter of fact, under rule 12.18, a recruit can be provisionally
enrolled pending, the result of reference as to his character. Therefore, if
the intention was that a person should still remain a temporary hand after a
certificate to him had been issued under rule 12.22, the framers would have
made a similar provision as has been made in rule 12.20 namely that he will
still be a provisional hand in the police force.
After
reading the rules in Chapter XII in their proper context, the result is that a
constable who has obtained a certificate under rule 12.22 cannot be dealt with
under rule 12.21. If he is to be removed from service, procedure prescribed in
Chapter XVI has to be followed. It is, therefore, obvious that the order of
termination of the petitioner under rule 12.21 is not justified by the Police
Rules and, therefore, must be quashed.
We
may make it clear that we are not pronouncing upon the fitness of the
petitioner to be retained in the police force. That is a matter which the
Superintendent of Police or any competent authority in this behalf is entitled
to determine. It will be open to them after following the procedure prescribed
in Chapter XVI to dispense with the services of the petitioner if they are of
the opinion that he is not a suitable person to be retained in the police
force. We are only striking down the order because the order could not be
passed under Rule 12.21. Shri Dwarka Dass
vs. The Superintendent of Police, Ludhiana and other, 1968 S.L.R. 760
19.
Power to discharge at any time within three years. Every service is
governed by its own reles. No service rule can be struck down as being ultra
vires Article 16 of the Constitution merely because it is more vigorous than
the corresponding rule for some other service of the State or because its equal
cannot be found in any other service. Eualityd of o9pportunity is guaranteed
amonst equals. Inasmuch as the rule is the same for all the Constables in the
Punjab Police Force the argument of discrimination is wholly fallacious. Jai Singh, Ex-Constable vs. State of Haryana
and others, 1977(2) S.L.R. 371
20.
Power to discharge. We are fortified in this view of ours by the
authoritative pronouncement of their Lordships of the Supreme Court in S.P. Vasudeva vs. State of Haryana and
others, AIR 1975 SC 2292. Indeed Mr. Saini concedes that if the constable
covered by rule 12.21 can be equated to a probationer, he cannot press this
argument. His submission however, is that according to rule 13.18 the constable
are not governed by any rule as to probation. There is no doubt that rule 13.18
which refers to probationary period neither has not can have any application to
constables, but the provisions of rule 12.21 provide for same kind of
probation, and though this is not called a probationary period, it is in fact
nothing short of making a special provision of that nature. Article 311 of the
constitution has, therefore, no application to this case. Jai Singh, Ex-Constable vs.
State of Haryana and others, 1977(2) S.L.R. 371
21.
Power under –- Can be exercised only within three years of the
enrolment of Constable. Only point on behalf of the appellant is, that this
case was fully covered by the decision of the Division Bench in Dwarka Das’s case (ibid), the ratio of
which would be binding on this Bench. In other works, he reiterates point No. 3
conversed by him before the learned Single Judge and maintains that the issue
of the certificate under rule 12.22(1) had conferred on the appellant the
substantive rank of the constable vesting him with the powers, functions and
privileges of a police officer. The argument proceeds that the appellant thus
had a right to hold the post and his summary discharge amounts to a punishment,
which could not be awarded without complying with the procedure laid down in
Article 311, the Police Rules indicate that every person is enrolled in Police
Force on a sort of probation for a period of three years and during this
period, at any time, the Superintendent of Police can discharge him from
service, if it is found that he is “unlikely to prove an efficient Police
Officer”. This is provided in rule 12.21.
A
plain reading of rule 12.22(1) and the prescribed form shows that this
certificate is issued at the time of enrolment and not as proof by his having
satisfactorily completed the three years’ period of ‘probation’. Indeed, in the
instant case, this enrolment, viz November 17, 1966. Of course, three are some
observations in Dwarka Das’s case (ibid)
that such a certificate in the prescribed Form under rule 12.22(1) is to be
issued only after the satisfactory completion of the three years’ probation by
a recruit and that a Constable who has obtained such a certificate cannot be
dealt with under rule 12.21. These observations as rightly pointed out by the
learned Single Judge, “having to be taken in the context of that case and in my
opinion, cannot be applied to the case of a constable who is discharged from
service before the expiry of the three years by the Superintendent of Police
under the power vested in him by rule 12.21”. The distinguishing feature of
Dwarka Das’s case, was the constable’s services were terminated as no longer
required after he had satisfactory completed three year’s service from the date
of his recruitment. In other works, the power under Rule 12.21 can be exercised
only within three years of the enrolment of Constable and no thereafter. Since
that period of three years had expired, Dwarka Das Could not be validly
dischargedunder rule 12.22(1). Karan
Singh vs. The State of Punjab and others, 1972 S.L.R. 624
22.
Probationer – Removal from service – Juniors retained – Validity. There
is not even a word either on the record or otherwise to show that the enquiry
with respect to the alleged misconduct was to find out the suitability to
retain in service. It is obvious that the enquiry was with and intention to
punish the delinquent plaintiff as well as Jasbir Kaur. In order to find out
whether an apparently nocuous order is in substance by way of punishment, one
has to look on the facts which preceded and succeeded. In order to do
substantial justice, the Court can go behind an ostensibly innocuous order to
find out the real nature of the order by removing veil. Undoubtedly, the
impugned order by which the plaintiff who was a probationer and, has been
removed does affect her reputation as a female member of society as well as her
future chances of service. Had an opportunity been given to her, she would have
shown that the alleged misconduct attributed to her in no way affected her
being an efficient police officer to be retained in police service. At any rate
the discharge of the plaintiff from service is totally discriminatory as the
alleged misconduct similarly attributed to Jasbir Kaur was no found to be
sufficient to hold that she will not prove to be an efficient police officer. Punjab State and another vs. Smt. Kamlesh
Kumari, 1988(1) S.L.R. 614
23.
Temporary employee – Discharge of on the ground that he having been
found unlikely to prove an efficient Police Officer. The impugned order of
discharge from service was no made in accordance with Rule 12.21 of the Punjab
Police Rules. 1934 and in accordance with the terms and conditions of the
letter of appointment but it was made by way of punishment. The Commandant –
respondent No.2, vide his dated 29.9.1987 had asked the petitioner to resume
duty otherwise departmental action would be taken against him. In the
background of these facts and circumstances it is clear that the impugned order
of discharge from service was made on the ground of his misconduct i.e. absence
from duty and it is penal in nature. In the case of Rajinder Kaur vs. Punjab State and another, 1986(3) SLR 78,
replying upon the decisions in the cases of Shamsher
Singh and another vs. State of Punjab, 1975(1) SCR 814 and Anoop Jaiswal vs. Government of India and
another, 1984(2) SCR 453, the Supreme Court held that the impugned order of
discharged though couched in innocuous terms, was merely a camouflage for an
order of dismissal from service on the ground of misconduct. That order was
made without serving the appellant any charge-sheet, without asking for any
explanation from her and without giving any opportunity to show cause against
the purported order of dismissal from service and without giving any opportunity
to cross-examine the witnesses examined, that is, in other words in total
contravention of the provisions of Article 311(2) of the Constitution. Rajender Singh vs. State of Haryana and
another, 1989(2) S.L.R. 79 = 1991(1) RSJ 761
24.
Termination of services of temporary lady constable. The impugned order
of discharge though couched in innocuous terms, is merely a camouflage for an
order of dismissal from service on the ground of misconduct. This order has
been made without serving the appellant any charge-sheet, without asking for
any explanation from her and without giving any opportunity to show cause
against the purported order of dismissal from service and without giving any
opportunity to cross-examine the witnesses examined, that is, in other words
the order has been made in total contravention of the provision of Article
311(2) of the Constitution. The impugned order is, therefore, liable to be
quashed and set aside. A writ of certiorari be issued on the respondents to
quash and set aside the impugned order dated 9.9.1980 of her dismissal from service. A writ in the
nature of mandamus and appropriate directions be issued to allow the appellant
to be reinstated in the post from which she has been discharged. The appeal is
thus allowed with costs. The authorities concerned will pay all her emoluments
to which she is entitled to in accordance with the extent rules as early as
possible in any case not later than
eight weeks from the date of this judgment. Rajindar
Kaur vs. Punjab State and anr. 1986(3) S.L.R. 13.
25.
Termination – put in six years of services as constable and obtained
certificate under Rule 12.22. The petitioner having been recruited as a
Constable on May 11, 1967, his service could be terminated by the
Superintendent of Police under rule 12.21 till May 10, 1970. The Superintendent
of Police could not invoke his authority under rule 12.21 of the Rules after
the expiry of three years with effect from May 11, 1967. The impugned order
Annexure P.1 having been passed on July 16, 1973, is violative of Article 311
of the Constitution read with rule 12.21 of the Rules.
It
is clear that the impugned order Annexure P.1 having been passed after expiry
of three years of the enrolment of the petitioner as a constable cannot be
sustained. The instructions dated December 11, 1963, issued by the deputy Legal
Remembrancer and referred to in the written statement of the Superintendent of
Police, Hoshiapur, are hardly relevant to the point under consideration. In the
first place these instructions do not lay down that the service of a police
constable who has put in more than three
years can be terminated under rule 12.21 of the Rules by giving him tow months’
notice. And secondly any such instruction, if so issued, shall have to be
ignored being illegal. Curdev Singh,
Constable vs. State of Punjab and others, 1982(2) S.L.R. 365.
12.22. Certificate of appointments. – (1) Every
enrolled police officer shall be given a certificate of appointment in the form
prescribed by the Police Act (Form 12.22 (1)) and shall sign a receipt therefor
in his character roll. Such certificate shall be signed by the gazetted officer
empowered to make the appointment.
(2) Such certificate shall be in abeyance
during periods of suspension and shall be surrendered on leaving the service.
SYNOPSIS
1. Appointment
of the post of DIG. The Additional
Supdt. of Police who initiated the disciplinary proceedings against the
petitioner, has not been mentioned under Section 7 of the Police Act, 1861 as
one of the authorities competent to do so. The service record of the petitioner
also contained entries indicating that the verification of the service of the
petitioner from 18.7.1949 to 31.12.1961 was made “ for Senior Supdt. of Police,
Delhi”. The service roll of the petitioner
indicates that the appointing authority of the petitioner was the Senior
Supdt. of Police. Lakhi Ram vs. Union of India and others,
1989(7) S.L.R. 365.
12.23. Trackers.
– (1) In districts where tracking by indigenous methods is an established
custom, professional trackers may be appointed to the police by Superintendents
either as constables or head constables according to their qualifications and
up to the age of 35 years.
(2) The
physical standards prescribed in rule 12.15 shall not be obligatory in the case
of trackers, but rules 12.16 and 12.18 shall apply to them. Trackers, who prove
unsatisfactory in respect of character and skill, may be discharged at any
time. Men enlisted as trackers shall not be promoted or transferred for general
police duties, unless they are thoroughly qualified for such duties.
(3) The
number of professional trackers to be enrolled in any district, and the number
of such appointments which may be made in the rank of head constable, shall be
fixed by the Deputy Inspector-General from time to time, in accordance with the
requirements of the criminal situation and the interests of interests of the
service. Professional trackers should ordinarily be employed entirely as such
and should not be trained in drill, musketry or the general duties of a police
officer. Men so enrolled and employed shall be issued with an appointment certificate (rule 12.22),
but shall receive only a partial issue of uniform and equipment, comprising
warm clothing and such articles of the full kit as are necessary for their
duties.
(4) When
considered advisable one or more trackers may be enlisted in sanctioned
additional police appointments.
(5) The
indigenous system of tracking is based on hereditary lore and custom; and
utility of a tracker skilled in that system is, therefore, limited in the main
to the area in the neighbourhood of his home, or to areas of similar physical
characteristics inhabited by people of similar habits and customs. For these
reasons it is useless to import to an area where local trackers are
unobtainable a tracker from a distant and dissimilar area. In cases where a
professional tracker is both willing to serve away from his home, and is proved
by practical tests to be capable of exercising his skill successfully
under the conditions in which it is
desired to employ him, he may, with the sanction of the Deputy
Inspector-General, be enrolled.
12.24. Enlistment
of ex-soldiers, reservists and ex-police officer. – (1) Re-enrolment in the
rank of constable is permitted and past service will count for pension under
the following conditions and subject to the further conditions as to pensions
contained in rule 9.2 and 9.29:---
(a)
Ex-soldiers
of the Indian Army and ex-members of police forces ( including Military
Police), paid for from the general revenues of India, may be enlisted as
constables on production of a discharge certificate showing their previous
service to have been “good” or of higher classification, and if they fulfil the
physical and other standards required by these rules for first appointments.
They must also be passed medically fit
by the same standards as are applied to recruits.
(b)
Age
on the date of re-enrolment in the police must be below 30, but ex-Punjab
police officer, and, with the special sanction of the Inspector-General n each
case, ex-soldiers and ex-members of other police forces may be re-enlisted up
to the age of 55, if they present themselves for re-enrolment and are found
medically fit within two years of [voluntarily taking For Punjab only] their
discharge.
(c)
The
break of service between the date of enrolment in the police and the date of
discharge from previous army employed shall nto exceed two years, and there
must not have been more than tow breaks of service in all.
(d)
No
claim to count previous service for pension shall be allowed unless the
previous service claimed was declared and verified at the time of enrolment in
the police.
(e)
Service
in body of additional police shall be counted for increments in the case of a
constable transferred to the regular force immediately on such transfer.
(2) No
class A Army reservist or member of Indian Territorial Force may be enrolled in the police until he
has resigned his appointment in such force.
Cavalry
and Infantry reservists of the Indian Army below the age of 30 years may be
enrolled, provided that their military service records show good conduct. Such
reservists shall not be required to
undergo annual military training provided that it is certified that they are
trained in drill and fire a musketry course each year. The certificate will be
signed by the Assistant Inspector-General, Government Railway Police, Punjab,
or by the Superintendent of Police of the district in which the reservist is
serving.
The
ordinary police musketry course is sufficient for this purpose, vide Government
of India, Home Department letter No. F- 28/11/31 Police, dated the 22nd
September, 1931.
Reservists
of other branches of the Indian Army may also be enlisted in the police,
provided that the conditions of their reserve service and periodical training
as laid down in paragraph 170 of the
Regulations for the Army in India do not interfere with their police duties.
The
total number of all classes of reservists should not exceed five percent of the
sanctioned strength of constables in each district. They should be released
from employment immediately mobilization is ordered to enable them to rejoin
the colours.
(3) Claims
to count service for pension shall, when the above conditions are fulfilled, be
dealt with as required by rules 9,2, 9.3
and 9.29. In the case of previous military service, the condonation of breaks
and admission to count for police pension require the sanction of the local
Government. Such claims must therefore be for warded through Deputy
Inspectors-General to the Inspector-General for obtaining such sanction.
(4) Original
discharge certificates, character rolls and service books, or such of those
documents as may be available, shall be submitted in support of claims under
this rule.
NOTE:-- A case in which it is desired to appoint a person,
with previous military or police service, to a rank of and above that of head
constable, shall be decided in the light of so much as is applicable of this
rule read with other rules in this chapter.
12.25. Re-enrolment of Police Pension. – (1) Under the
rule orders contained in Articles 511 to 519, Civil Service Regulations, a
police officer who has been discharged with a compensation or invalid gratuity
or pension may be re employed in the police service up to the age of 55 subject
to the following conditions.
(a)
He
nay either refund the gratuity or cases
to draw pension, in which case he may count his former service for future
pension, or he may retain his gratuity or pension in which case he cannot count
his former service towards future pension.
(b)
He
shall be re-examined by the Civil Surgeon of the District in which he has been
re-employed and certified as medically
fit for service, and shall produce a discharge certificate showing that his
previous service was classed as not lower then “good”.
(2) The order re-enrolling such officer shall
specified state the amount of any gratuity, bonus or pension received by him on
discharge, and a copy of such order shall be communicated to the
Accountant-General. Directions shall also be given, if necessary, for proper
deduction to be made from his pay.
SYNOPSIS
1.
Judicial Set up.
COMMENTS
1.
Judicial
set up. Recourse to the legal proceedings can be had one police constable or
more police constables collectively if their grouse is made. Certain
collections are made by those aggrieved constable, to meet out the litigation
expenses the same would not amount to misconduct under Rule 12.25(4) of the
Rules Constable Gurmukh Singh vs. The
State of Punjab and others,1992(1) RSJ 757
12.26. Inter-district transfers. – Exchange of
appointment between lower subordinates in district of the same range, or
between such police officers in the railway and district police, may be
effected subject to the approval of the Superintendents concerned (or of the
Assistant Inspector-General in cases affecting the railway police). A lower
subordinate may be transferred to fill a vacancy in a district other than that
in which he is serving only with the sanction of the Deputy Inspector-General
of the range. In cases of transfer from and to district in different ranges, or
from and to the railway police, the sanction of both Deputy Inspector-General
concerned and the Assistant Inspector-General, Government Railway Police, is
required.
12.27. Dismissed persons not to be enlisted. – No
person who has been dismissed from any Government employ shall be enrolled in
the police without the special sanction the Inspector-General.
12.28. Character rolls. – A character roll in Form
12.28 shall be prepared and maintained for each enrolled police officer. Each
roll shall be paged and extra pages or papers added shall be given a page
number and attached in chronological order.
12.29. Attestation of recruits and preparation of
character rolls. – When the formalities required by rule 12.18 have been
completed, and the recruits has served for one month and received the
instruction prescribed in rule 19.18, his character roll shall be prepared in
his presence. When the roll is otherwise complete the recruits shall be taken
before a gazetted officer and required to sign the agreement printed as item 4
in the roll and the rolled impressions of the thumb and fingers of his left
hand shall be taken in the space provided for the purpose. The gazetted officer
before signing the roll shall satisfy himself that the recruit understands the
purport of his agreement, and shall explain to him the purport of rule 9.7 and
give him the opportunity of claiming alternation in his recorded age.
12.30 Matters to be entered in character rolls – All routine entries in
character rolls shall be attested by a gazetted officer. Important entries
shall ordinarily be made by the Superintendent or a gazetted officer under the
orders of the Superintendent.
12.31
Points
to be attended in maintaining character rolls – In compiling and maintaining
character rolls the following points shall received attention :-
(i)
The
authority for transfer beyond the district shall be entered.
(ii)
A
note shall be made of the result of verification of character with a reference
to the original report in the vernacular personal file.
(iii)
Every
entry under items 13, 14 and 15 respectively shall be given as serial number
and shall be signed and dated by a gazetted officer.
(iv)
Major
punishments shall be entered in red ink and minor punishments in black ink.
(v)
Particular
care shall be taken to ensure the accuracy of entries under items 6 and 21.
Inspecting officers, when checking character rolls, should verify a proportion
of such entries by reference to the order book and acquittance rolls.
12.32
Records
to be attached to character rolls – The following records shall
be
attached to character rolls:---
(a)
Health
Certificate (form 10.64);
(b)
Medical
history sheet [form 12.32(b)];
(c)
Leave
account (F.R. form No. 9-A. O>S. 113-A);
(d)
Statement
of land held in case of Head constable [form 14.23(1)(a)];
(e)
Record
of posting [form 12.32(e)];
(f)
Progress
report on probationary inspectors, sub-inspectors and Assistant sub-inspectors
(form 19.25);
(g)
Sheet
showing marking system in connection with promotion to the selection grade of
constable [form 13.5(6)].
12.33 Transcribing of character rolls and extracts therefrom – Whenever
it is found necessary to transcribe character and service rolls each separate
page shall be attested by the full signature of the Superintendent who causes
the copy to be made, or of a gazetted officer acting under his orders.
Below the last entry in a character
and service roll thus copied a certificate shall be appended by the
Superintendent to the effect that he has carefully compared the copy with the
original and that it is correct.
Extract shall be attested by the
full signature of the gazetted officer who orders them to be made.
12.34 Nature of entries to be made in character rolls – Entries of a
commendatory nature in character rolls shall ordinarily be restricted to copies
of commendation certificate awarded. Remarks of a general nature, favourable or
adverse, regarding an officer’s character or services may appropriately find a
place in confidential annual reports, recommendations for promotion and the
like, and, in such form will be recorded in the personal files of upper
subordinates. When a District Magistrate, Superintendent of Police or other
gazetted police officer wishes formally to record his favourable opinion of an
officer apart from the record of any specific act, such remarks should be made
and presented to the officer concerned
in the form of a commendation certificate Class III (rule 15.3). Copies shall
not ordinarily be entered in the character roll. When a judicial officer other
than a District Magistrate desires to bring to notice good work on the part of
an enrolled police officer, he shall do so by means of a letter to the
Superintendent of Police, who may, if he sees fit, cause a commendatory entry
to be made in the character roll of the police officer concerned, giving him a
copy of such entry. Such entries shall not ordinarily be made. Rule 16.8
regulates the record of censures in character rolls.
(2) The procedure specified in
sub-rule (1) above is the only one authorized for the record of commendations,
other than specific rewards granted under the provisions of Chapter XV. Police
officers are strictly forbidden either themselves to give to their subordinates
or to accord any recognition to private and unauthorized testimonials from
others.
12.35 Custody of character rolls – Character and service rolls shall be
kept in a locked cabinet containing a sufficient number of drawers for the
purpose. The rolls of upper subordinates shall be kept in the upper drawers,
and those of lower subordinates in the other drawers, according to their
district constabulary numbers.
The rolls of men who have quitted
the service or died shall be kept in a separate drawer for three years, after
which they and the vernacular personal files (rule 12.39) relating to them
shall be destroyed.
12.36 Service Books – (1) Service books in form F.R. 10 as required by
Articles 73 and 74, Civil Account Code, shall be maintained for all upper
subordinates and establishment appointed otherwise than under the Police Act to
whole-time pensionable employment.
(2) Service books shall be kept in
the office in which the pay of the person concerned is drawn. Entries in
service books shall be in English and shall be properly attested by the
Superintendent. When non-gazetted officers are officiating in gazetted
appointments their service books shall be kept by the head of the office to
which they are posted, and when they are confirmed in such appointments the
books shall be sent to the Accountant-General, Punjab, for record.
(3) The service books in each office
should be taken up for verification of pensionable service at a fixed time each
year, say in January, by the head of the office who, after satisfying himself
that the services of the Government servant concerned are correctly recorded in
his service book, should record in it a certificate in the following form over
his signature:---
“Service verified up to ………………
(date) from …….. (the record from which the verification is made).”
The head of the office in recording
the annual certificate of verification should, in the case of any portion of
service that cannot be verified from office records, distinctly state that for
the excepted periods (naming them) a statement in writing by the Government
servant, as well as a record of the evidence of his contemporaries, is attached
to the book.
(4) When a non-gazetted officer is
transferred form one office to another the head of the office under whom he was
last employed, should record in the service book over his signature the result
of the verification of service, with reference to pay bills and acquittance
rolls, in respect of the whole period during which the officer was employed
under him before forwarding the service book to the office where the services
are transferred.
The above-mentioned instructions
apply to clerks on the police clerical cadre and to all upper subordinates.
(5) In this connection the character
rolls of lower subordinates may be considered to be service books, and before a
lower subordinate is transferred his services up to the date of transfer should
be verified from office records and the necessary certificate given in the
character roll.
12.37 Personal files of gazetted officer – A personal files shall be
maintained by the Inspector-General of each gazetted officer. This shall
contain,---
(a)
Articles
of agreement.
(b)
Names
and addresses of nearest relatives.
(c)
Statements
of land held, with particulars of locality.
(d)
Distinctions
granted.
(e)
Annual
confidential reports.
(f)
Such
other papers as the local Government may order, or the Inspector-General may
consider desirable, to have place on the personal file.
Officers
shall inform the Inspector-General of all changes in respect of land held by
them.
12.38 English personal files of upper subordinates – (1) An English personal file with an
opening sheet in Form 12.38(i) shall be maintained in the original in the
office of the Inspector-General for each Inspector and Sergeant and for each
Sub-Inspector, whether of the prosecuting or of the General Line, whose name is
entered in list ‘F’ and in the office of the Deputy Inspector-General and the
Assistant Inspector-General of the Government Railway Police for all other
Sub-Inspectors and for Assistant Sub-Inspectors. Duplicate personal files of
Indian Inspectors of the General Line, of Sub-Inspectors on List ‘F’ and of all
Sergeants shall be kept in the offices of the Deputy Inspector-General and the
Assistant Inspector-General of the Government Railway Police. These duplicate
personal files will be transferred from office to office as necessitated by
transfers of the officers concerned, and will continue to be maintained until
the officers are confirmed, Inspectors and ‘F’ list Sub-Inspectors in Gazetted
rank, and Sergeants in the rank of Inspector. On such confirmation duplicate
personal files will be destroyed by the Officer in whose custody they are at
the time.
(2) In such personal files shall be
recorded,---
(a)
the
original confidential annual reports submitted by Superintendents.
(b)
any
remarks regarding the working and character of officers which the
Inspector-General or Deputy Inspector-General may deem fit to enter.
(3) Part I of
the Personal File
should be prepared by Superintendents of Police personally before
submission of higher officers for signature and should not merely be a copy the
officer’s original application for employment. Only such details should be
entered as have been fully verified. Care should be taken that only near
relations should be given under serial No.9 and the exact degree of
relationship should always be shown.
(4) English personal files of upper subordinates shall
be confidential records, and shall not be destroyed during the life time of the
officers concerned.
(5) Personal files are confidential
documents maintained by government for its own purposes. Reporting officers are
entitled to assume that their remarks will be treated as confidential, i.e.,
they will be divulged only to Government through the correct channels and by
Government, at the discretion of Government, only to the officers concerned.
The giving of copies of personal files or extracts therefrom is, therefore,
prohibited. It is, however, permissible for the Inspector-General or higher
authority to give to officers, who have retired or are on the point of
retirement, a letter in which their official record is summed up.
12.39 Vernacular personal files – A vernacular personal file (fauji
misal) shall be maintained in each district office for every upper and lower
subordinate serving in the district. The filed are intended for the record of
original orders and papers concerning an officer’s service and conduct, and are
supplementary to the character roll.
(2) Each officer’s personal file
shall contain:---
(a)
the
lambardar’s certificate as to his character, given on enrolment.
(b)
All
punishment files or attested copies of orders of punishment (rule 16.24(iv)).
(c)
Orders
and other records of minor punishments not entered in the character roll.
(d)
Other
papers which it is desirable to keep on record.
(3)
Personal
files shall be arranged according to provincial, range and district
Constabulary
numbers and each file shall be paged and an index thereof kept in Form
12.39(3).
12.40 List of vacancies – The orderly head constables shall maintain a
list of vacancies in form 10.86, omitting columns 14 and 16.
12.41 Long Roll – (1) A vernacular long roll in Form 12.41(1) containing
the name of every enrolled police officer subordinate to he Superintendent
shall be maintained in each district by the orderly head constable as a
permanent record. The entries shall be made by provincial, range and
constabulary numbers, and space shall be left under each number for six fresh
entries.
(2)
When
a constable or head constable is struck off the establishment for any cause or
promoted to a rank bearing a provincial or range number his constabulary number
shall be given to his successor in office, whose name shall be entered
immediately below the former entry.
(3)
Constabulary
numbers, except on occasions of promotion to a rank bearing a provincial or
range number of transfer to another district, shall not be changed.
(4)
In
the column of remarks a note shall be made of each punishment awarded, giving
the serial number and year of the entry in the punishment register.
(5)
The
long roll is a mot important record and should be checked by a gazetted officer
at least twice a year. It is the basis for the preparation of discharge
certificates (rule 14-12), is frequently required for reference in pension
cases and is the only record of the service of a man who has left the force,
after his character roll has ben destroyed under rule 12-35.
14-42. Zaildars or honorary police officers. –
(1) With a view to enlist the assistance of persons of character and influence
in rural districts, a certain number of this class shall, subject to budget
provision, be appointed zaildars or honorary police officers with an annual
honorarium of not less than Rs. 150 each. Such honoraria shall be drawn by
Superintendent in special establishment bills in which the names of the
zaildars shall be given and the sanction to appointment quoted.
(2)
On
a vacancy occurring in the office of a police zaildar, the District Magistrate,
with the concurrence of the Superintendent, may appoint a police zaildar,
subject to confirmation by the Commissioner.
(3)
Each
police zaildar shall be responsible for the prevention and detection of crime
in the group of village which may be assigned to him as his zail or sphere of
duty. He shall report verbally, or in writing, at his option, to the officer
in-charge of the police station in which his zail is situated, all cognizable
cases which occur within such zail. Such zaildar shall be subordinate to the
officer in-charge of the police station in which his zail is situated, and they
shall mutually aid one another to the best of their ability.
(4)
Police
zaildars shall be liable to any departmental punishment except dismissal. The
District Magistrate may, with the concurrence of the Superintendent, dismiss a
police zaildar; or, in the event of a difference of opinion, the matter shall
be referred to the Commissioner, whose decision shall be final.
(5)
When
the District Magistrate considers it necessary to create a new zail be should
prepare a sketch map showing the villages to be included in such zail and the
position of the nearest police station, and submit it with a report, after
consultation and in communication with the Superintendent, through the
Commissioner, for the orders of Government, giving his reason for considering
such measure desirable, and stating the name, position and character of the
person he recommends for such appointment, and the amount of the annual
honorarium to be given to him. Proposals for such zail shall be confined to
sparsely populated tracts.
APPENDIX No. 12.1.
For the appointment and training of
Deputy Superintendent of Police in the Punjab the following rules shall have
effect:---
I. Deputy
Superintendents shall be appointed (a) by direct recruitment form among persons
not already in Government service, (b) by the promotion of Inspectors.
II. The
qualifications for direct appointment shall be :-
(a) The candidate shall be, at the time of
appointment, between the ages of 21 and 25.
(b)
He
must produce a certificate of physical fitness as prescribed in rule 10 of the
Fundamental Rules read with Police Rule 12.15(1).
(c)
He
must produce evidence of social status qualifying him for the postions of a
gazetted officer.
(d)
He
must have educational qualifications ordinarily not less than the degree of
Bachelor of Arts of the University of the Punjab or Delhi or the Aligarh Muslim
University and must produce evidence of his ability to speak and read Urdu
fluently and to write the Persian character with facility.
(e)
He
must be a statutory native of India domiciled in the Punjab, North-West
Frontier Province, Baluchistan or Delhi, or in an Indian State under the
political control of His Excellency the Governor of the Pujab or the Agent to
the Governor-General in Council has made a declaration under Section 96-C of
the Government of India Act.
III.
Applications
from persons who possess the above qualifications shall be received by the
Inspector-General of police and submitted by him to the Honourable and Finance
Member. If the latter so directs, the applicant shall be informed by official
letter that he has been accepted as a candidate, and his name shall be entered
in the register of such accepted candidates maintained by the Inspector-General
of Police.
IV. Promotions
from the rank of Inspector shall be made by His Excellency the Governor after
considering the commendations of the Inspector-General of Police.
B – Not more than 20 per cent of the vacancies which occur will be filled
by direct appointment; the remainder will be filled by the promotion of
inspectors.
VI. All
direct appointments will be made by the Local Government after considering the
recommendations of a Selection Board consisting of:---
A Financial
Commissioner, Punjab.
The Inspector-General of
Police.
The Commissioner,
Lahore.
VII. The
Selection Board shall require evidence from candidates for direct appointment
of good moral character, physical activity and ability to ride, and shall
submit them to such tests as they may think desirable, in order to judge their
suitability for appointment, and to check the qualifications specified in
paragraph II. In the case of candidates for direct appointments whose fathers
are or have been Government servants, the Selection Board shall state the fact
in making its report to Government.
VII. All
appointments shall be on probation for two years, provided that, in the case of
officers promoted from the rank of Inspector, the Local Government may, by
special order in each case, permit periods of officiating service in a past in
the Provincial Police Service to count towards the period of probation.
VIII. Directly appointed probationary Deputy Superintendents of Police
will be required to undergo the course of training at the Police Training
School prescribed form time to time for probationary Assistant Superintendent
of Police and to pass the examinations, other than language examinations,
prescribed for such officers. Such probationers may also be required to pass in
Punjabi by the tests prescribed for offices of the Privincial Civil Service. On
conclusion of their period of training at the Police Training School probations
will be attached to a district for a further period of training of one year.
XI. The
services of a directly appointed probationary Deputy Superintendent of Police
may be dispensed with by order of the Local Government, either on his failing
to pass the final examinations at the end of his period of training at the
Police Training School, or on failing to pass his examination in Punjabi within
two years of appointment, or on his being reported on, during or on conclusion
of his period of probation, as unfit for his appointment; provided that the
Local Government may, if it sees fit extend the period of probation by not more
than one year.
X. The
Principal of the Police Training School shall submit to the Inspector-General
reports on the work and character of probationary Deputy Superintendents of
Police is the same form and at the same intervals as may be prescribed for
probationary Assistant Superintendents of Police. Deputy Inspectors-General
shall submit similar reports regarding each directly appointed probationary
Deputy Superintendents of Police undergoing training in districts of their
ranges six months after the appointment to a district, and on conclusion of a
year’s district training in each case.
XI. The
Inspector-General of Police may require any probationary Deputy Superintendent
of Police promoted from the rank of Inspector to undergo a special course of
training and to pass the prescribed examinations in any subject or subjects,
including an obligatory language, in which his qualifications may be defective.
Deputy Inspector-General shall submit to the Inspector-General at intervals of
six months throughout their period of probation reports on the work, character
and suitability for gazetted rank of each such probationer appointed by
promotion, who may be serving in a district of their range. Any such
probationer failing to pass any examination prescribed for him, or being
unfavourably reported on in two interim reports or in his final report, shall
be reverted to his substantive rank of Inspector.
XII. Probationary
Deputy Superintendents of Police of either class, on passing the examination
prescribed for them and on being favourably reported on at the conclusion of
their probationary period, shall be confirmed by the order of the Local
Government.
XIV. Directly
appointed probationary Deputy Superintendents of Police shall on first
appointment receive pay at the lowest rate of the Provincial Police Service
time scale, and shall receive increments of the terms authorized, as described
in Appendix 10.63, Table A of Police Rules. The pay of probationers appointed
by promotion will be fixed on the system described in the same rule for
inspectors promoted to the Provincial Police Service. Officiating service and
probationary service shall count for increment in the time scale.
APPENDIX 12.3-A
The following rules shall have
effect for the appointment, training and promotion of Urdu stenographers:---
Direct appointments of Urdu
Stenographers – 1. Urdu Stenographers are appointed by the Deputy
Inspector-General of Police, Criminal Investigation Department, Punjab, in the
rank of Assistant Sub-Inspector, on consideration of the recommendations of a
selection board, to fill vacancies occurring in the districts of the Punjab and
the Criminal Investigation Department. He will satisfy himself that they fulfil
the qualifications laid down for direct appointment as Assistant Sub-Inspector
to ensure that they are of the type likely to make good executive officers as
well as to become good reporters of public meeting.
Training of Urdu Stenographers – 2.
(1) On enlistment, Urdu Stenographers will be deputed to the Police Training
School to under go the course of training laid down for directly appointed
Assistant Sub-Inspectors in the Police Training School Manual and are liable to
discharge if they fail to pass the prescribed examinations or are badly
reported on. The Principal, Police Training School, will, however, ensure that
arrangements are made for them to maintaining full proficiency in stenography
during the period of training.
(2) During vacations at the Police
Training School, they will be attached to rural Police Stations to do as much
practical training as possible on the lines of Course ‘D’ prescribed in Police
Rule 19.25.
NOTE – Urdu Stenographers, in
service on the 1st December, 1944, who are likely to make good
executive officers will be admitted to the intermediate class if they are below
the age of 40 years at the time of their admission. Their further promotion, or
if officiating in a higher rank their retention that rank, will depend on their
passing the course.
Promotion to the rank of Sub-Inspector
– 3. They will be eligible for promotion to the rank of Sub-Inspector (Urdu
Stenographer) after 3 years’ service.
Transfer to the executive line – 4
(1) Urdu Stenographers who pass the intermediate course and who show promise of
making outstandingly good executive offices may be selected, with the approval
of the Inspector-General for the upper school course at Phillaur, 5 years (or,
in exceptional cases 3 years) after passing the intermediate course.
After passing the course they may be
considered for absorption in the permanent executive cadre of the special
branch.
(2) They shall, however, be attached
to a district for six months’ practical training in a police station before
admission to the school course.
Control – 5 The Deputy
Inspector-General of Police, Criminal Investigation Department, Punjab, will
exercise disciplinary control over Urdu Stenographers.
General – 6 (1) All Urdu
stenographers will be borne on the strength of the Criminal Investigation
Department, Punjab, and will draw Criminal Investigation Department allowances
admissible to officers of their rank. In all matters they will be governed by
the general provisions of the Police Rules unless otherwise provided in the
above rules.
(2) The Deputy Inspector-General of
Police, Criminal Investigation Department, Punjab, will institute measures to
ensure that Urdu Stenographers maintain full proficiency.
APPENDIX No. 12.16
Points to be observed by Medical
Officers in examining Police recruits. – Medical Officers will satisfy
themselves regarding each candidate on the following points in the order given.
If a disqualifying defect is notice, the recruit register (form No.12.13) will
be completed and the recruit rejected without further examination:---
(a)
that
the vision is up to the following standard:---
The
recruit must be able to read the Test Dot Card at a distance of ten feet
without any mistake, with each eye without spectacles. Failure to do this
renders him unfit. Each eye must have a full field of vision as tested by hand
movements. Squint or any other morbid condition of the eyes or eye-lids liable
to the risk of aggravation or recurrence will render him unfit.
For those who can read English the
test should be the Snellen’s type and the standard - -
Right
eye …. V = % JI } without glasses
Left
eye …. V = %
JI }
For illiterates the split ring test
as used in the North-Western Railway should be employed. This corresponds to
the Snellen’s type.
NOTE - - In examination the recruit
by means of the “Test Dot Card” the following directions should be observed:---
(i)
Place
the recruit with his back to the light and hold the test card perfectly
upright
in front of him at a measured distance of exactly10 feet. The light should fall
fully on the card.
(ii)
Examine
each eye separately. The eye not under trial should be shaded by the hand of an
Assistant, who will take care not to press on the eye ball.
(iii)
Expose
some of the “dots”, not more than 5 or 6 at a time, and desire the recruit to
name their number and positions, vary the group frequently to provide against
deception.
(iv)
The
“Test Dot Card” must be kept perfectly clean.
(b)
that
the height and chest measurements are up to the standard prescribed in rule
12.15(1);
(c)
that
neither speech nor hearing is defective. As regards hearing no recruit will be
enlisted who suffers from deafness, aural discharge, earache, tinnitus or
vertigo or who is found on examination to have dermatitis, aterisa or exostosis
of the meatus, perforation of the tympanic membrane or who has had a radical
mastoid peration;
(d)
that
the recruit appears healthy, strong ad active;
(e)
that
he is sufficiently intelligent;
(f)
that
there is no malformation, deficiency or defect of any essential part
(g)
that
there is perfect motion in every joint and good physical development power;
(h)
that
the recruit is free from diseases of he nervous, circulator, respiratory,
digestive, cutaneous, lymphatic, generative or excretory system. Special care
should be given to tracing he presence of contagious or infectious disorders,
rupture, strictures, dysentery, hepatic or severe malarial disease;
(i)
that
here is no evidence of fits, old injuries to the head, or of a personal or
family medical history which would be likely to render him unfit;
(j)
that
the recruit’s declared age, as compared with appearance, physical equivalents
or other evidence is correct. In case of doubt the Medical Officer will record
the apparent age which will be accepted for official purposes.
NOTE
- - The points noted in (b), (d), (e) and (j) will be decided by the Superintendent, when
recruits are selected by him:---
The
recruit must strip for examination, due regard being paid to privacy and
decency. A lion covering may be permitted. Every part of the body must be
examined, and if a recruit will not submit to this after persuasion by caste
friends, he must be rejected.
(k)
the
Medical Officer will reject a recruit for any disease or defect which would be
likely to render him unfit for the duties of the particular branch of he
service in which he is desirous of being enrolled.
NOTE
- - The following points should not be overlooked: -
(1)
Glandular
swellings and enlarged thyroid.
(2)
Prominence
of eyes, squint. Long-standing trachoma, nebulae or leucomata, pannus.
(3)
Polypus
of nose, perforated palate, tonsils, adenoids.
(4)
Insufficient
sound teeth for efficient mastication, severe pyorrhoea.
(5)
Loss
or defermity of fingers, flat feet, hammer toes with painful corns or burase on
the dorsumof toes, Hallux Valgus, Hallux rigidus, knockknee, deformity of chest
and joints, abnormal curvature of the spine.
(6)
Inveterate
cutaneous disease, fistulae, condylomata, haemorrhoids prolapsus ani, varix or
varicocele, undescended testicle, tachycarida.
(7)
Recent
marks of vaccination, and two indentification marks should be noted.
With discharged soldiers for enlistment in the Police
Force - -
(1)
The
urine of recruits over 30 years of age should be examined.
(2)
The
head should be examined for blows or cuts, and the recruit questioned if he is
subject to fits of any kind.
(3)
The
body should be examined for scars of war wounds.
FORM No 12.6
ROLL OF A CANDIDATE FOR POST OF OF POLICE
Items
1 to 4, 7 and 10 to 13 to be filled up in the candidate’s own handwriting.
Items 5,6,8,9,14 and 15 to be filled up by a gazetted police officer after such
enquiry as may be practicable. Item 16 to be filled up by the Superintendent of
Police personally after interviewing the application.
1.Name
of Applicant
2.
Religion and Caste or Tribe
3.
Residence Police Station
Village
District
4.
Present Address
5.
Date of birth
6.
Height and chest measurement
7.Where
educated, with name of school or schools and statement of educational
qualification, mentioning any Examination passed. (Attested copies of any
certificate obtained should be attached in candidate’s own handwriting).
8.
Does the candidate possess any athletic qualification ? Did he belong to his
school Cricket Eleven or Football or Hockey Team? Is he is active habits? Can
be ride?
9.
Any other qualifications?
10.
To whom does the candidate desire that reference should be made regarding his
character, habits, knowledge of riding, etc.?
11.
Name and degree of relationship of , and appointments held by relatives in
Government or other employ
12.
Father’s name and profession
13.Home of family
14.
Full particulars of family, including a brief statement of claims, if any
15.
Whether at any applicant has been pronounced unfit for Government employment by
the Medical Board at the India office or any other duly constituted medical
authority
Signature
Date
16. Remarks and opinion of
Superintendent of Police
Date Superintendent
of Police
The 19
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FORM No 12.7
REGISTER OF ACCEPTED CANDIDATE FOR DIRECT
APPOINTMENT AS ASSISTANT SUB-INSPECTOR
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1
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2
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3
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4
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5
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6
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7
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8
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Serial
No.
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Name
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Father’s
name
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Age
and date of birth
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HEIGHT
AND CHEST MEASUREMRNT
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Residence
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Educational
Qualification
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REMARKS
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POLICE
DEPARTMENT FROM NO 12.13. _______________DISTRICT
RECRUIT REGISTER
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  1
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2
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3
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4
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5 6 7
RESIDENCE
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8
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9
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10
HEIGHT
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11
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12
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13
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14
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15
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Serial
No.
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Date
of measurement
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Name
of recruit
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Parent
age
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Village
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Police
station
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District
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Religion
of cast
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Age
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Feet/Inches
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Chest
measurment in inches
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Intials
of Gazetted Police Officer
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Opinion
of Mnedical offficer
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If
enrolled/date
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ConstablebNo.
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Names
and degree of relationship of, and appointments held by, relatives who are or
were Government employees:
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Name
and relation
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Rank
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Department
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Place
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REMARKS
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I
do hereby declare the following as may assignees or nominees:-
(
Name and full address of assignees.)-------------------------------
I
hereby declare that the entries made above are true to the best of my knowledge
Signature or Thumb-impression.
From
The
Superintendent of Police,
_______________District.
To
The
Superintendent of Police,
______________District
The
form may please be sent to the Sub-Inspector of _______Police Station for
favour of necessary entries being made therein.
Superintendent of Police
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1
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2
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3
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Full
Signature and statement of persons verifying the character
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Report
of Lambardars in connection with the person’s conviction ( if any) and
verification of nationality
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Report
of officer incharge Police Station
regarding previous conviction character and punishment ( if any),
verification of nationality etc.
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Form no 12-22(1)
CERFICATE OF APPOINTMENT
POLICE DEPARTMENT. ______________DISTRICT OR RANG
CONSTABULARY NO. ___________________________has been
appointed a member of the Police Force, under Act V of 1861, and is vested with
the powers, functions and privileges of a police officer.
Appointment on the ________________} Superintendent of
Police,
___________________________19 } or Deputy Inspector-General of Police
(Standard Form)
FORM NO. 12.28
POLICE DEPARTMENT _______________DISTRICT
CHARACTER AND SERVICE ROLL
NO.
Character and Service Roll of ________________________
CONTENTS
1-5.
General
particulars
5.
Appointments,
promotions, reductions, discharges, & c.
6.
Transfer
beyond the district
7.
Relatives
in Government employ
8.
Particulars
of heirs
9.
Educational
qualification
10.
Professional
attainments
11.
Medals
and decorations
12.
Miscellaneous
particulars
13.
Commendatory
entries
14.
Censures
and punishments
15.
Health
certificate
16.
Record
of postings of inspectors, sub-inspectors and assistant sub-inspectors
17.
Statement
of land held by Head Constable [rule 14.23 (1)]
18.
Progress
report of probationary inspectors, sub-inspectors and assistant sub-inspectors
19.
Medical
History sheet
20.
Leave
account of constables and head constables
21.
Marking
sheet in connection with promotion to the selection grade of constables
FORM NO. 12.28.---cont.
CHARACTER AND SERVICE ROLL OF __________________
CONSTANULARY NUMBER
___________IN_______________DISTRICT
CONSTANULARY NUMBER ___________IN_______________DISTRICT
CONSTANULARY NUMBER
___________IN_______________DISTRICT
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Name
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Father’s name
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Tribe or cast
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Village or town
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Post and Tlegraph office
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Police Station
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District
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Province
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Dateof birth
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Height
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Chest measurement
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Date of enrolment
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Age on enrolment
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Distinctive marks
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2. Verification roll no. ____________dated,
__________received back and attached to the Fuji misal.
3. Government service prior to present
employment, which is approved, for pension.
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PERIOD
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Service or department
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Rank or grade
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Pay of last appointment
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From
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To
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Y.
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M.
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D.
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Cause of and character on the discharge form above
service
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Reference to order approving above service for
pension in Police Department
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FORM NO. 12.28---contd.
4.
Agreement—1
understand that I have been appointed under Section 7 of the Police Act (V of
1861), and the purport of that section and the provisions of the Act and of the rules issued under it
and now in force, by which my discipline and conduct are governed, have been
explained to me. I agree to service faithfully under the provisions of the said
Police Act and to obey all lawful orders issued to me by my superior officers,
and I undertake not to resign my appointment within three years from the date
of my enrolment. I have received a certificate of appointment issued under
Section 8 of the Police Act (V of 1861).
Date______________ Signature
5. Rolled impressions of fingers and thumb
of left hand.
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Left little
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Left ring
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Left middle
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Left index
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Left thumb
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HARACTER ROLL OF _________________
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1
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2
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3
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4
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5
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6.
Appointed, promoted suspended reduced, discharged dismissal resigned or died
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To
what grade and pay appointed, promoted or reduced
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Date
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Number
of district order
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Full
Signature of Superintendent of Police
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FORM No. 12.28.—Contd.
6. Transfers beyond the district.
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1
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2
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3
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4
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Date
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From
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To
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Authority for transfer
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7. Names of relatives in Government
service.
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1
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2
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3
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4
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Name
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Relationship
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Nature of employ
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District
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8. Names, residence and other particulars
of heirs.
Wife.
Father
Mother.
Sister
NOTE.--
Underline in red ink the heir nominated (with not more than two
alternatives and fill in name & particulars necessary to trace.
FORM No. 12.28 – Concld
CHARACTER ROLL OF ___
__________
10. Educational qualifications. Knowledge of languages.
Uneducated English
Slightly educated. Persian
Matriculation. Punjabi.
Degree. Pushtu.
NOTE.__ Underline the
qualifications possessed, add particulars where necessary and give date of
entry.
11. Professional attainments. Special qualifications.
Passed Training
School Upper Class Clerical duties.
“ Intermediate Class Accountant’s duties.
“ Lower
Class. Orderly Head
Constable’s duties.
“ Finger
Print Course. Moharrir’s duties.
“ Drill
Instructor’s Course. Detective duties.
Traffic
duties.
“ Prosecuting
Inspectors’
“ Examination.
Underline
courses passed and qualifications possessed.
Miscellaneous
particulars.
12.
War
Medals and Decorations.—
(NOTE.—Enter
designation of award and date only—Gazette notification in case of King’s
Police Medal and the Indian Police Medal.
Other special decorations to be entered in full under commendatory
entries).
13.
Miscellaneous
particulars, including awards other than those accompanied by commendations
certificates admission to or removal from promotion lists, etc.
14.
Commendatory
entries.
15.
Censures
and Punishments.
16.
Medical
Certificate of appointment and health.
(See form No. 10.64).
17.
Record
of postings.
18.
Statement
of land held by Head Constable only [Rule No. 14.23 (1) ].
19.
Progress
report on probationary assistant sub-inspector, sub-inspector or inspector of
police. [See Form No. 19.25(5) ].
20.
Medical
History Sheet. [Sheet Form No.
12.32(b)].
21.
Leave
Account. (See F.R. Form No. 9-A. O.S. 113-A in Appendix B to Fundamental
Rules).
22.
Marking
sheet in connection with promotion to the selection grade of constable. [See Form No. 13.5(6) ].
FORM No. 12.32
(b)
POLICE
DEPARTMENT.
______________ DISTRICT
MEDICAL HISTORY
SHEET
Of
________________________________
No.
_______________ in ______________District.
No.
________________in ______________District.
No.
_______________in ______________District.
Name and dates
of inoculation, vaccination Signature
of Medical Officer.
And re-vacination.
1._______________________________________________________
2._______________________________________________________
3._______________________________________________________
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1
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2
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3
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DATE OF
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Disease
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Admission
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Dischage 1st
and subsequent admissions
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Remarks of
Medical Officer, (Recommendation for leave on medical certificate, report of
malingering and the like)
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FORM No. 12.32
(b)
POLICE
DEPARTMENT.
______________ DISTRICT
RECORD OF
POSTINGS.
HISTORY OF
SERVICES OF INSPECTORS, SUB-INSPECTORS AND
ASSISTANT
SUB-INSPECTORS.
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Serial No
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Rank and grade
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Date
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Order Book No
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Name of duty
on which employed
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Place
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REMARKS
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FROM No.
12.38 (1).
Personal File.
Of
________________________________of Police
PART 1.
1. NAME
AND Provincial No.
2. Father’s
name and profession
3. Religion and
Caste_________________________________________
4. Residence }
Village_________________________________________
} Police
Station___________________________________
} District________________________________________
5. Date of
birth_______________________________________________
6. Height and chest measurement
________________________________
7. Where educated, with
name of school or schools, statement of educational qualifications and examinations
passed_________________________________________________________
8. Any other
qualifications? Did the officer belong to his School Cricket Eleven or Football
or Hockey Team?___________________________________________
9. Names and degree of
relationship of, and appointment held by, relatives in Government or other
employ_____________________________________________
10. Home of
family___________________________________________
11. Full particulars of
family, including a brief statement of spe;cial services rendered to Government
, if any_________________________________________
Deputy
Inspector-General of Police,
____________________
Range.
Dated
________________ 19
FORM No. 12.38
(1) – concluded.
POLICE
DEPARTMENT ____________
Range.
ROLL OF
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1
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2
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3
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4
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Appointed,
promoted, reduced, discharged or dismissed
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To what grade
and rate of pay
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Date
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Signature of
Deputy Inspector-General
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TRANSFERS.
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1
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2
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3
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4
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Date
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From
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To
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Authority for
transfer
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FORM No. 12.39
(3)
POLICE
DEPARTMENT __________________DISTRICT.
INDEX TO FAUJI
MISALS.
INDEX TO FAUJI
MISAL OF_____________________________
RANK___________________
No.____________________________
|
Abstract of
papers attached
|
Date of order
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REMARKS
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(In Vernacular).
FORM No. 12.41
(1)
POLICE
DEPARTMENT ______________
DISTRICT
LONG ROLL OF THE POLICE FORCE OF THE
ABOVE DISTRICT. (HALF SHEET OF INDIAN PAPER).
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1
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2
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3
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4
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5
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6
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7
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8
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9
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10
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11
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12
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 Constabular-y Numb-er
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Name and
Paren-t age
|
Date of enlistme-nt
|
Cast-e
|
Age on
Enlis-tme
-nt
|
HEIGHT
(a)
Feet
(b) Inche
-s
|
RESIDENCE
(a)Village
(b)Police
Stati
-on
(c)District
|
Parti-cula
-r
mark-s
|
Deta-il of
Past
Serv-ice
Prior
To enter-ing
Constabul-ary
|
Promotions
And reduction
|
Date
And
Caus-e
Of leav
-ing
Polic-e
|
Rem-arks
Givi-ng
Referenc-e to
the seria-l No
In
The
Punishe-ment
Regi-ster of
any punishen-t awar-ded
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CHAPTER-XII.
-- Appointments and Enrolments.
12.1. Authorities empowered to make
appointments.--- (1) Assistant Superintendents
of Police are appointed by the Secretary of State for India, either in England
or in India, according to the rules farmed by him from time to time.
Deputy Superintendents of Police are appointed by the
Provincial Government according to rules contained in Appendix 12.1.
The following table summaries the directions given by
the Provincial Government under clause (b) of sub-section (1) of section 241 of
the Government of India Act, 1935, in regard to the authorities competnt to
make appointments to the non-gazetted ranks.
|
1
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2
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3
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Class of Government
Servants
|
Authority to whom the power
Of appointment is delegated.
[For Pb.] “Officers incharge, Police Constables
Training
Centres” and Officer in-charge
Of the Constables Advanced
Training Center.
|
The extent of the
Delegation
|
|
Inspectors
Sergents, Sub-Inspectors
And Assistant Sub-Inspectors
|
Deputy Inspectors-general
Of Police, Assistant Inspector-
General, Government Railway Police, Assistance
Inspector-General, Provincial Additional Police, (designed as Commandant,
Provincial Additional Police), and the
Assistant Inspector-General
Of Police
(Traffic)
Superintendent of Police
And Deputy Superintendent
(Administrative), Government
Railway Police and Assistant
Superintendent, Government Railway Police.
|
Full powers subject to
Rules governing the conditions of service as defined
in Police Rule.
|
Contd.
|
Head Constables and constables
|
Superintendent of Police, and Deputy Superintendent,
(Administrative),Governme-nt Railway Police, Assistant Superintendent,
Government Railway Police, Deputy Superintendents incharge of Railway Police
Sub-Divisions, Senior Assistant Superintendent of Police, Lahore and Officers
in-charge, Recruits training Centres, Deputy Superintendent of Police, Punjab
Armed Police, Lahaul and Spiti.
|
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(2) All
direct appointments to non-gazetted ranks above that of constable and all first
appointments of civilian clerks shall be made by the appointing authority on
consideration of the recommendations of a selection board. Such Boards shall be
constituted in accordance with the orders of the Inspector-General.
(3) The
power to confirm the appointment of officers appointed on probation vests in
the prescribed appointing authority.
(4) Inspectors
shall be borne on a provincial roll and shall receive provincial constabulary
numbers. Sergeants shall be borne on a separate provincial roll and shall
receive separate provincial constabulary numbers.
Sub-Inspectors and Assistant Sub-Inspectors shall be
borne on range rolls and shall receive range constabulary numbers.
Head constables and constables in each district shall
be borne on district rolls and shall receive district constabulary numbers.
(5) In
matters relating to general conditions of service such as pay, pension, leave,
joining time and travelling allowance, the subordinate ranks of the Police
force of the State of Punjab shall be governed by the Punjab Rules, for the
time being in force, in so far as they are not inconsistent with the provisions
in these rules.
NOTE.—Regarding amendment by Haryana Govt.
No. G.S.R. 44/C.A. 5/1861/Amd. (1)/82
dated 26.3.1982
In the Punjab Police Rules.---
(a) for
the words “Assistant Inspector General, Government Railway Police” occurring
not in conjunction with “Superintendent of Police” or “Deputy Inspector General”.
The words “Superintendent of Police Railways,” shall be substituted;
(b) for the
words “Assistant Inspector General, Government Railway Police” Wherever
occurring in conjunction with the words “Superintendent of Police”, the words “Superintendent
of Police, Railways “ shall be substituted;
(c) for
the words “Assistant Inspector General, Government Railway police” wherever
occurring with the words “Deputy Inspector General of Police”, the words “Deputy
Inspector General of Police, Railway and Traffic “ shall be substituted.
In the said rules, in chapters XII for the words “Deputy
Superintendent of Police (Administration), Government Railway Police, or
Assistant Superintendent Government Railway Police” wherever occurring, the
words “Superintendent of Police, Railways” shall be substituted.
SYNOPSIS
1. Authority who appointed at the relevant
time to be considered the appointing authority.
2. Compulsory retirement – Adverse
remarks.
3. Order of discharge can only be made by
Superintendent of police.
4. Promotion – Qualifying the lower school
course—Names entered in List C-I meant for promotion.
5. Removal—By Superintendent of Police.
COMMENTS
1. Authority who appointed at the relevant
time to be considered the appointing authority. Counsel for the petitioner has drawn our attention to
the decision of the Delhi High Court in the case of the Management of Delhi
Transport undertaking. New Delhi vs. B.B.L. Hajelay and another wherein it has
been observed that a subordinate authority (1972 SLR 299 Delhi FB). In Krishna
Kumar, Divisional Assistant Electrical Engineer and other, 1980 SCC (L&S) 1
at 3, the Supreme Court has observed that “Whether or not an authority is
subordinate in rank to another has to be determined with reference to the state
of affairs existing on the date of appointment . It is at that point of time
that the constitutional guarantee under Article 311(1) becomes available to the
person holding, for example, a civil post under the Union Government that he
shall not be removed or dismissed by the authority subordinate to that which
appoints him.
In view of the
foregoing , we of the opinion that the contentions raised by the respondents in
their counter-affidavit that S.P. ( Lines) was competent to enlist a Constable
in Police force under P.P.R.12.1 and that he is cometent to remove such an
employee after departmental enquiry is not legally tenable. That being so, we
are of the opinion that the order of S.P. (Lines), Delhi dated 13.2.1969
Placing the petitioner under suspension, his subsequent order dated 17.5.1974
continuing the petitioner under suspension w.e.f. the earlier order dated
24.3.1975 wherein it was stated that the suspension of the petitioner cannot be
said to be wholly unjustified within the meaning of F.R. 54(B)(5) and,
therefore he will be entitled to only pay and allowances already drawn by him
in the form of subsistence allowance for the period of suspension and the said
period will be treated ad ‘not spent on duty’, are all unsustainable in law.
Brahma Singh vs. Union of India 1988 (5) S.L.R.260.
2. Compulsory retirement…Adverse remarks. Reverting to the case in hand, the stand of the
petitioner in para No. 4 of the writ petition that he was confirmed as
Assistant Sub Inspector vide order dated February 28,1983, Annexure P.1 with
effect from February 1, 1980, was refuted in the written statement. Annexure
P.1 shows that the order passed by the Deputy Inspector General of Police dated
February 28, 1983 and was communicated by Superintendent of Police Karnail
whereby Karnail Singh petitioner was confirmed with effect from February 1,
1980. Furthermore, it was Deputy Inspector General of Police who passed the
order on April 23, 1983 annexure P.2 allowing retention in service of the petitioner
beyond the age of 55 years.
The
petitioner was brought on list ‘E’ and he was promoted as Sub Inspector on
April 1, 1977 as mentioned in para No. of the petition. This fact was not
denied in the corresponding para in the written statement. It is not the case
of the respondents that the petitioner was promoted as Sub Inspector by the
Superintendent of Police.
The
case of the petitioner is that of promotion to the post of Assistant Sub
Inspector and Sub Inspector. Substantively he was confirmed on the post of
Assistant Sub Inspector under order of the Deputy Inspector General of Police.
Thus, for all intents and purposes the appointing authority of the petitioner
to the post of Assistant Sub Inspector and Sub Inspector was Deputy Inspector
General of Police and not the Superintendent of Police. This being a case of
promotion and not initial appointment, Superintendent of Police cannot be
treated as competent authority under Rule 12.1 of the Police Rules in this
case, Kamail Singh of Haryana and others, 1989(2) S.L.R. 345= 1989(2) RSJ 536
3. Order of discharge can only be made by
superintendent of Police. The rule as
such does not take of any appointing authority, and therefore, could not be dad
to be subject to rule 12.1 which provides the authority power to make
appointments. Even if the Assistant Superintendent was competent to make
appointment to non-gazetted rank even then the discharge order under rule 12.21
could be passed by the Superintendent. It is particularly so because there was
no appeal provided against such an order of discharge. Jagjit Singh’s case, AIR
1970 SC 122 has no applicability to the facts of the present case. Therein the
rule under consideration was rule 16.1 in chapter 16 which is altogether
different from the rule 12.21 in chapter 12. That being so, the other
contention of the learned counsel for the respondent need not be gone into.
Consequently the appeal fails and is dismissed with no order as to costs. State
of Punjab and another vs. Sudershan Rani, 1989(4) S.L.R.305.
4. Promotion--- Qualifying the lower
school course – Names entered in List C-1 meant for promotion . Action of the respondent, so far as the transfer of
certain constables from other districts to Faridabad district in order to check
the uneven increase in vacancies in the cadre of Head Constables and ad hoc
promotions of outstanding and meritorious Constables to the rank of Head
Constables are concerned may be justified in the exigencies of service, by so
far as non-consideration of the claims of the petitioners, who were admittedly
senior and fully qualified and eligible for promotion as Head Constable is
wholly arbitrary and discriminatory. The respondents were duly bound to
consider the petitioners for promotion to the rank of Head Constable when the
petitioners were fully eligible according to the statutory rules. If the
respondents though that the increase of chances of promotion was uneven in the
case of Head Constables in district Faridabad and for that purpose Constables
had to be brought from other districts for promotion, there was no necessity of
making ad hoc promotions from amongst Constables posted in district Faridabad
itself. These ad hoc promotions made in favor of Constables, howsoever
outstanding and meritorious they may be, could not be made at the cost of their
seniors. If the transfer of Constables from other districts to Faridabad was to
be made as considered necessary in the exigencies of service, when while making
promotions to the rank of Head Constable, the petitioners should also have been
considered for promotion. Otherwise, if the Constables who are qualified and
senior in their own district are to be ignored and Constables from other
districts are to be brought for promotion, the impugned action will be wholly
arbitrary and discriminatory . Jai Kishan and others vs. State of Haryana and
others, 1987(4) S.L.R.740.
5. Removal – By Superintendent of Police. It is well known that the Assistant inspector General
of Police functions on behalf of the Inspector General of Police the said order
dated 21.3.1964 is relatable to and has to be read in conjunction with the
previous order of the Inspector General of Police dated 21.12.1963 who had
directed that a test should be held for promoting Head Constables against
existing vacancies. The Assistant Inspector General of Police, was acting only
on behalf of the Inspector General of
Police, not as Superintendent of Police, since he was only carrying out the
orders previously passed by the Inspector General.
Whether it was the Deputy Inspector General of Police,
as mentioned in the petition who appointed the petitioner, or whether it was
even the Inspector General of Police himself who did this, it is clear that the
petitioner was promoted by an officer higher in rank than a Superintendent of
Police. The mer fact that an Assistant, who merely carried out the orders of
the Inspector General of Police, had signed the order pertaining to the
petitioner’s promotion as Head Constable cannot make it a promotion made by a
Superintendent of Police merely on the ground that the Assistant Inspector
General of Police, working as the I.G.’s assistant, is also a Superintendent of
Police. He was not making the said promotion in his rank or status or even
exercising functions as Superintendent of Police. On account of the abovenoted
features relating to the petitioner’s promotion it is small wonder that both
the petitioner as well as the Police Department experienced difficulty in the
matter of making a precise plea concerning it. Ram Karan vs. Union of India and
others, 1975(2) S.L.R.683.
12.2. Seniority and probation.-- (1) The
seniority of Assistant Superintendents of Police is regulated by the orders
passed from time to time by the Secretary of State and the Central Government.
No Probationary Assistant Superintendent of Police
shall be permanently appointed as an Assistant Superintendent of Police until
he has passed the prescribed departmental examinations.
A Probationary Assistant Superintendent of Police who
does not qualify by passing these examinations within two years, or at the
first examination after two years, from the date of his joining the service,
will be removed from Government service; provided that the provincial
Government shall have power to relax this rule in special cases, when the
Probationary Assistant Superintendent of Police is likely to make a good police
officer.
(4)
The
rules governing the probation and seniority of Deputy Superintendents of Police
are contained in Appendix 12-1.
(5)
All
appointments of enrolled police officers are no probation according to the
rules in this chapter applicable to each rank.
Seniority in the case of upper subordinates, will be
reckoned in the first instance from date of first appointment, officers
promoted from a lower rank being considered senior to persons appointed direct
on the same date, and the seniority of officers appointed direct on the same
date being reckoned according to age. Seniority shall, however, be finally
settled by dates of confirmation, the seniority inter se of several officers
confirmed on the same date being that allotted to them on first appointment.
Provided that any officer whose promotion or confirmation is delayed by reason
of his being on deputation outside his range or district shall, on being
promoted or confirmed, regain the seniority which he originally held vis-à-vis
any officers promoted or confirmed before him during his deputation.
The seniority of lower subordinates shall be reckoned
from dates of appointment, subject to the conditions of rule 12-24 and provided
that a promoted officer shall rank senior to an officer appointed direct to the
same rank on the same date.
“Provided that in the case of officers recruited
direct after 23rd December, 1958, as a result of the same
examination or selection, their inter-se-seniority shall be reckoned.
(e)
by
the order of merit fixed by the selection body, and
(f)
when
there is no such order by merit indicated, by the age of the candidate, i.e.,
the oldest being placed the senior-most and the youngest the junior-most”.
SYNOPSIS
5.
Automatic confirmation.
6.
Maximum period of probation in the case
of a police officer.
7.
Reversion to substantive rank of
Sub-Inspector.
8.
Seniority whether to be counted from the
date of appointment or promotion as the case may be or from the date of
confirmation.
COMMENTS
5.
Automatic confirmation. The relevant provision relating to probationary period
of promoted officers of the police is contained in rule 13-18 of the Rules
which is applicable in the present case. A bare reading of rule 13-8 of the
Rules shows that it relates to Inspectors, Sergeants, Sub-Inspectors, and
Assistant Sub-Inspectors who are directly appointed, whereas Rules 13-19 lays
down the period of probation for officers who have been promoted in rank.
The appellant there was appointed purely on a
temporary basis and not on probation and, therefore, Rule 12-8 on the
assumption that Rule 12-8 applied to the appellant there. It was held that a
probationer could not be deemed to be automatically confirmed in the absence of
express order of confirmation and the probation is presumed to be extended.
However, it was held that in view of the fact that rule 12-8 is differently
worded than Rule 13-18 the ratio of the decision in Partap Singh’s case was not
applicable. I agree with Chadha J. and following the law laid down by the Division
Bench of this Court in the above said two cases. I hold that the petitioner is
deemed to have been confirmed from 1st January, 1963, as a Head
Constable and his seniority in that rank by virtue of Rule 12-2(3) is to be
counted from 1st January, 1961, Ram Pat vs. Union of India and
other, 1984 (3) S.L.R. 756
6.
Maximum period of probation in the case
of a police officer. The
maximum period of probation in the case of a police officer of the rank of
constable is three years, for the Superintendent of Police concerned ahs the
power to discharge him within that period. It follows that the power to
discharge cannot be exercised under rule 12-21 after the expiry of the period
of three years. If therefore it is proposed to deal with an inefficient police
officer after the expiry of that period , it is necessary to do so in
accordance with the rules of Chapter XVI of the Rules which makes provision for
the imposition of various punishments including dismissal from the police
force. It is not permissible to ignore those rules and make a simple order of
discharge under Rule 12-21 after the expiry of the period of three years for
that will attract Article 311 of the Constitution. The Superintendent of Police
concerned could not have ignored that requirement of the law and terminated the
services of the three respondents after the expiry o the period of three years
from their enrolment in the police force of the State. The Superintendent of Police, Ludhiana and another vs. Dwarka Das,
1979(1) S.L.R. 299.
7.
Reversion to substantive rank of
Sub-Inspector. There is no
manner of doubt that the underlying principle of rule 13-12(1) and as a
consequence of rule 13-16(2) is that promotions to the temporary vacancies of
Sub-Inspectors and Inspectors are not hide bound by seniority but by the
overriding consideration of affording equal opportunities to all eligible
candidates on list ‘E’ and ‘F’ for holding an independent charge in the higher
rank and to test their mettle in these posts. Gurcharan Singh vs. State of Punjab, 1976 P.L.R. 166.
8.
Seniority whether to be counted from the
date of appointment or promotion as the case may be or from the date of
confirmation. A reading of
Rule 12-2 would demonstrate beyond doubt that it is the date of appointment or
promotion, as the case may be, which is relevant for the purpose of the purpose
of determining seniority and not the date of confirmation. K.S. Tiwana, J. in
Gurdial Singh’s case discussed the matter threadbare and held that the
seniority of the lower subordinates i.e. Head Constables who are promoted from
Constable, shall be determined in accordance with third paragraph of the
sub-rule (supra). The language of this sub-rule in clear and umambiguous terms
provides that the seniority of the lower subordinates shall be reckoned from the
dates of their appointments. I am in complete agreement with the view expressed
by K.S. Tiwana, J. (as he then was) Additionally, it is the admitted position
that confirmation of head Constables is done district-wise. In a given case
depending upon the availability of confirmed posts in a particular district
junior persons may score over senior for the simple reason that in that
district the vacancies of confirmed employees are in existence whereas in the
other district there is bought of such vacancies. This precise matter was dealt
with by the Hon’ble Supreme Court in D.K. Mitra’s case (supra) wherein it was
held that when the seniority lists are prepared zone-wise for determining
seniority, the date of confirmation would be wholly irrelevant. Mohinder Singh,
Head Constable and other vs. The State of Haryana and other, 1991(4) S.L.R. 757
= 1990(1) RSJ 801.
12.3. Direct
appointments of inspector and assistant sub-inspector – Except as provided in Rules 12.1 and 12.4, direct
appointments shall not be made except in the rank of Inspector Sub-Inspector
and Assistant Sub-Inspector. Such appointments in the rank of inspector and
assistant sub-inspector may be made up to a maximum of ten per cent anr twenty
per cent of vacancies respectively.
12.3 A.
Appointment of Urdu Stenographer – Appointment
to the special posts of Urdu stenographer is made in the rank of Assistant
Sub-Inspector by the Deputy Inspector-General of Police, Criminal Investigation
Department, Punjab. These appointment are governed by the rules contained in
Appendix 12.3-A.
SYNOPSIS
5.
Any
rule which affects promotion pertains to conditions of service.
6.
Entitlement
to the privilege as was available.
7.
Promotion
in the line ministerial and executive staff.
8.
Recommendation
of names of candidates by Commission gives no right to appointment.
COMMENTS
5.
Any rule affects promotion pertains to
conditions of service. – The
promotion list of Head Constable (Ministerial) prepared on the basis of the
impugned standing Order is not in accordance with law. The Standing Order on
the face of it applicable to executive category has been wrongly applied to the
ministerial category to which the petitioners belong. During the hearing, the
learned consul for the petitioners stated that the petitioners had been
confirmed as Head Constable in 1972 and they were appointed a Assistant
Sub-Inspector initially on ad hoc basis and thereafter regularised in1979 and
that they have been confirmed as such on 5.7.1983.
In view of the above, we order and direct that the
petitioners should be considered for promotion by strictly applying the
criteria contained in P.P Rule 12.3D read with P.P. Rule 13.17. If on such
consideration, the petitioners are found suitable for promotion earlier than
respondents 5-42, they would be entitled to have their due place in the
seniority list. The petitioners have prayed that all the impugned lists as in
annexure “A”,”B”,”C”, and “D” are liable to be quashed. In view of what is
stated above, the impugned lists are hereby quashed. The respondents should
prepare a fresh list of Head Constables ( Ministerial) and lists of officers
suitable for promotion in the higher grade by strictly applying the provisions
of P.P Rule 12.3D and 13.17 and consider the suitability of the petitioners for
appointments for to such grades. The petitioners would also be entitled to all
consequential benefits, including the arrears of pay. Banawari Lal and others
vs. Union and others, 1988 (5) S.L.R. 306
6.
Entitlement to the privilege/right as
was available. – The stand of
the respondents is that in view of the specific provisions made in the Dehli
Police (Appointment & Recruitment) Rules, 1980, the relevant provisions of
the Punjab Police Rules stand automatically repealed and are of no consequence.
The post of the applicant has been designated as technical and the is
accordingly not eligible for promotion to the post of Inspector.
According to the provisions any right, privilege,
obligation or liability already acquired accrued or incurred before the
commencement of these rules shall not be affected. According to our mind the
applicant shall continue to remain entitled to the privilege / right, as was
available to him under the Punjab Police Rules, in terms of which he was
appointed to the post. From another view point, the rules under which the
applicant was appointed cannot be varied to his disadvantage or detriment to
his interest. Radihey Shyam vs.
Commissioner of Police, 1992(4) S.L.R. 45
7.
Promotion in the line of ministerial and
executive staff. It is
significant to note that the impugned Standing Order refers only to P.P. Rule
13-8 which applies to the executive staff and not to P.P. Rule 12-3D which
applied to the ministerial staff. The P.P. Rule 12-3D does not provide for any
test or course for the ministerial staff nor does it provide for Promotion
Lists ‘A’, ‘B’,’C’,’D’,’E’, And ‘F’, As regards the ministerial staff, the
promotion has to be based solely on the basis of seniority and the assessment
contained in the confidential reports as per the provision of P.P. Rule 12-3D
read with P.P. Rule 13-17 wchich are categorised as ‘A’,’B’, and ‘C’. In the
case of ‘A’ category reports, promotion will be given irrespective of
seniority. In the case of category ‘B’ reports promotion will be given in the
ordinary course of seniority. In the case of ‘C’ category reports, the officer
can be passed over for promotion. Banwari Lal and others vs. Union of India and
others, 1988(5) S.L.R. 306
8.
Recommendation of names of candidates by
Commission gives no right to appointment. The grievance of the petitioners is that their names
having been recommended by the Public Service Commission for the posts for
which requisition was made by the Director of Public Instruction in July, 1970,
they should have been appointed. However, no law or statutory rule has been brought
to my notice providing that mere recommendation of the name of a candidate by
the Public Service Commission clothes him with a legal right to be appointed to
the post for which his name is recommended. The Public Service Commission is
only an advisory body and recommends the names of the persons to be appointed
in response to the requisition made by the Government or its departments. But
it is for the State Government or any other appointing authority to make
appointments in a accordance therewith or not. If the appointing authority does
not make appointments in accordance with those recommendations, the candidate
recommended ha no right to come to this court and claim that his legal right
ahs been infringed and that a writ of mandamus should be issued to the appoint
him. Davinder Singh and others vs. State
of Punjab and others, 1982(2) S.L.R. 249
12-4. Sergeants - - appointment of. – Sergeants shall be appointed by Superintendents of
Police or the Assistant Superintendent, Government Railway Police, on
consideration of the recommendations of a selection board, to fill vacancies
occurring in the District of the Punjab, the Railway Police or Delhi Province.
Applications for appointment as Sergeant from Europeans and Anglo-Indians who
are natural born British subjects shall be addressed in the Inspector-General,
who will enter, in a list of accepted candidates to be maintained by him, the
particulars of those applicants, whose physique, education and status is
suitable.
NOTE.
– British soldiers transferred to the Army Reserve in India may be
appointed on probation as sergeant or Inspector of Police, if otherwise
qualified. On confirmation in these posts they will be discharged from the
Reserve. The date of confirmation must be communicated to the Officer-in-charge.
Records, of the man concerned in Great Britain, to whom also his certificate of
service (A.F.B. – 108) must be sent. British Army reservists serving in the
police are not liable to be recalled to the army for any purpose.
(Authority : - Secretary, Army
Department’s letter No. A-41236-1 (A.G.—6) of 1st April, 1927, to
all local Governments. )
SYNOPSIS
3.
Selection
for appointment as Assistant Sub-Inspector, Police.
4.
Termination
on account of concealment of involvement in criminal case in application for
recruitment.
COMMENTS
1. Selection
for appointments as Assistant Sub-Inspector, Police. Under Rule 12-4 of the
Police Rules it was necessary for the authorities to verify character
antecedents of the candidate before his appointment to the Police force. The
report of verification obtained by the police department cannot be brushed
aside. The extract from the judgment of the criminal Court acquitting the
petitioner under Section 307/34, IPC shows that on account of discrepancies in
the evidence produced, by way of abundant caution giving the benefit of doubt.
Narindra Singh petitioner was acquitted. Learning counsel for the petitioners
has argued that it was also mentioned in the judgment that in this part of the
country, there was tendency to implicate the persons and it should be given
weightage and acquital of petitioner should be considered as honourable. This
contention cannot e accepted. Apart from this occurrence which resulted
registration of case under Section 307, IPC in the year 1979, there was another
case registered against the petitioner in 1988. The overall assessment made by
the department on the basis of antecedents was that the petitioner should not
be appointed. Narindra Singh vs. Punjab
and others, 1992(5) S.L.R.255
2. Termination on account of concealment
of involvement in criminal case in application for recruitment. The plea
taken by the respondents in highly hypertechnical and the writ petition deserve
to be allowed. It is not a concealment of fact regarding his earlier conviction
which can be taken into consideration against an employee and on the basis
whereof his appointment can be set aside later on. In the present case,
petitioner had only been prosecuted and was acquitted by a competent Criminal
Court. It was not necessary for the petitioner to disclose this fact to the
respondents at the time of his submitting application for recruitment to the
police service. In any case, the fact stands that there is nothing against the
petitioner on the basis whereof his appointment could be set aside having
already been made by order dated 4.9.1989 Annexure P.1. therefore, the
non-disclosure of the information relating to his acquittal in the criminal
case is no ground for withholding the appointment of the petitioner. Subhash vs. State of Haryana and another,
1990(4) S.L.R. 525
12-5,
Applications for direct appointment as
Inspector, Sergeant and Assistant Sub-Inspector. – Applications for direct
appointment in the rank of Inspector, Sergeant and Assistant Sub-Inspector will
be received and acknowledge as submitted, out on correspondence will be
undertaken with applicants, nor will they be told whether they have been
accepted as candidates or not. When appointments are to be made, pending
applications will be considered and those applicants whom it is desired to call
before a selection board will be informed at least a month before the
assembling of the board.
12-6. Qualifications for direct appointment as
Inspector or Assistant Sub-Inspector. – (1) Applications for direct
appointment in the rank of Inspector or Assistant Sub-Inspector shall, at the
discretion of the Inspector-General and range Deputy Inspector-General,
respectively, be referred to the Superintendent of the applicant’s home
district for report in Form 12-6(1).
(2) No
applicant shall be accepted as a candidate for direct appointment as Inspector
or Assistant Sub-Inspector who has not been certified as physically fit for
service by a Civil Surgeon and who does not possess the following
qualification:---
(d)
Good
moral character.
(e)
Good
physique and active habits.
(f)
[For
Pb.] He must be between 18 and 25 years of age.
(g)
[For
Hry.] He must be, on or before the 1st day of February next
preceding the date of submission of application to the Public Service
Commission/Subordinate Service Selection Board less than 21 years and more than
30 [Vide Notification Dated 23.6.1989.] years of age for the post of an
Inspector of Assistant Sub-Inspector;
Provided
that the Legal Practitioners selected for appointment as prosecuting
Sub-Inspectors, may be appointed up to 30 years of age;
Provided
further that the Inspector General of Police may waive the maximum age limit in
any case under special circumstances with prior consultation with Public
Service Commission/Subordinates Service Selection Board.”
(h)
[For
Hry.] A candidate for an Inspectorship or an Assistant Sub-Inspectorship should
be a graduate of a recognized University; provided that the Inspector-General
of Police may in special cases dispense with the said qualificatin.”
(d) [For
Pb.] He must, if a candidate for an inspectorship, ordinarily be a graduate of
a University, or, if a candidate for Assistant Sub-Inspectorship have passed
the first examination in Arts, or its equivalent in other faculties, or he must
hold the Diploma of the Aitchison Chiefs College; provided that the
Inspector-General has power, in special cases, to dispense with this
educational qualification.
[For Punjab]
Note
1. – Legal practitioners selected for appointment as prosecuting sub-inspectors
may be enrolled up to the age of 30 years.
“Note
2—Inspector General may, in special circumstances to record in writing, relax
the upper age limit in the case of candidates.
Note
3. – A candidate whose age is not less than 17 years my be enrolled, subject to
the condition that the service rendered before the age of 18 years shall not
qualify for pension”.
[For
Haryana]
Note
1. – A candidate whose age is not less than 17 years may be enrolled, subject
to the condition that the service rendered before the age of 18 years shall not
qualify for pension”.
“Note
2. – Upper age limit shall be relaxable in case of Scheduled Castes, Scheduled
Tribes, Backward and Ex-servicemen recruits in accordance with instructions
issued by the State Government in this behalf from time to time”.
( Hr. G.S.R. 64/C.A-5/1861/Ss.2
and 7/Amd (1) 74 dt. 18.5.74)
SYNOPSIS
4.
Appointments made without complying with
the formal letter of law-Would stand vitiated.
5.
Good Physique takes within its ambit the
height and other physical qualifications.
COMMENTS
1. Appointments made without complying
with the formal letter of law – Would stand vitiated. Appointment was offered to the selected candidates
without prior police verification and medical examination as required by Rule
12-6 of the Rules. It is argued that in this admitted situation the appointment
of the respondents was bad as being in violation of the rules. While we are of
the opinion that it is only appropriate that before appointments are actually
made, requirements of medical examination and character verification should be
complied with, but it cannot be held as a matter of law that in case the
appointments are made without complying rigidly with the formal letter of the
law, they would stand vitiated. As already mentioned above, the Government had
taken a positive decision and relaxed the rigid compliance with Rule 12-6 in
the case of the selected candidates and had issued a direction that the medical
examination and police verification could be done after appointment keeping in
view exigencies of service. We are of the view that this amounts to substantial
compliance with the rules and although the action is to be deprecated, it would
not vitiate the selection. Parkash Vir
and others vs. State of Haryana and others, 1992(1) S.L.R. 157
6.
Good Physique takes within its ambit the
height and other physical qualifications. Good physique takes within its ambit the height and
other physical specifications, whereas the on star physical test has been
introduced to evaluate the active habits’ of the applicants. As a matter of
fact these supplement the Rules and make their applicability more uniform and
practical and leave little to the caprice or whim of the selecting agency. It
is significant that the Rules do not talk of a written test as well, but there
has been no argument by either side on this aspect. Some arguments were made on
the question as to what were the requirements of the one star physical test.
The contesting parties and the respondents inter se were at variance on this
question. We are of the view that the one star physical test implied the
passing of all 5 items as per the advertisement. We have examined the matter on
the basis of the record and find that out of the 19 candidates selected, only 7
passed in all five tests. The entire selection is, therefore, liable to be set
aside on this score alone. Parkash Vir
and others vs. State of Haryana and other, 1992(1) S.L.R. 157
12.7.
Assistant Sub-Inspector’s list of accepted candidates. – (1)A list of accepted candidates for direct
appointment to the rank of Assistant Sub-Inspector shall be maintained in the
office of each Deputy Inspector-General in form 12.7 (1) and appointments shall
be made by selection from this list. Candidates must be limited to residents of
the range. No person who is already serving in or has resigned from the police
force of another Province shall be accepted as a candidate without the approval
of the Inspector-General of Police of that province.
(2) The Assistant Inspector-General, Government
Railway Police, shall maintain a similar list, but may accept candidates
residing in the province.
12.8 .
Probationary nature of a appointments. – (1) Inspectors, Sergeants, Sub-Inspectors and Assistant Sub-Inspector
who are directly appointed will be considered to be on probation for three
years and are liable to be discharge at any time during or on the expiry of the
period of their probation if they fail to pass the prescribed examinations
including the riding test, or are guilty of grave misconduct or are deemed, for
sufficient reason, to be unsuitable for service in the police. A probationary inspector shall be
discharge by the Inspector-General and all other Upper Subordinates by Range
Deputy Inspector-General and Assistant Inspector-General Government Railway
Police, Assistant Inspector-General, Provisional Additional Police (designated
as Commandant, Provincial Additional Police) and Assistant Inspector-General of
Police(Traffic). No appeal lies against an order of discharge.
(2) The pay admissible to a probationary Inspector,
Sergeant, Sub-Inspector or Assistant Sub-Inspector is shown in Appendix 10.64
Table A.
SYNOPSIS
2.
Passing
the Departmental Examination.
COMMENTS
2.
Passing the Departmental Examination. – Confirmation can only be if he passes the departmental
examination. Jagjit Singh vs. Punjab,
1967 Cur L.J 187
12.9 .
Appointment as range auditors. – Appointments
to the three special posts of range auditors is made by the
Inspector-General. These appointments are governed by the Punjab Police
Clerical Service Rule. Men appointed as auditors shall receive the special
rates of pay specified in Appendix 10.64, Table A.
12.10.
Appointment of head constable. – (1)
Head Constable shall be appointed by promotion from selection grade constable
in accordance with rules 13.7 and 13.8.
12.10 A .
Direct appointments of selection grade constable. – Matriculates of good social status and strong family
claims may be enlist in the selection grade of constables up to a maximum of 10
per cent of the posts in this grade, and should be given a promise of
accelerated promotion if they pass the recruits with credit. No officers
directly appointed under this rule should be confirmed or admitted to promotion
list B-1 maintained under Police Rule 13.7 without the sanction of the Deputy
Inspector-General. If such officers work well, they will be sent to the Lower
School course at Phillaur directly they are conformed and they continue to
receive good reports they will be deputed to be take Intermediate course when
they have six years service. Any such officers who fail to pass the recruit’s
course with credit should be reverted to the time-scale and would not be
entitled to accelerated promotion. Deputy Inspectors- General during their
formal and informal inspections of districts should satisfy themselves that
these officers are making satisfactory progress and have justified their
appointment. Cards for these officers shall be mainted in form 138.8(1) from
the date on which they are enlisted.
SYNOPSIS
2.
Persons directly recruited as Selection
Grade Constables.
COMMENTS
2.
Persons directly
recruited as Selection Grade Constables. Rules in terms applies to person s
directly recruited as Selection Grade Constables and the petitioner is not one
of them, but this does not mean that the petitioner cannot be deputed to
undergo the Intermediate School Course. It has not been contended that the
petitioner as a confirmed Head Constable is not entitled to be considered for
promotion. The petitioner, who was a confirmed Head Constable with requisite
length of service and who had earned consistently good repots, could not be
debarred from being deputed for the Intermediate School Course, simply because
he did not secure a position of merit, in the unauthorised test which was
introduced by the departmental authorities. Ram Kishan, Head Countable Vs The Inspector
General of Police, Haryana and others, 1968 S.L.R. 661.
12.13.
Restriction on appointment of
non-British subject- The
appointment to the provincial or subordinate ranks of the police of any person,
who is not a British subject, or the subject of any State in
India, requires the prior sanction of the Government of India. All such cases shall be reported by the
appointing authority through the ordinary channel of correspondence in the
prescribed from (obtainable from the Central Police Office), and no such
appointment shall be made substantive, until the required sanction has been
communicated.
12.14.
Supervision of recruitment--.
The standard of performance and the reputation of the whole police force
depend above all upon the quality of its constables. Standards for recruits are laid down in the
rules which follow, but, over and above, these, constant attention and effort
to raise the general standard of recruitment are essential. Gazetted officers shall at all times devote
special attention to discovering and encouraging men of a thoroughly good stamp
to enroll themselves. Efforts shall be
made to enroll a proportion of men belonging to communities or classes, whose
representation in the force is desirable, but who appear reluctant to offer
themselves. The examination and
measuring of candidate for enrollment shall invariably be carried out by a
gazetted officer, who shall concern himself specially to prevent the
victimization of, or the taking of illegal gratification from, candidates by
subordinate Government servants concerned in the conduct of their
examination. Superintendents shall
personally satisfy themselves that the arrangements for the reception of new
recruits in the Lines, and for providing them with bedding and warm clothing,
whether as a sanctioned Government issue or under a system whereby the cost is
recovered later in installments from pay, are adequate, and the recruitment is
not discouraged by initial and avoidable hardships. Deputy Inspector-General, in additional to
exercising a careful control over recruitment generally, and preventing the
enrolment of undesirable types, shall, at their inspections, formal and
informal, pay special attention to the observance of this rule.
SYNOPSIS
3.
Discharge
from service while still under suspension.
4.
Initiation
of disciplinary proceedings.
COMMENTS
5.
Discharge from service while still under
suspension. The Superintendent of Police has to consider and
decide to whether or not a constable is likely to prove an efficient police
officer. If on a consideration of
material in his possession, he forms an opinion that he is not likely to prove
an efficient officer, an order of discharge can be passed. However, the order has to be passed on some
objective data. In the present case, this does not appear to have been
done. The petitioner was accused of
having committed an offence. Soon after
the registration of the case, he was placed under suspension. He was never reinstated. While he was still under suspension, the
petitioner was ordered to be discharged from service. Full salary was not paid to him for the
period of suspension. Even otherwise,
nothing has been shown from his character-roll or any other record to indicate
that there was any adverse report or comments regarding his performance. On the contrary, there is an entry in his
character roll which shows that the petitioner had been had been awarded a
commendation certificate “in recognition of doing conspicuously good word for
the administration of law and maintenance of peace, safety and good order and
for conduct displaying exceptional address, acuteness, industry, fidelity for
smooth functioning of government work during Independence Day, 1990
Celebrations. “He was also given a cash
reward of Rs. 50/-. In this situation,
it is apparent that the order of discharge was passed solely on account of the
allegations made in the above mentioned FIR against him. These allegations do constitute
misconduct. However, on the basis
thereof, an order of discharge could not have been passed. If these allegations were found to be correct
during enquiry, the petitioner could have been dismissed from service. However, the procedure prescribed under the
Rules had to be followed.. This was not
done. Taking the totally of
circumstances into consideration, I am driven to conclude that the petitioner
was in fact punished for the alleged misconduct and the order dated April 18,
1991 was not a simple order of discharge.
Sunder Kumar vs. State of Haryana and others, 1992(5) S.L.R. 727 = 1991 (3) RSJ 504.
6.
Initiation of disciplinary
proceedings. These is also another aspect of the matter. It is well established that what is material
for the purpose of Article 311(1) of the Constitution is who actually appointed
the person concerned. What is involved in matters of appointment
and removal for the purpose of Article 311 of the Constitution is the status
and rank of the employee and the state and rank of the authority taking action
vide the Management of Delhi Transport Undertaking vs. BBL Hajelay and another, 1972 SLR 787
SC. In the present case, the petitioner
was actually appointed as a Constable by the S.S.P exercising the powers of
D.I.G. of Police who, in terms of rank and status, was higher than that of the
Additional Supdt. Of Police. The Additional S.P. who was a lower
authority, was, therefore, not competent to initiate disciplinary proceedings
against the petitioner. As has been
pointed out in para 12 above, it was only after the issue of the notification
dated 18th May, 1968 that the Additional S.P. was empowered to
exercise the powers and perform the duties of a District Supdt. of Police.
The Commandant of the Delhi Armed Police was empowered to exercise the
same powers only by the notification issued by the Lt. Governor on 6th
May, 1976. Lakhi Ram vs. Union of India
and others, 1989(7) S.L.R. 365.
12.16
Recruits—register of.--
The name of every recruit, together with the other details required by
the form, shall be entered in English in the Recruit Register in Form 12.13 and
the form shall be completed as to age and physical fitness by the Civil Surgeon
before the recruit is enrolled. No
recruit shall be accepted, who, unless he had already had small-pox and shows
obvious scars thereof, is not certified by the Civil Surgeon on have been
successfully vaccinated or re-vaccinated within the previous twelve
months. The Recruit Register shall be
examined and countersigned by the Deputy Inspector-General when visiting the
district for purpose of inspection.
12.17
Recruit—Status of.--
(1) Recruits shall be of good character and great care shall be taken in
selection men of a type suitable for police service from candidates presenting
themselves for enrolment.
7.
The
enlistment in the police of Gurkhas of Nepalese nationality is absolutely forbidden.
The enlistment of Gurkhas, who can prove British nationality or
continuous domicile, is permitted, but only with the formal sanction of the
Deputy Inspector-General. Before giving
sanction the Deputy Inspector-General sbould verity the nationality of the
proposed recruit by a reference to the recruiting Officer for Gurkhas.
8.
Sons
and near relatives of persons who have done good service in the Punjab Police
or in the Army shall, subject to the consideration imposed by rule 12.12 have
preference over the other candidates for police employment.
SYNPOSIS
6.
Preference
in favour of some and near relative of persons.
7.
Relaxation
of age, qualification and Physical standard to the words of ex-policemen.
8.
Relaxation
of rules-Petitioners despite that relaxation not sent for training of constables.
9.
Relaxation
should be made by the Administrator.
10.
Rules
framed under the Police Act of 1861.
COMMENTS
6.
Preference
in favour of some and near relatives of persons. Rule 12.14(3) of the Punjab Police Rules,
1934 which authorised the granting of preference in favour of sons and near
relatives of persons serving in the police service became unconstitutional on
the coming into force of the Constitutions.
While it may be permissible to appoint a person who is the son of a
police office who dies in service or who is incapacitated while rendering
service in the Police Department, a provision which confers a preferential
right to appointment on the children or wards or other relatives of the police
officers either in service or retired merely because they happen to be the
children or wards or other relatives of such police officers would be contrary
to Article 16 of the Constitutions.
Opportunity to get into public service should be extended to all the
citizens equally and should not be confined to any extent to the descendants or
relatives of a person already in the service of the State or who has retired
from the service. Yogender Pal Singh and
other vs. Union of India and others, 1987(1)
S.L.R. 379.
7.
Relaxation
of age, qualifications and Physical standard to the wards of ex-policemen It is not the case before me that this
provision of public employment is invalid because no one from outside has come
to challenge the validity of this provision.
In 1975, 1976 and 1977 the Government itself acting under this very
provisions granted relaxation. Now they
deny relaxation because they say that it can be availed of only by one son of
the a Policemen. I find there is no such
restriction in sub-rule (3). If the
Government itself makes a special provision as it does by making the order
dated 3.10.81 in favour of the wards of the Delhi Policemen, there is no good
reason why the provisions of sub-rule
(3) of rule 12.14 should also not be followed in cases of sons and near relatives
of police constables. Jogindar Pal Singh
vs. Union of India and others, l1983(3) S.L.R. 252.
8.
Relaxation
of rules—Petitioners despite that relaxation not sent for training of
constables. The petitioners will be
appointed as constables and will be given the required training subject to
fulfilling the requirements of the order dated 3.10.81. Seniority of these petitioners will be
reckoned from the date when their colleges
were sent for training and were appointed as constables. Future increment and other benefits will be
given on that basis. No pay will be
given for this period. Pay will be given
from the date of their appointment.
Jogidnar Pal Singh vs. Union of India and others, 1983(3) S.L.R. 252.
9.
Relaxation
should be made by the Administrator.
Under Rule 30 of the Rules any relaxation should be made by the
Administrator (lt. Governor of the Union Territory of Delhi) and not by the
Deputy Commissioner of Police. Thus no
reliance can be placed on the order of relaxation passed by the Deputy Commissioner
of Police on 3.10.1981 and since by the letter dated April 3, 1982 the Delhi
Administration had imposed an additional condition in respect of the wards of
Delhi Policemen/Class IV employees that only son of police personnel/Class IV
employee would be considered for grant f such relaxation of the appellants
cannot claim that they were entitled to be recruited because admittedly their
brothers had already been recruited in the Delhi Police Service on the basis of
an earlier order of relaxation. Yogender
Pal Singh and other vs. Union of India
and others, 1987(1) S.LR. 379.
10.
Rules
framed under the Police Act of 1861. The
rules framed under the Police Act of 1861 would continue to be in force after
the Act came into force in so far as they were consistent with the Act but at
the same time Section 147 of the Act authorised the Administrator (Lt. Governor
of the Union Territory of Delhi) jto make rules regarding recruitment to and
they pay, allowances and all other conditions of service of the members of the
Delhi Police under Clause (b) of section 5.
It is not disputed that rule 12.14 and rule 12.15 of the Punjab Police
Rules, 1934 and the rules promulgated on December 31, 1980 death with identical
subject, namely the recruitment of Constables to the Delhi Police Service. Yogender Pal Singh and others vs. Union of
India and others, 1987(1) S.LR. 379.
12.18
Recruits-age
and physical standards of.—(1) Recruits
shall be not more than 25, or less than 18 years of age, (For Hry.—Recruits
shall not be less than 18 years and not more than 27 years of age - Notification dated 14.3.1984) at the time of
enrolment, and shall have a minimum height of 5’-’7 and normal chest
measurement of 33” with expansion of 1-1/2 inches. These physical standards
shall not be relaxed without the general or special sanction of the Deputy
Inspector-General. A general reduction of the standard may be allowed by Depty
Inspector General in the case of special
castes or classes, which provide desirable recruits, but whose general height
does not come up to that prescribed. In \such cases a standard of chest
measurement and general physique shall be fixed, which will permit the
enlistment of strong and well-proportioned youths of the class in question. The
Inspector General may in special circumstance to be recorded in writing relax the
upper age limit and the physical standard
in the case of recruits.
[For
Haryana]
Note. 1- A recruit whose age is not
less than 17 years may be enrolled, subject to the condition that the service
rendered by him before the age of 18 years shall not quality for Pension.
Note.2- Upper age limit shall be
reliable in case of Scheduled Castes, Scheduled Tribes, Backward Classes and
ex-serviceman recruits in accordance with the instructions issued by the State
Government in this behalf form time to time.
[For Punjab]
Not:--
A recruit whose age is not less than 17 years may be enrolled, subject to the condition that the service rendered by
him before the age of 18 years shall not qualify for pensions.
2. The greatest care shall be taken to
ensure that the age of the every police officer is correctly recorded at the
time of his enrolment and appointment. The record then made becomes of the
utmost importance when the question arises of an officer’s right to pension,
and is accepted as decisive in the absence of full proof both that the original
entry
was wrong and that the date of birth originally given was due to bonafied
mistake.
A copy of this rule shall be passed
inside the cover of the recruit register ( form 12.13) and the attention of the
Civil Surgeon shall be drawn to it.
[For
Himachal Prades]
In
sub-rule (1) of rule 12.15 of the Punjab Police Rules 1934, as applicable to
state of Himachal Pradesh, for the existing words and figures “ Recruits shall be not more than 25, or less
than 18 years of age” the words and figures
“Recruits shall be not more than 22 years ( 27 years for Scheduled
Castes and Scheduled Tribes) or less than 18 years of age” shall be
substituted.
SYNOPSIS
5.
Date
of birth.
6.
Forfeiture
of service-Date of birth
7.
Intermediate
School Course.
8.
Recruitment
in violation of Rule-discharge from service.
COMMENTS
2.
Date of birth. Mere fact that School leaving Certificate records
different date of birth is of no consequence. Constable Jagir Singh vs. The
Inspector General of Police, Punjab and others, 1989 (1) RSI 609.
22.
Forfeiture of service of birth. Date of birth. Even after the impugned order
forfeiting four years service was passed, on the administrative side another
order was passed by correcting the service record of the petitioner to
incorporate August 10, 1938 ad the date of birth which was given in the
education certificate. Subsequently the Commandant passed an order on February,
7, 1980 under the instructions of Deputy Inspector General of Police contained
in the letter date January 30, that according to Appendix “B” to Rule 7.3 of
the Punjab Financial Rules the recorded date of birth cannot be changed. Thus
entry of date of birth as August 10, 1938 was cancelled and the original date
of birth August 23, 1943 was substituted. Copy of the order is annexure P/2.
The correctness of this letter has not been disputed. This shows that
respondents are taking up contradictory stands. By passing the order of
punishment the actual date of birth of the petitioner is taken as August 10,
1938 whereas the same is not considered for the purpose of service record as in
Annexure P/2. The original given by the petitioner at the time of recruitment.
The mere fact that in the School leaving certificate his date of birth is
record as August 10, 1938 will be of no consequence. Furthermore, such a date
of birth recorded therein. Needless to say such a date of birth was not
recorded by the petitioner himself but by somebody who took him to the school
for admission.
The evidence of such a person who recorded the date of birth
of the petitioner at the time of his admission in the school was not recorded
in the enquiry conducted against the petitioner. The report of the enquiry
officer is solely based on the school certificate produced in the enquiry.
Since such evidence cannot be considered sufficient to hold the actual date of
birth of the petitioner being August 10, 1938, obviously the petitioner could
not be penalized moreso, department for all intents and purposes is taking the
date of birth of the petitioner as
August 23, 1943, Jagir Singh vs. The Inspector-General of Police, Punjab and
others, 1989 (3) S.L.R 278.
23.
Intermediate School Courses. Petitioners
have no right to be deputed to the course as no one from their range who was
junior to them, had been deputed for the course then simply because by virtue
of the interim orders, they have completed half of the Intermediate Course is
no ground to allow them to continue with the course. Ilam Singh and ors. Vs.
The State of Haryana and ors. 1992 (1) RSI 57.
24.
Recruitment in violation of
Rule—Discharge from service. None of the petitioners fulfils the prescribed
standard. Accordingly, they were not eligible to be recruited. As such. I find
no infirmity in the action of the respondents. Person who do not fulfil the
conditions of eligibility are not entitled to continue on their posts. Keeping
in view the fact that the petitioners admit the position as depicted in
Annexure R-1to the written statement and that there is no claim on the behalf
that the measurement as depicted in the
written statement around no useful purpose would be served by directing the
respondents to hear them. The purpose of the grant of an opportunity of hearing
is only to ascertain the factual position. In case where there is no dispute on
facts, no useful purpose would be served by directing the respondents to hear
the petitioners. It is no doubt correct that normally before passing an order
adverse to the interest of a person, he is entitled to be heard to that he can
put froth his view point. How ever, such an opportunity is necessary only when a person disputed the
facts on the basis of which the action is sought to be taken. In the present
case, learned counsel for the petitioners is categorical in his assertion that
he does not want even to controvert the factual position as depicted in the
written statement. This being the admitted position it is clear that no useful
purpose would be served by directing the respondents to re-decided the matter
after hearing the petitioners. Ram Dia and other vs. State of Haryana and
others, 1992 (5) S.L.R 719.
12.17 Recruits—Medical
examination of –(1) Every
recruit shall before enrolment, be medically examined and certified physically
fit for service by the Civil Surgeon. A certificate, in the prescribed form
(10.64) signed by the Civil Surgeon personally, is an essential qualification
for enrolment –(vide Fundamental Rule 10).
The examination by the Civil Surgeon will be
conducted in accordance with the instruction issued by the medical department
and will test the eyesight, speech and hearing of the candidate, his freedom
from physical defects, organic or contagious disease, or any other defect or
tendency likely to render him unfit, and his age. The candidate must strip for
examination, a loin covering being allowed except when the examination is being
completed, and any candidate who refused to do so must be rejected. The
conditions of police service make it necessary that the medical examination of
candidates should be strict. Candidates shall be rejected for any disease or
defect which is likely to render them funfit for the full duties of a police
officer.
(2). Superintendents
are themselves responsible for rejecting candidate whose general standard of
physique and intelligence is unsatisfactory; only those candidate should be
sent for medical examination whom the
Superintendent has accepted a being up to the required standards in these
respects. (See Appendix 12.16).
12.22. Recruits-Enrolment
of—When a candidate has been
passed by Superintendent of and the
Civil Surgeon under rules 12.12 to 12.16, orders for his enrolment shall be
entered in column 14, of form 12.13, and in the order book. The recruit shall
be sent to the Lines Officer who shall personally place him in the charge of the chidril
instructor. The latter shall be responsible for explaining to the recruit the
disciplinary orders immediately applicable to him, for arranging for the issue to him recruits
uniform and equipment, and for allotting him to a squad and showing him his
place in barracks.
12.23. Recruits—Verification of character of – (1) The character and suitability for enrolment of
every recruit shall be ascertained by a reference to the lambardars of village
of ward member of the town of which the
recruit is a resident. A search slip shall also be sent to the Finger Print
Bureau in order to establish his freedom or oterhwise form conviction. Such
lambardars or word member shall, if the recruit is of good character, furnish a
certificate to that affect which shall be verified and attested by the
Sub-Inspector in charge of the local police station. The Sub-Inspector shall
also complete the information required
by form 12.18 (1).
(2). If
they recruit is not a resident of British territory, the Superintendent shall
take steps to verify his character through other serving police officer, whose
homes are the same neighborhood, or by such means as may be most suitable under
the circumstances.
(3). Recruits
shall be provisionally enrolled pending the result of the reference.
12.24.
Recruiting arrangement.—(1) When sufficient recruits to fill vacacier in the rank
of constable do not present themselves voluntarily at the headquarters of a
district, or when other justify such action, police officers proceeding on
leave shall be encouraged to enlist recruits at their homes, and selected men
may be adapted singly or in parties on recruiting duty.
(2). When police officers are
required under the provisions of the above sub-rule to bring recruits form
another district, they shall be provided with a letter to the Superintendent of
such district, requesting him to examine candidates brought before him and to
have those are considered suitable for enrolment medically examined. A roll of
all candidates passed as fit shall be prepared in form 12.13. by the
superintendent who examines them, and they shall be enlisted on the
establishment of the district in which they are to serve with effect form the
date of their being so passed, and shall be entitled to pay and travelling
allowance form that date, provided that they report for duty without delay and
by the most direct route. The appointment of candidates enrolled otherwise than
under this provision shall in no case be antedated.
(3). In case where a police officer has been
put to expense on account of the feeding and travelling expenses of a candidate
brought by him, and provided such candidate is accepted and enrolled, the
actual expenses so incurred up to a maximum of Rs. 3, for each recruit, may be
paid by the Superintendent from his grant for rewards.
12.25.
Recruits-Dates of Enrolment of—Superintendent of Police shall fill up vacancies in
the rank of constable as and when
suitable men are available. Recruiting parties may be despatched, if any police
officer who produces really good recruits should be given some reward in
addition to travelling allowance. The dates of enlistment of recruits shall,
however, as far as possible, be regulated to ensure that a sufficient number of
men are enrolled on the same date to form a training squad to proceed from
start to finish of their recruits training according to the prescribed
syllabus.
12.26.
Discharge of Inefficient.—A constable who is found unlikely to prove an
efficient police officer may be discharged by the Superintendent at any time
within three years of enrolment. There shall be no appeal against an order of
discharge under this rule.
SYNOPSIS
26.
Absence
from duty.
27.
Certificate
of appointment
28.
Certificate
prescribed under Rule 12.22.
29.
Competent
authority.
30.
Discharge.
31.
Discharge
during probation on the basis of unauthorised absence.
32.
Discharge
from service for being absence from duty for a few hours.
33.
Discharge of police constable.
34.
Discharge-no
material on record to come to the conclusion that the constable was likely to
prove a good police officer.
35.
Discharge
or police constable after the grant of certificate under rule 12.22. whether
permissible.
36.
Discharge-Reinstatement
37.
Discharge-Relieved
after more than 3 years 4 months of service.
38.
Discharge
within a period of three years of enrolment.
39.
Discharge
within period of three years under rule 12.21.
40.
Natural
justice- Discharge of enrolled constable.
41.
Order
of discharge.
42.
Police
officer cannot be discharged from service on account of misconduct of absence
from duty.
43.
Power
to discharge.
44.
Power
of discharge a recruit
45.
Power
to discharge at any time within three years.
46.
Power
under-can be exercised only within three years of the enrolment of Constable.
47.
Probationer-
Removal form service-juniors retained –validity
48.
Temporary
employee- Discharge of on the ground that he having been found un- likely to
prove an efficient police officer.
49.
Termination
of services of temporary lady constable.
50.
Termination-put
in six years as constable and obtained certificate under Rule 12.22.
COMMENTS
26.
Absence from duty- Apparent that the petitioner was not merely
discharged from service but had been punished on account of the alleged
misconduct. Such an order could not have been passed except after the grant of
a due and reasonable opportunity of
hearing as contemplated under the provisions of the Punjab Police Rules
and Article 311. Paramjit Singh vs. State
of Haryana, 1991 (2) RSJ 705.
27.
Certificate of appointment- A constable who has obtained a certificate under rule
12.22 cannot be dealt with under R.12.21. if he is to be removed from service
procedure prescribed in Ch. XVI has to be followed. It is, therefore, aborts
that the order of termination of the petitioner under rule12.21 is not
justified by the police Rules. Dwaka Dass
vs. Superintendent of Police, Ludhiana, IKR (1969) II Punj.324.
28.
Certificate prescribed under Rule 12.22. The certificate prescribed under Rule 12.22 is meant
to serve the purpose of section 8 of the Act by vesting a police officer with
the powers function s and privileges of a police officer and has to be issued on his appointment as
such. The certificate is thus a letter of authority, and enables the police
officer concerned to enter upon his duties as a police officer. It has to be
granted almost from the inception, when a person is app0ointed and enrolled as
police officer, and it is not correct to say that the mere issue of the certificate
puts its holder beyond the reach of rule 12.21 even if it is found that he is
unlikely to prove an efficient police officer and has not completed the period
of three year after his enrolment. The
Superintendent of Police, Ludhiana and another vs. Dwaka Das, 1979 (1) S.L.R.
299.
29.
Computer authority. Police Force is a special kind of force for which
merely passing of examinations and tests is not enough Certain other qualities
are required as stated in rule 19.5 of the Police Rules. It was wrong that
there are no guide lines indicated in the rule for the exercise of the power by
the competent authority under rule 12.21 of the Police Rules. The guide lines
are stated in Chapter XIX, particularly rules 19.3 and 19.5. The competent
authority exercises the power under rule 12.21 on certain reports and not in an
arbitrary manner. It cannot, therefore, be said that the competent authority
under rule 12.21. exercises any arbitrary power. Sawaranpuri vs. State of Haryana, 1970 Cur. L.J. 462=1972 P.L.R. 771.
30.
Discharge. Original order
of discharge (Annexure P-=1) was set aside and the petitioner was reinstated in
service from the date of his discharge and that order of reinstatement could
not be reviewed by the authorities as there is no provision for the same, Shishpal vs. State of Haryana, 1991(2) RSI
379.
31.
Discharge during probation on the basis
of unauthorised absence.
Without going into the merits of the fact whether the petitioner has absented
himself un auhtorisedly or was in fact under medical treatment and what is the
evidentiary value of letter like Annexures P-3 and P-4, I am of the view that
the impugned order though couched in simple language is in fact by way of
punishment as the whole basis is the misconduct of the petitioner of having
absented unauthorisedly during the training course. Admittedly no enquiry was held prior to passing the
order of discharge. Om Parkash vs. state
of Haryana and others, 1991(4) S.L.R. 75=1992(1) RSI 13
32.
Discharge from service for being absence
from duty for a few hours. We
find that no doubt under Rule 12.21 of the Punjab Police Rules a Constable who
is found unlikely to prove and efficient police officer may be discharged by
the Superintendent at any time within three years of enrolment”, but the order
of discharge cannot be based on some
minor or trivial stray incident, as the language of the rule is clearly
indicative of the intention of the rule
makers; that the Constable has to be found unlikely to prove and efficient
police officer, which can only be on the basis of opinion formed by the
authorities by consistent lapses or misbehaviour on the part of the Constable
which should be incompatible with his efficiency. These tests are completely
missing in the present case and we are
satisfied that the impugned order is wholly arbitrary in as much as mere
absence from duty for a fee hours, although even that allegation is disputed by
the petitioner, is not sufficient to be the basis of the order of discharge. Dinesh Kumar vs. State of Haryana and
others, 1992(1) S.L.R. 582.
33.
Discharge—No material on record to come
to the conclusion that the constable was likely to prove a good Police Officer. There is absolutely no material on the record to
prove that the plaintiff was not likely to prove a good police officer for
which he could be discharged from service under Rule 12.21 of the Rules. It is
evident from the said rule that the Constable shall be kept under close
supervision and reported on at intervals
of six months in From 195(1) by the Sub-Inspector or Inspector under whom he is
working through his gazetted officer to the Superintendent of Police, No such
six-monthly report has been brought on the record on behalf of the defendants.
In the circumstances, there is no illegality in the concurrent findings of the
two Courts below as to be interfered with in second appeal. Punjab State through Secretary to Government
of Punjab Home Department, Chandigarh
and anr, v.s Joginder Singh, Ex-Constable, 1989(3) S.L.R. 665.
34.
Discharge of Police Constable. The Deputy Superintendent (Admn) exercises the powers
of the Superintendent of Police of a Civil District. The order of discharge
made by Deputy Superintendent of Police, therefore, was within jurisdiction. Sawaran Puri vs. The State of Haryana, 1970
Cur. L.J. 462=1972 PlR 771.
35.
Discharge of police constable after the
grant of certificate under rule 12.22 whether permissible. No constable can be discharged under rule 12.21 after
the grant of the prescribed certificate under rule 12.22 to him is to say that
rule 12.21 is non-existent, and can never come into effect. This argument was
repelled by the Division Bench in Karan Singh’s case and we are in full
agreement with the view taken by this Court. Jai Singh, Ex-Constable vs. State of Haryana and others, 1977(2) S.L.R.
371.
36.
Discharge—Reinstatement. Another significant aspect of the matter is that the
original order of discharge (Annexure P-1) was set aside and the petitioner was
reinstated in service from the date of his discharge and that order of reinstatement could not be
viewed by the authorities as there is no provision for the same. Shishpal vs. State of Haryana and others,
1991(4) S.L.R. 9-1991(3) RSI 379.
37.
Discharge – Relieved after more than 3
yeas and 4 months of service.
Under provision of P.P.R. 12.21 a constable who is found unlikely to prove an
efficient police officer ma be discharged by the Superintendent of Police at
any time within three years of enrolment. But in the instant case the
petitioner was enrolled as a Constable in 1984 (6.2.1984) and the competent
authority has passed the impugned order relieving him w.e.f. 20.6.1987, i.e., after more than 3
years and 4 months. Shishpal vs. State of
Haryana and others, 1991(4) S.L.R. 9=1991(3) RSI 379.
38.
Discharge within a period of three years
of enrolment. The Appointing
authority of the petitioner had considered has record of service on 10.2.1983 and decided to
discharge him from service under rule 12.21 of the Rules. So far as the
appointing authority is concerned, it exercised its power well within the
period of three years communicated to him five days later, i.e. on 15.2.1983
and qua the petitioner it became effective on that date and he is entailed to
salary till 15.2.1983. The assertion of the petitioner that he had unblemished
record of service has been found to be incorrect. Besides punishment awarded to
him at three occasions for lapse on his part in stance of his absence from
duty recorded in the office file, which
was also placed before the appointing authority. He willfully absented himself
from duty for about ten hours from 10.P.M. on 1.12.1982 to 8.30 A.M. on
2.12.1982. he made an excuse that he was not feeling well but his version was
disbelieved.
In
view of the instances of lapse on the
part of the petitioner in the performance of his duties mentioned in the written
statement as also recorded in the office file which were taken into
consideration by the appointing authority while exercising power under the
aforesaid rule, no fault can be found with the said order. The contention of
the learned counsel for the petitioner that the order Annexure P.5 is not a
speaking order has also no force. It is a simple order of discharge and no
reasons in support of the same were required to be given. Vinod Kumar vs. State Haryana and another, 1986(3) S.L.R. 311.
39.
Discharge within period of three years
under rule 12.21. The
petitioner having once undergone a rigorous training and various tests provided
by the various sub-rules of rule 12 and sub-rules (2) and (3) of rule 19 there
can be no question of his being declared to be not likely to be an efficient
police officer. We are unable to find any force in this argument. Rules 19.2,
19.3 and 19.4 are succeeded by rule 19.5 which by way of abundant caution
makers it clear that all the provisions contained therein are subject to rule 12.21.
the initial training provided for in the
various provision of rule 12 is in order
to qualify a constable for enrolment. The period of three years during which a
constable can be discharged under rule 12.21 is in the nature of a probationary
period. The fact that a constable undergoes training and rigorous tests rule
12.21. Jai Singh, Ex-Constable vs. State of Haryana
and others, 1977(2) S.L.R. 371.
40.
Natural Justice – Discharge of enrolled
constable. It cannot be
disputed that he from of the order is not decisive as to whether the order is
simple order of discharge under Rule 12.21 of the Rules. It is always open to
the Court before which the order is challenged to go behind the form and
ascertain the true character of the order. If the Court holds that the order
though in the form is merely a determination of employment is in reality a
cloak for an order of punishment, the court would not be debarred, merely
because of the form of the order, in giving effect to the rights conferred by
law upon the employed. It gives an absolute power to the Superintendent of
Police discharge a constable who is found unlikely to prove an efficient police
officer. This rule applies where the constable is found not upto the mark in
discharging his official duties. It relates to his functioning as a police
constable. If an objective data available, the Superintendent of Police opines
within three years of the enrolment of the Constable that he is not likely to
prove an efficient police officer, the Constable can be discharged from service
under the Rules. If he is accused of misconduct, then he is to be dealt with
under Rule 16.24 of the Rules. Rule 16.24. lays down the procedure to be
followed in departmental enquiries. If a Police Officer is accused of
misconduct, the superior officer may direct an enquiry to be conducted against
him unless the allegations are such that it can form the basis of criminal
charge, the superior officer shall decide at that stage whether the officer
accused of misconduct shall be tried
departmentally firs and judicially thereafter. Jagit Singh, Ex-Constable vs. The Director General of Police and
another, 1990(6) S.L.R. 700=(1)RSI 654.
41.
Order of discharge. No departmental enquiry held against him. Purpose of
impugned order found to be punitive. Jagit
Singh vs. Director General of Police and others, 1991(1) RSJ 654
42.
Police officer cannot be discharged from
service on account of misconduct of absence from duty. Even though a reference has been made to Police Rule
12.21, yet it has been clearly stated herein that the petitioner had been
dismissed from service w.e.f. May 30, 1990. It is also clear from a perusal of
the documents on record as also the written statement that the petitioner was
accused of being absent from duty. He had been called upon to show cause as to
why action be not taken against him. In this situation, it is apparent that the
petitioner was not merely discharged from service but had been punished on
account of the alleged misconduct. Such an order could not have been passed
except after the grant of a due and reasonable opportunity of hearing as
contemplated under the provisions of the Punjab Police Rules and Article 311 of
the Constitution. Paramjeet Singh vs.
State of Haryana and others, 1991(6) S.L.R. 313 = 1991(2) RSJ 705
43.
Power to discharge a recruit. The Police Rules disclose that the constable are
appointed under rule 12.12. They are recruited and then their names are entered
in the register of recruits. Thereafter, their physical fines is ascertained
under rule 12.15. They are subjected to medical examination under rule 12.16
and after they have been declared medically fit, they are enrolled in the order
book in Form 12.13. Thereafter the recruit is sent to the Lines officer who
personally places him in the charge of the Chief Drill Instructor and
thereafter his training starts. Rule 12.18 prescribes for the verification of
the character of the recruit. rule 12.20 deals with dated of enrolment. Then
follows rule 12.21 which confers powers on the Superintendent of Police to
discharge a constable. In the context of the Police Rules, it appears that this
Rule is meant to finally screen suitable persons who should be appointed to the
police force. It is after a period of three years screening that a recruit is
entitled to be enrolled as a police constables and then a certificate of
appointment is issued to him in the Form 12.22(1) unless within the period of
three years, he is discharged from service. There is no rule in the Police
Rules providing for confirmation of temporary police constables. It is evident
from the scheme of the Police Rules that the power to discharge a recruit, and
here I must emphasise that all recruits are temporary hands, is with the
Superintendent of Police and has to be exercised by him within a period of three
years from the date the constable is brought on the register of enrolled
recruits. As a matter of fact, under rule 12.18, a recruit can be provisionally
enrolled pending, the result of reference as to his character. Therefore, if
the intention was that a person should still remain a temporary hand after a
certificate to him had been issued under rule 12.22, the framers would have
made a similar provision as has been made in rule 12.20 namely that he will
still be a provisional hand in the police force.
After
reading the rules in Chapter XII in their proper context, the result is that a
constable who has obtained a certificate under rule 12.22 cannot be dealt with
under rule 12.21. If he is to be removed from service, procedure prescribed in
Chapter XVI has to be followed. It is, therefore, obvious that the order of
termination of the petitioner under rule 12.21 is not justified by the Police
Rules and, therefore, must be quashed.
We
may make it clear that we are not pronouncing upon the fitness of the petitioner
to be retained in the police force. That is a matter which the Superintendent
of Police or any competent authority in this behalf is entitled to determine.
It will be open to them after following the procedure prescribed in Chapter XVI
to dispense with the services of the petitioner if they are of the opinion that
he is not a suitable person to be retained in the police force. We are only
striking down the order because the order could not be passed under Rule 12.21.
Shri Dwarka Dass vs. The Superintendent
of Police, Ludhiana and other, 1968 S.L.R. 760
44.
Power to discharge at any time within
three years. Every service is
governed by its own reles. No service rule can be struck down as being ultra
vires Article 16 of the Constitution merely because it is more vigorous than
the corresponding rule for some other service of the State or because its equal
cannot be found in any other service. Eualityd of o9pportunity is guaranteed
amonst equals. Inasmuch as the rule is the same for all the Constables in the Punjab
Police Force the argument of discrimination is wholly fallacious. Jai Singh, Ex-Constable vs. State of Haryana
and others, 1977(2) S.L.R. 371
45.
Power to discharge. We are fortified in this view of ours by the
authoritative pronouncement of their Lordships of the Supreme Court in S.P. Vasudeva vs. State of Haryana and
others, AIR 1975 SC 2292. Indeed Mr. Saini concedes that if the constable
covered by rule 12.21 can be equated to a probationer, he cannot press this
argument. His submission however, is that according to rule 13.18 the constable
are not governed by any rule as to probation. There is no doubt that rule 13.18
which refers to probationary period neither has not can have any application to
constables, but the provisions of rule 12.21 provide for same kind of
probation, and though this is not called a probationary period, it is in fact
nothing short of making a special provision of that nature. Article 311 of the
constitution has, therefore, no application to this case. Jai Singh, Ex-Constable vs.
State of Haryana and others, 1977(2) S.L.R. 371
46.
Power under –- Can be exercised only
within three years of the enrolment of Constable. Only point on behalf of the appellant is, that this
case was fully covered by the decision of the Division Bench in Dwarka Das’s case (ibid), the ratio of
which would be binding on this Bench. In other works, he reiterates point No. 3
conversed by him before the learned Single Judge and maintains that the issue
of the certificate under rule 12.22(1) had conferred on the appellant the
substantive rank of the constable vesting him with the powers, functions and
privileges of a police officer. The argument proceeds that the appellant thus
had a right to hold the post and his summary discharge amounts to a punishment,
which could not be awarded without complying with the procedure laid down in
Article 311, the Police Rules indicate that every person is enrolled in Police
Force on a sort of probation for a period of three years and during this
period, at any time, the Superintendent of Police can discharge him from
service, if it is found that he is “unlikely to prove an efficient Police
Officer”. This is provided in rule 12.21.
A
plain reading of rule 12.22(1) and the prescribed form shows that this
certificate is issued at the time of enrolment and not as proof by his having
satisfactorily completed the three years’ period of ‘probation’. Indeed, in the
instant case, this enrolment, viz November 17, 1966. Of course, three are some
observations in Dwarka Das’s case (ibid)
that such a certificate in the prescribed Form under rule 12.22(1) is to be
issued only after the satisfactory completion of the three years’ probation by
a recruit and that a Constable who has obtained such a certificate cannot be
dealt with under rule 12.21. These observations as rightly pointed out by the
learned Single Judge, “having to be taken in the context of that case and in my
opinion, cannot be applied to the case of a constable who is discharged from
service before the expiry of the three years by the Superintendent of Police
under the power vested in him by rule 12.21”. The distinguishing feature of
Dwarka Das’s case, was the constable’s services were terminated as no longer
required after he had satisfactory completed three year’s service from the date
of his recruitment. In other works, the power under Rule 12.21 can be exercised
only within three years of the enrolment of Constable and no thereafter. Since
that period of three years had expired, Dwarka Das Could not be validly
dischargedunder rule 12.22(1). Karan
Singh vs. The State of Punjab and others, 1972 S.L.R. 624
47.
Probationer – Removal from service –
Juniors retained – Validity. There
is not even a word either on the record or otherwise to show that the enquiry
with respect to the alleged misconduct was to find out the suitability to
retain in service. It is obvious that the enquiry was with and intention to
punish the delinquent plaintiff as well as Jasbir Kaur. In order to find out
whether an apparently nocuous order is in substance by way of punishment, one
has to look on the facts which preceded and succeeded. In order to do
substantial justice, the Court can go behind an ostensibly innocuous order to
find out the real nature of the order by removing veil. Undoubtedly, the
impugned order by which the plaintiff who was a probationer and, has been
removed does affect her reputation as a female member of society as well as her
future chances of service. Had an opportunity been given to her, she would have
shown that the alleged misconduct attributed to her in no way affected her
being an efficient police officer to be retained in police service. At any rate
the discharge of the plaintiff from service is totally discriminatory as the
alleged misconduct similarly attributed to Jasbir Kaur was no found to be
sufficient to hold that she will not prove to be an efficient police officer. Punjab State and another vs. Smt. Kamlesh
Kumari, 1988(1) S.L.R. 614
48.
Temporary employee – Discharge of
on the ground that he having been found unlikely to prove an efficient Police
Officer. The impugned order of discharge from service was no made in
accordance with Rule 12.21 of the Punjab Police Rules. 1934 and in accordance
with the terms and conditions of the letter of appointment but it was made by
way of punishment. The Commandant – respondent No.2, vide his dated 29.9.1987
had asked the petitioner to resume duty otherwise departmental action would be
taken against him. In the background of these facts and circumstances it is
clear that the impugned order of discharge from service was made on the ground
of his misconduct i.e. absence from duty and it is penal in nature. In the case
of Rajinder Kaur vs. Punjab State and
another, 1986(3) SLR 78, replying upon the decisions in the cases of Shamsher Singh and another vs. State of
Punjab, 1975(1) SCR 814 and Anoop
Jaiswal vs. Government of India and another, 1984(2) SCR 453, the Supreme
Court held that the impugned order of discharged though couched in innocuous
terms, was merely a camouflage for an order of dismissal from service on the
ground of misconduct. That order was made without serving the appellant any
charge-sheet, without asking for any explanation from her and without giving
any opportunity to show cause against the purported order of dismissal from
service and without giving any opportunity to cross-examine the witnesses
examined, that is, in other words in total contravention of the provisions of
Article 311(2) of the Constitution. Rajender
Singh vs. State of Haryana and another, 1989(2) S.L.R. 79 = 1991(1) RSJ 761
49.
Termination of services of temporary
lady constable. The impugned
order of discharge though couched in innocuous terms, is merely a camouflage
for an order of dismissal from service on the ground of misconduct. This order
has been made without serving the appellant any charge-sheet, without asking
for any explanation from her and without giving any opportunity to show cause
against the purported order of dismissal from service and without giving any
opportunity to cross-examine the witnesses examined, that is, in other words
the order has been made in total contravention of the provision of Article
311(2) of the Constitution. The impugned order is, therefore, liable to be
quashed and set aside. A writ of certiorari be issued on the respondents to
quash and set aside the impugned order dated 9.9.1980 of her dismissal from service. A writ in the
nature of mandamus and appropriate directions be issued to allow the appellant
to be reinstated in the post from which she has been discharged. The appeal is
thus allowed with costs. The authorities concerned will pay all her emoluments
to which she is entitled to in accordance with the extent rules as early as
possible in any case not later than
eight weeks from the date of this judgment. Rajindar
Kaur vs. Punjab State and anr. 1986(3) S.L.R. 13.
50.
Termination – put in six years of
services as constable and obtained certificate under Rule 12.22. The petitioner having been recruited as a Constable
on May 11, 1967, his service could be terminated by the Superintendent of
Police under rule 12.21 till May 10, 1970. The Superintendent of Police could
not invoke his authority under rule 12.21 of the Rules after the expiry of
three years with effect from May 11, 1967. The impugned order Annexure P.1
having been passed on July 16, 1973, is violative of Article 311 of the
Constitution read with rule 12.21 of the Rules.
It
is clear that the impugned order Annexure P.1 having been passed after expiry
of three years of the enrolment of the petitioner as a constable cannot be
sustained. The instructions dated December 11, 1963, issued by the deputy Legal
Remembrancer and referred to in the written statement of the Superintendent of
Police, Hoshiapur, are hardly relevant to the point under consideration. In the
first place these instructions do not lay down that the service of a police
constable who has put in more than three
years can be terminated under rule 12.21 of the Rules by giving him tow months’
notice. And secondly any such instruction, if so issued, shall have to be
ignored being illegal. Curdev Singh,
Constable vs. State of Punjab and others, 1982(2) S.L.R. 365.
12.22. Certificate
of appointments. – (1) Every enrolled
police officer shall be given a certificate of appointment in the form
prescribed by the Police Act (Form 12.22 (1)) and shall sign a receipt therefor
in his character roll. Such certificate shall be signed by the gazetted officer
empowered to make the appointment.
(2) Such certificate shall be in abeyance
during periods of suspension and shall be surrendered on leaving the service.
SYNOPSIS
1. Appointment of the post of DIG. The Additional
Supdt. of Police who initiated the disciplinary proceedings against the
petitioner, has not been mentioned under Section 7 of the Police Act, 1861 as
one of the authorities competent to do so. The service record of the petitioner
also contained entries indicating that the verification of the service of the
petitioner from 18.7.1949 to 31.12.1961 was made “ for Senior Supdt. of Police,
Delhi”. The service roll of the petitioner
indicates that the appointing authority of the petitioner was the Senior
Supdt. of Police. Lakhi Ram vs. Union of India and others,
1989(7) S.L.R. 365.
12.23. Trackers. – (1) In districts where tracking by indigenous methods is an established
custom, professional trackers may be appointed to the police by Superintendents
either as constables or head constables according to their qualifications and
up to the age of 35 years.
(2) The
physical standards prescribed in rule 12.15 shall not be obligatory in the case
of trackers, but rules 12.16 and 12.18 shall apply to them. Trackers, who prove
unsatisfactory in respect of character and skill, may be discharged at any
time. Men enlisted as trackers shall not be promoted or transferred for general
police duties, unless they are thoroughly qualified for such duties.
(3) The
number of professional trackers to be enrolled in any district, and the number
of such appointments which may be made in the rank of head constable, shall be
fixed by the Deputy Inspector-General from time to time, in accordance with the
requirements of the criminal situation and the interests of interests of the
service. Professional trackers should ordinarily be employed entirely as such
and should not be trained in drill, musketry or the general duties of a police
officer. Men so enrolled and employed shall be issued with an appointment certificate (rule 12.22),
but shall receive only a partial issue of uniform and equipment, comprising
warm clothing and such articles of the full kit as are necessary for their
duties.
(4) When
considered advisable one or more trackers may be enlisted in sanctioned
additional police appointments.
(5) The
indigenous system of tracking is based on hereditary lore and custom; and
utility of a tracker skilled in that system is, therefore, limited in the main
to the area in the neighbourhood of his home, or to areas of similar physical
characteristics inhabited by people of similar habits and customs. For these
reasons it is useless to import to an area where local trackers are
unobtainable a tracker from a distant and dissimilar area. In cases where a
professional tracker is both willing to serve away from his home, and is proved
by practical tests to be capable of exercising his skill successfully under the conditions in which it is desired to
employ him, he may, with the sanction of the Deputy Inspector-General, be
enrolled.
12.24. Enlistment of ex-soldiers, reservists and
ex-police officer. – (1) Re-enrolment
in the rank of constable is permitted and past service will count for pension
under the following conditions and subject to the further conditions as to
pensions contained in rule 9.2 and 9.29:-
(f)
Ex-soldiers
of the Indian Army and ex-members of police forces ( including Military
Police), paid for from the general revenues of India, may be enlisted as
constables on production of a discharge certificate showing their previous
service to have been “good” or of higher classification, and if they fulfil the
physical and other standards required by these rules for first appointments.
They must also be passed medically fit
by the same standards as are applied to recruits.
(g)
Age
on the date of re-enrolment in the police must be below 30, but ex-Punjab
police officer, and, with the special sanction of the Inspector-General n each
case, ex-soldiers and ex-members of other police forces may be re-enlisted up
to the age of 55, if they present themselves for re-enrolment and are found
medically fit within two years of [voluntarily taking For Punjab only] their
discharge.
(h)
The
break of service between the date of enrolment in the police and the date of
discharge from previous army employed shall nto exceed two years, and there
must not have been more than tow breaks of service in all.
(i)
No
claim to count previous service for pension shall be allowed unless the
previous service claimed was declared and verified at the time of enrolment in
the police.
(j)
Service
in body of additional police shall be counted for increments in the case of a
constable transferred to the regular force immediately on such transfer.
(2) No
class A Army reservist or member of Indian Territorial Force may be enrolled in the police until he
has resigned his appointment in such force.
Cavalry
and Infantry reservists of the Indian Army below the age of 30 years may be
enrolled, provided that their military service records show good conduct. Such
reservists shall not be required to
undergo annual military training provided that it is certified that they are
trained in drill and fire a musketry course each year. The certificate will be
signed by the Assistant Inspector-General, Government Railway Police, Punjab, or by the Superintendent of Police of
the district in which the reservist is serving.
The
ordinary police musketry course is sufficient for this purpose, vide Government
of India, Home Department letter No. F- 28/11/31 Police, dated the 22nd
September, 1931.
Reservists
of other branches of the Indian Army may also be enlisted in the police,
provided that the conditions of their reserve service and periodical training
as laid down in paragraph 170 of the
Regulations for the Army in India do not interfere with their police duties.
The
total number of all classes of reservists should not exceed five percent of the
sanctioned strength of constables in each district. They should be released
from employment immediately mobilization is ordered to enable them to rejoin
the colours.
(3) Claims
to count service for pension shall, when the above conditions are fulfilled, be
dealt with as required by rules 9,2, 9.3
and 9.29. In the case of previous military service, the condonation of breaks
and admission to count for police pension require the sanction of the local
Government. Such claims must therefore be for warded through Deputy
Inspectors-General to the Inspector-General for obtaining such sanction.
(4) Original
discharge certificates, character rolls and service books, or such of those
documents as may be available, shall be submitted in support of claims under
this rule.
NOTE:-- A case in which it is desired to appoint a person,
with previous military or police service, to a rank of and above that of head
constable, shall be decided in the light of so much as is applicable of this
rule read with other rules in this chapter.
12.25.
Re-enrolment of Police Pension. – (1)
Under the rule orders contained in Articles 511 to 519, Civil Service
Regulations, a police officer who has been discharged with a compensation or
invalid gratuity or pension may be re employed in the police service up to the
age of 55 subject to the following conditions.
(c)
He
nay either refund the gratuity or cases
to draw pension, in which case he may count his former service for future
pension, or he may retain his gratuity or pension in which case he cannot count
his former service towards future pension.
(d)
He
shall be re-examined by the Civil Surgeon of the District in which he has been
re-employed and certified as medically
fit for service, and shall produce a discharge certificate showing that his
previous service was classed as not lower then “good”.
(2) The order re-enrolling such officer shall
specified state the amount of any gratuity, bonus or pension received by him on
discharge, and a copy of such order shall be communicated to the
Accountant-General. Directions shall also be given, if necessary, for proper
deduction to be made from his pay.
SYNOPSIS
2.
Judicial Set up.
COMMENTS
9.
Judicial set up. Recourse to the legal proceedings can be had one
police constable or more police constables collectively if their grouse is
made. Certain collections are made by those aggrieved constable, to meet out
the litigation expenses the same would not amount to misconduct under Rule
12.25(4) of the Rules Constable Gurmukh
Singh vs. The State of Punjab and others,1992(1) RSJ 757
12.26.
Inter-district transfers. – Exchange
of appointment between lower subordinates in district of the same range, or
between such police officers in the railway and district police, may be
effected subject to the approval of the Superintendents concerned (or of the
Assistant Inspector-General in cases affecting the railway police). A lower
subordinate may be transferred to fill a vacancy in a district other than that
in which he is serving only with the sanction of the Deputy Inspector-General
of the range. In cases of transfer from and to district in different ranges, or
from and to the railway police, the sanction of both Deputy Inspector-General
concerned and the Assistant Inspector-General, Government Railway Police, is
required.
12.27.
Dismissed persons not to be enlisted. – No
person who has been dismissed from any Government employ shall be enrolled in
the police without the special sanction the Inspector-General.
12.28.
Character rolls. – A character roll
in Form 12.28 shall be prepared and maintained for each enrolled police
officer. Each roll shall be paged and extra pages or papers added shall be
given a page number and attached in chronological order.
12.29.
Attestation of recruits and preparation of character rolls. – When the formalities required by rule 12.18 have been
completed, and the recruits has served for one month and received the
instruction prescribed in rule 19.18, his character roll shall be prepared in
his presence. When the roll is otherwise complete the recruits shall be taken
before a gazetted officer and required to sign the agreement printed as item 4
in the roll and the rolled impressions of the thumb and fingers of his left
hand shall be taken in the space provided for the purpose. The gazetted officer
before signing the roll shall satisfy himself that the recruit understands the
purport of his agreement, and shall explain to him the purport of rule 9.7 and
give him the opportunity of claiming alternation in his recorded age.
12.30 Matters to be entered in character rolls – All
routine entries in character rolls shall be attested by a gazetted officer.
Important entries shall ordinarily be made by the Superintendent or a gazetted
officer under the orders of the Superintendent.
12.33
Points to be attended in maintaining
character rolls – In compiling
and maintaining character rolls the following points shall received attention
:-
(vi)
The
authority for transfer beyond the district shall be entered.
(vii)
A
note shall be made of the result of verification of character with a reference
to the original report in the vernacular personal file.
(viii)
Every
entry under items 13, 14 and 15 respectively shall be given as serial number
and shall be signed and dated by a gazetted officer.
(ix)
Major
punishments shall be entered in red ink and minor punishments in black ink.
(x)
Particular
care shall be taken to ensure the accuracy of entries under items 6 and 21.
Inspecting officers, when checking character rolls, should verify a proportion
of such entries by reference to the order book and acquittance rolls.
12.34
Records to be attached to character
rolls – The following records
shall be attached to character rolls:---
(h)
Health
Certificate (form 10.64);
(i)
Medical
history sheet [form 12.32(b)];
(j)
Leave
account (F.R. form No. 9-A. O>S. 113-A);
(k)
Statement
of land held in case of Head constable [form 14.23(1)(a)];
(l)
Record
of posting [form 12.32(e)];
(m)
Progress
report on probationary inspectors, sub-inspectors and Assistant sub-inspectors
(form 19.25);
(n)
Sheet
showing marking system in connection with promotion to the selection grade of
constable [form 13.5(6)].
12.33 Transcribing of character rolls and extracts
therefrom – Whenever it is found necessary to transcribe character and
service rolls each separate page shall be attested by the full signature of the
Superintendent who causes the copy to be made, or of a gazetted officer acting
under his orders.
Below the last entry in a character
and service roll thus copied a certificate shall be appended by the
Superintendent to the effect that he has carefully compared the copy with the
original and that it is correct.
Extract shall be attested by the
full signature of the gazetted officer who orders them to be made.
12.34 Nature of entries to be made in character
rolls – Entries of a commendatory nature in character rolls shall
ordinarily be restricted to copies of commendation certificate awarded. Remarks
of a general nature, favourable or adverse, regarding an officer’s character or
services may appropriately find a place in confidential annual reports,
recommendations for promotion and the like, and, in such form will be recorded
in the personal files of upper subordinates. When a District Magistrate,
Superintendent of Police or other gazetted police officer wishes formally to
record his favourable opinion of an officer apart from the record of any
specific act, such remarks should be made and presented to the officer concerned in the form of a commendation
certificate Class III (rule 15.3). Copies shall not ordinarily be entered in
the character roll. When a judicial officer other than a District Magistrate
desires to bring to notice good work on the part of an enrolled police officer,
he shall do so by means of a letter to the Superintendent of Police, who may,
if he sees fit, cause a commendatory entry to be made in the character roll of
the police officer concerned, giving him a copy of such entry. Such entries
shall not ordinarily be made. Rule 16.8 regulates the record of censures in
character rolls.
(2) The procedure specified in
sub-rule (1) above is the only one authorized for the record of commendations,
other than specific rewards granted under the provisions of Chapter XV. Police
officers are strictly forbidden either themselves to give to their subordinates
or to accord any recognition to private and unauthorized testimonials from
others.
12.35 Custody of character rolls – Character
and service rolls shall be kept in a locked cabinet containing a sufficient
number of drawers for the purpose. The rolls of upper subordinates shall be
kept in the upper drawers, and those of lower subordinates in the other
drawers, according to their district constabulary numbers.
The rolls of men who have quitted
the service or died shall be kept in a separate drawer for three years, after
which they and the vernacular personal files (rule 12.39) relating to them
shall be destroyed.
12.36 Service Books – (1) Service books in form
F.R. 10 as required by Articles 73 and 74, Civil Account Code, shall be
maintained for all upper subordinates and establishment appointed otherwise
than under the Police Act to whole-time pensionable employment.
(2) Service books shall be kept in
the office in which the pay of the person concerned is drawn. Entries in
service books shall be in English and shall be properly attested by the
Superintendent. When non-gazetted officers are officiating in gazetted appointments
their service books shall be kept by the head of the office to which they are
posted, and when they are confirmed in such appointments the books shall be
sent to the Accountant-General, Punjab, for record.
(3) The service books in each office
should be taken up for verification of pensionable service at a fixed time each
year, say in January, by the head of the office who, after satisfying himself
that the services of the Government servant concerned are correctly recorded in
his service book, should record in it a certificate in the following form over
his signature: -
“Service verified up to ………………
(date) from …….. (the record from which the verification is made).”
The head of the office in recording
the annual certificate of verification should, in the case of any portion of
service that cannot be verified from office records, distinctly state that for
the excepted periods (naming them) a statement in writing by the Government
servant, as well as a record of the evidence of his contemporaries, is attached
to the book.
(4) When a non-gazetted officer is
transferred form one office to another the head of the office under whom he was
last employed, should record in the service book over his signature the result
of the verification of service, with reference to pay bills and acquittance
rolls, in respect of the whole period during which the officer was employed
under him before forwarding the service book to the office where the services
are transferred.
The above-mentioned instructions
apply to clerks on the police clerical cadre and to all upper subordinates.
(5) In this connection the character
rolls of lower subordinates may be considered to be service books, and before a
lower subordinate is transferred his services up to the date of transfer should
be verified from office records and the necessary certificate given in the
character roll.
12.37 Personal files of gazetted officer – A
personal files shall be maintained by the Inspector-General of each gazetted
officer. This shall contain,---
(g)
Articles
of agreement.
(h)
Names
and addresses of nearest relatives.
(i)
Statements
of land held, with particulars of locality.
(j)
Distinctions
granted.
(k)
Annual
confidential reports.
(l)
Such
other papers as the local Government may order, or the Inspector-General may
consider desirable, to have place on the personal file.
Officers
shall inform the Inspector-General of all changes in respect of land held by
them.
12.38 English personal files of upper
subordinates – (1) An English
personal file with an opening sheet in Form 12.38(i) shall be maintained in the
original in the office of the Inspector-General for each Inspector and Sergeant
and for each Sub-Inspector, whether of the prosecuting or of the General Line,
whose name is entered in list ‘F’ and in the office of the Deputy
Inspector-General and the Assistant Inspector-General of the Government Railway
Police for all other Sub-Inspectors and for Assistant Sub-Inspectors. Duplicate
personal files of Indian Inspectors of the General Line, of Sub-Inspectors on
List ‘F’ and of all Sergeants shall be kept in the offices of the Deputy
Inspector-General and the Assistant Inspector-General of the Government Railway
Police. These duplicate personal files will be transferred from office to
office as necessitated by transfers of the officers concerned, and will
continue to be maintained until the officers are confirmed, Inspectors and ‘F’
list Sub-Inspectors in Gazetted rank, and Sergeants in the rank of Inspector.
On such confirmation duplicate personal files will be destroyed by the Officer
in whose custody they are at the time.
(2) In such personal files shall be
recorded,---
(f)
the
original confidential annual reports submitted by Superintendents.
(g)
any
remarks regarding the working and character of officers which the
Inspector-General or Deputy Inspector-General may deem fit to enter.
(3) Part I of
the Personal File
should be prepared by Superintendents of Police
personally
before submission of higher officers for signature and should not merely be a
copy the officer’s original application for employment. Only such details
should be entered as have been fully verified. Care should be taken that only
near relations should be given under serial No.9 and the exact degree of
relationship should always be shown.
(4) English personal files of upper subordinates shall
be confidential records, and shall not be destroyed during the life time of the
officers concerned.
(5) Personal files are confidential
documents maintained by government for its own purposes. Reporting officers are
entitled to assume that their remarks will be treated as confidential, i.e.,
they will be divulged only to Government through the correct channels and by
Government, at the discretion of Government, only to the officers concerned.
The giving of copies of personal files or extracts therefrom is, therefore,
prohibited. It is, however, permissible for the Inspector-General or higher
authority to give to officers, who have retired or are on the point of
retirement, a letter in which their official record is summed up.
12.39 Vernacular personal files – A vernacular
personal file (fauji misal) shall be maintained in each district office for
every upper and lower subordinate serving in the district. The filed are
intended for the record of original orders and papers concerning an officer’s
service and conduct, and are supplementary to the character roll.
(2) Each officer’s personal file
shall contain:---
(e)
the
lambardar’s certificate as to his character, given on enrolment.
(f)
All
punishment files or attested copies of orders of punishment (rule 16.24(iv)).
(g)
Orders
and other records of minor punishments not entered in the character roll.
(h)
Other
papers which it is desirable to keep on record.
(4)
Personal
files shall be arranged according to provincial, range and district Constabulary
numbers and each file shall be paged and an index thereof kept in Form
12.39(3).
12.40 List of vacancies – The orderly head
constables shall maintain a list of vacancies in form 10.86, omitting columns
14 and 16.
12.41 Long Roll – (1) A vernacular long roll in
Form 12.41(1) containing the name of every enrolled police officer subordinate
to he Superintendent shall be maintained in each district by the orderly head
constable as a permanent record. The entries shall be made by provincial, range
and constabulary numbers, and space shall be left under each number for six
fresh entries.
(6)
When
a constable or head constable is struck off the establishment for any cause or
promoted to a rank bearing a provincial or range number his constabulary number
shall be given to his successor in office, whose name shall be entered
immediately below the former entry.
(7)
Constabulary
numbers, except on occasions of promotion to a rank bearing a provincial or
range number of transfer to another district, shall not be changed.
(8)
In
the column of remarks a note shall be made of each punishment awarded, giving
the serial number and year of the entry in the punishment register.
(9)
The
long roll is a mot important record and should be checked by a gazetted officer
at least twice a year. It is the basis for the preparation of discharge
certificates (rule 14-12), is frequently required for reference in pension
cases and is the only record of the service of a man who has left the force,
after his character roll has ben destroyed under rule 12-35.
14-43. Zaildars
or honorary police officers. – (1)
With a view to enlist the assistance of persons of character and influence in
rural districts, a certain number of this class shall, subject to budget
provision, be appointed zaildars or honorary police officers with an annual
honorarium of not less than Rs. 150 each. Such honoraria shall be drawn by
Superintendent in special establishment bills in which the names of the
zaildars shall be given and the sanction to appointment quoted.
(6)
On
a vacancy occurring in the office of a police zaildar, the District Magistrate,
with the concurrence of the Superintendent, may appoint a police zaildar,
subject to confirmation by the Commissioner.
(7)
Each
police zaildar shall be responsible for the prevention and detection of crime
in the group of village which may be assigned to him as his zail or sphere of
duty. He shall report verbally, or in writing, at his option, to the officer
in-charge of the police station in which his zail is situated, all cognizable
cases which occur within such zail. Such zaildar shall be subordinate to the
officer in-charge of the police station in which his zail is situated, and they
shall mutually aid one another to the best of their ability.
(8)
Police
zaildars shall be liable to any departmental punishment except dismissal. The
District Magistrate may, with the concurrence of the Superintendent, dismiss a
police zaildar; or, in the event of a difference of opinion, the matter shall
be referred to the Commissioner, whose decision shall be final.
(9)
When
the District Magistrate considers it necessary to create a new zail be should
prepare a sketch map showing the villages to be included in such zail and the
position of the nearest police station, and submit it with a report, after
consultation and in communication with the Superintendent, through the
Commissioner, for the orders of Government, giving his reason for considering
such measure desirable, and stating the name, position and character of the
person he recommends for such appointment, and the amount of the annual
honorarium to be given to him. Proposals for such zail shall be confined to
sparsely populated tracts.
APPENDIX No.
12.1.
For the appointment and training of
Deputy Superintendent of Police in the Punjab the following rules shall have
effect:---
I. Deputy Superintendents shall be
appointed (a) by direct recruitment form among persons not already in
Government service, (b) by the promotion of Inspectors.
II. The qualifications for direct
appointment shall be:---
(a) The candidate shall be, at the time of
appointment, between the ages of 21 and 25.
(c)
He
must produce a certificate of physical fitness as prescribed in rule 10 of the
Fundamental Rules read with Police Rule 12.15(1).
(h)
He
must produce evidence of social status qualifying him for the postions of a
gazetted officer.
(i)
He
must have educational qualifications ordinarily not less than the degree of
Bachelor of Arts of the University of the Punjab or Delhi or the Aligarh Muslim
University and must produce evidence of his ability to speak and read Urdu
fluently and to write the Persian character with facility.
(j)
He
must be a statutory native of India domiciled in the Punjab, North-West
Frontier Province, Baluchistan or Delhi, or in an Indian State under the
political control of His Excellency the Governor of the Pujab or the Agent to
the Governor-General in Council has made a declaration under Section 96-C of
the Government of India Act.
IV.
Applications
from persons who possess the above qualifications shall be
received
by the Inspector-General of police and submitted by him to the Honourable and
Finance Member. If the latter so directs, the applicant shall be informed by
official letter that he has been accepted as a candidate, and his name shall be
entered in the register of such accepted candidates maintained by the
Inspector-General of Police.
IV. Promotions from the rank of Inspector
shall be made by His Excellency the Governor after considering the
commendations of the Inspector-General of Police.
B – Not more than 20 per cent of the vacancies which occur will be filled
by direct appointment; the remainder will be filled by the promotion of
inspectors.
VI. All direct appointments will be made by
the Local Government after considering the recommendations of a Selection Board
consisting of:---
A Financial
Commissioner, Punjab.
The Inspector-General of
Police.
The Commissioner,
Lahore.
VII. The Selection Board shall require evidence
from candidates for direct appointment of good moral character, physical
activity and ability to ride, and shall submit them to such tests as they may
think desirable, in order to judge their suitability for appointment, and to
check the qualifications specified in paragraph II. In the case of candidates
for direct appointments whose fathers are or have been Government servants, the
Selection Board shall state the fact in making its report to Government.
VII. All appointments shall be on probation for
two years, provided that, in the case of officers promoted from the rank of
Inspector, the Local Government may, by special order in each case, permit
periods of officiating service in a past in the Provincial Police Service to
count towards the period of probation.
VIII. Directly
appointed probationary Deputy Superintendents of Police will be required to
undergo the course of training at the Police Training School prescribed form
time to time for probationary Assistant Superintendent of Police and to pass
the examinations, other than language examinations, prescribed for such
officers. Such probationers may also be required to pass in Punjabi by the
tests prescribed for offices of the Privincial Civil Service. On conclusion of
their period of training at the Police Training School probations will be
attached to a district for a further period of training of one year.
XI. The services of a directly appointed
probationary Deputy Superintendent of Police may be dispensed with by order of
the Local Government, either on his failing to pass the final examinations at
the end of his period of training at the Police Training School, or on failing
to pass his examination in Punjabi within two years of appointment, or on his
being reported on, during or on conclusion of his period of probation, as unfit
for his appointment; provided that the Local Government may, if it sees fit extend
the period of probation by not more than one year.
X. The Principal of the Police Training
School shall submit to the Inspector-General reports on the work and character
of probationary Deputy Superintendents of Police is the same form and at the same
intervals as may be prescribed for probationary Assistant Superintendents of
Police. Deputy Inspectors-General shall submit similar reports regarding each
directly appointed probationary Deputy Superintendents of Police undergoing
training in districts of their ranges six months after the appointment to a
district, and on conclusion of a year’s district training in each case.
XI. The Inspector-General of Police may
require any probationary Deputy Superintendent of Police promoted from the rank
of Inspector to undergo a special course of training and to pass the prescribed
examinations in any subject or subjects, including an obligatory language, in
which his qualifications may be defective. Deputy Inspector-General shall
submit to the Inspector-General at intervals of six months throughout their
period of probation reports on the work, character and suitability for gazetted
rank of each such probationer appointed by promotion, who may be serving in a
district of their range. Any such probationer failing to pass any examination
prescribed for him, or being unfavourably reported on in two interim reports or
in his final report, shall be reverted to his substantive rank of Inspector.
XII. Probationary Deputy Superintendents of
Police of either class, on passing the examination prescribed for them and on
being favourably reported on at the conclusion of their probationary period,
shall be confirmed by the order of the Local Government.
XIV. Directly appointed probationary Deputy
Superintendents of Police shall on first appointment receive pay at the lowest
rate of the Provincial Police Service time scale, and shall receive increments
of the terms authorized, as described in Appendix 10.63, Table A of Police
Rules. The pay of probationers appointed by promotion will be fixed on the
system described in the same rule for inspectors promoted to the Provincial
Police Service. Officiating service and probationary service shall count for
increment in the time scale.
APPENDIX
12.3-A
The following rules shall have effect
for the appointment, training and promotion of Urdu stenographers:---
Direct
appointments of Urdu Stenographers – 1. Urdu Stenographers are appointed by
the Deputy Inspector-General of Police, Criminal Investigation Department,
Punjab, in the rank of Assistant Sub-Inspector, on consideration of the
recommendations of a selection board, to fill vacancies occurring in the
districts of the Punjab and the Criminal Investigation Department. He will
satisfy himself that they fulfil the qualifications laid down for direct
appointment as Assistant Sub-Inspector to ensure that they are of the type
likely to make good executive officers as well as to become good reporters of
public meeting.
Training
of Urdu Stenographers – 2. (1) On enlistment, Urdu Stenographers will be
deputed to the Police Training School to under go the course of training laid
down for directly appointed Assistant Sub-Inspectors in the Police Training
School Manual and are liable to discharge if they fail to pass the prescribed
examinations or are badly reported on. The Principal, Police Training School,
will, however, ensure that arrangements are made for them to maintaining full
proficiency in stenography during the period of training.
(2) During vacations at the Police
Training School, they will be attached to rural Police Stations to do as much
practical training as possible on the lines of Course ‘D’ prescribed in Police
Rule 19.25.
NOTE – Urdu Stenographers, in
service on the 1st December, 1944, who are likely to make good
executive officers will be admitted to the intermediate class if they are below
the age of 40 years at the time of their admission. Their further promotion, or
if officiating in a higher rank their retention that rank, will depend on their
passing the course.
Promotion
to the rank of Sub-Inspector – 3. They will be eligible for promotion to
the rank of Sub-Inspector (Urdu Stenographer) after 3 years’ service.
Transfer
to the executive line – 4 (1)
Urdu Stenographers who pass the intermediate course and who show promise of
making outstandingly good executive offices may be selected, with the approval
of the Inspector-General for the upper school course at Phillaur, 5 years (or,
in exceptional cases 3 years) after passing the intermediate course.
After passing the course they may be
considered for absorption in the permanent executive cadre of the special
branch.
(2) They shall, however, be attached
to a district for six months’ practical training in a police station before
admission to the school course.
Control
– 5 The Deputy Inspector-General of Police, Criminal Investigation
Department, Punjab, will exercise disciplinary control over Urdu Stenographers.
General
– 6 (1) All Urdu stenographers will be borne on the strength of the
Criminal Investigation Department, Punjab, and will draw Criminal Investigation
Department allowances admissible to officers of their rank. In all matters they
will be governed by the general provisions of the Police Rules unless otherwise
provided in the above rules.
(2) The Deputy Inspector-General of
Police, Criminal Investigation Department, Punjab, will institute measures to
ensure that Urdu Stenographers maintain full proficiency.
APPENDIX No.
12.16
Points to be observed by Medical
Officers in examining Police recruits. – Medical Officers will satisfy
themselves regarding each candidate on the following points in the order given.
If a disqualifying defect is notice, the recruit register (form No.12.13) will
be completed and the recruit rejected without further examination:---
(l)
that
the vision is up to the following standard:---
The
recruit must be able to read the Test Dot Card at a distance of ten feet
without any mistake, with each eye without spectacles. Failure to do this
renders him unfit. Each eye must have a full field of vision as tested by hand
movements. Squint or any other morbid condition of the eyes or eye-lids liable
to the risk of aggravation or recurrence will render him unfit.
For those who can read English the
test should be the Snellen’s type and the standard - -
Right
eye …. V = % JI } without glasses
Left
eye …. V = %
JI }
For illiterates the split ring test
as used in the North-Western Railway should be employed. This corresponds to
the Snellen’s type.
NOTE - - In examination the recruit
by means of the “Test Dot Card” the following directions should be observed: -
(v)
Place
the recruit with his back to the light and hold the test card perfectly
upright
in front of him at a measured distance of exactly10 feet. The light should fall
fully on the card.
(vi)
Examine
each eye separately. The eye not under trial should be shaded by the hand of an
Assistant, who will take care not to press on the eye ball.
(vii)
Expose
some of the “dots”, not more than 5 or 6 at a time, and desire the recruit to
name their number and positions, vary the group frequently to provide against
deception.
(viii)
The
“Test Dot Card” must be kept perfectly clean.
(m)
that
the height and chest measurements are up to the standard prescribed in rule
12.15(1);
(n)
that
neither speech nor hearing is defective. As regards hearing no recruit will be
enlisted who suffers from deafness, aural discharge, earache, tinnitus or
vertigo or who is found on examination to have dermatitis, aterisa or exostosis
of the meatus, perforation of the tympanic membrane or who has had a radical
mastoid peration;
(o)
that
the recruit appears healthy, strong ad active;
(p)
that
he is sufficiently intelligent;
(q)
that
there is no malformation, deficiency or defect of any essential part
(r)
that
there is perfect motion in every joint and good physical development power;
(s)
that
the recruit is free from diseases of he nervous, circulator, respiratory,
digestive, cutaneous, lymphatic, generative or excretory system. Special care
should be given to tracing he presence of contagious or infectious disorders,
rupture, strictures, dysentery, hepatic or severe malarial disease;
(t)
that
here is no evidence of fits, old injuries to the head, or of a personal or
family medical history which would be likely to render him unfit;
(u)
that
the recruit’s declared age, as compared with appearance, physical equivalents
or other evidence is correct. In case of doubt the Medical Officer will record
the apparent age which will be accepted for official purposes.
NOTE
- - The points noted in (b), (d), (e) and (j) will be decided by the Superintendent, when
recruits are selected by him: -
The
recruit must strip for examination, due regard being paid to privacy and
decency. A lion covering may be permitted. Every part of the body must be
examined, and if a recruit will not submit to this after persuasion by caste
friends, he must be rejected.
(v)
the
Medical Officer will reject a recruit for any disease or defect which would be
likely to render him unfit for the duties of the particular branch of he
service in which he is desirous of being enrolled.
NOTE
- - The following points should not be overlooked: -
(8)
Glandular
swellings and enlarged thyroid.
(9)
Prominence
of eyes, squint. Long-standing trachoma, nebulae or leucomata, pannus.
(10)
Polypus
of nose, perforated palate, tonsils, adenoids.
(11)
Insufficient
sound teeth for efficient mastication, severe pyorrhoea.
(12)
Loss
or defermity of fingers, flat feet, hammer toes with painful corns or burase on
the dorsumof toes, Hallux Valgus, Hallux rigidus, knockknee, deformity of chest
and joints, abnormal curvature of the spine.
(13)
Inveterate
cutaneous disease, fistulae, condylomata, haemorrhoids prolapsus ani, varix or
varicocele, undescended testicle, tachycarida.
(14)
Recent
marks of vaccination, and two indentification marks should be noted.
With discharged soldiers for enlistment in the Police
Force - -
(4)
The
urine of recruits over 30 years of age should be examined.
(5)
The
head should be examined for blows or cuts, and the recruit questioned if he is
subject to fits of any kind.
(6)
The
body should be examined for scars of war wounds.
FORM No 12.6
ROLL OF A CANDIDATE FOR POST OF OF
POLICE
Items
1 to 4, 7 and 10 to 13 to be filled up in the candidate’s own handwriting.
Items 5,6,8,9,14 and 15 to be filled up by a gazetted police officer after such
enquiry as may be practicable. Item 16 to be filled up by the Superintendent of
Police personally after interviewing the application.
1.Name
of Applicant
2.
Religion and Caste or Tribe
3.
Residence Police Station
Village
District
4.
Present Address
5.
Date of birth
6.
Height and chest measurement
7.Where
educated, with name of school or schools and statement of educational
qualification, mentioning any Examination passed. (Attested copies of any
certificate obtained should be attached in candidate’s own handwriting).
8.
Does the candidate possess any athletic qualification ? Did he belong to his
school Cricket Eleven or Football or Hockey Team? Is he is active habits? Can
be ride?
9.
Any other qualifications?
10.
To whom does the candidate desire that reference should be made regarding his
character, habits, knowledge of riding, etc.?
11.
Name and degree of relationship of , and appointments held by relatives in
Government or other employ
12.
Father’s name and profession
13.Home of family
14.
Full particulars of family, including a brief statement of claims, if any
15.
Whether at any applicant has been pronounced unfit for Government employment by
the Medical Board at the India office or any other duly constituted medical
authority
Signature
Date
16. Remarks and opinion of
Superintendent of Police
Date Superintendent
of Police
The 19
.
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FORM No
12.7
REGISTER
OF ACCEPTED CANDIDATE FOR DIRECT APPOINTMENT AS ASSISTANT SUB-INSPECTOR
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1
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2
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3
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4
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5
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6
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7
|
8
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Serial
No.
|
Name
|
Father’s
name
|
Age
and date of birth
|
HEIGHT
AND CHEST MEASUREMRNT
|
Residence
|
Educational
Qualification
|
REMARKS
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POLICE
DEPARTMENT FROM NO 12.13.
_______________DISTRICT
RECRUIT REGISTER
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1
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2
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3
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4
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5 6 7
RESIDENCE
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8
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9
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10
HEIGHT
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11
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12
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13
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14
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15
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Serial
No.
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Date
of measurement
|
Name
of recruit
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Parent
age
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Village
|
Police
station
|
District
|
Religion
of cast
|
Age
|
Feet/Inches
|
Chest
measurment in inches
|
Intials
of Gazetted Police Officer
|
Opinion
of Mnedical offficer
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If
enrolled/date
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ConstablebNo.
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Names
and degree of relationship of, and appointments held by, relatives who are or
were Government employees:---
|
Name
and relation
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Rank
|
Department
|
Place
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REMARKS
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|
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I
do hereby declare the following as may assignees or nominees:---
(
Name and full address of assignees.)-------------------------------
I
hereby declare that the entries made above are true to the best of my knowledge
Signature or Thumb-impression.
From
The
Superintendent of Police,
_______________District.
To
The
Superintendent of Police,
______________District
The
form may please be sent to the Sub-Inspector of _______Police Station for
favour of necessary entries being made therein.
Superintendent of Police
|
1
|
2
|
3
|
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Full
Signature and statement of persons verifying the character
|
Report
of Lambardars in connection with the person’s conviction ( if any) and
verification of nationality
|
Report
of officer incharge Police Station
regarding previous conviction character and punishment ( if any),
verification of nationality etc.
|
|
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Form no
12-22(1)
CERFICATE OF
APPOINTMENT
POLICE
DEPARTMENT. ______________DISTRICT OR RANG
CONSTABULARY
NO. ___________________________has
been appointed a member of the Police Force, under Act V of 1861, and is vested
with the powers, functions and privileges of a police officer.
Appointment on the ________________} Superintendent of
Police,
___________________________19 } or Deputy Inspector-General of Police
(Standard Form)
FORM NO.
12.28
POLICE
DEPARTMENT _______________DISTRICT
CHARACTER
AND SERVICE ROLL
NO.
Character and Service Roll of ________________________
CONTENTS
1-6.
General
particulars
25.
Appointments,
promotions, reductions, discharges, & c.
26.
Transfer
beyond the district
27.
Relatives
in Government employ
28.
Particulars
of heirs
29.
Educational
qualification
30.
Professional
attainments
31.
Medals
and decorations
32.
Miscellaneous
particulars
33.
Commendatory
entries
34.
Censures
and punishments
35.
Health
certificate
36.
Record
of postings of inspectors, sub-inspectors and assistant sub-inspectors
37.
Statement
of land held by Head Constable [rule 14.23 (1)]
38.
Progress
report of probationary inspectors, sub-inspectors and assistant sub-inspectors
39.
Medical
History sheet
40.
Leave
account of constables and head constables
41.
Marking
sheet in connection with promotion to the selection grade of constables
FORM NO.
12.28.---cont.
CHARACTER
AND SERVICE ROLL OF __________________
CONSTANULARY
NUMBER ___________IN_______________DISTRICT
CONSTANULARY
NUMBER ___________IN_______________DISTRICT
CONSTANULARY
NUMBER ___________IN_______________DISTRICT
|
Name
|
Father’s name
|
Tribe or cast
|
Village or town
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Post and Tlegraph office
|
Police Station
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District
|
Province
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Dateof birth
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Height
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Chest measurement
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Date of enrolment
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Age on enrolment
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Distinctive marks
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10. Verification roll no. ____________dated,
__________received back and attached to the Fuji misal.
11. Government service prior to present
employment, which is approved, for pension.
|
|
PERIOD
|
|
Service or department
|
Rank or grade
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Pay of last appointment
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From
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To
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Y.
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M.
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D.
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Cause of and character on the discharge form above
service
|
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Reference to order approving above service for
pension in Police Department
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FORM NO.
12.28---contd.
12.
Agreement—1
understand that I have been appointed under Section 7 of the Police Act (V of
1861), and the purport of that section and the provisions of the Act and of the rules issued under it
and now in force, by which my discipline and conduct are governed, have been
explained to me. I agree to service faithfully under the provisions of the said
Police Act and to obey all lawful orders issued to me by my superior officers,
and I undertake not to resign my appointment within three years from the date
of my enrolment. I have received a certificate of appointment issued under
Section 8 of the Police Act (V of 1861).
Date______________ Signature
13. Rolled impressions of fingers and thumb
of left hand.
|
Left little
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Left ring
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Left middle
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Left index
|
Left thumb
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|
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|
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HARACTER
ROLL OF _________________
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1
|
2
|
3
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4
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5
|
|
6.
Appointed, promoted suspended reduced, discharged dismissal resigned or died
|
To
what grade and pay appointed, promoted or reduced
|
Date
|
Number
of district order
|
Full
Signature of Superintendent of Police
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FORM No.
12.28.—Contd.
14. Transfers
beyond the district.
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1
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2
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3
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4
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Date
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From
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To
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Authority
for transfer
|
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15. Names
of relatives in Government service.
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1
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2
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3
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4
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Name
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Relationship
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Nature of
employ
|
District
|
|
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|
|
16. Names,
residence and other particulars of heirs.
Wife.
Father
Mother.
Sister
NOTE.--
Underline in red ink the heir nominated (with not more than two
alternatives and fill in name & particulars necessary to trace.
FORM No.
12.28 – Concld
CHARACTER
ROLL OF ___ __________
10. Educational
qualifications. Knowledge
of languages.
Uneducated English
Slightly
educated. Persian
Matriculation. Punjabi.
Degree. Pushtu.
NOTE.__ Underline the qualifications possessed, add
particulars where necessary and give date of entry.
11. Professional
attainments. Special qualifications.
Passed Training School Upper
Class Clerical
duties.
“ Intermediate
Class Accountant’s duties.
“ Lower
Class. Orderly Head
Constable’s duties.
“ Finger
Print Course. Moharrir’s duties.
“ Drill
Instructor’s Course. Detective duties.
Traffic
duties.
“ Prosecuting
Inspectors’
“ Examination.
Underline courses passed and qualifications possessed.
Miscellaneous particulars.
23.
War Medals and Decorations.—
(NOTE.—Enter designation of award and date
only—Gazette notification in case of King’s Police Medal and the Indian Police
Medal. Other special decorations to be
entered in full under commendatory entries).
24.
Miscellaneous particulars, including
awards other than those accompanied by commendations certificates admission to
or removal from promotion lists, etc.
25.
Commendatory entries.
26.
Censures and Punishments.
27.
Medical Certificate of appointment and
health. (See form No. 10.64).
28.
Record of postings.
29.
Statement of land held by Head Constable
only [Rule No. 14.23 (1) ].
30.
Progress report on probationary
assistant sub-inspector, sub-inspector or inspector of police. [See Form No. 19.25(5) ].
31.
Medical History Sheet. [Sheet Form No. 12.32(b)].
32.
Leave Account. (See F.R. Form No. 9-A. O.S. 113-A in Appendix B to Fundamental
Rules).
33.
Marking sheet in connection with
promotion to the selection grade of constable.
[See Form No. 13.5(6) ].
FORM No. 12.32 (b)
POLICE DEPARTMENT.
______________ DISTRICT
MEDICAL HISTORY SHEET
Of ________________________________
No. _______________ in ______________District.
No. ________________in ______________District.
No. _______________in ______________District.
Name and dates of inoculation, vaccination Signature of
Medical Officer.
And re-vacination.
1._______________________________________________________
2._______________________________________________________
3._______________________________________________________
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1
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2
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3
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DATE OF
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Disease
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Admission
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Dischage 1st and subsequent admissions
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Remarks of Medical Officer, (Recommendation for
leave on medical certificate, report of malingering and the like)
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FORM No. 12.32 (b)
POLICE DEPARTMENT.
______________ DISTRICT
RECORD OF POSTINGS.
HISTORY OF SERVICES OF INSPECTORS, SUB-INSPECTORS AND
ASSISTANT SUB-INSPECTORS.
|
Serial No
|
Rank and grade
|
Date
|
Order Book No
|
Name of duty on which employed
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Place
|
REMARKS
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|
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FROM No. 12.38
(1).
Personal File.
Of ________________________________of Police
PART 1.
1. NAME
AND Provincial No.
2. Father’s
name and profession
3. Religion and
Caste_________________________________________
4. Residence }
Village_________________________________________
} Police
Station___________________________________
}
District________________________________________
5. Date of
birth_______________________________________________
6. Height and chest measurement
________________________________
7. Where educated, with
name of school or schools, statement of educational qualifications and
examinations passed_________________________________________________________
8. Any other
qualifications? Did the officer belong to his School Cricket Eleven or Football
or Hockey Team?___________________________________________
9. Names and degree of
relationship of, and appointment held by, relatives in Government or other
employ_____________________________________________
10. Home of
family___________________________________________
11. Full particulars of
family, including a brief statement of spe;cial services rendered to Government
, if any_________________________________________
Deputy
Inspector-General of Police,
____________________
Range.
Dated
________________ 19
FORM No. 12.38 (1) – concluded.
POLICE
DEPARTMENT ____________
Range.
ROLL OF
|
1
|
2
|
3
|
4
|
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Appointed,
promoted, reduced, discharged or dismissed
|
To what grade
and rate of pay
|
Date
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Signature of
Deputy Inspector-General
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TRANSFERS.
|
1
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2
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3
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4
|
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Date
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From
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To
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Authority for
transfer
|
|
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FORM No. 12.39 (3)
POLICE DEPARTMENT __________________DISTRICT.
INDEX TO FAUJI MISALS.
INDEX TO FAUJI MISAL OF_____________________________
RANK___________________
No.____________________________
|
Abstract of
papers attached
|
Date of order
|
REMARKS
|
|
|
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|
( In Vernacular ).
FORM No. 12.41 (1)
POLICE DEPARTMENT ______________
DISTRICT
LONG ROLL OF THE POLICE FORCE OF THE
ABOVE DISTRICT. (HALF SHEET OF INDIAN PAPER).
|
1
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2
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3
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4
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5
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6
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7
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8
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9
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10
|
11
|
12
|
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Constabular-y Numb-er
|
Name and
Paren-t age
|
Date of
enlistme-nt
|
Cast-e
|
Age on
Enlis-tme
-nt
|
HEIGHT
(b)
Feet
(b) Inche
-s
|
RESIDENCE
(a)Village
(b)Police
Stati
-on
(c)District
|
Parti-cula
-r
mark-s
|
Deta-il of
Past
Serv-ice
Prior
To enter-ing
Constabul-ary
|
Promotions
And reduction
|
Date
And
Caus-e
Of leav
-ing
Polic-e
|
Rem-arks
Givi-ng
Referenc-e to
the seria-l No
In
The
Punishe-ment
Regi-ster of
any punishen-t awar-ded
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CHAPTER XIII –
PROMOTIONS
13.1. Promotion from one rank to another. –(1)
Promotion from one rank to another, and from one grade to another in the same
rank shall be made b selection tempered by seniority. Efficiency and honesty
shall be the main factors governing selection. Specific qualifications, whether
in the nature of training courses passed or practical experience, shall be
carefully considered in each case. When the qualifications of two officers are
otherwise equal, the senior shall be promoted. This rule does not affect
increments within a time-scale.
(2)
Under the present constitution of the police force no lower subordinate will
ordinarily be entrusted with the independent conduct of investigations or the
independent charge of a police station or similar unit. It is necessary,
therefore, that well-educated constables, having the attributes necessary for
bearing the responsibilities of upper subordinate rank, should receive
accelerated promotion so as to reach that rank as soon as they have passed the
courses prescribed for, and been tested and given practical training in, the ranks
of constable and head constable.
(3)
For the purposes of regulating promotion amongst enrolled police officers six
promotion lists – A, B, C, D, E and F will be maintained.
List
A, B, C and D shall be maintained in each district as prescribed in rules 13.6,
13.7, 13.8 and 13.9 and will regulate promotion to the selection grade of
constable and to the ranks of head constables and Assistant Sub-Inspector. List
E shall be maintained in the office of Deputy Inspectors-General as prescribed
in sub-rule 13.10(1) and will regulate promotion to the rank of Sub-Inspector.
List F shall be maintained in the office of the Inspector-General as prescribed
in sub-rule 13.15(1) and will regulate promotion to the rank of Inspector.
Entry
in or removal from A, B, C, D or E lists shall be recorded in the order book
and in the character roll of the police officer concerned. These lists are
nominal rolls of those officers whose admission to them has been authorized. No
actual selection shall be made without careful examination of character rolls.
(Proviso
for Punjab added vide Notification No. G.S.R. 86 dated 19.10.1972)
“Provided that five percent for such promotions may be
made from amongst the members of the Police Force, who achieve outstanding
distinction in sports field at All India level or International level if they
are otherwise eligible for promotion but for seniority.”
SYNOPSIS
1. Automatic
confirmation—Appointment against permanent post.
2. Confirmation.
3. Efficiency
and Honesty.
4. Eligibility
for Promotion.
5. Holding
of departmental examinations for promotion.
6. Intermediate
School Course.
7. Objective
test for the assessment of the efficiency of the candidates.
8. Officiation
and Substantive promotion.
9. Probation
period—Reversion.
10. Promotion—Criteria
for.
11. Promotion
from one rank to another and from one grade to another.
12. Promotion
on list ‘D’—No test prescribed under Rules.
13. Promotion—Record
shaddy.
14. Promotion—To
the posts of Assistant Sub-Inspectors—Passing of carrier wave course.
15. Removal
of name of a police officer from list E or list D.
16. Requirement
of the test laid down by the circular.
17. Reversion
for failure to Intermediate School Course.
18. Right
to be deputed for Intermediate School Course.
19. Rules
are statutory in character.
20. Seniority
on the basis of dates of confirmation maintained at District level.
21. Substantive
promotion or the confirmation in a permanent poe.
COMMENTS
1. Automatic confirmation—Appointment
against permanent post. It is obvious that the maximum period of probationis
two years. During this period either a person is found fit for confirmation for
he is to be reverted. It soes not lie in the mouth of the State that the
petitioner was not fit for confirmation because in that case it was the duty of
the State to revert him. The rule makes it imperative that the period of probation
could bot be extended beyond two years under any circumstance. Shri-Hari Nand vs. State of Himachal Pradesh
and others, 1981(2) S.L.R. 727
2. Confirmation. Rule 13.9(2) relates to
promotion as an Assistant Sub-Inspector. It is specifically provided in the
rule that substantive promotion the rank of Assistant Sub-Inspector shall be
made by the Deputy Inspector-General in accordance with the principles
prescribed in rule 13.1. It is not dispute that the petioner passed the
Intermediate School Course in September, 1963 whereas respondent Nos. 3 and 6
passed the said course in March, 1964 and March, 1965, respectively, respondent
No. 4 was a direct recruit. responsent No. 7, however, passed that course in
March, 1962. It has not been provided in any rule that in case an Assistant
Sub-Inspector has been brought on list ‘E’ prior to his seniors he should be
confirmed as Assistant Sub-Inspector prior to the letter. It may also be
relevant to point out at theis stage that the petitioner had also passed the
Upper School Course prior to the confirmation of respondent Nos. 3, 4, 6 and 7
as Assistant Sub-Inspector and that the were junior to him. Therefore, the
petitioner was entitled to be considered for conformation as Assistant
Sub-Inspector when the above said respondents were confirmed. Balkrishan vs. State of Punjab and others,
1982(1) S.L.R. 367
3. Efficiency and Honesty. The basis rule
laid down in Rule 13.1(1) is that the sub-stantive promotion or the
confirmation in a permanent post was to be made “by selection tempered by
Seniority. Efficiency ad Honesty shall be the main factors governing selection.”
Rule
13.1(1) implies that the efficiency is to judged by the confirming authority
and leaves the confirming authority free to judge it in a suitable manner. The
test is a just and fair method of judging the efficiency. The power to
prescribed the test is, therefore, implied in the power to judge the
efficiency. It is now well established that executive instructions such as the
circular prescribing the test can supplement statutory rules particularly when
the power to issue such an executive instruction is implied in the power given
by the statutory rules. 1972 P.L.R. (D)
35
4. Eligibility for Promotion. Incumbent on Government to provide the
qualifications to concerned employees. State
of Punjab vs. Kirpal singh, AIR 1970 Punjab 395 = 1970 SLT 239 = 1970 Lab. IC
1136
5. Holding of departmental examinations for
promotion. In the return filed on behalf of respondents 1 to 3, it has been
stated in sub-paragraph (iv) of paragraph in reply to the allegations contained
in paragraph 15 of the petition that according to departmental instructions,
selection for Intermediate Course is to be made from among confirmed Head
Constables who have passed Lower School Course and do not exceed 40 years in
age. It was denied that certain Head Constables in the matter of selection
superseded the petitioner. All those Head Constables were said to have been
either on probation or were confirmed at the time of the selection for the
Intermediate Training Course. Shri Parkash Chand, Assistant to the Deputy
Inspector-General of Police, who has filed the affidavit on behalf of
respondents 1 to 3, has stated that the petitioner appeared before him on 17th
May, 1966 and requested that he should be allowed to serve in the C.I.D. and
that the would no claim his promotion. Later on, however, he was asked to put
the same in writing. He submitted that his domestic affairs did not permit him
to work in the District Police and it was on own his request that he was permitted
to stay in the C.I.D. I have no manner of doubt that the examinations which
were conducted by the Superintendent of Police are not at all contemplated or
covered by Rule 13.8(2) nor can I persuade myself to accept that under Rule
13.1 the holding of the examinations by the Superintendent o Police was be the
proper method for judging efficiency and honesty. There are various other ways
of finding whether an officer is honest and efficiency and a good deal would
depend on the actual reports of his work by his superior officers relating to
efficient and honest discharge of duty. I am, therefore, satisfied that the
petitioner has a genuine grievance when the result of the examinations held by
the Superintendent of Police was taken into consideration while deciding
whether, he should be put on probation as a Head Constable. Lakshya Vir, Head Constable vs. Punjab
State, 1967 S.L.R. 706
6. Intermediate School Course. The
respondents are confirmed Head Constables. The stage of undergoing the Lower
School Course has long since passed. It would have been a relevant
consideration at the time of confirmation. The learned counsel for the
respondent have rightly contended that once the respondents have been
confirmed, they will be deemed to have been exempted from passing the Lower
School Course. Whether the respondents had passed the Lower School Course or
not, is not relevant at the present stage. The respondents were confirmed many
years back. They have not to be deputed to the Intermediate School Course in
accordance with their seniority. We are in complete agreement with the
conclusions of the learned Single Judge. The learned counsel for the appellants
has not been able to support his contention either on principle or on
precedent. State of Haryana and others
vs. Phool Chand, Head Constable and others, 1985(2) L.LR. 425
7. Objective test for the assessment of the
efficiency of the candidates. The authority empowered to confirm or
substantively promote an officiating Sub-Inspector under Rule 13.1(1) was
liable to act in a discriminatory manner if he were to judge the efficiency of
the numerous persons in List ‘E’ only subjectively. It was for this reason that
the circular dated 14.9.1957, Exhibit PW/3/10 laid down an objective test for
the assessment of the efficiency of the candidate in List ‘E’. Such objective
test was fair to all the candidates in List ‘E’ and protected them from
possible discrimination or vagaries inevitable in a merely subjective test. Union of India and another vs. Shri Hans
Raj, A.S.I. Police, 1969 S.L.R. 782
8. Officiation and Substantive promotion.
The promotion under Ch. XIII is of two kinds viz. (a) an officiating promotion
and (b) a substantive promotion. Officiating promotion is governed by the
provisions of R. 13.10 and 13.12. whereas substantive promotion is governed by
R.13.1. The distinction between substantive promotion and the officiating
promotion is clearly made in R. 13.9(2), which deals with Lest ‘D’. But the
same distinction is applicable to the provisions dealing with List ‘E’ also. Rule
13.1(1) applies to the substantive promotion of Police Officers in all the
lists including List ‘E’ as is shown by the provisions of Rule 13.1(3) which
specifically refers to List ‘E’ also.
9. Probation period—Reversion. The relevant
Punjab Police Rules may have to be seen to ascertain whether there is scope for
issuing instructions concerning the holding of the test for preparing a test
for promoting a police constable driver as a head constable. Rule 13.18
prescribes that all police officers promoted in rank shall be on probation for
two years; while on probation officers may be reverted without departmental
proceeding and such reversion shall not be considered as reduction in rank. Makhan Singh vs. Union of India, 1977 P/LR.
(D) 85
10. Promotion – Criteria for. Upper
subordinates in the above rule mean Sub-Inspector and Inspectors. It is evident
from the said rule that in the first instance seniority of the upper
subordinates is reckoned from the date of first appointment but the final
seniority is determined from the dates of confirmation. The matter which are to
be taken into consideration for making promotion as already observed have been
given in rule 13.1 of the Rules. The fact that an officer is brought on list ‘E’
prior to another senior officer does not make him entitled to promotion to the
rank of Sub-Inspector prior to the latter. At the time of promotion the
criteria laid down in rule 13.1 is to be taken into consideration. Balkrishan vs. State of Punjab and others,
1982(1) S.L.R. 367
11. Promotion from one rank to another and
from one grade to another. Rule 13.1 of
the Rules prescribes that promotion from one rank to another and from one grade
to another in the same rank shall be made by selection tempered by seniority
and that efficiency and honesty shall be main factors governing selection.
Specific qualifications, whether in the nature of training courses or practical
experience, shall be carefully considered in each case and when the
qualification of two officers are other wise equal, the senior shall be
promoted. When the petitioner was promoted as officiating Sub-Inspector of
Police, it is presumed that he had been found fit for that promotion and ha was
not reverted on the ground that he had become unsuitable or his efficiency and
honesty had deteriorated. Respondents 2 to 14 were promoted in the rank of Head
Constable, Assistant Sub-Inspector and Sub-Inspector, a number of years later
than the petitioner. The possible exception of respondent 8 is that he was
promoted as officiating Head Constable and conformed in that post earlier than
the petitioner, but he got his promotion as Assistant Sub-Inspector of Police
and Sub-Inspector of Police on December 21,1960, and September 21, 1963,
respectively, whereas the petitioner was promoted as Assistant Sub-Inspector of
Police on October 15, 1957 and December 13, 1960, respectively. In the case of a promotion,
selection has been made on merit keeping In view seniority and, once an officer
id promoted, it is to be presumed that ha was found fit for promotion. At the
time of reversion, the junior most officer has to be reverted first and
selection cannot be made from amongst the officiating personnel on the basis of
relative merit unless it is found in the case of a senior officer that he had
become unsuitable or his efficiency and honesty had deteriorated after he was
given the officiating chance. I regret and honesty had deteriorated after he
was given the officiating chance. I regret I cannot agree the choice the
submission of the learned counsel for respondents 1 and 2 that the employer has
the choice of selecting his employees. This rule does not apply to Government
servants for whose service specific statutory rules have been framed. Under the
statutory rules, no arbitrary powers can be presumed to exist in favour of the
appointing authority or the Head of the Department. The executive power has to
be exercised justly and fairly, so that all the Government servants are treated
alike, which is their fundamental right guaranteed by Article 16 of the Constitution.
The reversion of a senior officer, while a junior officer is retained in the
officiating rank status; emoluments and further chances of promotion and is
thus punitive in charter although it has not been made by way of punishment.
Nevertheless, evil consequences follow and in order to avoid that the
well-known principle of ‘last come first go’ has to be followed in the case of
reservation. At the risk of repetition, I wish to emphasis that the appointing
authority has the power to select from amongst the eligible candidate he best
man available who may not be the senior most man at the time of appointment or
promotion but at the time of reversion, the senior man will be reverted only if
he has not been found suitable for the officiating post or after occupying that
post his efficiency and honesty have
deteriorated. This principle has not been followed by respondents 2
while reverting the petitioner in the present case. The order passed by him
smacks of arbitrariness and favoritism. In fact, the assertion on behalf of
respondent 2 in his written statement that ‘exceptions cannot be ruled out
altogether on the basis of special consideration achievements ‘gives a clue how
he while passing the order of reversion. Not only was relative merit not
considered but other ‘consideration’ prevailed with him, which other
consideration have not been explained in the written statement. The order also
does not contain any reason for reverting the petitioner while retaining his
juniors in service. The only reason given is for want of vacancy and for his
reason the junior-most officiating Sub-Inspector should have been reverted. Harmohinder Singh, Sub-Inspector of Police
vs. State of Punjab and others, 1971 (2)S.L.R 304
12.Promotion
on list “D” – No test prescribed under the Rules. – Standing Order No 238 of
the Inspector General of Police prescribed departmental qualifying test for
drawing up promotion list “D” (women police) is in total conflict with the
procedure prescribed for maintenance of promotion list “D” by rule 13.9 of ht
Punjab Police Rules. The object of standing order No 238 of the Inspector
General of Police was to prescribe altogether a different method for drawing
promotion list “D” (women police) and the method adopted was contrary to and in
conflict with the provisions of rule 13.9 of Punjab Police Rules. The standing
order did not have effect of merely supplementing the provisions rule 13.9. A
method contradictory to the one prescribed in rule 13.9 was provided by the
standing order for list “D” (women police). Smt. Kailash Wati Bajaj vs. Union
of India and other. 1973(1) S.L.R. 249
13.Promotion—Record
shaddy. – It is obvious promotion has to be selection tempered by seniority,
and efficiency as well as honesty are the main consideration for it. The appellant
claims that he should have been promoted before respondents Malkiat Singh,
Yudnvir Singh was character rolls of the appellant which were duly conveyed to
him. Now Malkiat Singh was conformed in August, 1963, long before the appellant
was confirmed. He was thus senior to the appellant. As regards the other
respondents, there is nothing to show that their record was no better than the
appellant. Persons with better record were entitled to be selected. It may be
noticed that appellant has been reported to be a habitual drunkard and having
misconducted himself on a number of occasions even after his promotion as
Police Prosecutor. Bani Ram Sharma vs.
State of Himachal Pardesh and others, 1982 (1)S.L.R 378
14.Promotion—To
the posts of Assistant Sub-Inspectors—Passing of certificate wave. – A perusal
of Rule 13.1(1) reproduced above would go to show that promotion from one rank
to another, inclusive of from the post of Head Constable to that of Assistant
Sub-Inspector bad to be made by selection tempered by seniority. The emphasis
is upon selection. It is true that the selection is tempered with seniority but
all that it means is that in the process of selection, seniority would also
play its due role. If seniority alone was the criteria there was no need to mention
selection in the Rule. Seniority alone is not the sole determining factor is
also made out from the kast three lines of the Rule which go to show that when
qualification of two officers are otherwise equal, the senior shall be
promoted. It necessarily follows that when junior ha better qualifications, he
can score over his senior correct reading of Rule 13.1(1) of Punjab Police
Rule, in my opinion, cannot be interpreted to say that whatever by the
circumstances, whatever be the qualifications of Head Constable and whatever be
their merit, only senior Head Constable who have passed the qualifying course
first have to be promoted before the one who have done the said course later. It is the positive case of the respondents
that a test was conducted. Whereas respondents No 4 to 31 has qualified the
said test, the petitioners failed. The Departmental Promotion Committee had
gone through the process of selection by holding a test and the said test with
a view to find out merit is certainly of the modes to make selection. Ashwani Kumar and other vs. State of Haryana
and others, S.L.R 687=1991(3)RSJ 682
15.
Removal of name of a police officer from list E or list D. In deciding in each
particular case whether the reversion of a Government servant id by way of
punishment or not yhe court has to keep in view the context and circumstances
of the case leading to reversion and the consequence directly flowing from reversion in so far as
they may affect the substantive rank of the Government servant and not qua the
higher rank which he was holding in an officiating capacity or as a
probationer. The loss of emoluments of higher post and being reverted to the
lower post are not penal consequences as they have reference to their post and
not to substantive post. Though the motive of
reversion id not relevant, actual effect of the order of reversion is
material for deciding whether in each particular case it amounts to reduction
in rank or not. The State of Punjab vs.
Rijinder Sing, ILR (1996) Punj. 84=1965 P.L.R. supp 625
16. Requirement of the test laid down by the circular. The requirement
of the test laid down by the circular, dated 14.9.1957 was merely a method of
judging the efficiency. It was, therefore, valid and the reversion of the
respondent could not be challenged in so far as it was made because the
respondent failed to appear at the test and thereby showed that he was not
efficient within the meaning of Rule 13.1(1) of the Punjab Police Rules.
The
respondents has pointedly pleaded in paragraph 8(I) of the plaint that several
persons were confirmed as Sub-Inspector of Police without qualifying in the
departmental test laid down by the circular, dated 14.9.1957 and that the
respondents alone was reverted for not taking the test, an action which was
discriminatory and contrary to Article 14 and 16 of the Constitution. The only defence was that the
persons who were confirmed inspite of their failure to take the test were
probationers and their cases did not stand on the same footing as that of the respondents,
who was only officiating as a Sub-Inspector of Police. This defence is
untenable on the face of it. Firstly, the circular, dated 14.9.1957 expressly
to probationers as well as to persons officiating as Sub-Inspector of Police.
Both these categories of persons were required to take the test. The defence
is, thus contrary to the circular and, therefore, totally fails to explain why
several probationers were confirmed without taking the test, while the
respondents alone was reverted for not taking test. Secondly, neither any Rules
nor any administrative instructions have been brought to any my notice to show
if a probationer and a person appointed to officiate can be distinguished from
each other by intelligible differentia. Union
of India and another vs. Shri Hans Raj A.S.I Police, 1969 S.L.R 782
17.
Reversion for failure to satisfy the test of efficiency. In State of Haryana
vs. Shamsher Jung, 1968 SLR 162, the departmental examination for promotion was
not show to be implied in the statutory rules governing the promotion in
considering whether executive instructions supplement the statutory rules. The
above-mentioned Supreme Court decisions were not considered by the Court in
Satpal Sharma vs. State of Punjab, 1968 SLR 484 also the imposition of a test
for promotion was not shown to be necessary for the assessment of efficiency as
in the present case. In Ram Kishan vs.
Inspector-General of Police, 1968 SLR 661 the vital distinction between the
officiating promotion and the substantive promotion pointed out above was not
brought to the notice of the court with the result that the court did not
consider the question whether the power to hold a test was implied in the power
to judge the efficiency under the Punjab Police Rule 13.1 (1). In Lakshya Vir vs. State of Punjab, 1967 SLR 706, it was observed that
under Punjab Police Rules, 13.1(1), 13.1(2) and 13.8(1) there could be other
methods than test to judge the efficiency of a candidate. With great respect,
however, it may be pointed out that it is for the confirming authority to
devise a suitable method of judging the efficiency. If the test was a suitable
method, it is not for this court to suggest to the confirming authority to
search for other suitable methods so long as the method of test cannot be said
to be unsuitable or outside the power conferred by the Punjab Police Rule
13.1(1). A mere reversion for failure to satisfy the test of efficiency and
removal of the name from list “E” was, therefore, not a reduction in a rank at
all within the meaning of Article 311(2) of the Constitution. This was also the
view expressed in the State of Punjab vs.
Rajinder Singh, 1965 PLR . Supplement 625. Union of India and another vs. Shri Hans Raj, A.S.I Police, 1969 S.L.R
728
18. Right to be deputed for Intermediate School Course . – Rule 13.9
deals with the preparation of list “D” for promotion to the rank of Assistant
Sub-Inspectors. The Head Constable eligible for being admitted to this list are
those who have passed the Lower School Course and the Intermediate School
Course and unless they are so qualified, they have no right to be considered
for being admitted to that list. Once a Head Constable qualified by passing
both the course, his case is placed before the Deputy Inspector General of
Police for being brought on list “D” and it is at that time that his efficiency
and integrity come up for consideration along with other relevant factors, one
of them being whether he is fit for officiating or substantive promotion to the
rank of Assistant Sub-Inspector. Merely because a Head Constable has passed the
Intermediate School Course does not give him right of being admitted to list “D”.
By passing that course, he only qualifies himself for being considered for
admission to list “D”. It can well happen that when a Head Constable passed an
Intermediate School Course, he may not be considered thoroughly efficient in
all branches of the duties of a Constable or Head Constable and some time later
he attains that efficiency. He will then become eligible for being brought on
list “D” which will open the way for him
to be promoted to the rank of officiating or substantive Assistant
Sub-Inspector of Police. It is contended on behalf of the respondents that when
he became efficient, he will be sent for the Intermediate School Course but it
may happen that at that time he is unable to qualify in that examination either
because of advanced age or physical unfitness. In that case it will mean that
such a Head Constable is condemned for ever to remain as a Head Constable and
cannot seek promotion to the next higher rank. We are, therefore, or the
opinion that it is inherent in rule 13.9 and a legitimate inference can be
drawn from the language of this rule every Head Constable list “C” has the
right to be deputed for the Intermediate School Course on his turn and no
obstacle can be placed in his way by any o the authorities because it is a
necessary prescribed by any that rule and there is no other institution from
where this qualification himself by passing the Intermediate School Course from
any other institution, no obligation would have been cast on the Government to
afford him an opportunity to pass that course and thus acquire that
qualification just as educational
qualifications are prescribed which can be acquired by the candidates from any
of the numerous institutions. Since this qualification cannot be acquired in
any other way but by admission to the Police Training College, the Head
Constable willing to undergo that must be afforded an opportunity to do so.
Since the number of seats for the Intermediate School Course is limited, the
Head Constable can be sent in the order of seniority as stated hereinafter.
Under
Rule 13.9 these two factors are taken consideration by the Deputy
Inspector-General of Police while admitting a Head Constable to list “D”, which
can be done only after a Head Constable qualifies himself by passing the Lower
School Course and the Intermediate School Course. These two factors cannot be
taken into consideration when a Head Constable is to be sent for Intermediate
School Course. That is a specific qualification which has also to be considered
in each case along with efficiency, honesty and suitability. A Head Constable
can became eligible for being selected only after he acquires qualification by
passing the Intermediate School Course. Without passing that course, he cannot
be considered and, therefore, it can legitimately be said that the acquiring of
the qualification does not constitute a part of the process of promotion, it
only makes the Head Constable eligible for being considered for selection. It
is not possible for us to subscribe to the very wide proposition canvassed by
the learned Advocate General for the State of Punjab that the process of
promotion from the rank of Constable to the other higher ranks starts when a
Constable is brought on list “A”. It cannot be said that immediately therefore
the process of promotion from one rank to the other start and it is a
continuing process till the Constable reaches the highest rank for which he is
eligible. The process of promotion and is to be seen in the case of every
promotion from one rank to the next higher rank and not as a whole from the
lowest to the highest rank. Saradul
Singh, Head Constable vs. Inspector-General
of Police, Punjab and others, 1970 S.L.R 505
19. Rules are statutory in character. – Rule 13.1 and 13.9 of the
Punjab Police Rule are statutory in
character, having been made under the Police Act, 1861, and are applicable to
the Union Territory of Delhi. Further as these rules do not make any
distinction between male and female members of the police force list “D” for
regulating promotion to the rank of Assistant Sub-Inspectors even in the case
of Lady Head Constable has to be prepared in accordance with the with the
provision of rule 13.9. If for
maintaining list “D” for Lady Constable for regulating their promotion to the
rank of Assistant Sub-Inspector any method is adopted which is an conflicted
with the procedure prescribed by rule 13.9 it would obviously be illegal, being
opposed to a statutory rule Sub-rule (3) of Rule 12(1) does not contemplate
laying down a different procedure for women police than the one contained in
Rule 13.9 of the Punjab Police Rules, 1934 for maintaining list”D”. Smt. Kailash Wati vs. Union on India and
others., 1973 (1) S.L.R
20.
Seniority on the basis of dates of confirmation maintained at District level. –
The official respondents 1 to 3 in their return that the Deputy
Inspector-General of Police, Ferozpur, directed the consideration of the dates
of confirmation of respondents 4 to 9 as also others in the light of the
availability of the permanent vacancies for their confirmation as Head
Constable with effect from dates earlier to the ones from which they had
actually been confirmed. The petitioners cannot possibly make any grouse of
that particularly when there is no inter so seniority of the petitioners and
respondents Nos. 4 to 9 under Police Rules which govern their service
conditions. As already pointed out, a working seniority list of all the Head
Constables I the range is made by the Deputy Inspector General with a view to
send them to the Intermediate Course as the said course forms a parts of the
process of their further promotion go the rank of Assistant Sub-Inspectors
whose seniority under the rules is maintained at the range level. I also find
no mala fides or \extraneous considerations in the Deputy Inspector General or
General directing the Senior Superintendent of Police, Faridkot, to consider
the dates of confirmation of the Head Constables of his district in the light
of the availability of permanent vacancies during the years 1976 to 1981. That
having been done, respondents Nos. 4 to 9 apparently stole a march over the
petitioners to be sent to the Intermediate Course. There is thus no question of
any discrimination or arbitrariness in the orders passed by the Deputy
Inspector General or the Senior Superintendent of Police, Faridkot. Lakha Singh, head Constable and others vs.
State of Punjab and others, 1985(2) S.L.R. 695.
21. Substantive promotion or the
confirmation in a permanent post – The most important thing which has been
overlooked not only by both the learned lower Courts, but also in the various
decisions cited in support of the respondents case is that the promotion under
Chapter XIII is of two kinds, viz. (a) an officiating promotion and (b) a
substantive promotion. Admittedly, the respondent had received only an
officiating promotion. This was governed by the provisions of Rule 13.10 and
13.12. The substantive promotion of the respondent which would have meant his
confirmation as a Sub-Inspector of Police had yet to come. Substantive
promotion was governed by Rule 13.1. The distinction between substantive
promotion and the officiating promotion is clearly made in Rule 13.9(2), which
deals with List ‘D’. But the same distinction is applicable to the provisions
dealing with List ‘E’ also. This is borne out by the fact that Rule 13.4
specifically deals with officiating promotions Rule 13.4(2), deals with
officiating promotions to the rank of Sub-Inspector and Rule 13.4(3)
specifically deals with persons, who are in List ‘E’ as the respondent was.
These officiating promotions are to be distinguished from promotions
simpliciter or substantive promotions referred to in Rule 13.1(1). Rule 13.1(1)
applies to the substantive promotion of Police Officers in all the Lists
including List ‘E’ as is shown by the provisions of Rule 13.1(3), which
specifically refers to List ‘E’, which was the List in which the name of the
respondent had been placed.
The
basic rule laid down in Rule 13.1(1) is that the substantive promotion or the
confirmation in a permanent post was to be made “by selection tempered by
seniority. Efficiency and honesty shall be the main factors governing selection”.
Union of India and another vs. Shri Hans
Raj, A.S.I. Police, 1969 S.L.R. 782.
13.2. Power to grant increments – Increments of
pay of all upper and lower subordinates shall be granted when due, by
Superintendents, provided that an increment may be withheld as a formal
punishment in accordance with the rules contained in Chapter XVI. The
withholding of increments shall be entered in the order book in the case of
constables and head constables, and in the case of Inspector, Sergeants,
Sub-Inspectors, and Assistant Sub-Inspectors published in the Police Gazette.
In the case of members of he clerical
cadre, increments shall be granted or withheld of a formal order in each
case, by the head of the office concerned. When an efficiency bar is placed at
any stage or stages in a time-scale, it shall be passed only in the authority
of a specific order by and officer competent to withhold an increment in the
time-scale concerned. In the case of Sergeants and Sub-Inspectors the sanction
of the Inspector-General and Deputy Inspector-General, respectively, is
required.
[For Punjab]
(No. G.S.R. 124/C.A.
5/61/S. 7/Amd (15)/82. Dated 11.9.1982)
13.2-A Power to grant local rank – (1)
Notwithstanding anything contained in these rule, if the Inspector General of
Police considers it necessary so to do in the interest of better functioning of
the force, he may, for reasons to be recorded, grant to an enrolled police
officer next higher rank as a local rank.
Provided
that the grant of only a non-gazetted rank shall be permissible under this
rule.
(2)
The local rank referred in sub-rule (1) shall, in the first instance be granted
for a period not exceeding six months which may from time to time be extended
for a like period after recording reasons for each such extension.
(3) An
officer of the force holding a local rank,---
(a)
shall
exercise the command and be vested with the powers of an enrolled police
officer holding that rank;
(b)
shall
not be entitled to any extra pay and allowances for holding such rank;
(c)
shall
not be entitled to claim any seniority over other enrolled police officers by
virtue of having held such a local rank.”
13.3. Power to make promotions among gazetted
and enrolled police officers – (1) The power to make promotions among gazetted
officers and from non-gazetted to gazetted rank vests in the local Government
with the concurrence of His Excellency the Governor.
(2)
Deputy Inspectors-General and
the Assistant Inspector-General, Government
Railway Police, shall make promotions
to the rank
of Inspector. The Inspector-General, who
maintains promotion list “F” - - vide Police Rule 13.15, of
Sub-Inspectors and Sergeants, will notify the Deputy Inspector-General of a
Range or the Assistant Inspector-General, government Railway
Police, when a substantive vacancy in the rank of
Inspector is to be filled by an officer underhis control.
Substantive
promotions to the rank of Sub-Inspector and Assistant Sub-Inspector shall be
made by Superintendents of Police and the Assistant Superintendent, Government
Railway Police. Deputy Inspectors-General of Ranges, who maintain promotion
lists ‘D’ and ‘E’ for these two ranks in the case of District Police, will notify the Superintendent of police of a
district when a vacancy in either rank is to be filled by an officer in his district.
Promotions
to the rank of Head Constable shall be made by Superintendents of Police and
the Assistant Superintendent, Government Railway Police.
(3)
The seniority of Inspectors, Sergeants, Sub-Inspectors and Assistant
Sub-Inspectors is shown in the list printed annually under the orders of the
Inspector-General. Seniority of Head Constables in districts will be recorded
in form 10.88(1).
SYNOPSIS
1. Jurisdiction
to proceed with departmental enquiry.
COMMENTS
1. Jurisdiction to proceed with departmental
enquiry – Where the criminal court has tried the concerned person and acquital
him, it would be improper and such a proceeding is liable to be quashed as not
in consonance with the principles of natural justice, if the administrative
authority later initiates disciplinary proceedings on the identical facts and
identical charge and records a contrary conclusion. There could be no right or
inflexible rule that the finding of a criminal Court is conclusive in every
sense, upon a administrative authorities. If the finding be that the acquital
is on a technical ground, the administrative authority may conceivably punish
the employee the same facts. It can certainly punish where the acquittal is
solely based on the same facts, sanction, or some technical defect in
procedure. It could punish on the same facts, for some lesser charge, which may
not amount to a criminal offence, but may well amount to grave dereliction of
duty, entitling disciplinary action. But, however, where the acquittal is
substantially on merits, on identical facts and charges, it will not be proper
for a disciplinary Tribunal to record a finding of guilt, and to punish, the
employee thereon. This would be a basic principle of jurisprudence and it would
make no difference that the departmental authority acts before the criminal
proceedings or after it and the Court, in exercise of the jurisdiction under
Article 226 of the Constitution., would be justified in striking down the
action based on such finding as not in consonance with the principles of
natural justice. Harinarayan dubey vs.
State of Madhya Pradesh and others, 1976(1) S.L.R. 585.
13.4. Power to make officiating promotions – (1)
Officiating promotions to the rank of Inspector shall be made by Deputy
Inspectors-General of ranges and the Assistant Inspector-General, Government
Railway Police. If the flow of promotion is unevenly distributed amongst
ranges, the Inspector-General of Police shall make suitable transfers of
Sub-Inspectors on the promotion list from one range to another.
(2)
Officiating promotions to the rank of Sub-Inspector, Assistant Sub-Inspector
(For Haryana. - and Head-Constable) shall be made by Superintendents of Police
and Assistant Superintendent, Government Railway Police. If the flow of
promotion is unevenly distributed among districts, the Deputy Inspector-General
shall make suitable transfers of Assistant Sub-Inspectors, Head-Constables (For
Haryana.-and Constables) on the promotion lists from one district to another.
(3)
All promotions concerning Inspectors, Sub-Inspectors, Assistant Sub-Inspectors
and Head Constables made under this rule shall be published in the Police
Gazette, and notifications by Superintendents shall be sent in through the
Deputy Inspectors-General who shall have the power to revise such orders on
recording reasons in each case. If any Superintendent has not enough men on
lists C, D and E in his district to fill temporary appointments in either rank,
which he is required to make, he shall apply to the Deputy Inspector-General
for a man from another district.
SYNOPSIS
1.
Automatic confirmation - - “Officiation”
and being placed on “probation”.
2.
Order of dismissal by a subordinate
authority.
3.
Promotion to the report of Assistant
Sub-Inspector of Police from list ‘D’.
COMMENTS
1.
Automatic
confirmation - - “Officiation” and being place on “probation” – Leaned counsel
for the respondent-State was right in his stand that the nature of officiation
does not either change or vary by the nature of the post against which a person
officiates. The statutory rules do not the post against which a temporary vacancy only. To hold so, by a
process of interpretation would, in my view, be unsupportable. The language in
the status is unlimited in its Sweep. Therefore, officiation may well be
against a regular or permanent vacancy. In view permanent vacancies cannot
possibly be excluded from the concept of an offciation against them.
If in essence ‘officiation’ and being placed on
probation ‘are’ district and separate term then the mere length of time of
officiating cannot convert it into a deemed probation. On principle such an
interpretation does not command itself to me and as would appear hereafter preceding is equally to the
same effect Raj Kumar , A.S.I vs. State
of Punjab and others 1980(3) S.L.R.779
2.
Order dismissal by a subordinate authority. – The sole that has been
argused in the petition is that the petitioner
has been appointed a an officiating Assistant Sub-Inspector of Police by
the Deputy Inspector-General of Police, Patiala Range, Patiala, and not by the
Superintendent of Police, Patiala, and therefore, he could be dismissed from
service only by the Deputy Inspector-General of Police Patiala Range. The reply
on behalf of the respondents is that under rule 13.4 of the Punjab Police Rule,
1934 an officiating Assistant Sub-Inspector of Police can be appointed by the
Superintendent of Police provided the vacancy in which he is appointed id of
less than eight months duration. Man
Singh A.S.I. vs. State of Punjab and others, 1973(1) S.L.R.365
3.
Promotion
to the post of Assistant Sub-Inspector of Police from list “D”. With regard to
officiating promotions, rule 13.9(2) directions that officiating promotion
shall be made out of his list as far as possible in rotation so as to give each
man a trial in the duties of the higher rank. An analysis rules shows that
officiating promotion of Assistant Sub Inspector from list D id intended to be
made, as far as possible, in rotation or turns so as to give each man a trail
in the higher rank. We are of the view that officiating appointments envisaged
in the rule appointments against temporary posts or against temporary vacancies
in appointment posts, both of which mist, and a permanent regular vacancy and
there id no exigency of police service required local arrangement, it is difficult
to hold that the rule permit promotion of qualified men t o be made in
officiating capacity for more than 2 years being the period mentioned in rule
13.18 during which their fitness and conformation must finally be determined. It is obvious that the promotion
of a fit senior officer cannot be superseded and bye-passed by a junior, by
keeping the senior in an offiaciating capacity indefinitely. Any other
interpretation would destroy the object of the rules and would militate,
particularly against rule 13.18. On a construction of rule 13.9(2), I it be
left to the authorities concerned to discriminate equal persons and appointment
some in officiating capacity and keep them in this capacity for several years
while appoint others on probation on way to automatic confirmation after two
years, the power will be unguided and unfettered and would be discriminatory
and unconstitutional.
The
rule requires the higher officers to
keep a strict watch on the conduct and efficiency of the officers and pass
definite orders with regard to their fitness within a reasonable time, but it
is a legal right of the public servant
equally placed to be considered for promotion. If there is nothing
against the officers, senior qualified officers must be promoted and confirmed and if there be anything
against them which militated against their fitness there must be a definite
decision according toe law holding unfit for promotion or confirmation every
time their juniors are considered for promotion. Sat Pal, A.S.I. vs The Delhi Administration, Delhi through Lt.
Governor Delhi and ors., 1974(1) S.L.R. 733.
13.5. –Omitted by Haryana vide Notification dated
18.3.1980.
13.5. Promotion to the selection grade of Constables.
– (1) No Constable shall be promoted to the selection grade of constables
unless he is (a) physically upto the required standard (sub-rule 12.16 (1)),
(b) can read and write simple Urdue
sentences and English numerals and (c) has a character roll clear of any entry
carrying a moral stigma. Condition (a) can be relaxed by Superintendent of
Police for good reasons to be recorded and conditions (b) and (c) can be
relaxed by Deputy Inspectors-General and the Assistant Inspector-General,
Government Railway Police.
(2) Men
who possess the essential qualifications prescribed in sub-rule (1) shall be
promoted as vacancies occur according to their order of marking on the
following system:-
(a)
Education
--
F.A. or higher …
5 marks
Matriculation …
3 marks
Non-matriculation but above
primary …
2 marks
(b)
Courses
passed..
(i) Lower School …
5 marks.
(ii) Drill at Police Training School … 3 marks.
(iii) Traffic (by an approved standard) … 2 marks.
(iv) Finger Print …
2 marks.
(v) 1st or 2nd in recruits’
examination … 1 mark.
(vi) St. John’s Ambulance 1st Aid Course … 1 mark.
(vii) Armourer’s Course … 2 marks.
(c) Professional
ability--
Up to
a maximum of 12 marks.
(d) Character
--
Up to
a maximum of 10 marks.
(3) Full
marks under (c) and (d) in sub-rule (2) shall not be given to a constable with
less than ten year’s service. Marking under (c) shall be estimated by
commendation certificates and other proofs of special ability in detective
work, disguising, intelligence duty and the like.
Ithustration.—A, who has passed the
First Arts Examination is 1st in his recruits course, has passed
traffic and finger print courses, has three years’ service and has learnt the
work of assistant police station clerk, might have 16 marks. B, a
semi-illiterate constable of 24 years’ service with 18 commendation
certificate, a clear roll, and
established reliability in shadowing work, might have 22 marks gained
under (c) and (d) only.
(4) Notwithstanding
the marking system described in sub-rule (2), men posted to onerous and
responsible duty, such as instructors, permanent traffic staff, clerical
appointments at police stations and headquarters, secret service and central
investigating agency duty, may be given temporary promotion to the selection
grade. Men promoted solely on these grounds shall be reverted tot eh time-scale
at any time if they fail to give satisfaction on the duty for which they have
been promoted or are removed from such duty for a period exceeding three
months.
(5) Constables
of an above Matriculation standard of education and having exceptional family
claims may be promoted tot he selection
grade immediately on passing their recruits course with credit,
notwithstanding the marking system described in sub-rule (2). Direct
appointments to this grade are made in accordance with rule 12.10-A.
(6) A
sheet in Form 13.5 (6) shall be attached tot he character roll of every
constable for maintaining the marking system prescribed in this rule.
(7) Promotion
to the selection grade shall be on probation for three years and constables so
promoted may be reverted without formal departmental proceedings during or on
the expiry of three years of their such
promotion if they fail to maintain an exemplary standard of conduct and
efficiency. Such reversions shall be freely made.
(8) Removal
from the selection grade after once being confirmed in it involves formal proceedings. In the case of a
selection grade constable who, on being sentenced judicially to a punishment of
fine or simple imprisonment, or both, or to rigorous imprisonment not exceeding
one month, is not dismissed under Police Rule 16.2 (2), the normal minimum
departmental punishment shall be reduction to the time-scale. Similarly, in the
case of a selection grade constable found guilty of in efficiency, whether in
general or in respect of the special qualifications for which promotion has
been given, the normal minimum punishment shall be reduction to the time-scale.
13.6—Omitted
by Haryana vide Notification dated 18.3.1980.
13.6. List A. Promotion to the selection grade of
constables. – List A ( in Form 13.6) shall be maintained by each Superintendent
of Police, under his own personal supervision, of constables eligible under
rule 13.5 for promotion to the selection grade of constables, The number of
names in the list shall not exceed 10 per cent of the establishment of the
grade in the district.
SYNOPSIS
1.
Relaxation
– Admission to Upper School Training Course.
COMMENTS
1. Relaxation.—Admission to Upper School Training
Course. The petitioner after having completed the course represented to the department that he was qualified for that being
promoted as Sub-Inspector but his representation was rejected. It is
averred that respondent. No.s, 3.4, and 7 have been confirmed as Assistant
Sub-Inspectors vide order dated August 4, 1971 with effect from August 4, 1971.
He as challenged the order of confirmation of the respondent Nos. 3,4, 6 and 7
dated August 4, 1971 and that of promotion as Sub-Inspector of respondent Nos.
8 to 10 through this writ petition. The writ petition has been contested by the
respondents. Balkrishan vs. State of Punjab and others,
1982 (1) S.L.R. 367.
[For Punjab]
13.7. List ‘B’. Selection for admission to promotion
Course for Constables at the Police Training College.—(1) List ‘B’ in Form 13.7
shall be maintained by each Superintendent of Police. It will include the names
of all Constables selected for admission to the Promotion Course for Constables
at the Police Training College. Selection will be made in the month of January, each year and will be
limited to the number of seats allotted to districts for the year with at
twenty per cent reserve. Names will be entered in the list in order of merit
determined by the Department Promotion Committee constituted by the
Inspector-General of Police on the basis of tests in parade, general law
(Indian Penal Code, Criminal Procedure Code, Indian Evidence Act and Local and
Special Laws) interview and examination of records.
(2) All
Constables.--
(a)
who
are middle pass an have put in more than four years of service;
(b)
who
are at least matriculates and have put in more than three years of service; or
(c)
who
obtain first class with credit in the Recruits Course specified in rule 19.2;
will be eligible to have their names entered in in the aforesaid list, if they
are not above thirty years of age on the first day of July in they year in
which the selection is made;
Provided that no Constable who has been awarded a
major punishment within a period of three years preceding the first day of
January of the year in which selection is made will be eligible for admission
to this lists and if any Constable whose name has been brought on this list is
not sent to the Police Training College in that year he will be required to
compete again with the new candidates, if he is still eligible for admission to
the said list under the rules.
(3) Temporary
Constables brought on List ‘B’ shall be absorbed in the regular establishment
in preference to others.
(7)
No
Constable who has failed to qualify in the promotion course for Constables
shall be readmitted to List ‘B’, unless the Principal, Police Training College,
for the lessons to be recorded in writing consider him deserving of another
chance and he is still eligible. The reasons are to be communicated tot he
Superintendent of Police concerned.
[For Haryana]
(Substituted vide Notification
No. S.O. 116 dated 8.9.1992)
13.7. Selection of candidate for admission to courses
at the Police Training College – List B (in Form 13.7) shall be maintained by
each Superintendent of Police. It Course to be held at the Police Training
College. Selection to the list shall be made in the Month of January each year
and shall limited to the number of seats allotted to the district for the year.
Fo0r reasons to be recorded, the number of seats can be increased by 20
percent. Allotment of seats to each dist4rict shall be done on the basis of
existing vacancies and the number of vacancies which are likely to occur during
the next one year. Names shall be entered in the list in the order of merit,
determined by the Department Promotion Committee on the basis of tests in (i)
Parade, (ii) written test in general law (Indian Penal Code, Criminal Procedure
Code, Indian Evidence Act and such other Local and Special Laws as may be
specified) and (iii) Examination of Service Record.
(a)
All Constable irrespective of their educational qualifications shall eligible
to appear for the B-I test, if they are under the age of 40 years and have
completed 5 years of service on the 1st day of July, for the year in
which selection is made.
(b)
The marks to be awarded for educational qualification will be as under:-
B.A. and above …
5 marks
Matric and above …
3 marks
Middle and above …
2 marks
(c)
The marks to be awarded for training courses already passed will be as under:-
Courses upto 1 months duration …
2 marks
Courses upto 3 months duration …
4 marks
Courses upto 6 months duration …
6 marks
Courses upto 9 months duration …
10 marks
(d)
the marks to be awarded for commendation certificates will be as under:-
Class I …
3 marks
Class II …
2 marks
Class III …
1 marks
The
maximum marks for Class, Class II and Class III commendation certificates shall
be 15 and in no case will exceed the maximum limit. For the purposel of
awarding marks for commendation certificates only those certificates shall be
considered which have been awarded before the 1st day of July for
the year in which selection is made.
(e)
The marks to be awarded for the length of service will be as under:---
(i) 5 years to 10 years …
10 marks @ 2 for each
completed
year of service
(ii) 10 years to 15 years …
20 marks @ 2 for each
completed
year of service
(iii) 15 years to 20 years …
30 marks @ 2 for each
completed
year of service
For
the purpose of reckoning completed year of service, the date shall be the 1st
day of July for the year in which selection is made.
(f)
Constables who obtained alround 1st, 2nd and 3rd
positions in the Recruits Course specified under Rules 1-9.2, shall be awarded
3, 2 marks and 1 mark respectively only if they have put in more than five
years service into he 1st of July for he ear in which selection is
made.
(g)
The marks to be deducted for punishment will be as under:---
For every major punishment …
5 marks
For every minor punishment …
3 marks
However,
no other punishment will be taken into account foe the purpose of deduction of
marks. The total marks to be deduction for punishment shall not exceed 25. The
major/minor punishment considered for deduction of marks shall only be those
which have been awarded on or before the 1st day of July for the
year in which selection is made.
(h)
The subject for written test shall be the same as prescribed for Recruits Basic
Course of Police Training College, Madhuba. There shall be two questions on
each of Indian penal Code, Criminal Procedure Code and Evidence Act and 4
question of local and Special laws. One question on each of Indian Penal Code,
Criminal Procedure Code and Evidence Act and two questions on Local and Special
Laws shall be attempted and each question would carry 10 marks, with total of
50 marks for the written paper.
(i)
Subject for test in parade will be as under:---
(1)
Turn
Out …
5 marks
(2)
Personal
performance in squad, drill and rifle exercises …
5 marks
(3)
Word
of Command …
5 marks
(4)
Class
taking …10marks
(5)
Those
candidates who completed 100 metres race in 14.5 seconds … 5 marks
_________
…30marks
The minimum pass marks individually in written
and parade tests shall be 50%. The Departmental Promotion Committee while
preparing the merit list of qualified candidates shall be take into account the
marks obtained in written and parade tests and marks obtained/deducted as
specified above at clauses (b) to (i)
For
the parade/written test, each range Deputy Inspector General of Police shall
constitute a Departmental Promotion Committee consisting of District
Superintendent of Police and two Deputy Superintendent of Police form outside
the concerned district. The question paper of written test shall be set by each
range Deputy inspector General of Police. The Superintendent of Police heading
the Departmental promotion Committee will provide answer sheets with fictitious
roll numbers and have the answer sheets evaluated under his personal
supervision.”
SYNOPSIS
1. Admission
to Lower School Course.
2. Constable
with doubtful is not entitled to be deputed for the course.
3. Constable
who were eligible for further promotion and stood promoted to the next higher
post.
4. Constables
thought not eligible under the rules for undergoing cadre course/Lower school
course sent for the same.
5. Denial
of admission to course not proper.
6. Denial
to constable already on list ‘B’ to undergo training not proper.
7. Departmental
test for being brought on List B-1 for promotion.
8. Distinction
between a lady constable and male constable.
9. First
Aid Course.
10. Fixation
of cut off date as January 1 of every year contrary to the Rules.
11. Justificable
reasons to ignore a Constable on list ‘B’ from sending him to training.
12. Lady
constable allowed to participate the combined test for being deputed for Lower
Training Course.
13. Lower
School Course.
14. Police
Training Course – Eligibility of.
15. Power
of I.G.P. to frame rules and order.
16. Power
to constitute the Departmental Promotion Committee.
17. Prescription
of age limit at 30 years.
18. Prescription
of age on attaining which Constables are debarred from being considered for
selection to Promotion Course.
19. Promotion
– Denial of – Discrimination.
20. Promotion
– Departmental promotion Committee.
21. Proviso
to Rule 13.7(2) in consistent with the provisions of Rule 13.7(1) and 13.8-A.
22. Relaxation/Abolition
of Rule 13.21
23. Reservation
can only be made if otherwise eligible to be considered for promotion
24. Reservation
for Scheduled Castes/Tribes/Lower School Course.
25. Reservation
of posts for Scheduled Castes and backward Classes.
26. Rules
also applicable to Armed constabulary.
27. Scope
– Not mandatory.
28. Second
test during the currency of the year in which earlier test for selection for
promotion.
29. Selection
for being sent to Lower School Course cannot be equated with promotion.
30. Suspension
not a bar to depute for training.
31. Test
parade prescribed under Rule 13.7 for selection.
32. Training
-- Petitioner selected and sent for
promotion course – Recalled back after 1-1/2 months training.
33. Upper
age limit of 30 years.
COMMENTS
1. Admission to Lower School Course. The
contention of the petioner’s counsel that more than 15 marks cannot be assigned
for examiniation of service record does no find favour with the Court. The
break-up of the marks assigned for assessment of service record has been given
in sub-rule (4) of Rule 13.7 of the Rules. A candidate under group (1) cannot
be given more than 5 marks for education. A candidate who has passed all the
courses under group (ii) will be entitled to 15 marks. Under group (iii) if a
candidate is in possession of commendation certificate of Class-I he shall be
entitled to three marks, for class II, 2 marks and for Class III, 1 mark
subject to a maximum o9f 15 for both. A Graduate candidate who had passed all
the courses and is in possession of Class-I, Class-II, certificates, he will be
entitled to 28 marks. Zile Singh vs.
Stateof Haryana and others, 1991(7) S.L.R. 4 = 1992(3) RSJ 60
2. Constable with doubtful integrity is not
entitled to be deputed for the course. The service record of Dhanna Singh, as
produced before me, shows that his integrity has been doubted. A person, who
has been considered to be of doubtful integrity by his superiors cannot claim
that his record is not really based. So, the action of the respondents is not
including his name in List ‘B’ and deciding to send him for Lower School Course
is fully justified. However, the case of Bant Singh and Mghar Singh,
petitioners, is different. In the service record of both the petitioners, there
is no adverse entry apart from the fact that they had been censured. Censure
according to the rules is not a major punishment. So, the petitioners could not
be decided admission to List B and an opportunity for training in Lower School
Course on the basis of the minor punishments of Censure. Dhanna Singh, Constable vs. The Chandigarh Administration and ors.,
1984(1) S.L.R. 739
3. Constables who were eligible for further
promotion and stood promoted to the next higher post. The appellants in L.P.A.
Nos. 291 and 368 of 1984 before us were necessary parties to the Civil Writ
Petitions Nos. 7124 and 6900 of 1975 and therefore, the observations made in
those judgments would not, in any manner, affect adversely the appellants with
the result that the appellants who had undergone the cadre course of the lower
school course in the year 1976 were entitled to be considered for being brought
on the ‘C’ list and to be promoted as Head Constable from the date they had
been so promoted as on that date the provide respondents were yet undergoing
the cadre course/lower school course and they, therefore, in terms, of rule
were no even eligible to be considered for promotion to the post o Head
Constable as the successful completion of the lower school course was sine qua
non for promotion to the next higher post of Head Constable. Once the
constables who were eligible for further promotion and stood promoted to the
next higher post, the Constables who were their senior as Constable having also
passed the lower school course after their so called junior had been promoted
to the post of Head Constable, cannot be legally permitted to flaunt their
seniority as Constables and seek promotion as Head Constable in point of time
prior to those who although were junior to such constable but were alone
eligible to be promoted on the date they were so promoted to the post of Head
Constable. Amrik Skingh and others vs.
State of Punjab and others, 1986(1)
S.L.R. 324
4. Constables though not eligible under the
rules for undergoing cadre course/Lower school course sent for the same. The
contention advance by Mr. Gupta in regard to the two constables is no doubt
correct be then all the private respondent in terms of amended rule 13.7 had
failed in the said test and they every not entitled to be admitted to the course in question.
They were directed to be admitted by this Court. So it hardly lies in their
mouth to challenge the eligibility even of these two constables for being sent
to undergo the given course. The private respondents and these two constables
both being in terms of rule 13.7 no entitled to undergo the course, but both
having done so, then the one who completed the course earlier would, therefore,
if the rules permit would continue to have the upper hand. Amrik Singh and others vs. State of Punjab and others, 198691) S.L.R.
324
5. Denial of a admission to the course not
proper. Training course which began in October 1976 has already come to an end.
Under the circumstances, the case of the petitioners will have to be considered
for the new training course which may
commence hereafter. But so far as further training courses are concerned, it is
and admitted position on that the matter will obviously be covered by the
amended rule 13.7 which has come into operation by virtue of the notification
dated 16.06.1976. Obviously the petitioners will have to undergo the test
prescribed by amended rule 13.7 before getting admission to future course for
training. We may, however, observe that all these petitioners have wrongly been
denied admission to this course in the past. Therefore, this aspect of the
matter must be borne in mind at the time of considering their future admission
to the course in question. On behalf of the petitioners we were requested to
adopt the same formula which was adopted by this Court in Miss Manju vs. State, reported in AIR 1972 H.P. 37. That was the case for
admission to medical college and at the time when the writ petition was decided
by this Court, rules for admission to the medical college were amended. The
Court, however, gave directions to increase the number of seals to accommodate
petitioner Manju who was found successful in the writ petition. We find that it
is not possible for us to adop any course in this case because it may not be
open to the state Government to ask the Government of Punjab to increase any
seat at the Training College at Phillaur with a view to accommodate these
petitioners. But we strongly recommend the case of these petitioners to the
State Government and the concerned authorities, who shall see to it that unless
there is any exceptional circumstance which would justify the refusal to admit
the petitioners to the required course in future in accordance with the amended
rule No. 13-7, the petitioners shall be sent to the necessary training at
Phillaur. It is recommended that, if possibly, the State Government may take
any other necessary step including the step to increase the seats with a view
to accommodate the petitioners in case there is nothing exceptionally adverse
found against them at the relevant time. Shri Baldav Ram, Constable and another
vs. The Superintendent of Police, Kangra and others, 1978(1) S.L.R. 774.
6.
Denial
to constables already on list ‘B’ to undergo training not proper. It is
contended by the learned counsel of the petitioner that they were duly selected
under Rule 13-7 and were brought on List B-1. Under the aforesaid rules they
are entitled to be sent to the Lower School Course in April, 1980. He further
argues that the rule has since been amended and the Government in pursuance of
that rule has made a fresh selecting which is illegal and liable to be set
aside. On the other hand, the learned counsel for the respondents has
vehemently argued that the intention of incorporating the new rule was that the
selection should be made afresh under the amended Rule. According to the
counsel, the candidates already brought on List B-1 were thus not entitled to
be sent to the course. Lal Sindh, Constable and others vs. State of Haryana and
others, 1980(3) S.L.R. 61.
7.
Departmental
test for being brought on List B-1 for promotion. Mere qualifying the test does
not give them any right unless their names are brought on the list. Even the
persons whose names are brought on the list ‘B-1’, cannot claim any right after
the expiry of one year as this list is valid only for the year in which it is
prepared. During the arguments, when it was brought to our notice that the
persons who are already on List ‘B-1’ and have a right to be considered because
of the 20% reserve are also not being considered for the promotion course for
constables at the Police Training College, the position of the State Government
was ascertained from the Assistant Advocate General appearing on behalf of the
respondents, in this respect. He after consulting the respondents has given
undertaking in the Court that all those persons whose names are already there
on List ‘B-1’ including 20% reserve, will be considered by the State Government
for promotion before any other fresh list is prepared within this year. On this
undertaking by the State Counsel, this objection was no more available to the
learned counsel for the petitioners have got any vested right as to maintain
these petitions. The qualifying test in held in order to select persons for
List ‘B-1’, under Rule 13-7, according to the number of seats allotted to each
District. After that selection is over nothing remains and no body can claim
any right subsequently on the basis of his bein qualified in the test. The
purpose of the test, after the necessary selection is made, is over. Any person
who qualifies in the test cannot claim as a matter of right that his name be
brought on List ‘B-1’ subsequent to the test when selection has already been
made. Babour Singh and others vs. State
of Punjab and others, 1980(1) S.L.R. 279
8.
Distinction between a lady constable and male
constable Government were advised in drawing
separate seniority of each cadre of all the women police officials. Jamail Singh and others vs. The State of
Punjab, 1992(2) RSJ 114
9.
First
Aid Course. If photo copy of the certificate issued by the St. John Ambulance
Association is correct, then petitioner had undergone First Aid Course during
his service and no exception can be taken for not giving him credit for such a
course. Ram Niwas vs. State of Haryana
and others, 1992(1) RSJ 726
10.
Fixation
of cut off date as January 1 of every year contrary to the Rules. The cut off
date of 1st of January was also provided in the proviso added to
rule 13-7 and in the standing order it was merely a clarification that is was
also added in clauses (2) opening sentence “All Constables, who upto the 1st
January that year”. This contention cannot be accepted. Proviso as it exists
only debars punishment imposed prior to 1st of January to be taken
into consideration. If a person was awarded major punishment, obviously he
could not be sent for the training but from that no analogy can by drawn that
for applying clauses (a), (b) and (c), the cut off date in all cases should be
January 1st of the relevant year. Rules are framed by the State. A
standing order which is in the form of instructions cannot over-ride the rule
or provide contrary to the rule. Rule 13-7 as already stated above provides for
eligibility of the persons at the time of selection and providing a cut off
date of January 1st, in the standing order Annexure P-I, the
operation of the rule stands curtailed which is not permitted under the law.
The petitioner was eligible to be promoted to the rank of head Constable, being
a Matriculate and having completed three years of service as on February 28,
1992 under Rule 13-7(2)(b) of the Punjab Police Rules as reproduced above. On
that account he was permitted to take the written test, which he passed.
Subsequently he could not be deprived of being deputed to the Lower School
Course. Rajwinder Singh, Constable vs.
State of Punjab and others, 1992(4) S.L.R. 468 = 1992 (3) RSJ 101
11.
Justificable
reasons to ignore a Constable on list ‘B’ from sending him to training. The
petitioner’s name was to be treated as if on List B, but as a reserve candidate
within the 20% quota, the proviso on first impressions seems to be applicable.
But then again, a Constable whose name is on the list and is not sent to the
Police Training College can only be prevented from attending the Police
Training College for justifiable reasons. And here, the justification pleaded,
as has been held earlier, does not cut any ice. It is, therefore, in the
essence of things hat the seat of the year 1978, which remained unfilled for
the inaction of the respondents, must not be taken to have elapsed but to have
remained in animated suspension, to be reactivate by judicial process as an
answer to executive callousness. Accordingly, taking aid of the discretionary
and viable powers with the Inspector-General of Police in the matter of
fixation of the number of seats to be allotted to each district for the year, a
direction need be issued to him to create for the petitioner a suitable seat in
the Training Course of the first batch for the year 1982, but in fulfillment of
the seat left vacant for the year 1978. Any other course would be defeating the
spirit of the rule. The direction is nothing but a measure to cover up the left
over seat which had otherwise rightly fallen to the share of the petitioner. Bhag Singh, Constable vs. State of Punjab
and others, 1982(2) S.L.R. 281
12.
Lady
constable allowed to participate the combined test for being deputed for Lower
Training Course. The stand is that even though joint tests for men and lady
Constables were held in which the petitioner competed and stood first amongst
the Lady Constables and secured a high position in the joint merit, on the
basis whereof she did earn a seat for deputation to the Lower School Course,
yet in the absence of a formal and express order from the respondents allocating
a seat for the Lady Constables, the entire exercise conducted by the
respondents as well as the petitioner was futile and was an idle formality.
Such a stand cannot be countenanced in the eye of law, as according to Rule
13-7 of the Punjab Police Rules, 1934, as applicable to the State of Haryana,
and amended from time to time, there is no such provision or requirement of
passing a separate order about the allocation of seats. Apart from that, if
that was a condition precedent in the minds of the respondents, then either
such an order could have been issued before holding the test in January, 1987,
or if there was some insurmountable difficulty in the passing of such an order,
then the Lady Constables should not have been permitted to participate. Now, after
the petitioner ahs participated in the tests and has secured a meritorious
position, it does not lie in the mouth of the respondents to deny to her, a
well-earned right for undergoing the Training Course. Moreover, if Article
15(3) of the Constitution permits the State to make any special provision for
the women and children, that does not mean that such a provision has to be made
to their detriment. Rather, the intention is to provide better facilities for
their benefit and betterment in their career. The impugned action of the
respondents is wholly arbitrary. Prem
Devi (Smt.) vs. The Director General of Police, Haryana and others, 1988(1)
S.L.R. 468
13.
Lower
School Course. Essential for Constable to sit and pass in the test held under
rule 13-7 of the Punjab Police Rules. Kamal
Kishore vs. The State of Haryana and others, 1992(1) RSJ 524
14.
Police
Training Course – Eligibility of. The selection to be made in accordance with
Rule 19-14 of the Rules succeed the bringing of the constables on list ‘B’ and
does not precede it. Rule 13-7 of the Rule itself envisages the selection to be
made for this list as the vacancies for admission to the promotion course occur
at the Police Training School and it is that selection which has to be made in
accordance with Rule 19-14 of the Rule. Since the petitioner was not placed on
lit ‘B’ or as is the stand of the respondents, was not so approved by
respondent No. 2 Deputy Inspector General of the Range on merits for being so
placed on List ‘B’ he cannot have any possible grouse or locus stand to
challenge the non-holding of test or non-compliance of the procedure laid down
in rule 19-14 of the Rules. It is only the constable on list ‘B’ who can assail
such a non-compliance of the latter Rule. The rest of the assertions of the petitioner
that some of the constables were withdrawn or re-admitted to this list ‘B’ at
the time of their sending to the Police Training Court from amongst the
respondents No. 4 to 13, have also to be negatived for the same very reason,
i.e. he has no locus stand to assail their further selection or non-selection
for being sent to the said Course. The pre-requisite for a constable being
asked to take a test under Rule 19-14 of the Rules or the compliance of the
other formalities of the Rules is that the constable should be on list ‘B’
framed under Rule 13-7, Raj Kumar,
Constable vs. State of Haryana and ors., 1980(1) S.L.R. 599
15.
Power
of I.G.P. to frame rules and order. The first part predominantly takes care for
the organization, classification and distribution of the police-force and other
allied matters relative thereto regarding which the I.G.P. may from time to
time, subject to the approval of the State Government, frame such orders and
rules as he shall deem expedient. Yet in the second part, the I.G.P. is
authorised to frame all such other orders and rule relative to the police force
as he shall, from time to time, deem expedient for preventing abuse or neglect
of duties and for rendering such force efficient in the discharge of its
duties. In the second part, seemingly, the rules and orders contemplated are
not subject to the approval of the State Government, The reason is obvious. In
the second part, the orders and rules to be framed by the I.G.P. are preventive
in nature that whenever it occurs to him he should frame rules or orders
necessary for preventing abuse or neglect of duty and on the other hand for the
purpose of rendering the police force efficient in the discharge of its duties.
Dalbir Singh and others vs. State of
Punjab and others, 1982(3) S.L.R. 329
16.
Power
to constitute the Departmental Promotion Committee. Rule making authority has
the power to nominate the authorities who will exercise powers under those
rules. The State Government acts through human agencies and the Inspector
General of Police is the Head of the Police Department in the State. The power
to constitute the Departmental Promotion Committee and prescribing the syllabi
for the various tests etc., had to be given to some responsible officer and the
vesting of that power in the Inspector General of Police is in accordance with
the constitution of the police force for the district. Under Section 2 of the
Police Act, 1861, the whole State of Punjab form one police district and
the entire police establishment under a State Government is deemed to be one
police force, the administration of which is vested in the Inspector General of
Police under Section 4 of the said Act. Ram
Labhaya, Assistant Sub-Inspector of Police and others vs. The State of Punjab,
through the Secretary for Home Affairs, Punjab and others, 1972 S.L.R. 775.
17.
Prescription
of age limit at 30 years Now coming to the next contention of the learned
counsel for the appellants regarding fixation of age limit in rule 13-7(2), I
do not find any merit in it. I agree with the findings of the learned Single
Judge that rule 13-7(2) is unreasonable and ultra-vires Articles 16 of the
constitution. The age of superannuation of constables is 58 years in Punjab and
it seems highly unreasonable and arbitrary that the constables after having
attained 30 years of age are debarred from consideration for further promotion
for a period of 28 years. Hence this provision regarding age limit is arbitrary
as no reason therefor has been indicated in the rules. Rather this fixation of
age limit debarring the constables for further promotion after they become 30
years of age, would lead to frustration and rusting constables who have crossed
30 years of age, would have no incentive to hard work and honesty because they
know that their future career is blocked as they cannot be promoted even to the
next rank of Head Constables, what to say of consideration for higher
promotion. Thus rule 13-7(2) has no relation with the object to the be achieved
thereby and goes contrary to Article 16 of the Constitution. The only object to
be achieved in Police Force is honesty, hard work and efficiency, I fail to
understand how this object can be achieved by blocking the future career of the
constables at the age of 30 years when they have still 28 years of service to go
with no incentive. This bar or restriction on the age of unintelligible as no
object will be achieved by framing these rules. The bar has been placed on a
constable at such an early stage of his that it has denied him the chance of
any promotion during the last 28 years of his service career. This at any rate
has to nexus with the object to be achieved thereby. The Superintendent of Police, Gurdaspur and others vs. Kashmir Singh,
Constable and others, 1975(2) S.L.R. 116
18.
Prescription
of age on attaining which Constables are debarred from being considered for
selection to Promotion Course. In Clauses (a), (b) and (c) of rule 13-7(2), the
qualifications of Constables, who will be eligible to have their names entered
in list ‘B’, are given, if they ae not above thirty years of age on the first
day of July in the year in which the selection is made. The learned counsel for
the petitioners contended that this provision regarding age limit given in rule
13-7(2) is unconstitutional and, therefore, it should be struck down. In the
State of Punjab, the age of superannuation of a police officer/official is 58
years and to debar a constable from consideration for further promotion for a
period of 28 years seems to be unreasonable and an infringement of his
fundamental right under Article 16 of the Constitution of India. The
restriction of age cannot be provided as it has no nexus to the object to be
achieved i.e. promotion of Constables to the post of Head Constable. This
provision regarding age is arbitrary as no reason has been shown for its
fixation. It violates the rights of the Constables under Article 16 of the
Constitution of India and is liable to be struck down. I, therefore, hold that
the prescription of the age of 30 years for Constables on attaining which they
are debarred under Rule 13-7(2) from being considered for selection to the
Promotion Course for Constables at the Police Training College, Phillaur is
unconstitutional and is struck down. Kashmir
Singh, Constable and others vs. The Superintendent of Police, Gurdaspur and
others, 1974(2) S.L.R. 15
19.
Promotion
- - Denial of - - Discrimination. The petitioners having got distinction in the
Lower School Course held in the month of April, 1982 would not be hit by the
order of cancellation of these instructions as such like instructions are
prospective in operation only, especially when the petitioners had acquired a
right to be considered for accelerated promotions before the issuance of such
instructions.
Moreover, the retrospective application of these
instruction would result in discrimination between the members of the police
force similarly situated as admittedly under the Rule 1944 instructions some
constables were given accelerated promotion as head constable. Under these
circumstances the act of the respondents in not considering the case of the
petitioner for accelerated promotion has not only resulted in discrimination
but arbitrariness and, thus, hit by the mandate enshrine in Articles 14 and 16
of the Constitution.
For the foregoing reasons this writ petition succeeds.
The respondents are directed to consider the case of the petitioners for
accelerated promotion to the post of head constable with effect from the date
they had cleared the Lower School Course with distinction under the 1944
instructions. Rattan Lal, Constable vs.
State of Haryana and ors., 1990(3) S.L.R. 92 = 1992(2) RSJ 740
20.
Promotion
- - Departmental Promotion Committee. Rule 13-7 envisaged appointment of a
promotion committee by Inspector General of Police, the instructions envisaged
appointment of Promotion Committee by D.I.G. Police and therefore, the
selection held by the promotion committee could not be considered strictly to
be in accordance with Rule 13-7. Even if for the sake of argument it is assumed
that the promotion committee in the present case had been appointed by D.I.G.
and not by the Inspector General of Police,
then that by itself would no render the selection as not being in
accordance with the said rule. The material requirement of the said rule is (i)
that the personnel of promotion committee should be of high rank; (ii) that
they had judged the merit of each constable in accordance with the test
envisaged in rule 13-7. Whether the high ranking promotion Committee was
appointed by D.I.G. or I.G. is not of the essence of the rule. In the present
case the promotion committee envisaged by the instructions comprised of
Superintendent of Police of the concerned District as its President and two
Gazetted Officers nominated by the D.I.G. of the Range. Amrik Singh and others vs. State of Punjab and others, 1986(1) S.L.R.
324
21.
Provision
for competing again if not sent for admission to promotion course. It is
evident from the bare reading of rule 13-7(1) that list ‘B’ in Form 13-7 shall
be maintained by each Superintendent of Police; that it will include the names
of all Constables selected for admission to the Promotion Course for Constables
at the Police Training College; that the selection shall be made in the month
of January each year; that it will be limited to the number of seats allotted
to the districts for the year with a twenty per cent reserve and that the names
in the list are to be entered in order of merit which is to be determined by
the Departmental carried forward for the next year. The list is to be prepared
every year in the month of January on the basis of merit as aforesaid.
Otherwise, if the list was to be carry forward, then the language of rule
13-7(1) would have been entirely different. In that event there would have been
indication in the rule that the list would be carried to the next year, that
the new eligible constable would be placed at the bottom of the list and that
the person at the top would be sent first to the Police raining College. But it
does not seem to be the intention of rule 13-7(1) and the proviso to rule
13-7(2) has only made further clarification. The proviso only says that if any
Constable, whose name has been brought on the list, is not sent to the Police
Training College in the year, he will be required to compete again with the new
candidates, if be is still eligible for admission to the said list under the
rules. Secondly the proviso does not in any way lead to the impression that the
names of the petitioner-respondents were impliedly removed from list ‘B’ by way
of punishment. The Superintendent of
Police, Gurdaspur and others s. Kashmir Singh, Constable and others, 1975(2)
S.L.R. 116
22.
Proviso
to Rule 13-7(2). Inconsistent with the provisions of Rule 13-7(1) and 13-8-A.
Every Constable, whose name is on list ‘B’, has the right to be sent for
Promotion Course for Constables at the Police Training College, Phillaur in
order of his seniority determined in accordance with rule 13-7(1). The impugned
order impliedly removed the names of the petitioners from List ‘B’ because they
are required to appear again in the test for bringing their names on that list.
The petitioners, therefore, cannot be asked again to appear in the test for
bringing their names on list ‘B’, because they were not sent for training in
the year 1973, in which their names were brought on the list. The proviso to
Rule 13-7(2) is inconsistent with the provisions of Rule 13-7(1) and Rule
13-8-A. The provisions of this proviso to Rule 13-7(2) that if any Constable,
whose name has been brought on the list, is not sent to the Police Training
College in that year, he will be required to complete again with the new
candidates, if he is still eligible for admission to the said list under the
rules are arbitrary as no reasons are given for making this provision. This
proviso is, therefore, ultra-vires of Article 16 of the Constitution as it puts
a hurdle in the way of the Constables, whose names have been validly and
legally brought on the list ‘B’, to acquire the necessary qualifications by
passing the promotion course in the Police Training College, Phillaur, which
alone will make them eligible for the next promotion as Head Constable, and it
is struck down. Kashmir Singh, Constable
and others vs. Ths Superintendent of Police, Gurdaspur and others, 1974(2)
S.L.R. 15
23.
Relaxation
/ Abolition of Rule 13-21 – Rule 13-7 is not that mandatory and cannot remain
mandatory due to the power of relaxation available in rule 13-21, as also due
to the workability of rule 13-20, the conclusion is inescapable that by virtue
of order, Annexure P-2, the I.G.P. had the power to relax rule 13-7 to the
extent of abolishing the parade test altogether for the year 1982 with respect
to the class and category of persons competing for the test to be held in
January, 1982. Thus, the question passed at the very outset is answered in the
affirmative holding that the power of relaxation under rule 13-21 vested in the
I.G.P. goes to the extent of abolishing a particular rule virtually, but for
reasons to be recorded in writing and in respect of any class or category of persons.
And the exercise of this power is not in the nature of amendment to the Rules,
but as a measure to serve the exigencies of service so as to carry out the
purposes o the Act, it is not a fraud on the Rules either. Balbir Singh, Constable and others vs. State of Punjab and other,
1983(1) S.L.R. 109
24.
Relaxation
of rules – Power vested in I.G.Police. Under Rule 13-21, it is only the
Inspector General of Police who has the power to relax any of the provisions of
Chapter XIII with respect to any of class or category of persons but contrary
to the rule in the present case, according to the return filed on behalf of the
respondents themselves, this relaxation has been made not by the
Inspector-General of Police, but by the State Government. Of course, the said
rule authorities the Inspector-General of Police, Punjab, to relax the Rules,
if in his opinion it is necessary or expedient so to do, but in order to
satisfy ourselves, we sent for the original file in which approval of the State
Government was sought by the Inspector-General of Police. After going through
the original file, we find that the proposal was made by the Inspector-General
of Police for holding a special test of constables for List “B-1” for deputing
them to undergo Lower School Course at Police Training College at Phillaur with
a view to have additional qualified constables available for promotion for the
newly created posts of Head Constables. The sanction regarding grant of
relaxation of Rule 13-7 was only sought by him because the posts were
sanctioned on account of the recommendations of the Punjab Pay Commission by
the State Government and the State Government has only stated that the
necessary sanction is granted. In our opinion, for all intents and purpose, the
requirement of Rule 13-21, which reads, “where the Inspector General of Police
is of the opinion that is necessary or expedient so to do, he may, by order for
reasons to be recorded in writing relax any of the provisions of this Chapter
with respect of any class or category of persons” has been compiled with. The
relaxation has been made by the Inspector-General of Police, though the same
has also been sanctioned by the State Government. Mere grant of sanction by the
State Government on the proposal initiated by the Inspector-General of Police,
will not in any way violative Rule 13-21. Babour
Sindh and other vs. State of Punjab and other, 19u8-0(1) S.L.R. 279.
25.
Reservation
can only be made if otherwise eligible to be considered for promotion.
According to this proviso five percent of such promotions can be made from
amongst the members of the Police Force who achieve outstanding distinction in
sports field at all India level or international level if they are otherwise
eligible for promotion but for seniority. It is, therefore, evident that a
person who has achieved an outstanding distinction can be selected for
promotion only if he is otherwise eligible. The eligibility of the member of
the Police Force is determined by the Departmental Promotion Committee
according to the provisions of rules 13-7 and 13-20. It is only if he is found
eligible that he can be selected against a reserved seat even though he may be
much junior to the other persons whose names were also brought on the selection
list by the Departmental Promotion Committee. The benefit which is intended to
be conferred on a member of the Police Force having outstanding distinction in
sports appears to be that he is allowed to supersede in persons senior to him
in the service but all instructions are prospective in operation only,
especially when the petitioners had acquired a right to be considered for
accelerated promotions before the issuance for such instructions.
Moreover, the retrospective application of these
instructions would result in discrimination between the members of the police
force similarly situated as admittedly under the Rule 1944 instructions some
constables were given accelerated promotion as head constable. Under these
circumstances the act o the respondents in not considering the case of the
petitioners for accelerated promotion has not only resulted in discrimination
but arbitrariness and, thus hit by the mandate enshrined in Articles 14 and 16
of the Constitution that the rule was framed under S.46 of the Act) that the
rules has been framed for giving effect to the provisions of the Act. This has
to be seen in the backdrop of S.12 which has been noticed a while ago providing
that to restore efficiency in the discharge of the duties of the police-force,
is the function of the I.G.P. And if in the manner of selection for promotional
course, he considers it necessary or expedient to relax any provision of
Chapter XIII with respect to any class or category of persons he can do so for
the purposes of the Act but by order and for reasons to be recorded in writing.
In this context, it may for the sake of argument be taken that all the rules
starting from 13.1 ending by 13.20 are mandatory in nature but by providing
rule 13.21 the mandatoriness of the rules, to my mind, has been done away with
by the grant of power of relaxation. Thus, as it seems to me, the State
Government by framing rule 13.21 did not as a delegate further delegate its
power to the I.G.P. for amendment of the rules, but rather facilities, by
simultaneously conferring power under rule 13.20, the carrying out of the
purposes of Chap. III of the Rules and of the Act. For it cannot be forgotten
that the I.G.P. and the State Government both are delegates under the Act
within their respective spheres and for smooth functioning are expected to
co-ordinate and conform to the objectives of the Act sough to be achieved. Dalbir Singh and others vs. State of Punjab
and others, 1982(3) S.L.R. 329.
26. Reservation
for Scheduled Castes/Tribes/Lower School Course – We have reexamined the matter
in the light of the various judgments and rules and find that rule 13.7 is
substantially different in its applicability and essence for rules 13.9 and
13.10. It is to be borne in mind that as per the practice in the Department, no
inter seniority of Constables is maintained and all Constables who qualify in
terms of the rule and the Standing Order are entitled to be put on List ‘B’ for
being sent to the Lower School Course. It is after passing the Lower School
Course that a seniority list of Constables is framed under rule 13.8, and are
put in List ‘C’ where in addition to other factors, the merit obtained in the
course is to be kept in view. It is , therefore, apparent that the prescription
of rest at the stage of the preparation of List ‘B’ in terms of Rule 13.7 is
essentially a step in the process of promotion of Constables to Head
Constables. That being the situation, it would be mandatory on the authorities
to make the reservation as provided by Annexure R-1 at the stage of selecting
candidates for being put on List ‘B’.
The adequate number of reserved
category candidates would not be reflected in List ‘C’ which concededly does
constitute a link in the process of promotion. We are, therefore, of the
opinion that Sardul Singh’s case (supra) is distinguishable on facts and does
not help the case of the petitioners. The Division Bench in Ram Kumar’s case
(supra) and the learned single Judge in CWP No. 5009 of 1985 (Constable
Ravinder Singh and others vs. State of Punjab and others) have not gone into
the aspect of the matter as we have seen it, and have substantially relied on
the observations made in Sardul Singh’s case. Sarbjit Singh and others vs. State of Punjab and others, 1991(5) S.L.R.
279 = 1991(2) RSJ 665.
27. Reservation
of posts for Scheduled Castes and Backward Classes – The Lower School Course is
a promotion course for Constables yet sub-rule (2) of rule 13.8 lays down in no
uncertain terms that promotion to the post of a Head Constable shall be made in
accordance with the principles described in sub-rules (1) and (2) of rule 13.1.
This sub-rule further provides that selection grade. Constables who have not
passed the Lower School Course at the Police Training School but are otherwise
considered suitable may with the approval of the Deputy Inspector General of
Police by promoted to the post of Head Constables though to the extent of 10
per cent of the vacancies only. Thus this part of the sub-rule clearly
indicates that the qualification of having undergone a training may even be
completely waived for promotion to the post of a Head Constable in the case of
selection grade Constables. What sort of process of promotion from one rank to
another and from one grade to another in the same rank shall be made by
selection tampered by seniority efficiency and specific qualifications whether
in the nature of training course passed or practical experience shall be
carefully considered in each case. Sub-rule (1) of this rule further lays down
that when qualifications of two officers are otherwise equal, the senior shall
be promoted. A bare reading of this sub-rule makes it manifestly clear that to
undergo a training course is only one of the qualifications which makes a
Constable eligible for being considered for promotion to the next higher post
of Head Constable. It is also clear from the phraseology of instructions P.1
that these envisage reservation to the post and not to eligibility or the
training course. Ram Kumar and others vs.
State of Haryana and others, 1983(1) S.L.R. 435.
28. Rules
also applicable to Armed constabulary – Even admitting for the sake of argument
that identification of higher categories of posts in the Armed Police with the
corresponding posts in the District Police may require bit of head scratching,
but there cannot be any dispute abut the fact that designation of the lowest
rank in the Armed Police and the District Police is the same i.e. a constable
constitutes the lowest rank in the two wings of the police and the first course
that a constable is required to undergo is the lower school training course. Therefore,
there cannot be any doubt that a constable of the Armed Police under the Police
Rules which have already been held applicable to this wing of the police has to
be sent to the lower training course in accordance with the relevant rule and
that rule 13.7 of the Police Rules and therefore, one has to see whether the
selection had been substantially in accordance with the said rule. Amrik Singh and others vs. State of Punjab
and others, 1986(1) S.L.R. 324.
29. Scope
– not mandatory – Rule 13.7 has not amended, altered or obliterated from the
Statute Book, but its workability has been relaxed inasmuch as the parade test
for the year 1982 has totally been done away with, for the class of Constables
who would be selected for the Promotion Course. The suggested …. infraction of
rule 13.7 with regard thereto cannot, to my mind, affect the validity of the
selection made for the Promotion Course, for both the reasons, that neither the
rule 13.7 is mandatory in that sense nor has it remained mandatory by relaxation
of it s provisions under the impugned orders. Balbir Singh, Constable and others vs. State of Punjab and others,
1983(1) S.L.R. 109.
30. Second
test during the currency of the year in which earlier test for selection for
promotion – The mere use of the words “will be made in the month of January”
does not mean that no second test can be held in any other month during the
year. The rule is not mandatory to that extent. Moreover, there can be
exigencies of Police service where the State Government may require more Police
force in a particular year. In the present case, this necessity has arisen
because the State Government had sanctioned 560 new posts of Head Constables in
the Punjab State on the account of the acceptance of Punjab Pay Commission’s
recommendations. At the most, it may be argued that it may be mandatory to this
extent that selection will be made in the month of January, each year, but it
cannot be extended further that another selection by another examination cannot
be made subsequent thereto. In this prevent case, that requirement of the rule had already been compiled with.
In the nature of things and keeping in view that the exigencies of Police
service, it is obvious that it cannot be held that the State Government is
debarred to hold more than one test for selection in the same year. Babour Singh and others vs. State of Punjab
and others, 1980(1) S.L.R. 279.
31.
Selection
for being sent to Lower School Course cannot be equated with promotion – The
process of selection for being sent to Lower School Course could not be equated
to the consideration for promotion.
Reservation for Scheduled Castes for deputing them to Lower School
Course was not permissible and the constables be sent to Lower School Course on
the basis of merit. In the return it has
been stated that against the said judgment of this Court, a special leave
petition is pending in the Supreme Court, in which the operation of the
judgment of the High Court has been stayed.
In view of the aforesaid judgment of this Court, on the last date of
hearing the learned counsel for the State wanted time to get instructions from
the Department as to whether the petitioner could be sent for the Course which
has commenced in April, 1988. However,
learned counsel for the State submitted that as per the instructions the
petitioners could not be sent for the present Course as the Lower School Course
had already commenced. Ashok Kuma and
other vs. State of Punjab and others, 1989(3) S.L.R. 539 = 1990(2) R.S.J. 209
32.
Suspension
not a bar to depute for training.
Attending the Course under Rule 13.7 of the Punjab Police Rules is a
step towards promotion. Actual promotion
is made subsequently. There is no
restriction contained in Rule 13.7 that a person who has been placed under
suspension can be kept back. It is only
after infliction of the major punishment that it would operate as a bar for
admission to or retention in lists A.B and C, as provided under the Punjab
Police Rules, which his maintained for promotional purposes. The stage will only come when any major
punishment is imposed on a Police Officer and not at the stage of
suspension. Suspension per se is not
punishment and it cannot have any effect on the
rights of the constables to attend the Lower School Cousre, as stated
above. For the reasons recorded above,
this writ petition is allowed with the direction to the respondents to send the
petitioner forthwith to attend the Course which is started in October,
1991. It is left to the authorities to pass
appropriate orders on the question of promotion at the relevant stage, keeping
in view the observations aforesaid and the rules on the subject. Balraj Singh, Constable vs. State of Punjab
and others, 1991(6) S.LR. 597=1992(1) RSJ 188
33.
Test
parade prescribed under Rule 13.7 for selection. It was also pointed out that all constables,
in any case, under the rules are required to once a year to the lines where
they have to undertake drill and parade at a part of the normal unkeep, and for
the selection of the present promotional course, such repetition is not
necessary. Having regard to the view
that I am about to take, the arguments put forth by the learned counsel are
sound. Undisputably, the police rules
provide that a recruit before he becomes a Constable has to undertake a
training for parade and thus it goes without saying that a Constable is
well-equipped in his drills. And for the
selection of a promotional course, if his drilling skill is made to recede in
the background but his knowledge of law is brought to the forefront, such step,
to my mind, promotes efficiency in the police-force whose primary function is
not only to maintain law and order in the State but also to prevent commission
and detection of crime.
As
analysed above, rule 13.7 has not been amended, altered obliterated from the
Statute Book, but its workability has been relaxed inasmuch as the parade test
for the year 1992 has totally been done away with, for the class of Constables
who would be selected for the Promotional Course. The suggested infraction of rule 13.7 with
regard thereof cannot, to my mind, affect the validity of the selection made
for the Promotion Course, for both the reasons, that neither the rule 13.7 is
mandatory in that sense nor has it remained mandatory by relaxation of its
provisions under the impugned orders.
Dalbir Singh and other vs. State of Punjab and others, 1982(3) S.L.R. 329.
34. Training—Petitioner selected and sent for
promotion course—Recalled back after 1-1/2 months training. Petitioner were selected by the Deputy
Inspector General of Police for promotion course of Head Constable. They joined the course and attended the same
for 1-1/2 months when they were recalld by order of the Deputy Inspector
General of Police. The order of recall
was not a speaking order and no reasons
were given when they had been recalled.
It was stated in the affidavit that petitioners had failed to qualify
the law parade test and the Inspector General of Police had refused to relax
the Rule 13.21 of Punjab Police
Rules. The order recalling the
petitioners from promotion course was illegal, ultra vires and is liable to be
quashad. No condition was attached that
selection of the petitioners was subject to the relaxation of rules grantd by
the Inspector General of Police. Rule
13.9 of Punjab Police Rules in so far it gave the powers of selection for
admision to the promtoion course for Head Constables was ultra vires Article 16
of the Consitition of India. Udham Singh
and anr. Vs. The Inspector-General of
Police and ors. 1973(1) S.L.R. 1048
34.
Upper
age limit of 30 years. It is to be borne
in mind that constables enter the police force between the ages of 18 and 27
and under the rule, broadly speaking, they must be selected for promotio,
before they attain of 30 or not at all.
It is true that the prescription of the maximum age of 30 for selection
for promotion is bound so result in hardship to a considerable number of
constables, who, is not selected, are condemned to stagnation in service for a
long period of 28 years. The may
necessarily lead to frustration among those who fail to get selected for
promotion. On the other hand, the very
prescription of the maximum age of 30 for selection for promotion of a
constable indicates that the administrative agency responsible for making the
rules expects from constables aspiring promotion a display of their talent and
their ability from the very commencement of their career. Apparently, the
administrative agency is of the view that only those should be selected for
promotion that exhibit from the very beginning such qualities as are considered
necessary for promotion to higher posts in the police service. That, as already explained appears to be the
scheme of the rules. It is not any one
is denied an opportunity of being considered for promotion. Since ordinarily the maximum age for entry
into service is 27, every constable has at least one chance of making the grade
in order that he may be selected for promotion, the number of chances depending
on his age on enlistment as a constable.
A person who enlists as a constable cannot complain that those who have
enlisted young have a large number of chances.
No one has a fundamental right to be promoted; one has only a right to
be considered for promotion. No one has
a fundamental right to have a minimum
number of so many chances to be considered for promotion. Deputy Inspector General of Police, Ambala
Range, Ambala and another vs. Shamsher
Sigh, Constable, 1977(1) S.L.R. 358
13.8
List
C. Promotion to Head Constables.—(1) In
each district a list shall be maintained in card index form (form 13.8(1) of
all constables who have passed the Lower School Course at Phillaur and are
considered eligible for promotion to Head Constable. A card shall be prepared for each constable
admitted to the list and shall contain his marking under sub-rule 13.5(2) and
notes by the Superintendent himself, or furnished by Gazetted Officers under
whom the Constable has worked, on his qualifications and character. The list shall be kept confidentially by the
Superintendent and shall be scrutinized and approved by the Deputy
Inspector-General of Police at his annual inspection.
(2)
Promotion
of Head Constable shall be made in
accordance with the principle described in sub-rules 13.1(1) and (2). The date of admission of List C shall not be
material, but the order of merit in which examinations have been passed shall
be taken into consideration in comprising qualifications. In case where other
qualificatino are equal, seniority in the police force shall be deciding
factor. Selection grade constables who
have not passed the Lower School Course at the Police Training School but are
otherwise considered suitable may, with the approval of the Deputy
Inspector-General, be promoted to Head Constable up to maximum of ten per cent
of vacancies.
13.8-A Disqualification for admission to or retention
in Lists A, B or C.-- (1) The infliction of any major punishment shall
be a bar to admission to or retention in lists A, B, or C, provided that (a)
for special reasons to be recorded by the Superintendent in each case, and
subject to confirmation by the Deputy Inspector-General, this disqualification
may be waived and (b) after six months continuous good conduct in the case of
censure or confinement to quarters or on expiry
of the period of reduction in the case of reduction for a specified
period, a constable may be re-admitted at the discretion of the Superintendent.
2)
Gazetted
Officers shall look out for, and encourage their Inspector and Sub-Inspector to
bring to notice, Constable who, by reason of their general character and
ability or of special acts, are suited for inclusion in lists A, B or C, and
shall, after satisfying themselves by necessary enquiries, make suitable
recommendations to the Superintendent.
SYNOPSIS
1.
Bringing
of name on list C-1 for promotion to the post of Head Constable.
2.
D.P.C.
ignored peitioner for promotion for having short tenure of service.
3.
Determination
of seniority.
4.
Head
Constables junior to the petitioners but on deputation with Police Training
College sent for the Intermediate School Course.
5.
Intermediate
School Course.
6.
List
made in accordance with Rule 13.8.
7.
Lower
School Course.
8.
Not
sent because of stoppage of increment for one year.
9.
Reservation
for Scheduled Castes/Lower School Course.
10.
Reversion.
11.
Reversion
from the post of Head-Constable.
12.
Reversion
from the post of Head Constable to that of Constable.
13.
Right
for being deputed for the Intermediate School Course.
14.
Ten
per cent vacancies of Head Constable to be filled up from amongst those
Selection grade Constables who had not passed the Lower School Course.
15.
Training-Petitioner
ignored.
COMMENTS
1.
Bringing
of name on list C-1 for promotion to the post of Head Constables. Rule 13.8(2) and instructions Annexure P2 clearly stipulate that entry in
list ‘C-1’ has necessarily to be from the date of qualifying the Lower School
Course and the order of merit. It is not
disputed that the petitioners passed the lower School Course on the same date
as respondents No. 4 to 8 and 10. The
two petitioners were admittedly higher in merit than the said respondents. If that he so then the action of the
respondents was totally unjustified to
bring the names of petitioners on list ‘C-1’ with effect from February 1, 1976
instead of September 29, 1975 or atleast October 1, 1975. Instead of correcting the apparent mistake,
the Deputy Inspector General of
Police, Hissar fell in procedural
and technical wrangles. Nothing has been
brought to my notice which may specify any limitation for correcting an
admitted clerical mistake and if that be so even a technical objection raised
against the claim of petitioners has necessarily to be rejected. Rajinder Singh and another vs. State of
Haryna and others, 1991(3) S.L.R. 210=199 (1) 761
2.
D.P.C
ignored petitioner for promotion for having short tenure of service. It is the case of the respondents that the
Exemptee quota of promotion is meant only for those constables who are
otherwise suitable for promotion as Head Constables but could not, for one
reason or the other, qualify the power school course, and that promotion against
the Exempted quota is given not merely on the basis of seniority, but the
suitability for the official to hold the post of Head Constable has also to be
adjudged. It is stated that the
petitioners was not considered suitable for the said promotion against the
Exempted in view of his very short tenure of service in the Police Department
since he had worked for less than a year as a regular police constable after
passing out from the Recruits Training Center in the session ending March,
1987. It is further stated that the normal channel of promotion
to the cadre of Head Constables is from amongst Police Constables who have
passed the Lower School Course for which selection are made on the basis of a
test held every year and that the petitioners had not even attempted to compete
in the said test though he had become eligible to do so in 1988. Vichittar Sigh vs. State of H.P. and others
1989(4) S.L.R. 283.
3.
Determination
of seniority. The seniority of the Head
Constable has to be determined by the Inspector General of Police on State-wise
basis and not by the Deputy Inspector General of Police. On Range wise basis. I do not find any merit in this contention as
under Rules 13.8 and 13.9 of the Rules, seniority of Head Constables has to be
determined by the Deputy Inspector General of Police according to the Range and
not on State-wise basis. This matter,
therefore, stands settled and has assumed finality and there is no warrant for
re-opening the same. Still, if confirmation of any Head Constable has been made
or benefit of seniority of promotion has been granted to any Head Constable in
violation of the aforesaid Rules and the right of senior persons have been
adversely affected, it is the duty of the respondent authorities to look in to
the matter and redress the genuine grievance of the senior Head Constables
promptly. Laxmi narain and others vs.
state of haryana and others, 1991(4) S.L.R 119.
4.
Head
Constables junior to the petitioners but on deputation with police Training
College sent for the Intermediate School
Course. We find that grave injustice ins done by the respondents in sending the
deputationists to attend the Course, Rule 13.8 of the Punjab Police Rules as
applicable to Haryana contemplates that confirmed Head Constables in order of
seniority would be sent to attend
Course, may be while on deputation. The right of the petitioners is jeopardised
and they have genuine grouse. What will happen afterwards need not be taken in
to consideration. Suffice it to say that rule 13.8 stood violated as far as the
right of the petitioners is concerned Surinder
Singh and others vs. State of Haryana and others, 1992 (1) S.L.R. 621=1992 (1)
RSJ 733.
5.
Intermediate
School Course, Respondents remain duty bound to depute every Head Constable on
List ‘C’ to undergo the Intermediate School Course strictly in the order of his
seniority determined in accordance with Rule 13.8. Suresh Kumar vs. State of
Haryana, 1991 (3) RSK 490.
The
seniority of the Head Constables has to be determined by the Inspector General
of Police on State-wise basis and not by the Deputy Inspector General of
Police, on Range-wise basis. I do not find any merit in this contention as
under Rules 13.8 and 13.9 of the Rules,
seniority of Head Constables has to be determined by the Deputy Inspector
General of Police accordant to the Range and not on State- wise basis. This
matter, therefore, stands settled and has assumed finality and there is no been
made or benefit of seniority or promotion has been granted to any Head
Constable in violation of the aforesaid Rules and the right of senior persons
have been adversely affected, it is the duty of the respondent authorities to
look in to the matter and redress the genuine grievances of the senior Head
Constables promptly. Sahib Singh, Head
Constable and others vs. The State of Haryana , Home Department ad others, 1991
(4) S.L.R. 456.
6.
List
made in accordance with Rule 13.8. once a list has been made in accordance with
rule 13.8 names therefrom can be removed only under the provisions of rule
13.8-A rule 13.13. Under the former rule
the infliction of any major punishment shall be a bar to the retention
of the name of a person or the promotion list and the Superintend of Police is
bound to remove that name unless for special reasons to be recorded by him the
name is retained but that also subject to confirmation by Inspector-General of Police is to
supervise the working of the promotion list and he has the authority to remove
Any name which he considers has been improperly admitted on that list.
The
petitioner’s case is that he was brought on the promotion list early in 1965
and his name was illegally removed form that list by the second respondent.
Shri P.C. Wadhwa has, on the other hand,
stated in his return that the petitioner’s name was brought on list II and he
admits that he removed his name form that list. The question that arises is
whether the petitioner’s names was every on list ‘C’ as contemplated by rule
13.8 and if so could to be removed by the second respondent when admittedly
neither were any directions of the Deputy Inspector-General of Police under rule 13.13 issued to that effect nor
did the contingency contemplated by rule 13.8-A ever come in to existence. On a
reading of rule 13.8 (1) it is clear that only the names of those constables who
have passed the Lower School Course at Phillaur and are considered eligible for
promotion as Head Constables cab be brought on promotion list ‘C’ person who have not passed this course cannot be
brought on promotion list ‘C’ under sub-rule (2) of rule 13.8 however, in the
case of selection grade constables who have not passed the Lower Course at the
Police Training School but are otherwise considered suitable may with the
approval of the Deputy Inspector General of Police be promoted as Head
Constables up to maximum of ten percent of the vacancies in the posts of
Head-Constables. Thus those constables who have not passed the Lower School
Course may be promoted as Head Constables in a quota fixed form them without
being brought on list ‘C’ . A reading of sub-rule(1) of course cannot be
brought on list ‘C’. it follows, therefore, that if the vacancies in the posts
of Head-Constables available then in the ten percent quota constables who have
not passed the Lower School Course may be promoted but that does not mean that
they are promoted as from promotion list ‘C’. They are promoted in their quota
after selection form those who are considered suitable. For this purpose it
would necessarily require that at the time when promotions are made selection
grade constables who are suitable though may not have passed the Lower Scholl
Course would be considered by the
Superintendent of Police and if the selection
mad y him is approved by the Deputy Inspector General of Police those
person would be promoted to the post of Head Constables. Accordingly, the
contention of the petitioner that he was brought on promotion list ‘C’ cannot be accepted as under the rules the
could not be brought on that list and
the return filed by Shri P.C. Wadhwa clearly states that he was brought on list
C-II Shri Megah Singh, Constables vs.
State of Punjab and others, 1971 (2)
S.L.R 823.
7.
Lower School Course. If any person , who has secured the same or lesser
marks as those secured by the petitioner has been deputed for the lower school
course, the petitioner shall be deputed forthwith. Jagmal singh vs. the state of Haryana and others, 1992 (1) SRJ 735.
Rule13.8.
(2) of the Punjab Police Rules, 1952,
and instruction s Annexure P2 clearly stipulate that entry in list ‘C1’
has necessary to be from the date of qualifying on Lower School Course and the order of merit. Rajender Singh vs. State of Haryana 1991 (3)
RSJ 345
8.
Not sent because of stoppage of increment for one year. The main point
which needs to be considered is whether the applicant could be debarred form
being sent to the Intermediate Course which commenced form 1.4.1983. The
respondent No.2. has pertinently mentioned that the applicant could not have
been sent for this course, as Middle pass was one of the essential
qualification and the applicant furnished middle pass certificate only May,
1983, this apart, it will be readily seen that in accordance with the view
taken by the Full Bench of the Punjab and Haryana High Court in Sardul Singh vs. Inspector General of
Police, Punjab and others state above, the applicant could at best become
entitled to be sponsored for this course, not withstanding the fact that a
departmental inquiry was pending against him. However, as pointed out by the
learned Addl. Advocate General, the passing of the Intermediate School Course
was only one of the essential qualification under Rule 13.9. of the Police Rules of being promoted to the
next higher rank and his suitability form the point of view of efficiency and
integrity had to separately be determined before he could be brought on List ‘D’
which is drawn out for promotion to the next higher rank. In other words, there
is considerable force in his argument that even if it is presumed that the
applicant should have been sent for the Intermediate School Course on an
earlier occasion, this would be of no gavial to the applicant as there could be
no automatic enlistment in list ‘D’ without further consideration of his case
form the stand-point of efficiency and honestly in terms of Rule 13.9 of the
Police Rules. Apart form the fact that he was otherwise intelligible, (as he
submitted his middle pass certificate in May, 1983), the stoppage of increment
for one year temporarily would have, in all likelihood come in his way while
considering his case for promotion under Rule 13.9 of the Police Rules. Further
more, as passing of the Intermediate School Course in one of the essential
qualifications for being considered for promotion to the next higher rank which
he actually passed sometime in 1987, it would be difficult to accept the
promotion to the next higher rank as from 1983 and should be consequentially
given notional seniority as from 1983, over his juniors who were sent for this
course. Amar Singh vs. State of H.P and
others, 1989 (7) S.L.R. 701.
9.
Reservation for Scheduled Castes/Lower School Course. In Ram Kumar’s case (supra) the Division
Bench observed that by no stretch of imagination the process of selection for
being sent to the Lower School Course in terms of rule 13.7 can possibly be
held or equated to the consideration for promotion envisaged by rule13.8. The
above observation in Ram Kumar’s case and Sardul Singh Case fully Cover
controversy before me. There is , therefore, no escape from the conclusion that
places at No,. 1,611 and so on could not be reserved for the scheduled castes
candidates in the list Annexure P.1. when admittedly on merit the petitioners
were superior to them Course in April and October, 1985. Ravinder Singh Constables vs. State of Punjab and others, 1986 (1)
S.L.R. 492.
10.
Reversion Under Rule 13.8 (A) (1),
the reservation of the petitioner form promotion course clearly
tantamount to removal of his name form Promotion List ‘B’ which cannot be
awarded without any major punishment. Karam
Singh vs. Principle Police Training College, 1991 (3) RSK 375.
11.
Reversion form the post of
Head-Constable. With regard to the reversion of the petitioner form the post of
Head-Constable so that the constable, in my opinion, the petitioner can have no
ground for grievance. His promotion was in an officiating capacity and
specifically on the term that he would be reverted to his substantive rank when
Lower School Course qualified constables were available. According to the
return of Shri Wadhwa, the reversion of the petitioner was made in normal
administrative manner on 7.3. 1996 as three duly qualified constable were
expected back form the police Training School. Shri Megah Singh , Constable vs. State of Punjab and others, 19 1 (2)
S.L.R. 823.
12.
Reversion form the post of Head Constable to that of Constable. It
is not in dispute that the petitioner was promoted as Head Constable and he
continued to hold the same for a pretty long time. He must earned increments
during this period. The law is well settled that if any order detriment to the
interest of a Govt.employee is passed, the concerned employee has a right to
know the circumstance/background, which led to the passing of the impugned
order. Admittedly, in the instant case, no opportunity of being heard, was
afforded to the petitioner. No reason in the impugned order for reverting the
petitioner has been recorded. As such, the impugned order of reversion being
against equity and violative of principles of natural justice is liable to be
quashed. Hardev Singh vs. of Haryana and
others, 1991(7) S.L.R 141=1992(2) RSJ
493.
13.
Right for being deputed for the Intermediate School Course. In the first instance, the Deputy Inspector
General of Police of the Range Concerned shall depute the confirmed Head
Constables for the Course according to the seniority list of the Range, and
after the list of confirmed Head Constables is exhausted. Then the Head
Constables on probation, and last of all the of officiating Head Constables.
The Head Constables so qualifying the Intermediate School Course, shall be
entitled to all the consequential benefits of seniority and promotion to higher
rank arising therefrom, in accordance with Rules 13.8 and 13.9 of the aforesaid
Rules. Laxmi Narain and other vs. State
of Haryana and others, 1991(4)S.L.R. 119.
14.
Ten per cent vacancies of Head Constables to be filled up form amongst
those Selection Grade Constables who had not passed the Lower School Course.
The petitioner was illegal ignored for the lower school course before he became
overage as well as thereafter and that his name was not considered for List
C-II because he was on deputation. These
allegation are denied by Respondent. No. 2 in the reply. In para 5 of
the reply it is averred that the petitioner was considered for lower school
course, but he was not selected, in para 6 it is averred that it is incorrect
that the petitioner was not constables are considered for List C-II is a concession and cannot be claimed as of
right. Only those constables are considered for List C-II who have become overage
for passing the lower school course, but come to conspicuous notice for good
work indicating fitness for further promotion as Head Constables and are
recommended by officers under whom they serve, as person suitable for
promotion. Thus it cannot be considered as a concession. It is a right of such
selection grade constables who have not passed the Lower School Course to be
brought on List C-II. However, it is open to the authorities not to bring on
Lit C-II if , in their opinion, a particular selection grade constable is not
found fit. But at least every selection grade constable who has not passed the
lower school course is to be considered for bringing his name on List C-II Raghubir Singh, Constable vs. State of
Haryana and others, 1982 (2) S.L.R. 627.
15.
Training –Petitioner ignored. The petitioner and respondent No. 5 were
deputed for Lower School Course in Batch No.5 in which they attained 24th
and 33rd positions respectively. The petitioner was brought on C.I
List prior ot respondents 6 and 7 and was higher in merit in Batch No. 5 in the
Lower School Course. Official Respondents 5 to 7 to Intermediate Course in
preference to the petitioner. Admittedly, the petitioners in both the writ
petitions are senior to respondent No. 7 Samundar Singh, who has not been
confirmed as Head Constable so far. The interesting aspect of the mater is that
the Director General of Police, Haryana, Chandigarh in Police Teleprinter Message, which is Annexure R-II
to the writ petition, had allotted one set in Intermediate Course during
1990-1991, which was offered to respondent No.7 Samundar Singh. This clearly
indicates that the additional seat was specially created for respondent No.7
for the reasons best known to the respondent-department. Had this seat been
created for sportsmen category, the claim of other eligible sportsmen would
have been considered and it should not have been created by name. Baljit Singh, Offg. A.S.I. Kamal vs. State
of Haryana and others, 1991(2) S.L.R. 453= 1991(3) RSI 70.
(For Punjab)
13.9.
List D. Selection of candidates for promotion course for Head Constables.
Promotion to the rank of Assistant Sub-Inspector.—(1) List ‘D’ shall be
maintained in two parts for Head Constables in Card Index Form No. 13.9 in each
District. Selection for admission to the promotion course for Head Constable at
the Police Training College, will be made from amongst all the confirmed Head
Constables. No Head Constable shall be eligible for admission to the promotion
course for Head Constable at the Police Training College, unless;
(1)
he
has passed Middle Standard Examination.
(2)
He
is below the age of forty years on the day of commencement of the next course.
(2) The name of the Head Constables who
qualify at Police Training College in the Promotion Course for Head Constables
will be entered in Part-I of List ‘D’ as soon as they qualify the same. While
entering the names in this party they will maintain their seniority inter se.
The names of the outstanding Head Constables at Police Training College due to
being over-age but otherwise are of exceptional merit and are considered
suitable may, with the approval of Inspector-General of Police, be entered in
Part II of List ‘D’. No more than 10 per cent of the posts of Assistant
Sub-Inspector both permanent and temporary
will be filled from the names of Part II of List ‘D’. This part will not
at any time contain names more than tow per cent of cadre strength of Assistant
Sub-Inspector in a range, both temporary and permanent.
(3) Annual Confidential Reports of all the
Head Constables in Parts I and II of List ‘D’ shall be furnished to the Deputy
Inspector-General of Police by the 15th day of April, each year in
Form No. 13.9(3).
(4) Promotion tot he rank of Assistant
Sub-Inspector shall be made in accordance with the seniority of the Head
Constables on List ‘D’, which may be ignored by the Superintendent of Police in
exceptional circumstances only for reasons to be recorded in writing with the
approval of the Deputy Inspector-General of Police.
(For Haryana)
13.9.
List D. Promotion to Assistant Sub-Inspector. – (1) A list shall be maintained in each district card
index Form 13.9(1) of those head constables who have passed the lower school
course and the Intermediate school course at the Police Training School and are
approved by the Deputy inspector-General as eligible for officiating or
substantive promotion to the rank or Assistant Sub-Inspector. No head constable
shall be admitted to their list who is not thoroughly efficient in al branches
of the duties of a constable and head constable and of established integrity.
(2) Officiating promotion to the rank of
assistant sub-inspector shall be made from the list prescribed in sub-rule (1),
as far as possible in rotation, so as to give each man a trial in the duties of
the higher rank. Substantive promotion shall be made by the Deputy
Inspector-General in accorance with the principles prescribed in Rule 13.1, and
officiating promotion shall be made in accordance with sub-rule 13.4(2).
(3) Half-Yearly reports in Form 13.9(3) on
all head constables in this list shall be furnished on the 15th
April and the 15th October, to the Deputy Inspector-General
SYNOPSIS
1.
Ad hoc promotion—Reversion thereupon to
substantive rank—Validly of reversion.
2.
Age of 40 years for the Head constables.
3.
Department test for promotion list D.
4.
Deputed as a result of his promotion in
the Teleprinter staff.
5.
Employee to be sent for Intermediate
School Course.
6.
Entitled to be deputed or intermediate
school course on the basis of their seniority.
7.
Every Assistant Sub-Inspector of Police
has a right to be deputed for Upper School Course.
8.
Head Constables may be sent for the
Intermediate School Course otherwise that in accordance with their seniority.
9.
Head Constable promoted as ASI without
passing Intermediate School Course can be revered when qualified Head
Constables become available.
10.
Petitioner eligible for promotion denied
consideration on the ground that he belonged to general cadre of post.
11.
Police Officer deputing Head Constables
in disregard of seniority.
12.
Promotion Intermediate school course.
13.
Right to be sent to Intermediate School
Course.
14.
Selection on list ‘C’ for the promotion
course.
15.
Selection on the basis of efficiency and
honesty.
16.
Training Petitioner recruited as
Constable.
COMMENTS
1.
Ad hoc promotion – Reversion therefrom toe substantive rank—Validly of
reversion. On the transfer of the Commandant who had promoted the petitioner, a
new Commandant came and passed the reversion order without there being any
reason to do so. Learned counsel stressed on different achievements of the
petitioner in the field of sports as mentioned in the petition. There is no
force in the contention of the counsel for the petitioner. Annexure R.1 is the
order vide which the petitioner was promoted on ad hoc basis keeping in view
his achievements in the filed of sports. It further provides as under:---
His
promotion is temporary, fortuitous and he will not claim any seniority over and
above his seniors for this ad hoc promotion. He will be liable to be reverted
without the formality of show cause notice. Since the petitioner was not
promoted in accordance with the rules, i.e., after he had been deputed tot he
Intermediate Scholl Course and in order of seniority, he could not claim any
right to the promoted post. Under Rule 13.9 of the Punjab Police Rules
promotion to the post of Sub-Inspector is made from confirmed Head Constables,
who after doing Lower School Course, are placed in list ‘D’ maintained for the
purpose. The petitioner was not promoted in order of seniority from the list ‘D’
as aforesaid. He was promoted out of trun taking into consideration his
achievements in sports. Reversion from the aforesaid promoted post thus does
not amount to punishment. Jagat Singh,
A.S.I. vs. State of Haryana and others, 1992(5) S.L.R. 504.
2. Age of 40 years for the Head Constables.
Prescription of age of 40 years for the Head Constables on attaining which they
are debarred from being considered for the promotion course for Head Constables
under Rule 13.9 of the amended Rules in unconstitutional and has to be struck
down. Ram Labhaya, Assistant Sub-Inspector of police and others vs. The State
of Punjab, through the Secretary for Home Affairs, Punjab and others, 1972
S.L.R. 775.
3. Departmental test for promotion list D. Relevant
rule governing the petitioner’s promotion and inclusion of his name in List ‘d’
is 13.9. On perusal of this rule, which has been reproduced earlier, it is
apparent that there is nothing in it which empowers the Superintendent of
Police or any other police authority to hold an examination before framing the
list ‘D’ for promotion or deputing Head Constables for undergoing the
Intermediate School Course. It is true that which framing List ‘D’ for the
purpose of promoting Head Constables to the rank of Assistant Sub-Inspector,
the authorities concerned have not to be guided by seniority alone but have
also to otherwise judge fitness of the candidate, but in the instant case non
inclusion of the petitioner’s name in List ‘D’ is justified solely on the
ground that he had failed to secure a position of merit in the examination held
for the purpose. Since it has been found that the examination, or the test
prescribed by the police authorities, had no sanction in the Police Rules or
any other law, the authorities could not disqualify the petitioner from being
brought on the List ‘D’ for his failure to secure a position of merit in that
examination. The result of the examination has to be totally ignored and if it
has been taken into account by the authorities in judging whether the
petitioner is fit to be brought on the list, their decision stands vitiated and
constitutes violation of rule 13.9. The petitioner was entitled to have his
case considered for promotion and the inclusion in List ‘D’ without his having
taken the examination and since his failure to secure a position of merit in
that examination is the primary factor which has been used against him, the
order of the authorities cannot be upheld. Ram Kishan, Head Constables vs. The
Inspector General of Police, Haryana and others, 1968 S.L.R. 661.
4. Deputed as a result of his promotion in the
Teleprinter staff. It is sought to be pleaded that since the petitioner is not
a confirmed Head Constable in the executive branch of the police force and is
only a member of the teleprinter staff, he is not entitled to be deputed for
the course in accordance with the above noted rule. I see no merit in this
submission for the short reason that merely on account of his promotion and
later confirmation as a Head Constable in the teleprinter staff, he does not
ccase to be a member of the police force. He admittedly is governed by the
Punjab Police Rules referred above. Almost a similar argument was raised
on behalf of the respondents in Mela Ram
vs. State of Punjab etc. 1979 Current Law Journal 213 and was negatived by this
Court. Raj Kumar, Head Constable vs. State of Haryana and others, 1983(2)
S.L.R. 55.
5. Employee to be sent for Intermediate School Course.
The respondent authorities are not in a position to produce any material before
me to show that as a matter of fact the two alleged Cadres named as Executive
Clerical Cadre and Executive Cadre in the Police Department were created by any
competent authority. It is also not shown to me that while exercising their
alleged options to continue to work on the clerical side the petitioners had
ever given up their claim or rightr to be promoted to the next ranks under the
Rules. Otherwise also it is difficult to accept the plea raised on behalf of
the respondent. If the petitioners were brought to the clerical side or the
cadre as those authorities choose to call it only as Constables, how and shy
these people cannot aspire for or seek their due promotions in accordance with
the Rules while remaining in the same branch or cadre of the Police Department?
If they were brought to these offices as Clerks, why cannot they continue in
these very offices as Head Constables or A.S.Is. or while enjoving still higher
ranks? In the light of this I see no merit in the stand taken on behalf of the
respondent authorities. Dhanna Singh and other vs. State of Punjab and others,
1986(4) S.L.R. 617.
6. Entitled to be deputed for intermediate school
course on the basis of their seniority. I direct the respondent authorities to
depute the petitioners other than Om Parkash to the next Intermediate School
Course strictly in accordance with their seniority and the law laid down in the
above noted Full Bench Judgment in Sardul Singh’s case. Since Om Parkash had
admittedly been sent for this Course and was recalled during the pendency of
this petition, he is directed to be sent to the Course forthwith. The
petitioners are also held entitled to the costs of this litigation which I
determine at Rs. 300 in each case. Phool Chand, Head Constable and ors. Vs.
State of Punjab and ors., 1984(1) S.L.R.365.
7. Every Assistant Sub Inspector of Police has a right
to be deputed for Upper School Course. It is clear that the instructions
contained in the memo. Of the Inspector General of Police dated August 25,
1964, had not been approved by the State Government and had been issued the
Inspector General of Police on his own authority. These instructions run
counter to the Police Rules and were struck down by me as well as by the
Division Bench which heard the appeals against my orders. In addition to the
reasons given in those judgments, we are also of the opinion that the
instructions issued in the memo. Dated September 16, 1933, and the memo. Dated
August, 25, 1964, cannot be enforced as supplemental to the Police Rules
because they were not issued by the State Government which alone had the right
to make rules under the Police Act, 5 of 1861. According to their lordships of
the Supreme Court, in Sant Ram “Sharma vs. State of Rajasthan, AIR 1967 SC
1910, the supplemental instructions can only be issued by the State Government
which is competent to make the rule provided they are not inconsistent with the
rules already framed. The instructions being void and of no effect, no
selection can be made of the Assistant Sub-Inspectors of Police for being sent
for the Upper School Course at the Police Training College, Phillaur. Whatever
has been said above in regard to the first category of cases equally applies to
these cases if we substitute list ‘E’ for list ‘D’ Sub-Inspectors for Assistant
Sub-Inspectors, Assistant Sub-Inspectors for Head Constables and the Upper
School Course for the Intermediate. School Course. In their cases also, the
selection should be made in accordance with seniority unless any particular
Assistant Sub-Inspector of Police is exempted from passing that course. While
sending the Assistant Sub-Inspectors of Police for training for the Upper
School Course, the confirmed Assistant Sub-Inspectors shall be considered
first, thereafter the Assistant Sub-Inspectors on probation and last of all the
officiating Assistant Sub-Inspectors. Sardul
Singh, Head Constable vs. Inspector-General of Police, Punjab and others, 1970
S.L.R. 505.
8. Head
Constables may be sent for the intermediate School Course otherwise than in
accordance with their seniority. We also hereby direct that those Head
constables who may be sent for the Intermediate School Course otherwise than in
accordance with their seniority, shall be liable to be sent back from the
course on this ground alone, regardless of the stage of the course at the time
when this is detected.
9. Head
Constable promoted as A.S.I. with out passing Intermediate School Course--Can
be reverted when qualified Head Constables become available. It is not possible
to quash the order of reversion to the petitioners because they were holding the posts of
Assistant Sub – Inspectors of Police in an officiating capacity and their
reversion to their substantive rank was not by way of punishment nor cast any
stigma on them. They had no right to the officiating posts and since better
qualified persons became available, according to rule 13-9 of the police Rules,
the order f reversion was legal,. Under rule 13-09, no Head Constable can be
appointed a an officiating Assistant Sub-Inspector of Police unless he has
passed the Intermediate School Course and is admitted to list ‘D’. Sardul Singh, Head Constable vs.
Inspector-General of Police, Punjab and others 1970 S.L.R. 505.
10. Petitioner
eligible for promotion denied consideration on the ground that he belonged to
general cadre of post. It is to be noted that there is Upper School Course
which Assistant Sub-Inspector undergo for their eligibility for promotion to
the post of Sub-Inspector. Rule 7-2 ibid provides that all gazetted and upper
subordinate police officers except Assistant Sub Inspectors are mounted
officers and are required to maintain a standard of efficiency in horsemanship
which enables them to perform journeys on horseback and other duties with the
mounted police. No doubt thee is a provision for granting exemption to some
officers by general or special order. Recruits for the mounted police are
either obtained by direct enlistment or from out of the foot police. Rule 7-8
provides that the reserve for the mounted police is embodied in the general
reserve of head constables and constables sanctioned for fixed duties. Recruits
for the mounted police are borne on the dismounted reserve until they are
absorbed in vacancies in the mounted establishment. It is thus clear that an
official from the general cadre who is equipped with necessary accomplishment
of being a member of the mounted police is as and when the occasion arises
taken in the mounted police. The petitioner in fact remained in the mounted
police for a period of 21 years and he even worked as Riding Instructor in the
Training School. It has not been brought on the record that he went to the
general cadre of his own violation. The mere fact that he passed the
Intermediate examination and was promoted as Assistant Sub-Inspector, a post
which is not available in the mounted police does not mean that for all times
to come he cannot be considered for promotion to a higher post in the mounted
police. In fact it appears that the personnel of the mounted police are drawn
from time to time form the general cadre. Therefore, in case a chance for
promotion to the higher post is available in the mounted police the petitioner
along with other eligible officers ought to be considered for that post. Ajit Singh vs. the State of Punjab and
others, 1988(7) S.L.R. 178.
11. Police
officers deputing Head Constables in disregard of seniority. The complaint is
of junior having been sent to the course in preference to the appellants who
claim to be their seniors. It has, however, come on record that there were at
least 300 other Head Constables senior to the appellants who had not so far
been sent to the course. It was on this account that the learned single Judge
declined to direct the appellants to be sent to the course. While, no exception
can, indeed, be taken to this view of the learned single Judge, this case does,
however, bring out another glaring instance of the settled position in law
being disregarded by the authorities concerned, while deputing Head Constables
for the Intermediate School Course. Ram
Phool, Sub Inspector and others vs. State of Haryana and others, 1992(5) S.L.R.
767
12. Promotion
– Intermediate School Course. The petition has been opposed and a written
statement has been filed by respondent No. 3 on his own behalf and that of
respondents Nos. 1,2 and 4. It has been contended therein that the method of allocation
of seats to different districts has been adopted by him through the impugned
order “to prevent differences in the seniority of Head Constables”. A specific
averment made by the petitioners in para 18 of the petition that in all other
ranges in Haryana, i.e. Hissar and Gurgaon, Head Constables have been deputed
to the Intermediate School Course on the basis of their seniority at the range
level and that no further allocation on the basis of districts has been made in
those ranges has not however, been denied in the written statement.
By allocating seats for different
districts in Ambala Range through the order Annexure P.2 respondent No. 3 had
made an attempt to dilute the effect of the judgment dated 11.4.1986 of this
Court. To say the least respondent No. 3 ought to have submitted to the verdict
of this Court and desisted from circumventing the directions contained therein.
It was conceded before I.S. Tiwana, J., in C.W.P. No. 771/1986 that for the
purpose of deputing Head Constables to the Intermediate school Course, the
Deputy Inspector-General of Police maintained a working seniority of confirmed
Head Constables, and he deputes them for the course on the basis of that
seniority. Rishi Pal, Head Constable and
others vs. State of Haryana, 1987(4) S.L.R. 717
13. Right
to be sent to Intermediate School Course. It is inherent in Rule 13-9 and a
legitimate inference can be drawn from the language of this rule that every
Head Constable on list ‘C’ has the right to be reputed for the intermediate
School Course on his turn and no obstacle can be placed in his way by any of
the authorities because it is a necessary qualification prescribed by that rule
and there is no other institution from where this qualification can be
required. If a Head Constable could qualify himself by passing the Intermediate
School Course from any other institution, no obligation would have been cast on
the Government to afford him an opportunity to pass that course and thus
acquire that qualifications just as educational qualifications are prescribed
which can be acquired by the candidates from any of the numerous institutions.
Since this qualification cannot be acquired in any other way but by admission
to the Police Training College, the Head Constable willing to undergo that course
must be afforded an opportunity to do so. Since the number of seats for the
Intermediate School Course is limited, the Head Constable can be sent in the
order of seniority as stated hereinafter. Head
Constable Sardul Singh vs. Inspector General of Police, Punjab and ors., AIR
1970 Punjab 481 = 1970 Cur. L.J. 755
14. Selection
of list ‘C’ for the promotion course. Selection of Head Constables on list ‘C’
for the promotion course under Rule 13-9 of Punjab Police Rules, 1934 as
amended by Punjab Police (First Amendment) Rules, 1972 does not form part of
the process of promotion of a Head Constable to the rank of Assistant
Sub-Inspector and, therefore, the provision of a test for selection from
amongst confirmed Head Constables for admission to the promotion course for
Head Constables in ultra vires Article 16 of the Constitution of India as it
puts a hurdle in their way to acquire the necessary qualification which alone
will make them eligible for the next promotion No provision can be made for a
test in order to select the Head Constables on list ‘C’ for admission to the
promotion course for Head Constables under Rule 13-9 of the Punjab Police
Rules, 1934 as amended in 1972. Ram
Labhaya, Assistant Sub-Inspector of Police and others vs. The State of Punjab,
through the Secretary for Home Affairs, Punjab and others, 1972 S.L.R 775
15. Selection
on the basis of efficiency and honesty. When a particular qualification is
prescribed by the State Government, and in order to acquire that qualification
the training course is also run by the Government alone, then it becomes a duty
of the Government to afford the opportunity to all eligible Head Constables to
qualify themselves for that course. Head
Constable Sardul Singh vs. Inspector General of Police, Punjab and ors., AIR
1970 Punjab 481 = 1970 Cur. L.J. 755
16. Training
– Petitioner recruited as Constable. Petitioner was recruited as a Constable in
the Police Department on July 9, 1971, and was promoted as Head Constable on
November 1, 1975. He was further promoted as Assistant Sub-Inspector on
December 13, 1983, and was confirmed as such on January 2, 1987. As he was not
being considered for being sent to Upper School Course, he has filed this writ
seeking a direction to the respondents for sending him to the Upper School
Course. The respondents in their reply have taken the stand that the petitioner
is working in the Wireless Section of the Haryana Police, so he is not entitled
to be considered for being sent to the Upper School Course.
Mr. Arun Jain, learned counsel for
the petitioner, has referred to a judgment of this Court reported as Raj Kumar
vs. State of Haryana, 198392) SLR 55, wherein it has been held that a member of
the Teleprinter Staff is also entitled to be considered for being sent to the
Upper School courts. I allow this writ petition and direct the respondents to
depute the petitioner to the Upper School Course in accordance with seniority. Prabhu Dayal, Assistant Sub-Inspector,
Police vs. State of Haryana and others, 1990(4) S.L.R. 40 = 1989(1) RSJ 67
(For Punjab)
13-10. List ‘E’. Selection for promotion course for A.S.Is. promotion to
the rank of Sub-Inspector. – (1) List ‘E’ shall be maintained for promotion to
the rank of Sub-Inspector in two parts in Form No. 13-10 in each range. The
names of Assistant Sub-Inspectors who qualify the promotion course for
Assistant Sub-Inspectors at Police Training College shall be entered in Part-I
of the said list ‘E’. While entering the names in this list they shall maintain
their seniority inter-se. The names of the outstanding Assistant Sub-Inspectors
who have not qualified the course mentioned above, but otherwise are of
exceptional merit and are considered suitable, may, with the approval of the
Inspector General of Police, be entered in Part-II of List ‘E’ provided they
are not below the age of forty-five years.
Provided further that not more than
ten percent of the posts of Sub-Inspectors (inclusive of temporary and
permanent posts) shall not any time contain more than two percent of cadre
strength of the Sub-Inspector in range.
(2) No
Assistant Sub-Inspector shall be eligible for admission to the promotion course
for Assistant Sub-Inspector at the Police Training College, unless --
(i) he has
been confirmed as Assistant Sub-Inspector
(ii) he
is below forty-five years on the date of commencement of the next course; and
(iii) he, in
the case of promoted has completed four years’ service after passing the
promotion course for head Constables and in the case of direct recruit has
completed five years of service after passing Assistant Sub-Inspectors initial
course.
(3) Promotion
to the rank of Sub-Inspector shall be made strictly in accordance with the
seniority on List ‘E’.
Provided that the seniority may be
ignored in exceptional circumstances or reasons to be recorded in writing by
the Deputy Inspector-General and with the approval of the Inspector-General of
Police.
(For Haryana)
13-10. List E. Promotion to Sub-Inspectors. (1) A list of all Assistant
Sub Inspectors, who have been approved by the Deputy Inspector General as fit
for trial in independent charge of a police station, or for specialist posts on
the establishment of sub-inspectors, shall be maintained in card index form by
each Deputy Inspector General. Officiating promotions of short duration shall
ordinarily be made within the district concerned (vide sub-rule 13-4(2) ), but
vacancies of long duration may be filled by the promotion of any eligible man
in the range at the discretion of the Deputy inspector General. Half yearly
reports on all men entered in the list maintained under this rule shall be
furnished in the form No. 13-9(3) by the 15th October, in addition
to the annual report to be submitted by
the 15th April, in accordance with Police Rule, 13-17(1).
(2) No
Assistant Sub-Inspector shall be confirmed in a substantive vacancy in the rank
of Sub-Inspector unless he has been tested for at least a year as an
officiating sub Inspector his home is situated.
SYNOPSIS
1.
Inherent power of Inspector General of
Police to recall a police officer sent for upper school training course.
2.
Natural justice - - Civil consequences
flow.
3.
Power to recall police officer sent for
upper school training course.
4.
Promotion fell due before amendment and
when juniors promoted.
5.
Reversion of officiating Police Officer.
1.
Inherent
power of Inspector General of Police to recall a police officer sent for upper
school
training course. It is the statutory right of a particular officer to take
training in the prescribed course with a view to improve his chances of future
promotion, it must follow that any obstacle put in the exercise of such a right
amounts to an interference with the
service conditions of such an officer. In ordinary course, power to interfere
with service condition of a Government
servant must seek it justification from specific and explicit provision of law.
Such a power cannot be impliedly rad
unless the implication is obvious and necessary. I am not referred to any
provision of Police Act or Rules framed thereunder form which such inherent
power in accrue of the Inspector General of Police cab be read by necessary
implication. Under the circumstances, there is no escape from the conclusion
that the respondent No.2, the Inspector General of Police, has no power to
recall a person who is already sent to take course in training. Shri Sukh Dutt.vs State of Himachal Paradesh
Simla and others, 1977 (2) S.L.R. 433.
2.
Natural
justice—Civil consequences flow, the respondent No.2, has got any “inherent
powers” to recall an officer who is sent for training, the question is whether
such inherent powers could be exercised without complying with the rules of
natural justice. It may be again repeated here that recalling of an officer
form training course involves some civil consequences because such a recall
would prevent him from passing the course in time and, therefore, other of his
colleagues, who are equally situated would be able to pass the course earlier
than him and this would enable them to
get future promotions also earlier. It therefore, concerned would follow if he
is not allowed to pass a particular course at proper time. Shir Sukh Dutt vs. State of Himachal Pradesh, Simla and others, 1977(2)
S.L.R. 433.
3.
Power
to recall police officer sent for upper school training course. The scheme of Rule 13.10 shows that once an
officer is so selected , he acquires a statutory right to take that course
because passing of that course is
apre-requisit for future promotion to the rank of Sub-Inspector. It is
evident that petitioner’s future chances for future promotions cannot be
improved if he is not allowed to pass the course to which he is sent of
training. The fact that the Departmental Promotion Committee has selected him
for the said training, and the further fact that pursuant to the said selection
he is actually sent to the college for the said purpose, fully qualify the
petitioner to take the course and vest in him a statutory right which cab ne
defeated only by a procedure contemplated by law ( which includes Rules).
The
taking of the course in question is specifically provided in rule 13. 10 which
is substitute by Himchal P)radish Amendment Rules 1976, and so , the ratio of
the above decision s applies to this case with greater force, in view of the
fact that the petitioner, after being selected for the course, has been
actually sent to the college for above referred to should e read in light of
the provisions contained in Himachal Predesh Rules 13.10 of the amended Rules
which do not give an unqualified right to an Assistant Sub-Inspector to be sent
for training because the provisions of sub-rule (2) prescribe the rules of
eligiblity for admission to the promotion course in question.
4.
Promotion
fell due before amendment and when juniors promoted. There is no provision in
the said Rule that an Assistant
Sub-Inspector should pass the Upper School Course before he can be considered for promotion as
Sub-Inspector. The rule was amended on March 9,1972, and thereafter it has been
provided that an Assistant Sub-Inspector should pass the promotion Course
before he can considered for promotion as Sub-Inspector. From a reading of the
Rule is further evident that the passing for Upper School Course has been made
compulsory for promotion only after the amendment of the Rule. Kishori Lal A.S.I vs. The Inspector General
Of Police Punjab and others, 1981 (1) S.L.R. 650.
5.
Reversion
of officiating Police Officer. A police
officer whose name has been removed form list ‘E’ cab back to that list if his
subsequent work or conduct of outstanding merit come justifies the same. Just
as he initially comes on that list, similarly, after removal of his name from
that list, he cab again come back to it provided his work or conduct is of
outstanding merit and justifies the same. There is thus no permanent or
prolonged bar to his coming back to the lists, the only condition being
outstanding merit of work or conduct. If, after his name has been removed from
list ‘E’ he improves himself and shows outstanding merit in his work and
conduct, obviously his name may be restored to that list by the order of the
Deputy Inspector General. So removal of such an officers name form list ‘E’
does not debar him from future promotion, nor does it indefinitely postpone his
chances of future promotion, because once the Deputy Inspector-General finds
that his subsequent work or conduct is of outstanding merit , he has the power
to restore him back to list ‘E’ and thus
place him in the line for promotion. If removal from list ‘E’ was a
permanent feature which debarred such an
officer form promotion in future or debarred his chances of future promotion
indefinitely then that would be a penal
consequences that would accompany reversion, if it follows with reversion, but
this, as pointed out, is not so Rule 13.10 and 13.12, specifically provide for
removal of the name of the police officer form list ‘E’ for cause and
restoration of the same to that list in recognition of subsequent work or
conduct of outstanding merit of such an officer. So removal form list ‘E’ is
not a permanent feature. It by itself does not debar future promotion nor does
it defer chances future promotion indefinitely. It is left in such a case to
the officer concerned to merit his being placed back in the list. The poison of
such an officer is no different form an officer who has not yet come on list ‘E’
both are in exactly the same situation. Either will have to show outstanding
merit in his work and conduct to deserve to come on that list and either will
come on that list when he satisfies that test. It is this consideration of
these rules which leads to the conclusion that removal of the name of an
Assistant Sub-Inspector of Police from list ‘E’ which removal is always form
cause as given in the rules, does not per
se debar him from future promotion indefinitely defer his chances of
future promotion. He alone is responsible for marring his chances of future
promotion, if he does not shoe outstanding merit in his work and conduct. State of Haryana vs. Mulkh Raj, A.S.I of Police, 1970 S.L.R. 323.
13.11 Publication of List E in the Police Gazette.
-- List E of each range shall be
published annually in the police Gazette. Additions to the list may be made at
any time by Deputy Inspectors- General but all such additions and the
removal of all names under sub-rule 13.12.(2)
shall be published in the Gazette by special notification. Names shall be
entered in the list in order according to the date of admission, length of
police service deciding the relative position of Assistant Sub-Inspectors admitted on the same date.
13.12.
Method
of filling temporary vacancies in the rank of Sub-Inspector—(1) In the filling
temporary
vacancies in the rank of Sub-Inspector the object shall be to test all men on
list E as full as possible in
independent charges. The order in which names occur in the list should be
disregarded, the opportunities of officiating in the higher rank being
distributed as evenly as possible. An Assistant Sub-Inspector officiating
as a Sub-Inspector should ordinarily
continue so to officiate for the duration of the vacancy, and should not be
reverted merely because another Assistant Sub-Inspector senior to him is not officiating. This
principle may, however, be modified if in any case its observance would result
in of thoroughly competent man being deprived by a man markedly his junior of
an officiating appointment of more than 8 month’s duration.
(3)
The
conduct and efficiency of men on lists D and E shall be at all times watched
with special care. Any officer, who , whether in his substantive rank or while
officiating as an Assistant Sub-Inspector or Sub-Inspector is guilty of grave
misconduct of a nature reflecting upon his character or fitness for responsibility, or who shows wither by
specific acts or by his record as a whole, that he is unfit for promotion to
higher rank shall be reported to the Deputy Inspector-General for removal form
list D or E, as the case may be. In interpreting this rule discrimination shall
be shown between faults which are capable of elimination by 8experience and
further training, and those which indicate definite incompetence and defects of
character. Officers Whose names have been removed form either list D or list
E may be restored by order of the Deputy
Inspector-General in recognition of subsequent work or conduct of outstanding
merit.
SYNOPSIS
1.
Promotion to temporary vacancy of Sub-Inspector of Police.
COMMENTS
1.
Promotion
to temporary vacancy of Sub-Inspector or Inspector of Police. It needs no
argument to see that the plain language of the rule above said provides that
seniority is indeed as insignificant, if not, an irrelevant consideration for
filling of temporary vacancies in the rank of Sub-Inspector. That applies
mutates mutandis to the case of officiating Inspectors as well by virtue of
rule 13.16 (2) The primary and the declared objective for filling these temporary
vacancies is manifestly to afford an
opportunity for testing all eligible men on list ‘E’ as fully as
possible by allowing them to hold independent charges. That the order in which
the names occur in list ‘E’ should be disregarded and the plum of officiating
in the higher rank should be distributed as evently and as equally as possible
to the persons existing on the list. As if to put the matter beyond doubt, the
rule lays down that a junior Assistant
Sub-Inspector should ordinarily continue to officiate for the duration of a
vacancy to which he is appointed irrespective of the fact that persons senior
to him are kept out of such similar officiating posts. To our mind, there is no
manner of doubt that the underlying principle of rule 13.12 (1) and as a
consequence of rule 13.16 (2) is that promotion to the temporary vacancies of
Sub-Inspector are not hide bound by seniority but by the overriding
consideration of affording equal opportunities to all eligible candidates on
lists ‘E’ and ‘F’ for holding an independent charge in the higher rank and to
test there mettle in these posts. That being the position in law, it is
apparent that the reversion of the petitioners to his substantive rank of
Sub-Inspector can not and does not in the least adversely affect his seniority.
The respondent-State is categorical in admitting the seniority of the
petitioner qua respondents Nos. 3, 5 and
6in the substantive rank of Sub-Inspector. Gurcharn
singh vs. State of Punjab 1974 (1) S.L.R. 62.
13.13.
Control
by Deputy Inspectors-General --. Apart form the special requirements of the
foregoing rules regarding the confirmation or revision of orders, Deputy
Inspector –General are required to pay special attention at their inspections
to the working of list A, B, C and D by Superintendents; they have authority to
remove any name which they consider has been improperly admitted, and to give
such orders as may be expedient in respect fo the methods of selection and the
tests applied.
13.14.
Promotion
to and in the selection grades of sub-Inspectors- (1) Promotion to the various
selection grades of Sub-Inspectors shall be made by Superintendents of Police
and the Assistant Superintendent, Government Railway Police as vacancies in the
sanctioned establishment of such appointments occur in accordance with the
principle laid down in rule 13. 1
(2)
No Sub-Inspector shall be considered eligible for promotion to a selection
grade unless he has at least eight years
approved service as an upper subordinate, of which at least five shall have
been in the rank of Sub-Inspector, and unless he is thoroughly efficient and
competent to hold charge of a police station of first class importance. No
Sub-Inspector who has been punished by reduction, stoppage of increment or
forfeiture of approved service for increments, shall be eligible for promotion
of a selection grade. Exemptions to this rule may be made only with the
sanction of the Inspector-General in
recognition of distinguished service and exemplary conduct.
(4)
Sub-Inspector
promoted to the 4th selection grade shall be on probation for one
year
and
may be reverted without formal departmental proceedings during or on the expiry
of the period of their probation if they fail to maintain an exemplary
standard of conduct and efficiency.
13.15.
List
F—Promotion to Inspectors.—(1) Recommendation on behalf of Sergents and
Sub-Inspectors Considered fit for promotion to the rank of Inspector shall be
submitted with their annual confidential reports on the 15th April
each year to Deputy Inspectors- General by Superintendents of Police in Form
13.15 (1). Recommendation son behalf of Sergeants and Sub-Inspectors employed
in the Government Railway police will be sent direct to the Inspector General
of Police by the Assistant Inspector –General Government Railway Police, in the
same form and not later than October each year. The Deputy Inspector-General
shall decide, after seeing the officers recommended, and in consideration of
their records, and his own knowledge of them, whether to endorse the
recommendations of Superintendents of Police and forwarded them to the “Inspector-General.
He will keep a copy of any recommendation so forwarded in the personal file of
the officer; if he decided not to endorse a recommendations , he shall retain
the original in the officer’s personal file and send a copy of his own order on
it to the Superintendent concerned. Deputy Inspector-General shall finally
submit recommendations to the Inspector-General
as soon as they are satisfied as to the fitness of officer recommended,
but in no case later than October each year.
(2)
Such
of the officers recommended as the Inspector-General may consider suitable
shall
be
admitted to promotion list ‘F’ ( form 13.15 (2) ) which will , however, not be
published. Deputy Inspector-General shall
in turn inform the Superintendents concerned, of the names of those who
have been admitted to the list; similar information will be sent to the
Assistant Inspector-General, Government Railway Police.
The Original personal files of
Sub-Inspectors admitted to the list shall be transferred to the
Inspector-General after duplicated have been prepared for retention in the
office of the Deputy Inspector-General or the Assistant Inspector General
Government Railway Police, as required by rule 13.38 (1). Copies of all
subsequent annual confidential reports prepared in form 13.17 in respect both
of Sergeants and sub-Inspectors admitted toe h list will on return by the
Inspector-General in accordance with rule 13.17 (1) be recorded by Deputy
Inspectors- General or the Assistant Inspector-General Railway Police, with the duplicate personal
files of the officer concerned. Copies of all entries ordered to be made in
personal files other than annual confidential reports will be forwarded to the
Inspector-General as soon as made for record with the original personal files;
all such copies shall be attested by the Deputy Inspector-General or the
Assistant Inspector-General, Government Railway Police, Personally.
(3). When submitting recommendations for the
entry of fresh names in List F Deputy Inspectors-General and the Assistant
Inspector-General Government Railway Police, will at the same time submit
specific recommendation s( which need not be
accompanied by detailed confidential reports ) as to the retention or
removal of officers already admitted to the list. On receipt of these
recommendation s, the Inspector General will review the Provincial List, and
pass orders regarding the retention or exclusion of names, at the same time
communicating his decision to the Deputy Inspector-General and the
Assistant-General Government Railway Police.
(4). Sub-Inspectors admitted to List ‘F’ will be
placed in that list in order according to
their
date of permanent promotion to selection grade and, if the date of permanent
promotion to selection grade is the same in the case of two or more
Sub-Inspectors admitted a list ‘F’ on one and the same date, then according to
date of permanent promotion to the time-scale. Sergeants will be shown in list ‘F’
according to the date of entry in the list. When, however to or more
Sergeants are admitted to list ‘F’ on
the same date, their names will be shown in order of seniority among
themselves.
SYNOPSIS
1.
Competitive test is not permissible
under the rules
2.
Promotion.
3. Relaxation
of rules.
4. Rules
prescribed two stages for selection.
COMMENTS
1.
Competitive
test is not permissible under the rules. The question whether a competitive
test could be prescribed for a substantive promotion of a Sub-Inspector by
including his name in List ‘F’ was specifically considered and answered in
negative . This decision has, therefore, to be respectfully considered in
deciding the first contention of the petitioner. It is not possible to control
out the first contention of the petitioner in view of this decision. It may ,
therefore, be held or assumed that in 1965 the petitioner should not have been
subjected to competitive test for a substantive promotion. His cause of action
to make a grievance therefore arose in 1965 itself. He did not avail himself of
the remedy of a writ petition to get that grievance redressed upto 1971. In the
mean while the rights of innocent third parties intervened inasmuch as other
persons have been promoted from the rank of a Sub-Inspector to the rank of an
Inspector after being included in List ‘F’ These persons are not parties to
this writ petition. If the petitioner is to be now considered for promotion of
the basis of his eligibility in 1965 and is to be promoted as in 1965, his
promotion would inevitably effect the seniority of some other persons. In view of
the delay in attacking the validity of the test held in 1965,as also the
injustice that would be involved in redressing that grievance now, the
petitioner cannot be granted the relief of being entitled to be considered for
inclusion in List ‘F’ on the basis of his eligibility in 1965. Mangal Dass vs.
Lt. Governor and ors., 1974(2) S.L.R. 661.
2.
Promotion.
Deputy Inspector General of police, Border Range, Amritsar, has, inter alia,
vide orders dated March 25, 1991 found that ‘the reporting officer had recorded
these adverse remarks due to misunderstanding with biased mind. He has further
found that the adverse remarks were expunged. In view of this changed position,
it would be incumbent upon the respondents to consider the petitioner’s claim
for being brought up on list F with effect from march 8, 1989 when the names of
his juniors were included’ in the said list. Harminder Singh vs. State of
Punjab, 1991(2) RSJ 217.
3.
Relaxation
of rules. The departmental candidate when he was taken into service was found
fit with regard to height and chest both. As regards height it was relaxed in
the case of these two petitioners. They cannot be disqualified on that ground
now when they seek promotion through the avenue of a competitive examination to
the post of sub-inspectors. Once the authorities relaxed the standard of
minimum height and enlisted the petitioners as constables in the Delhi Police
this relaxation will hold good as long as they remain in the Delhi Police. It
would be absurd to hold that the petitioners through the channel of promotion
can go up to the post of a sub-inspector , though having a height of less than
170 cms, but for the channel of competition they are disqualified. Such an
interpretation is not only absurd but also unjust. The initial relaxation was
validly given under R. 12.15 of the Police Rules. This relaxation the
petitioners can carry with them for appointment to the post of Sub-Inspector,
whether as a result of competitive examination or by way of promotion. For
these reasons I held that the petitioner’s disqualification on the ground of
minimum height is invalid. They will be entitled to appear at the personality
test. The parties are left to bear their own costs. Sunder Devi vs. Union of
India and others, 1983(2) S.L.R. 487.
4.
Rules
prescribed tow stages for selection. Rule 13.15 contemplates two stages of
selecting, namely-(1) selection by the D.IG. who then makes recommendations to
the I.G. undre rule 13.15(1) , and (2) the final selection by the I.G. from
those recommended by the D.I.G. under rule 13.15(2). If there are more than one
D.I.Gs. working under an I.G. according to the distribution of the work, some
of the candidates may be working under one and other candidates may be working
under another D.I.G. The procedure adopted in constituting the Selection
Committee consisting of the I.G. and the two D.I.Gs. seems to combined the two
stages described above. In this Selection Committee the D.I.G. under whom the
particular candidate is working would be “seeing” the candidate within the
meaning of rule 13.15(1). There is a presumption that official acts are done
according to the procedure laid down in rule 13.15. Unless, therefore the
petitioner alleges that the other D.I.G. under whom he was not working
interviewed the petitioner, the presumption would be that it is only the D.I.G.
under whom the petitioner was working did above interview of the petitioner.
Certainly, at the time of the interview the other D.I.G has seen and
recommended a candidate, the I.G. there and then decided whether to accept the
said recommendation or not. The procedure of selection committee was thus more
expeditious than the procedure, which would ordinarily have been followed under
rule 13.15. If such quicker administrative procedural efficient is secured, it
is not for the court to strike it down by insisting of the less efficient
procedure. The rest which will govern interference by the Courts whether rule
13.15 was compiled with substantially or not. Since the functions of D.G. and
the I.G. have not been alleged to be performed Otherwise than as they are
required to be done under rule 13.15 it cannot be said that the said rule is
violated merely because these functions are performed immediately one after the
other by these officers meeting together. Mangat Dass vs. lt. Governor and ors., 1974(2)
S.L.R. 661
13.16.
Promotion
to the rank of Inspector.—(1) Substantive vacancies in the rank of Inspector,
save those which are specially designated for the appointment of probationers
shall be filled by promotion of officers from list F selected according to the
principles laid down in rule 13.1. Sergeants are eligible for promotion in the
appointments reserved for European Inspectors.
(2) Temporary vacancies in the rank of Inspector shall
be filled by the officiating promotion of officers on F list by the authorities
empowered by rule 13.4 to make the appointment. Such officiating promotions
shall be made in accordance with the principles laid down in sub-rule 13.12(1)
in the case of E list, and the second part of that rule shall, mutatis mutandis, govern the scrutiny of
the work of list F offers and the removal from that list of the names of those
who are found unfit for the rank inspector.
(3) No officer whose name is not on
F list shall be appointed to officiate as Inspector without the special
sanction of the Inspector-General, When no officer on list is available in the
range for a vacancy which the Deputy Inspector-General is required to fill,
application shall be made to the Inspector-General to appoint a man from
another range.
13.17 Annual Confidential Reports. –
(1) Superintendent shall prepare and submit annually to the Deputy
Inspector-General, after obtaining the District Magistrate’s remarks thereon,
reports in form 13.17 on the working of all Upper Subordinates serving under
them. These reports shall be submitted to reach the Deputy Inspector General on
or before 15th April.
Deputy Inspector-General and
Assistant Inspector-General, Government Railway Police, will add their own
remarks and retain reports on Assistant Sub Inspectors and Sub-Inspector who
are not on list ‘F’ in their own offices. Reports on all Inspectors,
Sub-Inspectors on list ‘F’ and Sergeants will be forwarded by Deputy Inspectors
General and Assistant Inspector General, Government Railway Police, so as to
reach the Inspector General on or before the 15th May. In the cases
of Indian Inspectors of the General Line, Sub-Inspectors on list ‘F’ and all
Sergeants, Deputy Inspectors General and Assistant Inspector General,
Government Railway Police, will attach with each report so submitted a
duplicate copy thereof. Any remarks recorded by the Inspector General on the
original report will be copied in his office on the duplicate prior to the
return of the latter report for record with the duplicate personal file
maintained in accordance with rule 12-38(1).
(2) Reports
shall be of three kinds, A, B and C, and shall be marked as such :-
A
reports. – Reports in which for special reasons it is recommended that
promotion be given irrespective of seniority.
B
reports. – Reports in which is recommended that promotion be given in the
ordinary course of seniority.
C reports. –
Reports in which it is recommended that the officer be passed over for
promotion or that the taking of departmental action on general grounds of
inefficiency or unsatisfactory conduct be considered.
In ‘A’ and ‘C’ reports detailed
reasons must be given for the recommendations made.
The purport of all ‘C’ reports shall
be communicated to the officer concerned at a personal interview or, if this is
not possible, in writing. Written acknowledgements shall be taken and attached
to their personal files. In communicating such reports, the instructions
contained in paragraph 7 of Punjab Government Consolidated Circular No. 1,
shall be followed. Ordinary, the submission of two successive ‘C’ reports
regarding an officer will result automatically in the institution of
departmental proceedings against him on such charge as the contents of the
reports may justify.
(3) Superintendent
shall submit annually to the Deputy Inspector General by the 15th
April, confidential reports in form 13-17 on the working of all Gazetted
Officers serving under them. Deputy Inspector-General will add their own
remarks and forward the reports to reach the Inspector-General, on or before
the 15th May.
The gist of adverse reports shall be
communicated in writing to the officers concerned subject to the conditions
specified in paragraph 7 of Punjab Government Consolidated Circular No. 1 and
their acknowledgement shall be taken and attached to their personal files.
(4) The
names and designation of the officers writing reports shall invariably be typed
or written in block letters below their signatures.
(5) Reporting
officers shall comment generally on the way in which the officer has carried
out his various duties during the year and shall give an estimate of his
personality, character and abilities, including detective powers and ability to
conduct prosecutions. The report shall contain an opinion on any point
specially required at any particular time, e.g., fitness to pass an efficiency
bar. Particular mention shall be made of the officer’s relations with his
fellow officers and general public and his honesty.
SYNOPSIS
1.
Confidential report.
2.
Recording of adverse remarks in the annual
confidential report – Representation against.
3.
Reservation of posts – Seats reserved
for Women Constables in Patiala district – Denial of similar benefit in other
district.
COMMENTS
1. Confidential
reports. It is quite clear that an officer, who has seen the working of his
subordinate at least for a period of three months, could only record remarks in
the annual confidential report. Annexure P.8, which contains adverse remarks
communicated to the petitioner, are for the period July 4, 1987 to February 29,
1988. During this period the petitioner was working with the CBI, which fact is
not disputed in the written statement filed on behalf on the State of Punjab.
It is quite clear that Shri A.P. Panday, who was then working as Senior
Superintendent of Police, has occasion the see the working of the petitioner,
and as per instructions aforesaid he was not required to record any remarks in
the annual confidential report for the said period. The stand taken up in the
written statement by the State, in response to the allegations made in the
petition in para 20, is that the annual confidential report was recorded in
accordance with the Departmental instructions and the Civil Service Rules.
During the course of arguments no other instructions or Civil Service Rules have been pointed out to justify the
recording of adverse remarks in the annual confidential report of the
petitioner of the relevant period, as noticed abvoe by Shri Pandey. Raj Kumar vs. State of Punjab and others,
1992(2) S.L.R. 424 = 1950 – 1988 RSJ(1) 311
2. Recording of adverse remarks in the
annual confidential report – Representation against. No doubt, recording of
annual confidential remarks is an administrative work of the State, and while
disposing of appeal filed against such remarks, detailed reasons need not have
been recorded as the appellate authority was dismissing the representation.
However, when the petitioner had challenged the jurisdiction of the officer to
make adverse remarks and had referred to the rules and instructions in his
representation (Annexure P.9), it was expected of the authority to deal with
such a point, while rejecting the representation. In such circumstances the
order simply rejecting the representation was not called for. The order
Annexure P.10, thus, cannot be sustained in law. Raj Kumar vs. State of Punjab and others, 1992(2) S.L.R. 424
3. Reservation
of posts - - Seats reserved for Women Constables in Patiala district – Denial
of similar benefit in other district. A reference was made to the previous
instructions dated December 27, 1984 on the subject of promotion system for
Women Police. In Para 2, the existing position to fill up vacancies in Women
Police Force was examined in view of the fact that general relaxation was
accorded, to enable the women to compete in the test along with the Women
Constables only instead with their male counterparts. After making reference to
rule 13-21, it was observed, it was considered necessary to accord relaxation
for a period of one year more as members of the Women Police have not been able
to compete with their male counterparts and further to undergo Lower School
Course to merit their selection in B.I. test to occupy their vacancies in
various ranks. Thus, instructions were given to make earnest efforts for
filling up the posts of Women Head Constables (N.G.Os.) and Inspectors at the
earliest. These instructions were so considered and seats were reserved in the
district of Patiala which fact is admitted in the written statement. If similar
treatment is not allowed to Lady Constable in other districts, there would be
straightaway discrimination. The contention of the learned counsel appearing on
behalf of the respondents that from Ferozepore Range, there was no demand for
reservation of seats for Lady Head Constables and thus no such seats were
reserved by the Director General of Police while doing so in the case of
Patiala as demand was raised is no justification in law. Kashmir Kaur vs. Director General of Police, Punjab and another,
1989(5) S.L.R. 79
13-18. Probationary period of promotion. – All Police Officers promoted in
rank shall be on probation for two years, provided that the appointing
authority may, by a special order in each case, permit period of officiating
service to count towards the period of probation. On the conclusion of the
probationary period a report shall be rendered to the authority empowered to
confirm the promotion who shall either confirm the officer or revert him. In no
case shall the period of probation be extended beyond two years and the confirming
authority must arrive at a definite decision with in a reasonable time soon
after the expiry of that period whether the officer should be confirmed or
reverted. While on probation officers may be reverted without departmental
proceedings. Such reversion shall not be considered reduction for the purpose
of rule 16-4.
This rule shall not apply to
constables and Sub-Inspectors promoted to the selection grade, whose case is
governed by rules 13-5 and 13-14.
SYNOPSIS
1.
Bad record of service – Denial to promote
justified.
2.
Petitioner not selected for upper school
course on the basis of executive instructions being overage.
3.
Promotion – Confirmation.
4.
Promotion to officiate on higher post.
5.
Reduction in rank.
6.
Reversion to the post of constable
without affording an opportunity of being heard.
COMMENTS
1. Bad
record of service – Denial to promote justified. The other plea raised by the
petitioner is that there was no justification for continuing him as an
unconfirmed Inspector of Police for a period of fourteen years. The petitioner
has stated that the likely reason for depriving him to the right of promotion
to the post of Dy. S.P. was that a departmental enquiry was pending against him
in which, however, he was fully exonerated by the S.P. Solan vide No. 1955-60
of July 1, 1976. We have carefully considered this aspect of the matter and
feel that the petitioner has not made out any cogent case in his favour on this
basis and has only referred to this matter in a very cursory manner. He has
neither indicated as to when he was charge-sheeted, what were the charges
against him and how this pending departmental enquiry was held to come in his
way while considering his case for confirmation as an Inspector and his
subsequent promotion as Deputy Superintendent of Police. On the order hand, the
Inspector General of Police has categorically stated that the case of the
petitioner for confirmation as Inspector of Police was considered in the year
1973, January, 1974, February 1975, and August, 1975 along with other, but the petitioner
was not found suitable for confirmation due to hid bad service record. In this
words, it was the bad service record and not the departmental inquiry which
came in the way of the petitioner and this act has been confirmed by a perusal
of the relevant record which has been made available to us. In view of this
specific averment by the Inspector General of Police, based on the relevant
record, and in the absence of any evidence to the contrary, we are of the
definite view that the petitioner is not entitled to any relief on this count. Jamna Devi vs. State and others, 1991(3)
S.L.R. 343
2. Petitioner
not selected for upper school course on the basis of executive instructions
being overage. It is the conceded position that the instructions of the Inspector-General
of Police referred to above, were struck down by a Full Bench of this Court in
Sardul Singh vs. Inspector General of Police, Punjab and other, 1970 S.L.R.
505. Thus in the light of this judgment it is patent that neither respondents
Nos. 3 to 5 could be treated to have passed any equivalent course to the Upper
School Course nor respondents No. 6 to 11 could be said to have been duly
selected for being sent to the Upper School Course. That being the position the
stand of the respondent authorities that these respondents were in any manner
eligible to be promoted as Sub-Inspectors from the posts of Head Constables and
were eligible to be confirmed as such, becomes untenable. The selection of
respondents Nos. 6 to 11 and the equivalence of the course passed by
respondents Nos. 3 to 5 being void, the said respondents were as much qualified
or disqualified as the petitioner was. Thus the petitioner has every right to
be considered for promotion or confirmation along with these respondents who
undisputably were junior to him as Head Constables. Ram Singh vs. State of Punjab and others, 1982(1) S.L.R 892
3. Promotion
– Confirmation. From the Notification dated 20.2.1963, vide which the
petitioner was promoted as an Inspector, it would be clear that the petitioner
was promoted in the year 1963 purely on an officiating basis vice Inspector
Ranjit Singh No. 1 N/14 of Mahasu when he went on leave preparatory to
retirement w.e.f. 27.1.1963. As such, we fully accept the contention of the
respondent that the petitioner’s case is actually covered under rule 13-4 of
the Police Rules and not under Rule 13-18. In the order of promotion of the
petitioner in the year 1962, it has nowhere been stated that he was to be put
on two year probation and the petitioner does not seem to have raised this
issue at any time before filing this writ petition in the Himachal Pradesh High
Court. There is, therefore, no justification whatsoever in contending that his
promotion was covered under Rule 13-18 of the Punjab Police Rules or for
suggesting that he was on probation for two years and should be deemed to have
been automatically confirmed with effect from 17.3.1965. Jamna Devi vs. State and other,
1991(3) S.L.R 343
4. Promotion
to officiate on higher post. Name removed from list it was by way of
punishment. (1964) 11LR Punjab 84
5. Reduction
in rank. Reversion with retrospective effect, during period of probation
amounts to punishment only so far as it was retrospective. AIR 1962 H.P. 35
6. Reversion
to the post of constable without affording an opportunity of being heard. The
provisions of Rule 13-18 of the Police Rules may not in terms apply to the case
of the petitioner since he belonged to entirely a different category of police,
namely, the Mounted Police for which there is different training as per the
provisions of Rule 7 of the Police Rules, yet the principles enunciated therein
should apply, As has been held even by the Courts of law, a person having
continued on a post for sufficiently long period even of officiating basis
should no be reverted therefrom unless he has afforded an opportunity of being
heard which admittedly is not the case here, In fact, our own High Court in Hiran Nand vs. State of H.P and others,
(1981 1LR (HP Series) page 225) has held that even if a police officer is
appointed on officiating basis he shall be deemed to have been on probation for
a period of two years in terms of Rule 13.18 and as and when the vacancy occurs
even if there is no such vacancy at the time of his initial appointment and after
he has completed the stipulated period he shall be deemed to have become
permanent thereon. In fact, instances are not lacking wherein the promotions
have been made in the Police Department quite in deviation of the Police Rules
in branches which require technical or special type of skill and expertise. Parkash Lal vs. Superintendent of Police and
others, 1989(7) S.L.R. 571.
13.19. Special promotion to recipients of the President’s Police and Fire
Services Medal and the Police Medal – (1) A constable receiving the award of
the President’s Police and Fire Services Medal shall be promoted in the first
substantive vacancy of head constable which occurs in the district in which he
is serving subsequent to the award of the medal being gazetted.
(2) A constable awarded the Police
Medal shall, if not already in the selection grade, be promoted to that grade
on probation as prescribed in rule 13.5(7).
13.20.
Departmental
Promotion Committee – In order to ensure that selection and promotion are made
in accordance with the rules, Departmental Promotion Committees shall be set
up
at various levels. Such Committees shall arrange to put all eligible persons
through a written test and parade. Thereafter those persons who secure the
qualifying marks will be interviewed by the said Committee. The Committee will
assess the merit of such persons on the basis of their service records as well
as performance in the test. The syllabus for various test, qualifying
percentage of marks, the composition of Departmental Promotion Committees shall
be prescribed by the Inspector-General of Police in the form of a Standing
Order.
13.21. Power of relaxation – Where the Inspector-General of Police is of
the opinion that it is necessary or expedient so to do, he may, by order for
reasons to be recorded in writing relax any of the provisions of this Chapter
with respect of any class or category of persons.
SYNOPSIS
1.
Requirement as to the recording of
reasons.
COMMENTS
1. Requirement
a to the recording of reasons. Power entrusted to the Inspector General of
Police to relax any of the rules cannot be said to be arbitrary as he is first
to form an opinion that it is necessary and expedient so to do and then he has
to record reasons in writing for relaxing any of the provisions of Chapter XIII
with respect to any class or category of persons. The requirement as to the
recording of reasons is a sufficient safeguard against misuse of power under
rule 13-21 of Punjab Police Rules, 1934 which is held to be valid. Ram Labhaya, Assistant Sub-Inspector of Police
and others vs. The State of Punjab, through the Secretary for Home Affairs,
Punjab and others, 1972 S.L.R. 775
FORM No. 13.5(6)
Sheet for maintenance of marking system
_____________________
DISTRICT POLICE
DEPARTMENT
Constable
No. _______________________________
Name ________________________________
Date
of enrolment
_________________________________________________________________
A.
EDUCATION
:-
_________________________________________________________________________________
B.
COURSES
PASSED :-
(1)
_____________________________________
(2)
_____________________________________
(3)
_____________________________________
(4)
_____________________________________
(5)
_____________________________________
(6)
_____________________________________
C.
PROFESSIONAL
ABILITY :-
(1)
_____________________________________
(2)
_____________________________________
(3)
_____________________________________
(4)
_____________________________________
D.
CHARACTER
:-
Total
____________________________________
Initials
of gazetted officers and date ___________________________
Onerous
and responsible duties to which posted
(vide
sub-rule 13.5(4))
(1)
__________________________________________
(2)
__________________________________________
(3)
__________________________________________
(4)
__________________________________________
(5)
__________________________________________
(6)
__________________________________________
NOTE
– Marks allotted under heads C and D according to the principles described in
sub-rule 13.5(3) shall be added to or reduced as occasion arises, each change
being initiated and dated by a gazetted officer.
FORM No. 13.6
______________________
DISTRICT POLICE
DEPARTMENT
PROMOTION LIST A.
LIST OF CONSTABLES ELIGIBLE FOR PROMOTION TO THE
SELECTION GRADE
|
1
|
2
|
3
|
4
|
5
|
6
|
|
Serial No.
|
Name
|
Constabulary No.
|
Date of enrolment
|
Date of entry
|
Order book reference and signature of Superintendent
of Police ordering entry of removal of name
|
|
|
|
|
|
|
|
In
order of the titles to be visible, they must be typed within ¼ above perforation – as close to the
perforation as possible.
FORM 13.7
PROMOTION LIST B.
PART
I (YELLOW) – LIST OF SELECTION
GRADE CONSTALBES FIT
TO UNDERGO THE
LOWRE SCHOOL COURSE
AT THE POLICE TRAINING SCHOOL.
PART
II (BLUE) – LIST OF CONSTABLES FIT
TO UNDERGO SPECIAL
COURSE AT THE
POLICE TRAINING SCHOOL
Date
of enrolment _______________________________________________________
Order
Book reference ordering entry ________________________________________
REMARKS
Name
………………………………. No ……………………………..
In order for the titles to be
visible, they must be typed within ¼ above perforation – as close to the
perforation as possible.
FORM No. 13.8(1).
List C. Marks according to Rule 13.5 :-
Superintendent
Notes
by ……………………. of Police.
Deputy Inspector-General
Name
________________________ No. ______________________________________
FORM No. 13.9(1)
List D. Promotion to Assistant Sub-Inspectors.
Date
of enrolment Date of passing Lower School.
Date
of passing “D” class. Date of promotion to Head Constable.
Notes by Superintendent of Police and Deputy Inspector
General of Police.
Name
_____________________________________ No.
_______________________________________________________ Date of
Entry
________________________________________________________________
FORM No. 13.9(3)
Head Constables on List
‘D’
Half-yearly
Reports on the working of …………………………………………………… for the half year ending on
………………….
Assistant
Sub-Inspectors on List ‘E’
(Note :- Delete whichever is not
applicable)
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
8(a)
|
8(b)
|
8(c)
|
8(d)
|
9
|
10
|
11
|
12
|
|
Name
and Rank
|
Range
of Constabulary No.
|
Distt.
Where employed
|
Distt.
In which Home is situated
|
Date
of enrolment
|
Date
of last substantive promotion
|
Present
age
|
Date
of passing
|
Lower
School Examination
|
Intermediate
School Examination
|
Upper
School Examination
|
Date
of Exemption from passing Upper School
|
Duties
on which employed since last report with dates
|
Is
this officer in your opinion honest
|
Report
by Superintendent (Give name and date)
|
Remarks
by the Dy. Inspector General of Police
|
FORM No. 13.14(1).
POLICE
DEPARTMENT _________________________DISTRICT
RECOMMENDATION ROLL OF SUB-INSPECTORS OF POLICE
ON TIME-SCALE RECOMMENDED FOR PROMOTION TO
SELECTION GRADE
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
Serial
No.
|
Name
|
Range
No.
|
Date
of appointment as Sub-Inspector
|
Total
service as Sub-Inspector (including officiating and probationary service)
|
Present
pay under time-scale
|
Remarks
by Superintendents giving full reasons in support of the recommendation
|
Order
of Deputy Inspector-General
|
|
|
|
|
|
|
|
|
|
FORM No. 13.15(1)
CONFIDENTIAL RECOMMENDATION ROLL OF SERGEANT OR
SUB-INSPECTOR _______________ GRADE
No. _____________ SERVING IN THE
_______________DISTRICT CONSIDERED FIT FOR
PROMOTION TO INSPECTOR
------------------------------------------------------------------------------------------------------------------------------------------------------------------
1.
Does
he possess a good knowledge of English, and, if not, is he well educated in the
Vernacular?
Does
he know either Persian or Pashtu?
2.
Is
he physically fit and of active habits? Can he ride well?
3.
Is
he well set up and generally a “smart” officer? Is he good at drill?
4.
Has
he a good knowledge of the Police Rules, especially Chapters XXI to XXVIII and
of Law and Police Procedure generally?
5.
Is
he capable of inspecting a Police Station thoroughly?
6.
Is
he a man of good and strong character who can enforce discipline?
7.
Is
he to your knowledge addicted to any bad habits such as drugs, gambling, women,
etc.?
8.
Does
he possess the confidence and respect of his subordinates ad the public?
9.
Does
he posses good common sense and tact?
10.
Is
he intelligent and capable of conducting or supervising and investigation
efficiency?
11.
Does
he possess a reputation for honesty and fair dealing?
12.
Is
he a keen office generally who takes an interest in his work?
13.
Does
he possess your confidence generally?
14.
Has
he any experience as an Officer in charge of a police station or as an
Inspector?
15.
What
do you consider him fit for – District, City, Cantonment, Reserve or
Prosecuting Inspector?
____________________________________________________________________________________________________________
GENERAL REMARKS
Superintendent of Police
REMARKS AND OPINION OF DEPUTY INSPECTOR-GENERAL
Deputy Inspector-General
(Confidential)
FORM No. 13.15(2)
PROMOTION LIST F.
LIST SHOWING THE NAMES OF SERGEANTS AND
SUB-INSPECTORS,
WHO ARE CONSIDERED FIT FOR PROMOTION TO THE RANK OF
INSPECTOR
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
Serial No.
|
Name
|
Grade
|
Range No.
|
Date of entry into service
|
District in which serving
|
District of which resident
|
Notes by Inspector-General
|
|
|
|
|
|
|
|
|
|
FORM No. 13.17
POLICE
DEPARTMENT _________________________ DISTRICT
Report
on the work and character of: -
Name
_______________________________________________
Rank
_______________________________________________
For
the period from ____________________________________
How
employed during the year under report.
Class
of report ‘A’, ‘B’, or ‘C’
Remarks:
-
(1)
Honesty.
(2)
Moral
Character.
(3)
Moral
courage and readiness to expose the malpractices of subordinates.
(4)
Reputation
for fair dealing with the public and accessibility to the public.
(5)
Communal
impartiality.
(6)
Loyality
to the Government in power without regard to political and party feelings.
(7)
Attitude
towards subordinates and relations with fellow officers.
(8)
General
power of control and organising ability.
(9)
Personality
and initiative.
(10)
Power
of Command.
(11)
Interest
in modern methods of investigation and in modern police methods generally.
(12)
Preventive
and detective ability.
(13)
Working
experience of Criminal Law and Procedure.
(14)
Reliability.
(15)
Efficiency
on parade.
CHAPTER XIV—DISCIPLINE AND CONDUCT.
NOTE:--In this chapter certain rules of conduct are
reproduced from the Government Servants, Conduct Rules and Punjab Government,
Consolidated Circulars for facility of reference, police officer, like other
Government servant, are bound by, and are required to be acquainted with, those
rules, whether reproduced in police Rules or not.
14.1.
Command
and precedence—(1) Command and Precedence amongst police officers shall be:---
(a)
by
senior of rank
(b)
by
senior of grade.
(2)
Officers
holding officiating appointments take the rank and seniority of such
appointment for the time that they hold it
only;
on reversion they take seniority in accordance with their position in the
substantive rank, officer in a selection
grade take seniority above all officers in a time-scale of the same rank among
themselves in the order of the seniority in such grade. The seniority of
officers appointed or promoted on probation to any rank is faunally determined
by the date of confirmation in that rank; during the period of probation such
officers will take seniority in the order in which they are gazetted, and, in
the case of several being gazetted on same date, promoted officers will be
placed first in order according to their length of service, and officers
appointed direct will follow according to age.
For purpose of discipline an officer on higher rate of
pay shall rank senior of an officer on a lower rate in the same time-scale; provided that no
officer on probation in his rank shall take seniority above an officer who is
confirmed in that rank, even though, on account of length of officiating service
he may be drawing higher rate of pay.
14.2.
Salutes.—Saluting
by police officers shall be in accordance with the instructions contained in
Chapter IV, Police Drill Manual, Panjab, 1929, and the follow special
instructions:---
(a)
All
police officers above the rank of head constable are entitled to be saluted by
other police officers junior to them in rank.
(b)
Police
officers of all ranks, when in uniform, shall salute His Excellency the
Viceroy; His Excellency the Commander- in- Chief, His Excellency the Governor of
the Punjab, and Ministers of the Punjab Government, on all occasions save as
excepted in sub-rules (c) and (d) below. The Presidents and Deputy
President of Legislative bodies shall
receive the same compliments when such Legislation bodies are in session and
upon official occasions. Gazetted police officers in uniform shall salute high
civil officials and officers of the Navy, Army and Air Force who are
superior to them in rank when addressing
or addressed by them. Non-gazetted police officers in uniform shall saluting as
order above and shall also salute all
officers in uniform of the Navy, Army or Air Force superior to them in rank,
and all civil official of and above the rank of Extra Assistant Commissioner, or
equivalent rank, when addressing or addressed by them.. Head Constables and
Constables shall salute as above and shall also salute all civil official of
gazetted rank when addressing or addressed by them. Every police officer
entering a Court of law in uniform, while such Court is in session , shall
salute the Court irrespective of the rank or status of the judicial charge of
ilaqa shall be entitled to be saluted within t6the boundaries of their ilaqa,
as well as in their Courts, by non-gazetted police officers addressing or
addressed by them.
(c)
Police
of all ranks when on parade, or posted in line public occasions, shall stand to
attention only, and all not salute when person entitled to a salute pass them;
provided that a police officer on duty shall salute when addressing or
addressed individually by a person entitled to a salute form him .
(d)
Notwithstanding
anything contained in the forgoing instructions, police officers of whatever
rank employed on traffic and other duties requiring their concentrate attention
shall give no salutes unless actually addressed, or called upon to address in
the course of such duty, a persons entitled to a salute.
14.2.
(A) Salutes—A member of the Royal
Family, His Excellency the Viceroy, His Excellency the Governor, the
Commissioner of a Division, the Deputy Commissioner and no other person, may
be invited to take the salute at
ceremonial police parades ( for example at parades held on the anniversary of
His Majesty the King Emperor’s Birthday or on Proclamation Day).
14.3.
Official
calls and attendance on high officials—Police officers of gazetted rank shall
observe the orders contained in paragraph 16, Punjab Government Consolidated
Circular No.1, regarding attendance on high officials and official calls;
provided that no police officers shall abandon urgent poli8ce duty for the sake
of mere ceremonial attendance. Upper subordinates shall, unless prevented by
urgent duty or physical incapacity, meet the District Magistrate or high civil
official on his entering the jurisdictions,
but shall not remain in attendance to the detriment of their duties,
unless specially ordered to do so. All upper subordinates shall take early
occasion to pay their respects officially to a District Magistrate on his first
appointment to a district. Inspectors and Sub-Inspectors in charge of police
stations should be ready to avail themselves of every opportunity to interview
the District Magistrate and furnish him with information regarding the state of
their jurisdictions. The heavy claims upon the time of both District Magistrate
and police officers make it impossible to prescribe general rules as to the
occasions for such interview, but each Supernatant of Police should arrange, in
consultation with the District Magistrate so that such time as the latter is
able to give may be taken advantage of by police officers visiting
headquarters.
14.4.
Conduct
in public—(1)Every police officer keep his temper thoroughly under control
shall act with courtesy on all occasions and shall not allow his composure to
be disturbed by the behaviour of others towards him.
(2)
A police officer defending himself, or lawfully enforcing his authority, shall
act with calmnes and shall use a s little violence as possible.
(3)
Police
officers usually act individually in the execution of their duty. They should
remember, therefore, that on the behaviour of each individual depends the
reputation of the force and the degree to which the law-abiding section of the
public will be willing to co-operate against law-breakers.
14.5.
Channel
of communication—the usually channel of communication between enrolled and
gazetted officers is through their immediate and intermediate superiors.
14.6.
Request
and representations by lower subordinates.—(1). A lower subordinate at
headquarters who wishes to make a
request representation to the Superintendent shall obtain
leave form his immediate superior officer to attend orderly room and shall
there make such request or representation verbally.
Police officers at headquarters are
forbidden to make written petitions.
(2)
Urgent
requests may be preferred at any time, but a lower subordinate preferring such
request shall be brought before the Superintendent by his immediate superior
officers or by the reserve Inspector or Lines officers and such officers shall
be responsible that the matter is really an urgent one
(3)
Lower
subordinates at police stations and posts may submit written petition to the
Superintendent through the usual channel.
(4)
Upper
subordinates and Head Constables shall place no improper obstacles in the way
of a Constable who wishes to prefer a reasonable request under these rules.
14.7
Comments
on remarks of superior officer—A police officer
shall not recommends on the remarks made by s superior officer.
If a
police officers considers that an erroneous view has been taken of his conduct
or of any matter affecting his administration
he may refer the question in a temperate manner through the proper
channel.
14.8
Unsubstantiated
of complaint.—A subordinate officer making complaints against his superior
officer which he cannot substantiate or prove shall be severely dealt with.
14.9
Submission
of memorials— The regulations regarding the submissions of memorials of His
Majesty the King-Emperor of India, or to the Right Honorable the Secretary of
State for India, or to the government of India are contained in Government of
India, Home Department Notification No. F/6/ 733-I dated the 19th
June, 1933, copies of which were supplied to all police officers with the
Inspector-General endorsement No. 3987/17 3124-A dated the 16th
August, 1933.
14.10
Orderly
room –(1) In every district orderly room shall be held once a week or oftener
if necessary by the Superintendent, if possible, otherwise by a gazetted
officer appointed by him.
(2)
Gazetted
offices presiding in orderly room are required to hear and pass orders on
requests put forward by subordinates in accordance with discipline and through
the prescribe channel, similarly, defaulters at headquarters shall be produced
in the first instance before the officer holding orderly room who shall dispose
of such cases forth with as far as possible, making such record of his
proceedings as may be required by rule in the circumstances of each case. When
the complaint with, the officer holding order room shall pass orders for the
conduct of such proceedings. Every effort shall be made to dispose of disciplinary
matters direct and in the presence of
the men and to reduce to a minimum the volume of such matters dealt with by
means of written reports through the office. A register will be maintained in
Form 14.10 (2) for all personnel in order room.
14.11.
Resignation
of appointment.(1) Resignations of
police officers may only be given notice to that effect in writing and ordinarily shall not be permitted to withdraw
himself from, duty until two months have elapsed from the date on which his
resignation was tendered.
Provided
that the Superintendent may, a this discretion, allow a Head-Constable or
Constable to credit to government two months pay in lieu of notice.
(3)
Ordinarily
a Head Constable or Constable who has agreed to serve for three years shall not
be permitted to resign within that
period.
(4)
Probationary
Inspectors, Sergeants, Sub-Inspectors and Assistant Sub Inspectors of Police,
whose appointments involve training at the Police Training School, Phillaur,
shall not be permitted to resign within three years of the date of their
appointment.
14.11-A.
Procedure for action against an absconding police officer— If an enrolled
police officer with draw form the duties of his office without permission or
without having given two months’ previous notice prescribe in rule 14.11(2)
or, being absent on leave, fails,
without reasonable cause to report himself for duty on the expiration of such
leave, he shall be prosecuted, under
Section 29 of the Police Act, 1861, and a warrant for his arrest shall be
applied for. If the officer absconds or conceals himself so that the warrant
cannot be executed, an application shall be made to the Court for the
publication of a written proclamation under Section 87 of the Code of Criminal
Procedure. If the Proclamation is made and the police officer so proclaimed
fails to appear within the statutory period of thirty days, he may be dismissed
or otherwise dealt with at the discretion of the police officer empowered to appoint him, under rule 16.2(2).
14.12.
Discharge
of police officers.—(1) A police officer due for discharge shall be called in
to headquarters at least a week before
the
date on which he will be discharged. He shall surrender his certificate of
appointment of equipment, uniform and all other Government property in his
possession. He shall also render a true property and monies surrendered by him
shall be surveyed and his accounts finally settled up before he leaves the
force. The orders regarding final disbursements in such cases are contained in
ruld 10.72.
(2)
Every enrolled police officer on quitting the service shall be given a
discharge certificate in Form 14.12 (2)
There certificate shall invariably be signed, after careful verification by
gazetted officer, and column 8 thereof shall be filled in and signed by the
Superintend personally.
The following terms are authorised
for describing “Character” in column 8 of the form viz, Exemplary very good,
Fair Indifferent Bad. An Exemplary character shall be recorded only in the case
of police officers retiring with not less than six years approved service free
form any major punishment, in the case officers of long service the existence
of more than one major punishment for each ten years of completed service shall
be a bar to the award of an “exemplary” character.
14.13.
Discharge
and transfer—normal dates of – Discharge on resignation and other discharges
and reductions shall, unless there are reasons to the contrary, take effect
form the afternoon of the last day of the month, in order of simplify accounts
and records. Except for emergent reasons transfer and relieves shall not be
carried out between the dates of preparation of acceptance rolls and
disbursement of lairs.
14.14.
Transfer
of gazetted officers. –Whenever a gazetted officer relinquishes or assumes
charge of a police appointment he shall, as soon as possible, report the time
and date to the Inspector-General sending copies to the Deputy
Inspector-General and to the Accountant-General, Punjab in the prescribed form.
14.15.
Postings
and transfers—liability to and authority for—(1) All enrolled police offices are, under
Section 22 of the Police Act, liable for service in any part of the general
police district.
(2).
The authorities empowered to post and transfer police officers are shown in the
following table:---
|
Authority for transfer
|
Rank of officer
|
Restrictions
|
|
1. Governor
2.
Inspector-General
3.
Deputy
Inspector-General
4.
Assistant
Inspector-General, Government Railway Police
5.
Superintendent
6.
Additional
Superintendents of Police
|
Superintendents
(1)
Assistant,
and Deputy Superintendents
(2)
Inspector
and all officers of lower rank
(1)
Inspector
(2)
Sergeants
(3)
Sub-
Inspectors and all lower ranks
(1)
Inspector
(2)
Sergeants
(3)
Sub-
Inspectors and all lower ranks
(1)
Sub-
Inspector
(2)
Assistant
Sub Inspectors and all lower ranks.
Transfer
of such lower subordinates as the Superintendent of Police may, with the
approval of the Deputy Inspector-General depute to him.
|
Except
European inspectors, prosecuting inspectors and inspectors in charge of
Lahore, Amritsar and Rawalpindi cities and Anarkali.
(1)
In the case of officers in charge of police stations with the approval of the
District Magistrate
|
3.
After
holding charge of a police station for three years a Sub-Inspector shall
ordinarily be transferred, either to another police station or to another post
in the district. When the District
Magistrate and the Superintendent of Police are in agreement that it is clearly
in the interest of the public service that a particular Sub-Inspector should
continue to hold charge of one police station for a longer period, a
recommendation may be made accordingly to the Deputy Inspector-General, who is
empowered freely to grant extenstions up to a maximum of five years. The normal period of posting to a police
station in the case of assistant sub-inspectors is also three years but this
period may be extended to a maximum of five by the Superintendent of Police on
similar grounds as in the case of Sub-Inspectors.
4.
Whenever
an Inspector, Sergeant, Sub-Inspector or Assistant Sub-Inspector relinquishes
or assumes charge of an appointment the Superintendent of the district
concerned shall, as soon as possible, submit a report to the Inspector-General
or Deputy Inspector-General as the case may be, in Form 14.15(4). This order does not apply to changes within
the district.
5.
No
police officer against whom criminal proceedings have been instituted shall be
transferred to another district until the final order is passed in respect of
such proceedings.
6.
Deputy
Inspectors-General may, by mutual agreement, arrange the exchange of Sub-Inspectors
of the same ranks.
SYNOPSIS
1.
Transfer
of Police Officer during pendency of Criminal Proceedings.
COMMENTS
1.
Transfer
of Police Officer during pendency of Criminal Proceedings. Not disputed that at the instance of
Smt. Vidya Wanti, who is living in the
house adjoining that belonging to the petitioner, some criminal proceedings
have been instituted against the petitioner, which were under investigation at
the time of order of transfer and which are still pending. The respondents’ answer to the challenge made
by the petitioner is three-fold. It has
firstly been submitted that the offence for which the petitioner has been
hauled up in a criminal case is alleged to have been committed by him in his
private capacity and the same not having been committed by him in the discharge
of his official duties, the provision of the above-mentioned rule is not
applicable in his case. The rule in
question appears to have been couched in general language and I am unable to interpret
in the restricted sense in which the respondents want me to do. It has secondly been contended that the
transfer of the petitioner to Hissar was not on account of the criminal case,
but on account of persistent complaints against him, to some of which reference
has been made in the supplementary affidavit of the Deputy Inspector-General of
Police, Ambala Range. Once again the
prohibition in the above quoted rule is not to trnasfer on account of some
criminal case instituted against a police officer, but to the transfer itself
during the pendency of any criminal proceeding, which might have been
instituted against a police officer,
until a final order is passed in respect of those proceedings. It is admitted that no final order in respect
of the criminal proceedings has so far been passed. I am, therefore, unable to give any of the
second objection of the respondents. The
third and the last objection to the petitioner’s complaint is that he was
serving in his home district which was not normally allowed. Though no replication, in reply to the
written statement in which this objection has been taken, has been filed by the
petitioner, it has firstly been contended to Mr. Jagjit Singh Chawla, the
learned counsel for the petitioner, that
if the original relevant records are called for it would become clear that the
home district of the petitioner is Karnal (the particular town being Panjpat)
and not Ambala. Be that as it may, the
learned State Counsel has not been able to show me the particulars rule which
contains an absolute prohibition to a police official being posted in his home
district. I particularly wanted to have
a look at the rule to satisfy myself whether the bar, if any is to the posting
of a police official in his home district or only in his home town. Moreover the greatest difficulty which I feel
in this case is that even if some police official has been posted, contrary to
such a rule, in his home district, such a
thing would not have been any justification for avoiding the effect of
the mandatory of rule 14.15(5) as no exception has been engrafted on that rule
to the effect that it would not apply to a case where some police official has
been posted against him in contravention of any particular rule. That being the case, I can filed no way out
to avoid granting this writ petitioner, though I have no sympathy with the
petitioner on the facts of the
case. Moreover there is nothing in the
above said rule prohibiting the petitioner being posted to any remote corner
within the district of Ambala, and it for the authorities concerned to pass
appropriate orders in accordance with law.
All that I hold is that the order transferring the petitioner out of
Ambala Distric during the pendency of criminal proceedings instituted against
him in violation of rule 14.15(5) of the Punjab Police Rules cannot be
sustained. Madan Mohan Lal, Head
Constable vs. The State of Haryana,
through I.G. Police, Haryana, Chandigarh and others, 1968 S.L.R. 501.
14.16
Postings,
transfer, rotation of, within districts.—(1)
A register of postings of all enrolled police officers shall be
maintained in English in each district in Form 14.16(1).
2.
Standing
orders shall be issued in each district regarding the rotation of duty to be
observed in the case of lower subordinates.
3.
Ordinarily
the following of duty will be observed:-
a)
General
duty in Lines and standing guards.
b)
Duty
in municipal towns and cantonments.
c)
Duty
at police stations and posts station shall be three years. The normal period of posting at a police
station shall be three years.
14.16.
Medical
Certificate.—(1) The rules relating to
the grant of medical certificates by medical officers to Government servants
are contained in Appendix XXVIII of the Punjab Medical Manual.
2.
Police
officers on leave who, while at a station other than that from which they
proceeded on leave, are desireous of obtaining an extension of leave on medical
certificate should apply to the Civil Surgeon of the district in which they
happen to be. In every such case it
shall be the duty of the medical officer, before he grants a certificate to
ascertain direct from the head of the applicant’s department or office
particulars regarding the applicant’s previous medical history, as well as
whether he is really on leave, and the district to which he belongs, and the
fact that has beer done shall be mentioned in the medical certificate. Pending this enquiry the applicant will be
placed on the sick list. (Rule VII of
Appendix XXVIII to the Punjab Medical Manual).
3.
Medical
officer are prohbibited from granting certificates recommending transfers of
police officers from one station to another on the ground of ill-health, or
unsuitability of climate. Should the
immediate superior officer of any applicant for a remintal to the applicant’s
health, or beneficial as compared with another locality, the information may be
furnished, but separetely from the certificate.
(Rule XIV of Appendix XXVIII of the Punjab Medical Manual).
4.
Whenever
particulars of a police officer’s illness are required in the interest of
Government by his offiicial superiors, the Government medical officer who has
dealt with his case in his official capacity may be required to supply them
without infringing the relations which ordinarily exist between a patient and
his medical advisor. This procedure,
however, should rarely be necessary, and ordinarily the medical statement of
his case should be demanded from the
police officer himself, who can obtain it from his medical attendent in the way
in which the somewhat analogous statements, required to support an application
for leave on medical certificate, are
obtained. (Rule XVI of appendix XXVIII
of the Punjab Medical Manual).
5.
Medical
officers are required to confine themselves to recommending leave to such
policemen as are not likely to benefit by a further stay in hospital and should
not certify that a policemen is incapacitated for further service unless they
are officially requested to report upon his capacity for further service. (Article 450, Civil Service Regulations).
‘14.18 Duty Slips.--
A vernacular duty slip in Form 14.18 shall be maintained by every
enrolled police officer who shall be personally responsible that all transfers
involving a change of duty, all leave (including casual leave) and all duties
involving an absence of 24 hours or more from lines are duly entered in such
slip and initialled by the Lines officer, the officer in charge of the police
station or clerk head constable.
14.19
Orderlies.-- (1)
The Inspector-General shall be entitled to two orderlies, one of whom
may be Head-Constable. A Deputy
Inspector-General shall be entitled to two Constable orderlies.
A
Superintendent, an Assistant Superintendent, a Deputy Superintendent and an
Inspector are entitled to one Constable orderly each.
2.
Except
with the permission of the Inspector-General, lower subordinates shall not be
employed as personal orderlies for more than three years at a time, and shall
revert to other duties for three years at a time and shall revert to other
duties for three years before being again so employed.
3.
The
transfer of orderlies from district to district is prohibited without the
sanction of the Inspector-General of Police.
Officers
deputed for this purpose shall not be below the rank of Assistant
Sub-Inspector.
14.20
Subordiantes
not a follow their superiors from district to district.-- No police officer shall be transferred with
his superior from one district to another.
Deputy Inspector-General are required to pay attention to the due
observance of the spirit as well as the letter of this orders, and to check any
tendency for favourite subordinates to resign and re-enrol themselves in the
district to which a particular superior officer has been transferred.
14.21
Powers
to enter jails.—(1) Gazetted police
officers may enter jails at any time for any purpose connected with the
discharge of their duty.
2.
Subordiante
police officers may enter jails only for the purpose of conducting operations
for the identification of prisoners.
When
entering jails such officers shall be in proper uniform.
3.
No
police officer is allowed to interrogate a prisoner without an order in writing
from the District Magistrate addressed to the Superintendent of the Jail.
14.22
Privately-owned
fire-arms (1) Police officers below the rank of
Sub-Inspector should not ordinarily by recommended for licences to posses
private fire-arms:-
Provided
that officers below such rank, who may be of superior social status in their
private capacity or who may possess considerable landed property, may be so
recommended.
2.
The
use of privately-owned arms on duty by non-gazetted police officers is
forbidden. (See also rule 6.34).
14.23
Control
over property held or acquired by police officers.—(1) Subject to the conditions which follow, any
police officer may posses or acquired land and other property. This includes a mortgage of a permanent
nature (Punjab Government Endorsement No. 4111/1276-S.G.36/24033, dated the 5th
August, 1936):-
a)
Every
police officer of rank above that of constable shall report to the
Superintendent full particulars in universal form 76-A regarding any immovable
property in India held by him or by his wife, or wives, sons, father, brothers
or nephews, at the time of first appointment to such rank, or which he, or the
said members of his family, may subsequently acquire. Any interest held by the police officer in a
joint Hindu Family should also be shown by him in the declaration. Particulars in regard to family holdings need
not be recorded in the declaration form but should be indicated separately.
In
January of each year every police officer of rank above that of Constable shall
write up a fresh declaration from giving particulars of any additions or
alterations in the immovable property held by him or by the members of his
family referred to above, during the previous year; or, if there have been no
such additions or alterations, he shall record a certificate to that effect.
Gazetted
officers shall on first appointment and in subsequent years, send their
declaration forms through Superintendents of Police to the Deputy
Inspector-General who shall attach them with the annual Confidential Report on
each officer and forward both documents to the Inspector-General so as to reach
him by the 15th February. The
Inspector-General will forward the declaration forms to Government for
information and, on their return, will attach them to the personal files of
officers concerned.
NOTE: The previous sanction of the
Inspector-General of Police should be obtained, through the usual channel in
all cases of the acquisition or disposal, wholly or partially, of immovable
property by Police Officers, whether for residential or other purpose.
b)
When
a police officer is allowed to purchase or to take a mortgage on land situated
in the district in which he is serving he shall be transferred to another
district.
c)
Police
officers serving in canal colonies are prohibited from acquiring land either by
tender or auction in the area in which they are employed.
(2)
As
regards possessions, other than landed property, Government reserves to itself
the right to demand form any police officer, should the public interests
require that such a demand should be made, an account o investments made or
movable property acquired by him or by any of the near relatives specified in
condition (1) (a) above.
(3)
A record shall be kept, confidentially, in the
personal files of all officers of and above the rank of Assistant,
Sub-Inspector, showing the extent and nature of the sources of income of each
officer in addition of his pay. This record is maintained into the interests of
officers themselves and it is important that they should ensure its correctness
by reporting all such sources of income, and all additions as acquired,
confidentially, to the Superintendent of Police under whom they are serving.
(4)
All
information supplied b police officers regarding movable or immovable property
held or acquired by them, or by their relatives, will be treated as strictly
confidential.
14.24. Orders regarding the collection of
supplies.—(1) The police are, as a general rule, forbidden to collect carriage
or supplies and shall ordinarily confine their action in such matters to
pointing out to the applicant where he can obtain what he requires.
(2)
The
acceptance of presents, free carriage, or entertainment from subordinates, is
strictly forbidden. Both superior and subordinate officers must understand that
this rule is dictated by the necessity of allowing no custom to exist which may
lead to abuses or be liable to misrepresentation, and that these considerations
must override purely personal ones, however, laudable or natural the latter may
be.
(3)
Touring
officers are required to be scrupulous in ensuring by personal attention that
all expenses incurred in connection with their tours are paid for, and their
payment reaches those to whom it is due. Attention must be paid in this respect
not only to the proper payment for supplies required by the officer himself,
but to the debts incurred by servants and tour establishment generally.
Whenever possible all supplies should be obtained through the contractor
appointed by Government of the purpose; when there is no such contractor and
supplies have to be collected through lambardars, particular care shall be
taken that payments are properly made and distributed.
(4)
A
part from the specific examples dealt with in sub-rules (1) and (2) above,
police officers of all ranks are strictly enjoined to refrain from placing
themselves under any sort of obligation either to a subordinate or to any
member of the public, who is or is likely to be within their official
jurisdiction, or with whom they are liable to have official relations.
(5)
The
collection or purchase of supplies, whether on tour or in headquarters, through
subordinates of the police, or any other Government department, is strictly
prohibited. No police officer shall employ a Government servant in any private
matter in which the receipt or expenditure of money in the transaction or
bargain is involved.
SYNOPSIS
1.
Disciplinary proceedings.
COMMENTS
1.
Disciplinary
proceedings. Once the proceeding are initiated under a particular set of rules,
it is incumbent upon the authority to conclude those proceedings under those
rules. An amendment of the rules during the proceedings does not affect the
course of proceedings which have already been initiated. Sub-clause (ix) of
rule 16.24(1), as it originally existed, conferred a right on the employee and
imposes a duty on the employer. It was not merely procedural. The substantive
right to be called and heard was not only in consonance with the principles of
natural justice but was statutorily recognised in sub-clause (ix). It was
incumbent upon the Director General of Police to have called the petitioner and
heard him before passing the impugned. The order is consequently vitiated. Ajmer Singh, A.S.I. vs. State of Haryana and
others, 1991(4) S.L.R. 753
14.25-
Regarding pecuniary transactions – (1) Police officers are forbidden to have
banking transactions on any kind with accountants in police offices.
2.
No
police officer shall borrow money from, or become indebted either directly or
indirectly, to any other police officer to any agent, connection, dependent, relation
or surety of any other police officer.
Similarly, no police officer shall borrow money from
or become indebted to any native of India residing or carrying on business in
the district in which such police officer may be serving; provided that this rule
shall not apply to ordinary shop debts.
3. No police officer shall, either
directly or indirectly, lend money to any other police officer, and all police
officers are prohibited from lending money at interest , whether directly or
through relatives or other agents, to land holders, with or without security,
within the province in which they are employed.
4. Voluntary subscriptions shall not
be collected from Head Constables or Constables for any purpose without the
sanction of the Inspector-General.
5. Police officer shall report tot
heir immediate superiors any case of insolvency or hopeless indebtedness
amongst their subordinate.
6. Gazetted officer are forbidden
under pain of dismissal form taking loans from or placing themselves under
pecuniary obligations to persons subject to their official authority or
influence or residing, possessing property, or carrying on business within the
local limits within which such gazetted officers are appointed.
SYNOPSIS
1.
Collection of amount to meet litigation
expenses for a common cause does to amount to misconduct.
COMMENTS
1- Collection of amount to meet
litigation expenses for a common cause does not amount to misconduct.
Constitution of India secures to all citizens of India, justice, social,
economic and political. Judicial setup under the Constitution from Supreme
Court to the Subordinate court is to achieve the object enshrined in the
Preamble of the Constitution aforesaid. Courts are open to all the citizens.
Head Constables and Constables of the police force are also at liberty to
approach the Court for securing justice. Sub-rule(4) of Rule 12.25 of the
Police Rules if correctly interpreted does not put any embargo on the right of
Head Constables and Constables to approach the Court.
Rule 12.25 of the Police Rules
provides for different types of misconduct. The recourse tot he legal
proceedings can be had by one police constable or more police constables
collectively of their grouse is common. If certain collections are made by
those aggrieved constables, to meet out the litigation expenses the same would
not amount to misconduct under Rule 12.25(4) of the Rules. Such an act, even
otherwise does not infringe any law or rule relating to functioning of police
force as such. That being the position, the petitioner could not be
charge-sheeted for his act of collecting amount of Rs. 50/- each from other
constables, to approach the Court for redress of their grievance. Gurmukh Singh, Constable vs. State of Punjab
and others, 1991(6) S.L.R 644
14-26. Regarding presents – (1) In accordance with the principle stated in
rule 14.24 police officers are prohibited from accepting presents of any
description whatever from their subordinates. The giving and receiving of dalis
by police officers is absolutely prohibited. The orders of the Punjab
Government regarding dalis are contained
in paragraphs 11 and 12 of Punjab Government Consolidated Circular 1 as amended
up to 1st March 1928. The acceptance by police officers or members
of their families of presents or dalis form non-officials is prohibited by rule
2 of the Government Servants Conduct Rules which states :-
“2. Any
Government servant may accept from any Indian a complimentary present of
flowers or fruits or similar articles of trifling value, but all Government Servants
shall use their best endeavors to discourage the tender of such gifts”.
(2) Enrolled
police officers are prohibited from accepting or giving marriage present (
tembol ) except form to immediate neighbours at their homes or relatives.
(3) Police
officers are prohibited from accepting the loan of carriages horses, etc.,
belonging to Indian Chiefs except in cases of emergency.
(4) No
Police officers shall attend any farewell entertainment held as a mark of
regard for himself on the occasion of his retirement form the service or his
departure from a district or station or any other entertainment held in his
honour, unless it be of a purely informal and private nature and genuinely
confined to personal friends, Sanction to depart from this rule, can be given
by the Inspector-General only. ( Punjab Government notification No. 2958-S,
dated the 28th July, 1927 ).
14.27. Extra departmental influence
not to be solicited. – (1) Police officers of all ranks are forbidden to
approach of other departmental or non-official gentlemen for support
individuals claims in the matter of promotions, transfer, punishment and
appeals, etc. Promotion are made in accordance with the principle and methods
set forth in Chapter XIII. Attempts to influence the minds of promotion
officers by applications or recommendations direct or indirect outside the
officially prescribed promotion reports, character rolls and personal files
will be treated as serious breaches of discipline. Transfer are made in the
interest of the service and not for obtaining the modification of orders of
transfers can be made through the proper channel and in the manner prescribed
by rule 14-6 but, officer may be proceeded against departmental for breaches of
discipline if such applications are frivolous or submitted merely to avoid
service in unpleasant areas. In the matter of punishments and appeals, the
procedure is laid down in Chapter XVI, and any attempt to influence appellate
or revision authorities either directly, through superior officers or through outsiders,
will be treated as serious breaches of discipline. Police officers are also not
permitted to interview the Inspector-General or the Deputy Inspector General
regarding their transfers, promotion, punishments, & c., without previously
obtaining their sanction through the proper channel.
(2) Police
officers are similarly forbidden to approach Members of the Legislatures with a
view to having their individual grievances made the subject of interpellation
in the Chambers.
(3) The
prohibition in sub-rule (1) above includes the acquisition of certificates or
letters of recommendation other than certificates granted under rule 15-3 or
formal letters addressed to the Superintendent of Police concerned, bringing to
his notice specific service rendered to the writer, or under the official
cognizance of the writer.
(4) Police
officers are strictly prohibited from obtaining interviews with Members or
Secretaries to Government without the prior sanction of the Inspector General.
14-28. Regarding speculations. – (1) No police officer shall habitually
buy and sell any share stock, scrip, certificates, schedule, coupon, debenture
or other security appertaining to public funds or companies whose value
notoriously fluctuates from time to time.
(2) No
police officer shall take advantage of information received by him as a police
officer to speculate in any such funds.
(3) Police
officers shall not engage in trade, but may hold shares in mining and other
companies having for their object the development of the resources of the
country. No police officers, however, shall take part in the management of any
such institution without the sanction of the Inspector General, nor shall a
police officer who holds a share in any such company be employed in any
district in which it carries on its operations.
NOTE. – The Model Town Society,
Limited, Lahore, is regarded as a trading concern. While police officers may
become members of this or any similar society, they must obtain sanction to
serving on the managing committees of such societies in accordance with
sub-rule (3) above. (Inspector General’s Endorsement No. 211-S. 24.10.26-A,
dated 11th June, 1929, to all Police Officers).
14-29. Handyside and Saunders – Chanan Singh Memorial Funds. – (1) The
Handyside Memorial Fund was founded in memory of the late Mr. E.C. Handyside,
C.I.E., O.B.E., late Superintendent of Police and Commandant of the North-West
Frontier Constabulary, and is entirely supported by voluntary contributions
received from or through, police officers. The fund is administered by a
committee composed as follows :-
President … Inspector
General of Police
Honorary Secretary … Assistant
Inspector General of
Treasurer. … Police,
Punjab.
Members … Four
Indian Officers, one
Nominated
from each range and one
From
the railway police and
Criminal
Investigation Department combined.
The object of the fund is to provide
scholarships for the education of the families of non-gazetted police officers
who die or are killed whilst in service leaving their families destitute. The
committee, however, has discretion to make a compassionate grant to a widow or
family for the purpose of maintenance in any case in which Government relief
has been refused.
(2) The
Saunders-Chanan Singh Memorial Fund was founded in memory of Mr. J.P. Saunders,
Assistant Superintendent of Police, and Chanan Singh, Head Constable, who were
assassinated at Lahore in 1928. The fund was raised by public subscriptions and
is administered by the same Committee which administers the Handyside Memorial
Fund.
The objects of this fund are --
(1)
To
assist the dependents of officers killed on duty in cases where Government has
not made suitable or adequate provision.
(2)
To
assist by the grant of subsistence allowances the dependents of officers who
die in service.
(3)
To
assist the dependents of police pensioners who die leaving them in indigent
circumstances.
14-30. Participation
in politics. – (1) No police officer shall take part in or subscribe in aid of
any political movement in India or relating to Indian affairs. Where there is
room for doubt whether action, which a police officer proposes to take,
contravenes this rule the orders of the Inspector General shall be obtained.
(2) A
police officer shall not canvass or otherwise interfere or use his influence in
connection with, or take part in, any election to Logislative body, but may, if
qualified, record his own vote. (No. F-157-27-Public of 15th August,
1927).
SYNOPSIS
1.
A party or organization, which does not
involve itself in these questions, cannot be called political.
2.
Petitioner found guilty because he
attended the mass rally which was held to support the demand of some agitating
policemen.
COMMENTS
1. A
party or organization, which does not involve itself in these questions, cannot
be called political. Under Punjab Police Rule 14-30(1) a police officer is
prohibited from taking part in or subscribing in aid of any political movement
in India or relating to Indian affairs. The provisions of rule 5(1) of the
Central Civil Services (Conduct) Rules are somewhat similar. Under this rule a
Government servant is prohibited from being a member of, or associating with,
any political party or any organization which takes part in politics in
addition to his being prohibited from taking part in a political movement or
political activity. But what is politics? It is a word of wide amplitude and it
is neither possible nor desirable to define the same. According to Oxford
Dictionary this word means : “The science and art of Government; the science
dealing with the form, organization, and administration of a State or part of
one, and with the regulation of its relatins with other states.” The word “political”,
according to this dictionary, means; “of, belonging, or pertaining to the state
or body of citizens its government and policy, especially in civil and secular
affairs; public, civil, of or pertaining to the science or art of politics”,
and according to Webster’s Dictionary the word “politics”, and according to
Webster’s Dictionary the word “political” means; “of or relating to government,
a government, or the conduct of governmental affairs; of o relating to matters
of government as distinguished from matters of law, of, relating to, or
concerned with politics; of, relating to, or involved in party politics.” This
shows before any party can be said to be a political party or an organization
taking part in politics the party or organization should be propagating its
views or ideologies in the art or science of government. It may be either supporting
the Government of the day or opposing it. A party or organization, which does
not involve itself in these questions, cannot be called political. Ajit Singh,
Constable vs. Kirpal Singh, D.I.G. Police, Delhi and others, 1972 S.L.R. 768
2. Petitioner
found guilty because he attended the mass rally which was held to support the
demand of some agitating policemen. The employees from Unions and put up
demands. The social and religious organizations on occasions also make certain
demands from the government. By no stretch of imagination they become political
parties. The demand of implementing recommendations of Khosla Commissions,
withdrawal of Court cases pending against Delhi policemen, removal of
victimization and removal of restrictions on recruitment to Delhi Police, are
not demands of a political nature. These demands are only to alleviated the
sufferings of the Delhi Policemen. Be that as it may, before the petitioner
could fall under the said Rules, it has to be shown by the respondents that either
he was taking part or subscribing in any political movement in India or he was
a member or otherwise associated with any political party or organization. The
facts discussed above do not show that there was any political party or
organization or political movement in India of which the petitioner could be
called a member or otherwise taking part in it. I find that the enquiry
officer, disciplinary authority as well as the appellate authority have not
said a single word about there being any political party or organization or
movement of which the petitioner had become a member or subscriber or
supporter. In fact the enquiry report gives a finding on one aspect only and
that is that the petitioner was present in the mass rally. Similarly, the order
of the Superintendent of Police discusses the fact of the petitioner attending
the rally. In fact this order shows that the petitioner was found guilty
because he attended the mass rally which was held to support the demand of some
agitating policemen. This fact, as discussed by me above, does not ipso facto
make the petitioner guilty under the said Rules. The appellate order is no
better. Again, there is no evidence on record to show that any political party
or organization or movement organized this meeting. In these circumstances I
cannot but hold that the petitioner cannot be held guilty under Punjab Police
Rule No. 14-30(1) and Rule 5(1) of the Central Civil Service (Conduct) Rules.
Ajit Singh, Constable vs. Kirpal Singh, D.I.G. Police, Delhi and others, 1972 S.L.R.
768
14-31. Irregular applications and recommendations – Prohibition of. –
Police officers of all ranks are prohibited from applying either directly or
through superior officers for promotion, when vacancies occur, and officers are
prohibited from recommending subordinates for particular posts otherwise than
as provided for in Chapter XIII, or if ordered to do so by the authority
empowered to fill such posts.
14-32. Action if bribe is offered. – Every police officer, if at any time
he should be offered a bribe, is required to make an immediate report of the
fact to his official superior. Failure to Comply with this order will in itself
be a breach of discipline. The offer of a bribe is a criminal offence, and all
possible steps should be immediately taken to ensure that the offence may be
brought home to the bribe-giver in a criminal trial in cases where
circumstances indicate that such a course of action is feasible.
14-33. Police officers not to take up other employment. – Section 10 of
Act V of 1861 absolutely forbids any police officer from taking up any
employment whatever other than his duties under that Act, save with the express
and written permission of the Inspector General. Such permission has been given
generally so as not to debar police officers from engaging in casual literary
work, to the extent allowed under the Government Servants Conduct Rules, from
serving as examiners, or from engaging in an honorary capacity in the work of
charitable, religious, or social organizations. The Inspector-General has the
right, however, to withdraw his permission in any case in which, in his
opinion, the interests of Government are prejudiced. The restrictions imposed
by Section 10 of the Police Act are binding on police officers throughout their
service, whether on leave or duty.
14-34. Regarding arbitration. – A police officer shall not act as an
arbitrator for the settlement of a dispute except under the following rules :-
(i)
He
shall not act as arbitrator in any case without the sanction of his immediate
superior officer and unless he is directed so to act by a Court or officer
having authority to appoint an arbitrator.
(ii) He
shall not act as arbitrator in any case which is likely to come before him in
any shape in virtue of his executive office.
(iii) If he acts as arbitrator at the private
request of disputants he shall accept no fees.
(iv) If he
acts as arbitrator by appointment of a Court of law he may accept such fees as
the Court may fix.
14-35. Orders regarding cases against officers. – (1) Any gazetted officer
who becomes involved in a case affecting his private honour shall report the
matter confidentially to the Inspector-General through his Deputy Inspector
General.
(2) The
orders of Government are that no suit on behalf of Government or a public
officer shall be instituted nor shall the defence of such a suit be entered
upon without the sanction of the proper controlling authority. In all such
cases, therefore, Superintendents of Police shall report the facts at the
earliest stage possible to the Deputy Inspector General of their range, who
shall be guided in the action he takes by the rules published in Part III,
Punjab Law Department Manual, 6th Edition, 1929. Officers directly
concerned with such cases must exercise the utmost caution lest they may by
their written or spoken word prejudice the eventual issue.
14.36. Rules for official conduct – Those portions of Financial
Commissioner’s Standing Order No. 44 (3rd reprint, dated 9th
February, 1927), which are of general application are, except where they are in
conflict with a specific Police Rule, binding on all police officers in respect
of their official conduct. Copies of this Cirular are on record in all police
offices and should be referred to when necessary.
14.37. Orders
regarding membership of Auxiliary Forces and Army Reserves – (1) Police
officers may join units of the Auxiliary Forces, India, if qualified to do so,
on the understanding that their connection with such corps, whether in times of
peace or emergency can in no circumstances be allowed to interfere with their
police duties. Except with the permission of the local Government no police
officer may be a commissioned or non-commissioned officer in the Auxiliary
Force, India.
(2) Gazetted officers and European
upper subordinates who may be qualified for appointment to the Army in India
Reserve of Officers, as officers or officers designated respectively, may
apply, through the usual channel, to the Inspector-General of Police, for such
appointment. Each application will be considered o its merits and in relation
to the general orders of Government bearing on the subject from time to time to
the exigencies of police services.
14.38. Police officers entitled to seats in Durbar and privilege of a
chair – All police officers drawing salary of Rs. 50 per mensum or over and
being above the rank of Head-Constable are entitled to a chair when paying an
official visit.
Sub-Inspectors of Police on the
time-scale of pay are ex officio District Durbaris. All Inspectors of police
and selection grade Sub-Inspectors are ex officio Divisional Durbaris. Gazetted
police officers whether substantive or officiating are ex officio Provincial
Durbaris.
Pensioned officers are entitled
to precisely the same privileges in
respect of Durbars and the grant of a chair as they enjoyed while in active
service.
14.39. Privileges and duties of selection grade Constables on list C – (1)
Selection grade Constables on list C shall be exempted from sentry duty, and
may be employed as second in command of guards, in command of escorts where the
number of Constables composing the escort is not more than three and as squad
commanders on parades and other occasions, such as alarms, fairs fires, street
lining duty etc, when police are detailed for duty in such units. Constables
shall be so employed only when no Head Constable or officiating Head Constable
is available.
(2) A Constable called upon to perform the duties of a
Head Constable under the Conditions of the preceding sub-rule, shall have the
disciplinary powers and authority of a Head Constable over those men actually
placed under its command, and for the duration of the specific duty only.
14.40. Courtesy titles – (1) Inspectors and Sub-Inspectors may, with the
sanction of the Inspector-General, assume any one of the following courtesy
titles:---
Hindus
– Pandit (for Brahmins only), Bhai, Lala, Malik, Mehta, Bakshi, Sodhi, Misar,
Sardar, and Chaudhri.
Baba
or Bawa, Bedi and Giani (for Sikhs only).
Muhammadans
– Kazi, Maulvi, Khan (as an affix only), Hafiz, Haji, Arbab, Mir, Munshi,
Mirza, Malik, Mufti, Khawaja, Sheikh, Sardar, Pir, Sayed, Chaudhri, Mian. (If
this has been recognized by Government as having been customary for some
generations in the family), Sanction, when accorded, will be published in the
Police Gazette.
(2) They are not, however, allowed
to assume such titles as are ordinarily conferred by Government, or are
recognized hereditary titles, such as Mian in the case of Hindus, unless these have been recognized by
Government as having been customary for some generations of the family.
(3) Permanently-appointed Sikh
officers not below the rank of Inspector, may, as a matter of courtesy, and if
they themselves desire it, be addressed in correspondence as Sardar.
NOTE – The Sub-rules (1) and (2) above
apply also to the assumption of courtesy title by gazetted police officers,
doubtful cases being referred to Government.
14.41. Wearing of uniform after retirement – (1) Retired officers of the
police department not below the rank of Assistant Sub-Inspector, who have
rendered approved service of not less than 15 years in the department, may be
permitted to wear, on ceremonial occasions, or when calling on Government
officials, the uniform of the rank which they held in the force at the time of
retirement.
(2) Application for such permission
shall be made through the Deputy Inspector-General to the Inspector-General
and, in the case of upper subordinates, shall be accompanied by the character
roll of the officer on whose behalf the application is submitted.
14.42. Medical attendance – (1) Inspectors, Sub-Inspectors and Assistant
Sub-Inspectors, who live in the police lines and not at a distance from the
police hospital, are, when sick, entitled to medical attendance at their
residence. Detailed orders on the subject are contained in the Punjab Medical
Manual.
(2) Under Punjab Government letter
No. 25744 (Medical), dated the 3rd September, 1930, all officers of
the imperial Police Service are entitled to free medical, surgical and nursing
charges if treated in hospital in India.
14.43. Regarding the keeping of horses, etc. by lower subordinates - Head Constables and foot Constables shall not
keep any horse, pony or mule without the special sanction of the Deputy
Inspector-General and such sanction may only be given when the police officer
seeking it can show that he has private means out of which he can afford to
maintain.
14.44. Communication of official information to the press – It is
desirable that the services of the newspaper press should be utilized for
securing publicity in regard to police regulations and orders affecting the
public, and for disseminating information through which public assistance may
be allayed. The authority and discretion to communicate official information
with these objects is confined, however, solely to Superintendents of Police
personally. In the exercise of this authority, moreover, Superintendents are
restricted to matters of exclusively local significance, and they are forbidden
from giving publicity to any information which affects directly or indirectly
questions of general policy. Police officers subordinate to the Superintendent
of Police of a district are absolutely prohibited form communicating official
information of any sort on their own responsibility to representatives of the
press.
14.45. Regarding the grant of passports – No police officer shall give a
transport pass or a certificate or other document of the nature of a passport
to a person travelling or intending to travel from one part of India to another,
whether such journey is to be performed in British or in foreign territory or
in both.
14.46. Superintendents leaving their district – sanction for – When a
Superintendent of Police wished to proceed beyond the boundaries of his
district on duty, which will entail his absence for one or more nights, he
shall, whenever possible, obtain the approval of the District Magistrate and
the sanction of the Deputy Inspector-General in advance. If the urgency of the
occasion prevents this, he shall inform the District Magistrate of his
departure, reasons for it, and probable duration of absence, as promptly as
possible, and shall send similar information to the Deputy Inspector-General by
telegram.
Gazetted officers subordinate to the
Superintendent of Police shall not leave the district for one or more nights
without the sanction of the latter, who should mention such absences, for the
information of the District Magistrate and Deputy Inspector-General in his
weekly diary.
14.47. Inspectors and Sub-Inspectors
not to serve in their home districts – Except for special reasons, and with the
approval of the Inspector-General in each case, no Sub-Inspector shall be
posted to a permanent appointment in the district in which his home is
situated. The same rule will govern the postings of Inspectors. The rule will
not, however, apply to appointments to clerical posts of Lines Officer or
reserve Inspector, not will it affect the postings of European Inspectors or
Sergeants.
14.48. Communication of confidential reports and confidential nature of
recommendation – (1) The following principles in regard to the communication to
police officers of unfavourable remarks made by their superiors in annual or
other reports of a periodical nature should be carefully observed:---
(a)
When
a report is built up on the individual opinions as noted of different
departmental superiors in gradation, it is only the opinion as accepted by the
highest authority which need be considered from the point of view of
communication;
(b)
as
a general rule in no case should an officer be kept in total ignorance for any
length of time that his superiors, after sufficient experience of his work, are
dissatisfied with him; in cases where a warning might eradicate, or help to
eradicate, a particular fault the advantages of prompt communication are
obvious; where criticism is to be withheld the final authority to consider the
report should record instructions with reasons, according to the nature of the
defect discussed as to the period for which communication is to be kept back;
(c)
only
those defects need be pointed out which can be remedied, since it would be
serve no useful purpose to communicate such criticisms as lack of ability or
intelligence;
(d)
the
reporting officer should specifically state whether the defects reported have
been already brought in any other connection to the notice of the officer
concerned.
(e)
remarks
in cases in which the local Government or head of the department or other
officer suspends judgment should not be communicated;
(f)
great
attention should be paid to the manner and method of communication in order to
ensure that the advice given and the warning or censure administered, whether
orally or in writing, shall, having regard to the temperament of the officer
concerned, be most beneficial to him.
(3)
Recommendations
for appointments, promotions, increase of pay and the like should not be
mentioned to the parties concerned.
Police officers should, therefore,
be careful not merely to obstain from communicating but also to guard
against the disclosure of information in cases of the kind, which should always
be treated as confidential in official correspondence. (See also rule 15.22).
14.49
Joining
associations.—Government is prepared to grant official recognition to
association representing distinct ranks of police officers, provided such
association confirm to conditions which have been laid down. Copies of the rules embodying these
conditions can be obtained by associations or proposed associations on
application through the proper official channel. The formation of associations otherwise than
in accordance with these rules, and the joining of any association or trade
union other than a recognised police association by individual police
officials, is absolutely prohibited.
14.50
Reports
of death or injuries to police officers.--
(1) When any gazetted officer or
upper subordinate is killed or wounded in the execution of his duty, or in
circumstances arising from this duties, or meets with sudden and violent death
in any very exceptional circumstances, a telegraphic report shall be submitted
by the Superintendent under whom he is serving direct to the
Inspector-General. In the case of wounds
the telegram shall state whether they are dangerous, severe or slight. Such telegraphic reports shall be
supplemented with the least possible delay by a detailed report in Form 14.50
(1).
3.
Death,
other than those covered by sub-rule (1), shall be reported telegraphic cally
to the Inspector-General in the case of gazetted officers and European upper
subordinates in order that he may inform their next of kin without delay, and
by post to the Inspector-General in the case of Indian Inspectors and to the
Deputy Inspector-General concerned in the case of Sub-Inspector and Assistant
Sub-Inspectors.
4.
On
receipt of reports under sub-rules (1)
and (2) the Inspector-General shall, in addition to communicating with
the next of kin of the deceased or wounded officer, report the facts to the
local Government. In the case of deaths
of Europeans the particulars required for comletion of the return of deaths of
European officials shall be added.
14.51
Procedure
to be adopted in connection with anti-rabic treatment .. Police officers proceeding for anti-rabic
treatment at the public expense should, when the journey to Lahore is cheaper
than that to Kasauli, be sent to Lahore and not to Kasauli, unless the
Inspector-General of Civil Hospitals, Punjab, intimates at any time that fresh
patients cannot be treated at the Punjab Bacteriological Laboratory,
Lahore. Concessions will be granted to
Government servants proceeding to Lahore for treatment on the lines (mutatis
mutandis) of the concessions granted under the rules in force from time to time
for patients proceeding for treatment to the Pasteur Institute at Kasauli.
The
following officers are authorised to sanction proceeding to a Pasteur
Institute:-
(a) Deputy Inspector-General For Superintendent of Police (sanction may be
obtained by telegram or telephone).
(c)
Superintendent
of Police or Senior gazetted ment officer present. For headquarters establishment.
Any gazetted officer or Inspecotr
from headquarters. For police officers
away.
14.52
Nature
of arms to be carried. The arms to be
borne by police on different duties ar not prescribed by general order. In each district the Superintendent of Police
shall lay down by standing order rules suited to local circumstances
prescribing the normal armament for different duties. In cases not covered by such orders the
officers responsible for deatailing men for a particular duty shall prescribe
the arms they shall carry. Escorts which
are, in the opinion of the officer detailing them, liable to attack by superior
numbers shall always be armed with muskets.
14.53
Disbursement
of pay. On receipt of cash for the
disbursemnet of salaries, immediate payment shall be made to all recipients who
may be present. Each man, both upper and
lowe subordinate, shall be called up turn, and the particulars of pay,
allowances, deductions and balance payable as shown in the acquittance roll
shall be read out to him. He shall then by required to receive and sign the
receipt for the money shown as due to him, any complaint being noted at the
time and submitted, if it appears reasonable, to the Superintendent of Police
without delay. In headquartes, the Lines
officer shall personally disburse pay on the day it is received and shall daily
check the acquittance rolls and daily diary entries regarding disbursements
made by the lines clerk on subsequent days to men, who were not present on the
first day. In police stations and posts
pay shall be disbursed immediately on receipt by the officer-in-charge
personally, if present, and in his absence by the senior officer present, the
same procedure being observed as is laid down for disbursements in Lines.
When
unable personally to make disbursements the officer-in-charge of the police
station shall at the earliest opportunity, check the disbursements made by his
subordinates, calling up recipients, and satisfying himself that they have been
duly paid, and he shall record the fact of his having done this in the daily
diary.
Gazetted
officers shall, whenever possible personally supervice the disbursemnet of pay
and shall take every opportunity, both at headquarters and on tour, of testing
the correct receipt of their dues by individual police officers.
Special
care is necessary in respect of the disbursement of pay drawn on arrear bills
and of travelling allowance; the system prescribed in this rule shall apply to
such disbursements, and a personal check
by Lines officers, in charge of police stations and supervising officers must
be insisted upon.
14.54 Order Book.--
(1) The order book shall be
maintained and written up daily by the reader of the Superintendent of Police,
or, in his absence from headquartes, the reader of the senior gazetted officer
present. Entries shall be numbered
serially throughout the year and each day’s orders shall be arranged in
sections as follows:-
(o)
Training
and Inspection.—Including all orders regarding parades inspections and duties.
(p)
Establishment.—Including
all orders regarding enrolments, discharges, transfers, increases and decreases
of strength, promotions, reductions, leave and pensions.
(q)
Discipline.—Including
orders regarding punishments, rewards and all orders of disciplinary nature.
(r)
Accounts.-- Including all orders for receipt and payments
of money, grant of allowances realisation of deductions, over-payments, etc,
from salaries.
(s)
Miscellaneous.
2.
The
order book shall be closed for the day at noon all orders received for entry
after that hour being entered on the following day. In the right hand margin shall be entered the
section headings and the serial number of each order. A margin shall be left on the left of the
page also, and in it a gazetted officer shall enter in English a brief abstract
of every order relating to a reduction, promotion or enrolment or creating a
vacancy.
3.
When
the orders for the day are completed they shall be presented to the
Superintendent, or, in his absence, the gazetted officer acting for him, for
signature at the foot; the signing officer shall at the same time initial any
corrections or interpolations in the body of the orders, and sign all English
abstracts made in accordance with sub-rule (3) above.
4.
The
original orders shall be written according to the system described in
subparagraph 1 above in a bound register of 100 pages in half foolscape size
[Police Rules form 14.54 (4)]. Three
further copies shall be made by inserting sheets of paper and carbon paper of
the same size below the original sheet and these copies. They shall be despatched to the Lines
officer, accountant and orderly Head Constable, respecitvley each of whom shall
keep a yearly file of these orders for use and actions in his office. These yearly files will be destroyed after
two years.
5.
The
Reader Lines Officers, Accountant and orderly Head Constable shall be
responsible for the issue of all subsidiary letters and directions concerning
their own branch of the office. Such
correspondence shall be prepared in the branches concerned and issued through
the despatch branch.
Note: The Superintendent of Police may, if he
wishes, require the Order Book to be maintained in English instead of
Vernacular.
14.54
Standing
Order File. (1) An English file of all standing orders issued
by the Superintendent or Police shall be maintained by the reader. A vernacular
translation of each such order shall be kept in a duplicate file, and each such
file shall be indexed. These files shall
be continuous for five years, after which all orders not previously cancelled,
and which it is necessary to keep in force, shall be re-issued, and fresh files
shall be started. As soon as possible
after the 1st January in each year the reader shall send to the
lines and each police station a list, prepared from his file index, of all
current standing orders which should be on record (vide rule 22.53), and shall
be responsible for supplying duplicate copies of any which may then be found
deficient. The repeal of a standing
order shall be noted in the index and communicated by the reader to all
concerned. Modifications shall be
notified to all concerned when ordered and the original order shall be
corrected accordingly.
(3)
All
general orders of a permanent character affecting the duties, procedure and
practics of the police, explaining the rules of the department, the effect of
the decisions of the Courts, or of the law, as affecting offences, offenders
and the police, shall be recorded in these files. Standing orders for permanent guards,
additional police posts, etc., shall not be included.
(4)
Every
standing order shall be submitted to the Deputy Inspector-General for approval
before issue. If the order is one
affecting departmental procedure on a point of general application and is
approved by the Deputy Inspector-General , a copy shall be sent by him to the
Insepctor-General.
(5)
Deputy
Inspector-General shall check files of district standing orders and those
issued by themselves (vide rule 1.6) at their inspections.
14.55
Use
of force against crowds.-- (1) Instructions regarding the use of force by
the police against crowds are as follows:---
The
use of force by the Police is regulated entirely by the provisions of the
law. Those provisions are contained in
Chapter V (especially Sections 46 and 50), and Chapter IX (especially Sections
127 and 128) of the Criminal Procedure Code.
(a)
The
main principle to be observed is that the degree of force employed shall be
regulated according to the circumstances of each case. The object of the use of force is to quell a
disturbance of the peace, or to jkdisperse an assembly which threatens such disturbance
and has either refused to disperse or shows a determination not to disperse; no
ulterior objects, such as punitive or repressive effect, shall be taken into
consideration.
(b)
Any
officer in charge of a police station or police officer of higher rank has
power, independently of the authority of a Magistrate, to call upon an unlawful
assembly to disperse and to use force to disperse it. (See Section 127, Criminal Procedure Code). When a Magistrate other than an honorary
Magistrate) is present or can be communicted with without such delay as would
prejudice the situation, an assembly shall not be called upon to disperse nor
shall force be used to disperse it without orders of such Magistrate, provided
that, if a gazetted police officer is presents, and no Magistrate having first
class or higher powers is present, such police officer shall independently in
ordering an assembly to disperse. In
other cirucmstances the senior police officer present, having the powers of an
officer in charge of a police station, shall act on his own responsibility, but
shall communicate with and report his action to the senior Magistrate, who may
be accessible, as soon as possible.
Whether acting under the orders of a Magistrate or not, once the order
to disperse a crowed has been given, the
method by which force shall be applied and the degree of force to be used shall
be decided by the senior police officer present; provided that, if the District
Magistrate is himself present, he, as head of the police foce of the district,
shall be recognised to be the senior police officer present. For the purposes of this rule a
Sub-Divisional Magistrate within his sub-division shall have the status of a
District Magistrate, i.e. he shall be recognised by all police officers of the
sub-division as the senior police officer, and shall power to decide the method
and degree of force to be used.
(c)
All
attempts to disperse a crowed by warnings, exhortation, etc; shall be made
before it is declared an unlawful assembly and, as such, ordered to
disperse. Once an order to disperse has
been defied, or when the attitude of a crowed is obviously defiant, force shall
be used without hesitation. The degree
of force used shall be the minimum which the responsible officer, with the
exercise of due care and attention,
decides to be necessary for the effective jdispersal of the crowd and
the making of such arrests as may be desired.
The degrtee and duration of the used of roce shall be limited as much as
possible, and the least deadly weapon which the circumstances permit shall be
ued.
(d)
The
effectivenss of force depends mainly upon the determination with which it is
applied; its direction against the most
defiant section of the crowd to be dispersed and its absolute control. Failure to act on this principle results
inevitably in more force being applied and more dangerous weapons being used
than would otherwise have been necessary.
It is not possible to lay down any more definate rule as to when
different mthods different weapons shall be used. The officer responsible is requried to decide
this in each case on consideation of the strength and attitude of the crowd to
be dispersed, and the strength of the force available for its dispersla.
(e)
When
the responsible police officer, whether acting under th orders of a Magistrate
or independentlhy, considers that the juse of firearms is necessary, he shall,
unless circumstances make such action impossible, warn the crowd that if they
do not immediately disperse, fire with live ammunition will be opened upon them. If the District Magistrate or, in a sub-division, the-sub-divisoinal
offier is present, his orders shall invariably be obtained immediately the
necessity of opening fire becoems imminent.
(f)
In
order that the decision to open fire may be promply acted upon without loss of
control or confusion, the responsible police officer shall, as soon as it
appears likely that the use of firearms will be necessary, tell off a
detachment of armed police to be held in readiness. When fire is to be opened, the responsible
police officer shall decide the minimum volume necessary to be effective in the
circumstances and shall give precise orders accordingly, as to the particular
men or files who are to fire and the number of rounds to be fired; and whether
volleys or independent aimed shots are to be fired, and shall ensure than this
orders are not exceeded and that no firing contrary to or without orders takes place.
Whatever volume of fire is ordered, it shall be applied with the maximum
of effect; the aim shall be kept low and directed at the most threatening parts
of the crowd; in no circumstances shall firing over the heads of or at the fringes of the crowd be allowed.
Since buckshot is not an effective charge at any range at which it is safe to
use it, Government has directed that the use of buckshot ammunition against
crowds should be prohibited.
(g) When
no Magistrate is present, the police officer in command, as is contemplated in
the Criminal Procedure Code, shall be responsible for the opening of fir
Invaribaly, whether the order to use firearms has been given by a Magistratre,
or by a police officer, the order to cease fir shall be given as soon as the
unlawful assembly shows disposition to retire or disperse.
(h) While
the disposition of the police must be left to the police officer in command,
every precaution should be taken that a force armed with firearmss is not
brought so close to a dangersous crowd, as to risk it either being overwhelmed
by numbers or being forced to inflict heavy casualties. If the use of firearms
cannot be avoided, firing should be carried out form a distance sufficient to
obviate the risk of the force being rushed and to enable strict fire-control to
be maintained.
(i)
On
occasions of religious festivals police carrying firearms should ordinarily not
be employed to escort processions. They should be
posted in front or in the rear of the procession where they are in least danger
of being thrown in to confusion by the mob and cab be kept under the control of
the officer in command and their petty officers.
(j) On
occasions when firearms have been used against unlawful assemblies it should be
the duty of the Magistrate, if one is present, to make adequate arrangements
for the care of the wounded persons and for their removal to hospital and also
for the disposal of the dead, if any. He should also, then and there, draw up a
full report in consulation with the senior police officer present, stating all
the circumstances and noting the number of rounds of ammunition issued and
expended. If no Magistrate is present, this report shall be prepared by the
senior police officer who shall also take all possible action with regard to
wounded and dead,
(2)
The
following instruction govern the action of the police when the use of military
force becomes necessary:---
(a)
A
police officer, of whatever rank, has no authority to require any officer,
commissioned or non-commissioned, in command of a military detachment to use
force in dispersing a crowd. Any Magistrate may make such a requisition (
Section 130, Criminal Procedure Code) and, in emergencies when no Magistrate
can be communicated with, commissioned officer of the regular army may himself
order military force to be used. When no Magistrate is available and troops are
present and their intervention is, in the opinion of the senior police officer
present necessary, that officer shall inform the senior commissioned regular
army officer present of the situation, requesting his assistance in support of
the police if necessary. The military officer receiving such report will decide
whether to act on it.
(b)
When military force has been set in motion for
the dispersal of a crowd, any police force previously employed in contact with
such crowd shall be withdrawn to prevent confusion. The senior police officer
present and the officer commanding the troops shall confer as to the method and
exact time of such withdrawal, and as to the subsequent employment of the
police provided that , if the District Magistrate is down absolutely, the
normal procedure should be for the police to be so withdrawn as to leave a free
field of action to the troops, and to be
used thereafter (a) in support of the troops for making arrests and pursuing a
broken mob, (b) for guarding the flanks and rear of the troops form attack and
preventing the out break of disturbance in other areas.
(c)
It
must be noted that, when the order to disperse and unlawful assembly by
military force has been give, the senior police officer on the spot and all police at the time within
the area where military force is being employed come under the orders of the
senior military officer present, who is in charge of the operation of
dispersal, and remain under the his orders to this extend and for the period
necessary, but the latter must consult the senior police officer present in any
action he thinks it necessary to take. When control of the situation is
definitely handed over by the senior civil officer to the military authorities,
the police force come fully under military control.
(NOTE.—These instructions are in conformity with the
secret instructions on the subject issued by the Government of India, Army
Department).
(3)
Only
an officer in charge of police station ( and police officer superior in rank of
virtue of Section 551, Criminal Procedure Code) can act under Section 127,
Criminal Procedure Code. When any other police officer encounters an unlawful
assembly, he should immediately send for a Magistrate or a police officer
empowered to act under Section 127, Criminal Procedure Code. Should be unlawful
assembly commit any overt act of violence before the arrival of such Magistrate
or police officer, the senior police officer on the spot, in virtue of other
powers conferred by the law, should take such action as is necessary to deal
with the situation. Section 149, Criminal
Procedure Code, empowers every police officer to interpose for the purpose of
preventing, and requires that every police officer shall , to the best of his
ability, prevent the commission of any cognizable offence. Section 152,
Criminal procedure Code empowers a police officer of his own authority to
interpose to prevent shall police officers have the same right of private
defence which is granted to every person. Every police officer should be fully
acquainted with this right which is laid down in Section 96 to 106, Indian
Penal Code, 97, Indian Penal Code, makes it clear that every person, and
therefore, every against any offence affecting the human body and the property
of any other person as well as of himself, against any act which is an offence
falling under the definition theft, robbery, mischief or criminal trespass. The
extend to which the right of private defence may be exercised is laid down in
Sections 99, 100, 101 and 103, and the period during which the right exists is
explained in Sections 102 and 105.
14.57. Government family quarters. Cleanliness
or damage to—Police officers occupying government family quarters shall be held
strictly responsible for the cleanliness of such quarters and shall be required
to make good any damage other than that due to fair wear and tear to the
quarters themselves or to any Government property contained therein.
An
officer will be held responsible for all damage to a building even if caused by
the previous occupier, if he enters in to occupation without reporting immediately
to the Superintendent of Police, through the usual channel, the extend of the
existing damage to the building.
Superintendent
of Police shall hold regular inspections to see that this rule is obeyed. See
also rule 3.32.
14.58. Measures against small-pox.—All police
officers and their families and other occupants of Government quarters, or
quarters for which rent is paid by government, shall be vaccinated and
re-vaccinated for small-pox at the following intervals:-
(a)
When
there is no epidemic—
(i)
Infants
should, if healthy, be vaccinated in the first three months after brith; in all
cases within 12 months.
(ii)
Children
should be re-vaccinated by the time they attain
the age of 7 years and again on reaching the age of 16 years.
(iii)
Adults
should be re-vaccinated every seven years.
(iv)
Adults
should be re-vaccinated every Seven
years.
(b)
When
there is an epidemic.
All persons who have not been vaccinated within the
last 12 months should be vaccinated.
All police officers are enjoined to take the same
precautions and they may be called on to do so by executive order.
14.59. Liability of police officers to pay “
haisiyat” or professional taxes—(1) The local Government in their letter No.
25292 ( L.S.G.—BDs), dated the 1st September, 1928.has intimated
that district boards may, with the sanction of Government, impose “haisiyat” taxes. The rates livable are laid
down in the above letter. It is also laid down that no tax shall be livable in
any year form the first day of April to the thirty-first day of March next
following from any person who is resident in the area subject to the authority
of the district board for less then one hundred and eighty days in such year.
(2) Police officer residents in certain municipalities
and notified areas are also liable to pay “haisiyat” tax. In this case the tax
is only livable on the income of such officers which they may have received
while actually stationed within the municipality or notified area—( Vide Memo
No. 21943 (Bds. & Comts. –Comts), dated 11th September 1920).
(4)
Superintendent
of police shall not collect such taxes from the officer concerned, but shall
furnish such lists as may be called for by the local bodies concerned in this
connection.
15.
Special Provisions.-Notwithstanding anything contained in these rules, the
appointing authority may impose special terms and condition in the order of
appointment if it is deemed expedient to do so (For Haryana vide No. G.S.R.
59/Const./ 309/Amd. (1)/77)
FROM NO. 14.10(2)
ORDERLY ROOM REGISTER
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Serial No.
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Date
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Rank No. and name
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Posting and/or designation
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Nature of application plea or representation
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Order passed in brief
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Signature No Rank and designation Orderly from
Officer
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Reference Date
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FORM NO.14.12 (2)
POLICE DEPARTMENT DISCHARGE
CERTIFICATE ___________DISTRICT
(1)
Provincial,
Range or Constabulary No.
(2)
Name
and Parentage.
(3)
Caste.
(4)
Village,
Police station and district.
(5)
Height.
(6)
Age
on date of discharge.
(7)
Distinctive
marks
(8)
Character.
(9)
Cause
of discharge and date ( Note also medals and decorations held).
Dated the ________19 _________ Superintendent of
Police
TO WHOM IT
MAY CONCERN
(REVERSE)
Certified that _______________________________has been
discharged from the Police Force for the _______________having served as
follows:-
FORM NO.14.12.(2)-Contd.
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Police Service
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Years
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Months
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Days
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Previous service in other Government department
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Years
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Months
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Days
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As ..
As ..
As ..
As ..
Total ..
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As ..
As ..
As ..
As ..
Total ..
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Grand total service
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Paid on account of clothing money Rs.
He has received a true and just account of his pay and
arrears of pay from his first enrolment up to this date and all claims against
him by Government have been settled in full.
Dated ___________ 19 _______ Superintendent
of Police
I acknowledge to have received in full all pay and
arrears of pay from my first enrolment up to this date of my discharge.
Signature of
Witness. Signature
of Party.
FORM No. 14.15 (4)
(1) Gazette order of transfer, leave, etc.
(2) Name of officer relinquishing charge, with
date and hour.
(3) Name of officer assuming charge, with
date and hour.
(4) Remarks.
Dated
_______________ 19 ________ Superintendent
of Police
FORM No. 14.16(1)
REGISTER OF POSTINGS OF ALL ENROLLED POLICE OFFICERS
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Constabulary
No.
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Name
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of enrolment
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Resid
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Educ
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Date
of ret
-urn
from
last
rural
duty
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Police
Statio-n
from which last transferred
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Reasons
for transfer (colunm8)
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Police
Station,etc,
To
which now posted
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Date
of present postin-g
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Remarks
(including reference to last previous entry in this Register
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FORM No. 14.16(1).—Contd.
NOTE,--
In this register separate pages shall be assigned to each rank, and the
register shall be divided in
to the following parts:-
(1)Office
Staff of Superintendent, Lines Establishment, Orderlies and others permanently
attached to headquarters and
not included in any of the following parts:-
(2)Men
posted in Municipal towns (each town to be shown separately).
(3)Men
posted in Cantonments.
(4)Men
posted at Police Stations and subordinate posts.
(5)Men
posted in Lines, which includes all standing and personal guards, at the Police
Training School and on special
duty in other districts.
FORM No. 14.18.
DUTY SLIP OF ___________ No._____________
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Nature of duty, leave etc.
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PERIOD
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Signature of Lines Officer, Officer in charge of
Police Station or Clerk Head Constable.
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From
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To
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FORM No. 14.50(1)
DEATH REPORT.
Return of
deaths of European Police Officers and Pensioners in the Punjab.
Column
1. – Name.
2._ Date of death.
3._ Place of death.
4._ Occupation at the time of death.
5._ Age at the time of death.
Years.
Months.
Days.
6._ Place of birth.
7._ Particulars as to family connectins.
8._ Particulars as to property ( if any ).
9._ * Length of service.
10._ Cause of death.
11._ Remarks.
Dated
____________ __________
The
_______________________ 19 _____ Superintendent
of Police.
*Not required in the case of pensioners.
FORM No. 14.54 (4)
Order Book.
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Serial No.
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Section Head
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Details order
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CHAPTER XV… REWARDS.
15-1. Rewards to be given freely. (1) To encourage
members of the public to perform the duties required of them by law and assist
the Criminal Administration, rewards shall be given freely. Care must be taken
not to prejudice the issue of a case by granting rewards before its conclusion.
In some instances, however, rewards can be given before the case is over. Vide
rules 15-6.
(2) Rewards to subordinate police officers should not
be given for the proper performance of ordinary routine duties, but for special
merit in any branch of police activities. The qualifications for reward are
detailed in rule 15-7.(1).
15-2. Rewards, dealt with in other rules. The
instructions regarding the grant of rewards in the following cases are
contained in the rules specified against each:-
(i) For passing the Pashtu Examination, rule
19-46.
(ii) To zaildars, inamdars and headmen, rule
21-3(2).
(iii) To
officers of the Criminal Investigation Department, rule 21-28.(4)
(iv) For killing wild animals and snakes, rule
22-33.
(v) To arresting officers in Excise cases,
rule 24-19(13).
With
regard to unauthorised rewards, see rule 10-71.
15-3. Commendation certificates. When an enrolled
police officer or any person other than a police officer renders ready and
efficient assistance in the investigation of a criminal case, the arrest of a
criminal or the preservation of law and order, or gives valuable information,
the Superintendent or other police officer superior in rank to such
Superintendent may, in addition or lieu of any other reward, grant such police
officer or other person a commendation certificate.
Such
commendation certificates shall be in one of the forms prescribed below and
shall be signed by the officer granting them. The amount or nature of any
reward granted with the certificate shall be entered in it, and a copy of the
certificate shall be entered in the character roll of the recipient, if a
police officer..
(a) Class
I certificate, granted by the Inspector-General to police officers and members
of the public for actions of outstanding merit (Form15-3-A).
(b) Class
II certificate, granted by a Deputy Inspector-General for actions of such
special merit as to deserve a higher form of recognition than a Superintendent
is empowered to give, but not so exceptional as to deserve a Class I
certificate (Form15-3-b).
(c) Class
III certificate, granted by a Superintendent in recognition of specific
instances of good work or assistance to the police in connection with the
prevention or detection of crime or the preservation of law and order
(Form15-03-C).
15-4.
Special commendation certificate. Any upper subordinate who has done
conspicuously good work throughout the year ending 31st March shall
be recommended to the Deputy Inspector-General for the grant of a Class II
commendation certificate.
15-15.
Powers to sanction rewards. (1) The following police officers may offer and
give rewards in criminal cases, or for good service rendered, within the limits
stated…
(a)
Superintendent,
and the Principal,
Police
Training School, Phillaur,
Not
exceeding (For Pb.) Rs. 100. (For Hry.) Rs.200
(b)
Deputy
Inspector-General, and In
any one case or
Assistant
Inspector-General, on
any one occasion.
Government
Railway Police, not
exceeding
(For Pb.) Rs. 400. (For Hry.) Rs.600.
(c)
Inspector-General,
within budget limits.
(2)
The total rewards offered for the arrest of any one man in a case or series of
cases by Superintendents and Deputy Inspectors-General acting separately or
collectively shall not exceed the sum of (For Hry. Rs.200 and Rs.600) (For Pb.
Rs. 100 and Rs. 400), respectively, without the sanction of the Deputy
Inspector-General or the Inspector-General, as the case may be.
NOTE:-
The provisions of this rule do not apply to the Criminal Investigation
Department.
15-6.
Payment of rewards. When possible all rewards shall be paid by the
Superintendent in person or by some other gazetted police officer. Payment
shall be made as promptly as possible. When a reward has been offered or is
given for specific information or for a particular action, such as the arrest
of an absconder, it is unnecessary to wait till the case, with which the action
is connected, has been decided, and payment should be made immediately.
15-7.
Rewards to police officers. (1) Subject to the limits in rule 15.5 reward in
cash or of articles of value may be granted to police officers for
exceptionally good work done in connection with the administration of the law,
the maintenance of peace, safety and good order and for conduct displaying
exceptional address, acuteness, industry, fidelity or courage.
(2) If a Superintendent in any case
considers that a large reward should be given than he is empowered to give he
shall submit a recommendation to the Deputy Inspector General for such reward
as he may think necessary stating the circumstance of the case in Form 15.7(2).
(3) The grant of every reward under these
rules shall be accompanies by the grant of a commendation certificate, and an
entry shall be made in the character roll of the recipient as required by rule
15.3.
(4) The minimum monetary reward that shall
ordinarily be granted to Inspector is Rs.50 and to Sergeants and Sub-Inspector
Rs.25 and to Assistant Sub-Inspectors Rs.15. Such officers shall ordinarily be
rewarded for good service by an entry in their character rolls.
(5) All certificates granted under this or
other rules in this chapter shall be shown at kit inspections; no other
certificates or testimonials shall be so shown or entered in character rolls.
15.8. Rewards payable by law.—(1) Under Section 41
of the Police Act, 1861, rewards payable by law to informers shall, when the
information is laid by a police officer, be credited to the General Police
Fund, but rewards payable by law for arrests shall, when the arrest is made by
a police officer, be paid to such officer.
15.9. Rewards and Parman Patras to the public.—(1)
Subject to the limits imposed by rule 15.5 rewards may be given to persons who
are not police officers for assistance or information given to the police.
(2) An allotment for rewards to the public
is made every year to each district, and is at the joint disposal of the
District Magistrate and Superintendent of Police. The Superintendent of Police
may sanction and distribute rewards up to the limit of Rs.25 at any one time or
in any one case without previously consulting the District Magistrate, provided
that the latter is informed as soon as possible of the action taken. Where the
reward proposed exceeds Rs.25 at any one time or in any one case the District
Magistrate should first be consulted. It is of great importance that rewards
should be disbursed with the least possible delay, for which reason
consultation between the District Magistrate and the Superintendent of Police
should ordinarily take the form of verbal communication. When this is not
possible communication should be by demi-official letter. Where the reward to
be paid exceeds Rs.100 the Superintendent of Police shall submit the case for
orders to the Deputy Inspector General of Police under rule 15.5(1).
(4)
Parman
Patras up to a fixed maximum for each district, and of three classes, viz.,
Punjab Government, Commissioners, and Deputy Commissioner’ Parman Patras are
granted annually to persons who have given valuable assistance to the
administration. Prominent services rendered to the criminal administration by
influential residents of a district may suitable be recognised in this form to
the extent which the limit to the number of Parman Patras and the claims of
other departments admit. Superintendents of Police shall send their
recommendations for Parman Patras direct to their Deputy Commissioners once a
year so as to reach them by the end of April, when the latter will decide what
Parman Patras of the third class shall be given on account of services rendered
to the Police and what names shall be submitted to the Commissioner with
recommendations for Parman Patras of the two former classes.
15-10. Publication of rewards. In cases where rewards
have been granted to police officers, or members of the public, or officers of
other departments in recognition of work of an exceptionally meritorious or
dangerous nature, or in circumstances which are of interest to the public or to
the police force as a whole, a report in Form 15-10. Shall be furnished,
through the Deputy Inspector-General of the range, for publication in the
Criminal Intelligence Gazette and for such other publicity as the
Inspector-General may think desirable. Such report shall contain the names of
and particulars of the persons rewarded and a brief precis of the circumstances
showing clearly the nature of the services rendered by each of the persons
concerned.
15.11. Expenditure incurred in investigation of cases.
– Necessary expenditure incurred in the investigation of cases, which cannot,
under existing rules, be recovered from the Courts may be paid from the
Superintendent’s grant for rewards. When on account of the need of secrecy such
expenditure cannot be supported by the formal vouchers in From 10.33(1) details
and payees name shall be entered by the Superintendent in a account in a
confidential register to be maintained Form 15.11.
15.12. Rewards offered by private persons. – (1)
Police officers of all ranks are absolutely prohibited from accepting monetary
preferred to their to them by private persons : provided that the whole or
any part of a reward offered in the
circumstances covered by sub-rule (2) below may be paid, with the sanction of the Deputy Inspector General in each case,
to such police officers as may have earned it.
(2) When rewards are offered by private person’s, that
Superintendent of the district concerned shall required that the sum offered
shall be made over to him for deposit
with the Imperial Bank of India or in the Post Office Saving Bank and for
disbursement according to his own judgment and in his public capacity.
Superintendent may accept and disburse rewards so offered up to maximum sum
which they are necessary both as regards the
acceptance of offers and the disbursement of larger amounts, and for
payments of any sum so offered to a police officer.
(3) When the amount of a reward so offered is not
deposited in advance, and when property for the recovery of which such rewards
was offered come into the hands of the police, the Superintendent concerned
shall, if the reward offered is not paid, apply Indian Contract Act untill such
rewards id paid.
15.13. Advertisement of records. – When the offer of
rewards, whether by Government or to be private persons, is published by a
officer, care must be taken, in drafting the announcement, to particularise the
type of assistance, e.g. arrest, assistance in arrest, or information leading
to arrest for which the reward is offered, and in every case the announcement
shall specifically reserve to the
authority making it the right to decide finally by whom the reward offered has
been earned, or in what proportions it shall be divided among several
claimants: provided the conditions of the announcement are, in the opinion of
the authority making it, fulfilled, the whole amount of reward offered shall
invariable be disbursed.
All offers of reward shall be in force for the year
only, and at the end of the that time the offer shall be reviewed and, if
considered necessary, renewed.
NOTE:- No advertisement of a reward offered by a
private person shall be published by a police officer, unless the amount has
first been deposited under rule 15.12.(2).
15.14. Rewards offered by officers of other
departments. – (1) Deputy Commissioners are authorized to pay rewards up to 200
in valid to police officers of and below the rank of Sub-Inspector for good
work done in connection with the prevention and detection of offences against
the excise laws. Rewards of higher value and rewards to Inspector may be given
on the authority of the Financial Commissioner. Such rewards and commendations
certificates issued by the excise administration shall be forwarded through the Superintendent
of Police under whom the police officer rewarded id serving and entries shall
be made in such officer’s character roll, as directed in rule 15.7.
(2) Rewards or commendations certificates offered by
other Government departments to enrolled police officers for special rendered
in the public service shall be similarly forwarded through the Superintendent
concerned. Such rewards may oridinarly
be accepted by the police officers concerned, but gratuites offered by
officials of other departments for service of a personal nature rendered by
individual police officers may not be accepted. The acceptance of persoanl
testimonals from Government officials or members of the publice is prohibited.
(3) Cases in which the Superintendent is in
doubt whether a reward offered may or may not be accepted under this rule,
shall b e referred to the Deputy inspector General for decision.
15.15. Any person who apprehends an individual of the
following classes who is in a state of desertion, or absent without leave form
his unit ( other than an individual who voluntarily surrenders himself):---
Combatants ( including reservists)
Transport followers;
Men of the Indian Hospital Crops;
Will be granted a reward of Rs. 5.
Such rewards will be paid by the unit to which the
deserter belongs.
(2) A note of such rewards shall be made in the
character roll of the police officer to whom they are paid but a commendation
certificate shall not be given unless the Superintend considers that the
circumstances of the particular arrest merit it.
15.16. Rewards payable for recovery of dead
bodies—(1) The following rules regarding
rewards payable for the recovery of the cropes form
canals and rivers have been sanctioned by the Provincial Government:-
(a)
Any
person, not being a police officer of or above the rank of Sub-Inspector, who
takes a corpse out of a canal or river, or causes it to be so taken out, and
who thereupon makes it over to the headman of the village,. Within the area of
which the place of removal is situated, or to the police, shall be entitled to
a rewards of Rs. 10. Steps should be taken to given wide publicity to this
order.
(b)
It
shall be the duty of all canal official on observing a corpse in any canal with
which they are concerned to take it out of the canal or to cause it to be so
taken, out, and to make it over to the headman of the village within the area
of which the place of removal is situated, or to the police. Such canal
official will be eligible for the reward of Rs. 10 above mentioned.
(c)
A
similar obligation lies upon all lambardars, chaukidars, patwaris, all owners
or occupiers of land, all agents of such owners or aoccupiers, of land, all
agents of such owners or occupiers, and all officers employed in the collection
of the revenue, as well as upon all police officers and this obligation should
be brought to the special notice of such persons residing on or near the banks
of rives or canals, and they should be directed to act in such cases as if
there were grounds for suspecting foul play. Such persons, excepting police
offices of or above the rank of Sub-Inspectors, will be eligible for the reward
of Rs. 10.
(2)
Such
rewards shall be paid at once by Superintendents form their contingent grant
for “ Rewards”
15.17. Arrest of members of criminal tribes—A
police officer, or any person in strumental in the arrest of a person
registered under the criminal Tribes Act, who is found absent form his village
without a pass, shall be entitled to a reward of Rs. 10 upon the conviction of
the offender. Expenditure on such rewards shall be made from districat
allotments.
15.18. For the arrest of a proclaimed
offender—Liberal rewards shall be offered and promptly disbursed for the arrest
of proclaimed offenders. The fullest publicity shall be given to officer of
such reqards, the amount of which shall be fixed in relation to the importance
of each case.
15.19. The Royal Humane Society’s Medal—When a
police officer acts with conspicuous courage in saving or attempting to save a
person form drawing, application may be made, through the ordinary channel, on
behalf of such officer, for the grant of the Royal Humane Society’s Medal. The
necessary form for any such application may be obtained form the office of the
Inspector-General.
15.20. Presidents Police and First Service
Medal and Police Medal. (1) The rules
regarding the “President’s Police and Firse Services
Med al.” Are given in Appendix 15.20 (1) Receiptients of the medal or bar to
the medal shall, where the decoration is awarded for an act of gallantry be
entitled to monetary allowances subject to the conditions and rates laid down
in the above appendix.
Recommendations, accompanied in the case of
non-Gazetted officers by the Character
Roll, should be submitted (in form 15.21) through
Deputy Inspector-General, spect of which the recommendation is made, except in
cases where the facts establishing the conduct of the nominee are not free form
doubt or where the conduct of the police has given rise to considerable public
criticism. When before deciding to make recommendation. It must be clearly
stated whether the occurrence in respect of which a recommendation is made is
likely to be the subject of judicial proceedings. Recommendations for
distinguished service should reach the Inspector-General of police by the 15th
May and 15th December in each year.
It should invariably be stated whether the officer
recommended officer recommended for the decoration has ever incurred censure or
been concerned in proceedings that have been censured by a Court of Law.
(2)
The
rules regarding the “ Police Medal” are contained in Appendix 15.20 (2).
The particular acts of services for which
recommendations are made should be described in the same detail and form as in
the case of recommendations for the “ President’s Polie and Fire Services
Medal. Recommendation for the grant of the medal should reach the
Inspector-General through the Deputy Inspector-General not later than 15th
May and 15th December, each year.
(3)
Awards
of “President’s Police and Fire Services Medal” and the “ Police
Meal” shall be recorded in their history of services
in the case of Gazetted Officer; names of all recipients of the medal are
published in the Punjab Civil List.
(4)
All
awards of the “ President’s Police and Fire Services Medal” and of the
“Police Medal” to enrolled officer shall be announced
publicily at a muster parade at the headquarters of the district in which the
officer receiving the awards is serving. The number, rank and name of every
recipient of the “ Presidnet’s Police and Fire Services Medal “ shall be
immediately after the publication of the awards, be inscribed in gold letters
on the “ President Police and Fire Services Meal Roll board (as prescribed in
Punjab Police Gazette Memo. No. 694, dated the 11th March, 1927, for
the previous King’s Police Medal) particualrs of the award as published in the
Government Gazette, shall be copied in to the Character Roll of the receipient
and the words of “ President’s Police and Fire Services Medal List” shall be
endorsed in block capitals on the front outer cover thereof. Further
instruction s regarding the special recognition of awards of the “ President’s
Police and Fire Services Medal” are contained in rule 13.19.
15.21. Conferment of Titles and Orders.—Deputy
Inspector-General and Superintends Police have been supplied confidentially
with instructions regarding he submission of recommendations of Titles and
Orders ( Confidential Memo. S-860, dated 15th October, 1931). All
recommendations shall be submitted ( in Form 15.21) through Deputy
Inspector-General so as to reach the Inspector-General not later than the 15th
of July and the 15th December in each year.
15.22. Certain recommendation to be kept
confidential.—The fact that a recommendation
has been or is about to be made under rule 15.19 and
15.21 inclusive shall be kept strictly confidential, and shall not be
communicated to the person recommended. Enquiries necessary for the filling up
of recommendation rolls shall be made by indirect means by the Superintendent
himself or another gazetted officer.
15.23. Special rewards and grant of land or
jagirs in recognition of exceptional services—(1). The grant of land by way of
reward is regulated by questions of policy, the availability of land for the
purpose and orders issued by government form time to , time. Conditions of such
grants are, therefore, liable to be varied at any time and the practice of
making them may be discontinued altogether.
(2)
A
limited area of Crown agricultural land in the Nili Bar Colony is still available
for sale at fixed rates as a special case to serving and retired civil
officials with outstanding on the following conditions:---
(i)
Retied
officials and serving officials, who are within three years of retirment, are
eligible.
(ii)
Only
those officials are eligible a substantial period of whose service he been
under the Punjab Government.
(iii)
Every
applicant for a grant either serving or retired must state whether he holds
land in any colony either by succession or otherwise.
(iv)
(a)
The maximum size of grants for officers of the All-India services and officers
of the Provincial Services Class I or holding listed posts, or who were holding such posts at the time of
retirement, is five rectangles.
(v)
For
other officers of the Provincial Services the limit is four rectangles.
(vi)
For
officers of the Subordinate Services the maximum limit is two rectangles.
(vii)
The
price, payable by the grantee, will be the estimated marked value at the time,
as estimated by Government. The estimated value is boradly based on the average
price of the most recent public auction.
(viii)
The purchaser is required to pay the full
purchase price in the treasury within four months of the date of receipt of
Government orders by him otherwise the offer to sell the land lapses.
(ix)
After
Government sanction has been accorded to the sale and communicated to the
grantee the offer remains open for a period of four months.
(x)
The
land is selected by the Colonization officer, Nili Bar Colony, whose selection
is final.
(xi)
The
deed of conveyance is executed stamped and registered byand at the expense of
the grantee in the form reproduced at pages 74 to 79 of the Punjab Colony
Manual, Vaume II (1942 Edition), as soon as the land is available for immediate
possession.
(xii)
Possession
of the land is granted with effect form the harvest determined by the
Colonzation officer.
(3)
Land
set aside by Government for grant as police rewards may be given:-
(A)
To
non-officials:---
(i)
IN
recognition of services involving exception risk, where a non-official has
actually endangered his life in
combating crime.
(ii)
In
recognition of definite services of “ a
specially distingushed nature in the suppression of particular forms of crime,
or in co-operating with the police in measures for the suppression of crime
extending beyond the general and cordial
support, which zaildars, inamdars, headmen, etc. are bound to give to the
police administration.
(iii)
To
the dependents of non-officials who lose their lives in helping the police and
because of their help to the police.
(B)
To
police Officers:---
(i)
Who
have actually endangered their lives in combating crime;
(ii)
To
dependents of police officers who lose their lives on duty either instead of
extraordinary pensions or to supplement such pensions.
All
grants under sub-rule(3) may be free or on peasant terms, each case being
decide don its merits.
(4)
Serving
police officers may, within thee years of retirments, apply through the usually
channel and retired police officer may apply direct toe the Inspector-General
of Police forth grant of land at cnocessionary rates of purchase. Every applicant
must state whether he holds land in any colony either by succession or other
wise. No action will be taken on any application that does not contain this
information Superintendents of Police and Deputy Inspector-General may reject
applications from officers who cannot afford to make the necessary payments or
whose service are clearly not outstanding.
Recommendations under sub-rule (3) (A) may be
Initiated by Superintendents of Police and should be forwarded through the
District Magistrate, the Commissioner and the Range Deputy Inspector-General to
the Inspector-General by the 15th January each year. Recommendations under sub-rule (3) (B) may be
initiated by Superintendents of Police and forwarded through the Range Deputy
Inspector-General to the Inspector-General by the 15th January, each
year.
No special form is prescribed for recommendations
under this rule, but all the information must be included which is necessary to
assist Government in reaching a
decision. The circumstances must be clearly stated, and the suitability of the
reward recommended, in view both of the services rendered and of the position
and existing resources of the proposed recipient, must be explained. In each case it must be clearly stated
whether the proposed recipient has already received, direct, or by inheritance
or is in expectation of receiving by inheritance any grant of land. In no case should the fact that a
recommendation has been made be communicated to the person recommended.
5.
Government
has power to create jagirs on condition of continued good conduct and steadfast
loyalty to His Majesty the King Emperor and active good service to the public
or to the Government established by law in British India, rendered to the best
of the Jagirdar’s ability and power.
Proposals in respect of the police under this sub-rule shall be
initiated officially by the Inspector-General of Police.
15.24
Return
of rewards. -- Every Superintendent
shall, on or about the 5th of each month, prepare and despatch to
the Deputy Inspector-General a return in Form 15.24 of all rewards given to
police officers and others, which have been debited to the police budget
grant. Such return shall be filled after
the examination in the Deputy Inspector-General’s office.
In such return shall be recorded all rewards charged
to the police budget by whom soever given.
The President is pleased to institute the following
award to be conferred on members of the Police Force and organised Fire
Services throughout the Indian Union in consideration of meritorious services or
gallantry and outstanding devotion to duty to be designatd “President’s Police
and Fire Service Medal” and to make, ordain and establish the following statutes governing the medal, which shall be
deemed to have effect from the twenty-sixth day of January in the year one
thousand nine hundred and fifty:-
Firstly.-- The
award shall be in the form of a medal and styled and designated the “President’s
Police and Fire Services Medal” (hereinafter referred to as Medal).
Secondly.-- The
medal shall be circular in shape, made of silver, one-and-three-eight inches in
diameter, and shall have embossed on the obverse the design of the President’s
flag on a shield in the centre and words “President’s Police and Fire Services
Medal” above and “India” below the shield along the edge of the Medal separated
by two five pointed heraldic stars. On
the reverse, it shall have embossed the State Emblem in the Centre and the words “FOR GALLANTRY”, or “FOR DISTINGUISHED
SERVICE” as the case may be, along the lower edge and a wreath joined by a
plain clasp at the top along the upper edge.
On the rim the name of the person to whom the medal has been awarded
shall be inscribed.
Thirdly.-- The
medal shall only be awarded to those who have eigther performed acts of
exceptional courage and skill or exhibited conspicuous devotion to duty as
members of a recognised Police Force or Fire Service within the territory of
India.
Fourthly.-- The
names of those to whom this medal may be awarded shall be published in the
Gazette of India and a Register of such names hall be kept in the Ministry of
Home Affairs by such person as the President may direct.
Fifthly.-- Each
medal shall be suspended from the left
breast and the riband, of an inch
and three-eight in width shall in the case of distinguished service, be half
blue and half silver while, and in the case of awards for acts of exceptional
courage and gallantry the riband will be half blue and half silver while, the
two colours being separated by a vertical red line 1/8 in width.
Sixthly.-- Any
act of gallantry which is worthy or recognition by the award of the PRESIDENT
POLICE AND FIRE SERVICE MEDAL but is performed by one upon whom the decoration
has already been conferred, may be recorded by a Bar attached to the riband by
which the medal is suspended. For every
such additional act an additional Bar may be added and for each Bar awarded a
small silver rose shall be added to the riband when worm alone.
Seventhly.-- It
shall be competent for the President to cancel and annul the award to any
person of the above decoration and that
thereupon his name in the Register shall be erased. It shall, however, he competent for the
President to restore any Decoration which may have been so forfeited. Every person to whom the said Decoration is
awarded shall, before receiving the same,
enter into an agreement to return the medal if his name is erased as
aforesaid. Notice of cancellation or
restoration in every case shall be published in the Gazette of India.
Eightly.-- It
shall be competent for the President to make rule to carry out the purpose of
these statutes.
(1)
Recommendations
for awards on the ground of conspicuous gallantry shall be made as soon as
possible after the occasion on which the conspicuous gallantry was shown; and
in special circumstances recommendations for awards on other grounds may be
made at any time for an immediate award.
(2)
All
recommendations shall state the name and rank of the person recommended, the
name of the Police or Fire Services of which he is or was a member and
particulars of the gallantry or service for which the grant of the medal is
recommended.
(3)
The
number of medals awarded in any one year shall not exceed forty-five unless the
President is of opinion that special circumstances in any year justify the
award of medals in excess of that number.
(4)
The
medal shall be awarded:---
(i)
For
conspicuous gallantry in saving life and property, or in preventing crime or
arresting criminals, the risks incurred being estimated with due regard to the
obligations and duties of the officer concerned
(ii)
A
special distinguished record in police service.
(iii)
Success
in organizing Police or Fire Services, or in maintaining their organizations
under special difficulties.
(iv)
Special
service in dealing with serious or widespread outbreaks of crime or public
disorder, or fire.
(v)
Prolonged
service but only when distinguished by very exceptional ability and merit.
(5)
When awarded for gallantry the medal will carry a monetary allowance at the
rates and subject to the conditions set forth below. The charges thereof shall
be borne by the revenues of the State concerned.
(a)
The
allowance should be granted only to officers of and below the rank of Inspector
of Police.
(b)
The
amount of the allowance should depend on the rank of the recipient at the time
when the act of gallantry is performed and it should continue to be paid at
that rate on promotion to higher ranks (including ranks above that of
Inspector)
(c)
In
the case of an officer already in receipt of an allowance, an addition should
be made to the allowance on the award of a Bar to the Medal, according to the
rank of the recipient at the time when the services for which the Bar is
awarded are rendered: provided that if
at the time of the award of the bar the recipient is of higher rank than when
he was awarded the Medal, he shall be entitled to substitute for the original
allowance plus the additional allowance, the amount of allowance he would be
entitled to draw had he been awarded the
Medal in his present rank.
(cc) Where an officer who has already been awarded
either the King’s Police and Fire Services Medal or that Medal and a Bar or
Bars there to for gallantry is subsequently awarded the President’s Police and
Fire Services Medal for a further act of gallantry, he shall be paid a monetary
allowance attached to the Bar to the latter medal in addition to the original
allowance and not the full allowance attached to the Medal itself. Where an
officer has already been awarded the Indian Police Medal for gallantry, is
subsequently awarded the President’s Police and Fire Service Medal for further
act of gallantry, he shall be paid the full allowance attached tot he later
Medal in addition to the original allowance.
(d)
The
allowance should be granted from the date of the act for which the award is
given, and unless it is forfeited for misconduct, will continue until death.
Where an individual is in receipt of the allowance at
the time of his death, it shall be continued for life or till remarriage to his
widow (the first married wife having the preference).
The reason are allowance for the different
ranks will be as follows:---
Rank Allowance
for medal or Allowance
for Bar
Bar
awarded to an awarded
to an officer
officer
not already in already
in receipt
receipt
of an allowance of an allowance
Per
mensem Per
mensem
Inspector Rs. 25 Rs.
12
Deputy
Inspector, Rs. 15 Rs.
7
Sub-Inspector
and
Sergeant
Assistant
Sub-Inspector Rs. 10 Rs.
5
Head
Constable Rs. 7-8-0 Rs.
3-8-0
Constable Rs. 5 Rs.
2-8-0
(6) The medal is liable to be forfeited when
the holder is guilty of disloyalty cowardice in action or such conduct as in
the opinion of the President, bring the force into disrepute.
(7) Recommendations for the announcement of
awards for distinguished service on the 26th January (Republic Day)
and the 15th August (Independence Day), should be forwarded so as to
reach the Secretary to the Government of India, Ministry of Home Affairs, not
latter than the 1st August, and the 1st March, respectively,
The President is pleased to institute the following award to be conferred on
members of the Police Force throughout the Indian Union in consideration of
meritorious services or gallantry and outstanding devotion to duty to be
designated “Police Medal” and to make, ordain and establish the following
statute governing the medal, which shall be deemed to have effect from the
twenty-sixth day of January in the year one thousand nine hundred and fifty.
Firstly.—The
award shall be in the form of a medal and styled and designated POLICEMEDAL
(hereinafter referred to as the Medal).
Secondly.—The
medal shall be circular in shape, made of bronze, one-and-three-eighth inches
in diameter, and should have embossed on the obverse the State Emblem in the
Centre, and the words “Police Medal” above and the State motto “Satyameva
Jayate” in Devnagri script at the bottom of the State along the edge of the
medal separated by two five-pointed heraldic stars. On the reverse, it shall
have embossed the words “FOR MERITORIOUS SERVICE” or “FOR GALLANTRY” as the
case may be, exactly at the centre enclosed between two parallel straight lines
connected at either end to each other by a concave line and the words “INDIAN”
above and “POLICE” below, the whole being encircled by a Wreath joined by a
plain clasp at the bottom. On the rim the name of the person to whom the medal
has been awarded shall be inscribed.
Thirdly.—The
medal shall be awarded to only those members of recognized Police Force or of a
properly organized Fire Service within the territory of India who have
performed service of conspicuous merit and gallantry.
Fourthly.—The
names of those to whom this medal may be awarded shall be published in the
Gazette of India and a Register of such names shall be kept in the Ministry of
Home Affairs by such person as the President may direct.
Fifthly.—Each
medal shall be suspended from the left breast, and the riband of an inch and
three-eighth in width, shall be dark blue with a narrow silver stripe on either
side and a crimson stripe in the centre, and in the case of awards for acts of
conspicuous gallantry, each of the blue portions of the riband shall contain a
silver line down the middle.
Sixthly.—Any
distinguished conduct or act of gallantry which is worthy of recognition by the
award of POLICE MEDAL, but is performed by one upon whom the Decoration has
already been conferred may be recorded by a bar attached to the riband by which
the medal is suspended. For every such additional act an additional bar may be
added and for each Bar awarded a small silver rose shall be added to the riband
when worn alone.
Seventhly.—It
shall be competent for the President to cancel and annul the award to any
person of the above medal and that thereupon his name in the Register shall be
erased. It shall, however, be competent for the President to restore any Medal
which may have been so forfeited. Every person to whom the said Decoration is awarded shall, before
receiving the same, enter into an agreement to return the medal if his names is
erased as aforesaid. Notice of cancellation or restoration in every case shall
be published in the Gazette of India.
Eighthly.—It
shall be competent for the President to make rules to carry out the purposes of
these statutes.
Rules
governing the award of Police Medal
(1)
Recommendations
for awards on the ground of conspicuous gallantry shall be made as soon as
possible after the occasion on which the conspicuous gallantry was shown and in
special circumstances recommendations for awards on other grounds may be made at
any time for an immediate award
(2)
Each recommendation will state the name and rank
of the person recommended, the Police Force or Fire Service of which he is or
was a member and particulars of the action or service for which the grant of
the Medal is recommended.
(3)
The
number of medals awarded in one year (excluding bars) shall not exceed one
hundred and seventy-five but if the President
considers that special circumstances in any one year justify the award
of medals in excess of one hundred and seventy-five the number shall not exceed
two hundred.
(4)
The
medal will be awarded:---
(i)
for
conspicuous gallantry, awards for gallantry will be made as soon as possible
after the even occasioning the grant;
(ii)
the
valuable service characterized by resource and devotion to duty including
prolonged service of ability and merit.
(5) (a) When
awarded for gallantry the Medal will
carry subject to the conditions set forth for the President’s medal a monetary
allowance at half the rates sanctioned for the award of the PRESIDENT’S MEDAL
for gallantry. The charges thereof shall be borne by the revenues of the State
concerned.
(b) Where
an officer who has already been awarded either the Indian Police Medal for that
Medal and a Bar or Bars thereto for gallantry is subsequently awarded the
Police medial for a further act of gallantry, he shall be paid a monetary
allowance attached to the Bar to the latter Medal in addition tot he original
allowance and not the full allowance attached to the Medal itself. Where an
officer, who has already been awarded
the King’s Police and Fire Service Medal for gallantry, is subsequently awarded
the Police Medal for a further act of gallantry, he should be paid the full
allowance attached to the latter Medal in addition tot he original allowance.
(6) The medal for gallantry shall be worn
next to and immediately after the PRESIDENT’S MEDAL for distinguished service.
(7) The award of the medal will not be a bar
to the subsequent award of the PRESIDENT’S MEDAL.
(8) The medal is liable to be forfeited when
the holder is guilty of disloyalty, cowardice in action or such conduct as in
the opinion of the President, brings the force into disrepute.
(9) Recommendations for the announcement of
awards for meritorious service on the 26th January (Republic Day)
and the 15th August (Independence Day) should be forwarded so as to
reach the Secretary to the Government of India, Ministry of Home Affairs, not
later than the 1st August and 1st March, respectively,
each year.
FORM No. 15.3-A
PUNJAB POLICE
SEAL
Commendation Certificate (Class 1).
________________
Dated Inspector-General
of Police,
Punjab
The 19
FORM No. 15-3-B.
PUNJAB POLICE
SEAL
Commendation Certificate (Class II).
Dated Deputy
Inspector-General of Police
Range
The 19
FORM No. 15.3-C.
PUNJAB POLICE
SEAL
Commendation Certificate (Class III).
Granted
to ,Son
of ,resident
of Village ,Police
Station ,District , in
recognition
of .
Dated
The 19 Superintendent
of Police
Note
(i) – if a police officer, add
rank and number in line I.
Note (ii)-
Cash rewards, if any, to be specified.
FORM No. 15.7(2)
POLICE
DEPARTMENT ___________________
DISTRICT
APPLICATION FOR SANCTION TO PAYMENT OF A REWARD
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8
|
|
|
|
|
|
AMOUNT OF PROPETRY
|
|
|
|
|
No.
|
Name of person recomm-ended if (a Police Officer,
give Rank and Number
|
Amount of Reward recommended
|
Particulars of offence in which reward is offered,
giving date of offence with date of offer of reward and of recovery of
property
|
Stolen
|
Recovered
|
Details
of service rendered
|
If the reward is offered by a private person, his
name and status, etc., together with a copy or translation, if in vernacular
of original letter offering the reward
|
Remarks by forwarding authority
|
|
|
|
|
|
|
|
|
|
|
Dated ______________________ Superintendent of Police.
The _______________19
______ Sanctioned. Deputy
Inspector-General of ___________ Range
Assistant
Inspector-General of Police, Punjab,
(Standard Form)FORM No.
15.10
(For publication in Police
Gazette)
REWARDS SANCTIONED FOR
SPECIAL GOOD WORK
|
1
|
2
|
3
|
4
|
|
District
|
Name and rank of officer
rewarded
|
Amount
|
REMARKS
|
|
|
|
|
|
FORM No. 15.10
Confidential
ACCOUNTS SHOWING DETAILS OF
CONTINGENT EXPENDITURE INCURRED FROM HEAD “REWARDS”
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
Month and date
|
First Information Report,
No. and date
|
Brief description of the
cases
|
Amount paid
|
Name of person to whom paid
|
Nature of penditure
|
Reference to contingent
Voucher No.
|
Initial of Superintendent
and Deputy Inspector General
|
FORM NO. 15.21
POLICE DEPARTMENT
DISRTICT
RECOMMENDATION FOR THE GRANT
OF ORDER, INDIAN TITLE OR MEDAL
|
Serial No.
|
Name and designation of
officer recommended
|
Head under which Order,
title or medal is recommended
|
Ground of recommendation
|
|
|
|
|
|
FORM No 15.24
POLICE DEPARTMENT
DISTRICT
REWARDS RETURNED FOR THE MONTH
OF____________19________.
Date __________19___________
REWARDS TO GOVERNMENT
SERVENTS
|
1
|
2
|
3
|
4
|
5
|
|
TO WHOM AWARDED
|
Total
|
Service for which awarded
|
|
Name
|
Constabulary No
|
Length of service
|
|
|
|
|
|
|
TO GOVERNMENT SERVENTS
|
1
|
2
|
3
|
4
|
5
|
6
|
|
Constabulary No
|
ON WHOM CONFERRED
|
Amount
|
Service for which and by
whom given
|
|
Name
|
Rank
|
Grade
|
|
|
|
|
|
|
|
TOTAL :
|
|
TOTAL BUGET GRANT
|
Amount spent up to
date :
Balance available :
|
TO PRIVATE PERSONS- MONEY
REWARDS- PAID FROM POLICE GRANT
|
1
|
2
|
3
|
4
|
5
|
|
Serial No.
|
Name
|
Profession or calling
|
Amount
|
Service for which given
|
|
|
|
|
|
|
|
|
|
Total . .
|
|
|
TOTAL BUDGET GRANT
. .
|
Amount spent up to
date . .
Balance available
|
O PRIVATE PERSONS – MONEY REWARDS
– PAID FROM
DEPUTY COMMISSIONERS’ GRANT
|
1
|
2
|
3
|
4
|
5
|
|
Serial No.
|
Name
|
Profession or calling
|
Amount
|
Service for which given
|
|
|
|
|
|
|
|
|
|
Total . .
|
|
|
TOTAL BUDGET GRANT
. .
|
Amount spent up to
date . .
Balance available
|
(Standard Form.)
Dated ________________ Superintendent
of Police.
_________ 19 _________
CHAPTER XVI – PUNISHMENTS.
16.1. (1) No
police officer shall be departmentally punished otherwise than as provided in
these rules.
(For Haryana – In Chapter XVI for the words “Deputy
Superintendent of Police (Administration), Government Railway Police, or
Assistant Superintendent Government Railway Police” wherever occurring, the
words “Superintendent of Police, Railways” shall be substituted – Vide No.
G.S.R. 44 dated 26.3.1982).
Authorized punishments – (2) The departmental
punishments mentioned in the second column of the subjoined table may be
inflicted on officers of the various ranks shown in the heading Nos. 3 to 6, by
the officers named below each heading in each case, or by any officer of higher
rank:---
TABLE ON NEXT PAGE
A
Deputy Inspector-General may prohibit by special order a Superintendent
officiating in a vacancy of less than six months’ duration from carrying out an
award made by him of dismissal, reduction, stoppage of increment, or forfeiture
of approved service for increment unless the until such award has been
confirmed by him.
For
the words and brackets “The Assistant Superintendent, Government Railway
Police, and (except in cases where the offenders are sergeants) ‘Deputy
Superintendents incharge of Railway Police Sub-Divisions exercise the full
disciplinary powers of a Superintendent of Police in respect of the provisions
of this Chapter, within the limits prescribed in the above Table”, the words
and brackets “The Assistant or Deputy Superintendent (Administrative)
Government Railway Police or in charge of Railway Police Sub-Divisions and
Officer-Incharge, Constables Advanced Training Centre, shall exercise the full
disciplinary powers of a Superintendent of Police in respect of the provisions
of this chapter, within the limits prescribed in the above table;
Provided that in the case of a Government service
already appointed the punishment of dismissal, removal, reduction in rank or
stoppage of increment shall be imposed by the Authority who appointed him”
shall be substituted.
(3)
For the purpose of these rules the term ‘major punishment’ shall mean the
stoppage of increment, reduction in rank and dismissal and the term ‘minor
punishment’ shall mean all other authorizes punishments.
16.1A
– Special provision with regard to impose the punishment of dismissal or
removal from service on any such Government servant unless he could be awarded
those punishments by the Deputy Superintendent of Police, Lahaul and Spiti or
the Assistant Superintendent of Police, Lahaul and Spiti, as the case may be.
(b)
Where the District Magistrate has started departmental proceedings against any
such Government servant he shall not be departmentally proceeded against on the
same allegations by any other authority posted in Lahaul and Spiti district.
16.1 Authorised punishments – (1) No police
officer shall be departmentally punished otherwise than as provided in these
rules.
(2)
The departmental punishments mentioned in the second column of the subjoined
table may be inflicted on officers of the various ranks shown in the heanding
Nos. 3 to 6, by the officers named below each heading in each case, or by any
officer of higher ranks.
TABLE
|
1
|
2
|
3
|
4
|
5
|
6
|
|
Serial No.
|
Departmental punishment
|
Inspectors
|
Sergeants, Sub-Inspectors and Assistant
Sub-Inspectors
|
Head Constables
|
Constables
|
|
1
|
Dismissal
|
Deputy Inspectors-General, Assistant
Inspector-General, Government Railway Police, the Assistant
|
|
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
Serial
No.
|
Departmental
Punishment
|
Inspectors
|
Sergeants,
Sub-Inspectors, and Assistant Sub-Inspector
|
Head
Constables
|
Constables
|
|
2.
3.
|
Reduction
in rank
Stoppage
of increment
|
Assistant
Inspector General, Government Railway Police; Superintendents of Police,
Assistant Inspector-General of Police (Traffic)
Ditto
|
Superintendents
of Police. Also Deputy Superintendent (Administrative), Government Railway
Police, and (as regards Sub-Inspectors
and Assistant Sub-Inspectors only), Deputy Su8perintendent in-charge of
Railway Police Sub-Division and officer-in-charge officer-incharge of the
Police Recruits Training Centre,
Amritsar
Ditto
|
Superintendent
of Police, also senior Assistant Superintendent of Police Lahore, Deputy
Superintendent (Administrative)
Government Railway police, Deputy Superintendent –in-charge of Railway police
Sub-Division and officer- in charge of the Police Recruits Training Centre,
Amritsa
Ditto
|
Superintend
of Police Deputy Superintendents ( Administrate) Government Railway Police,
Deputy Superintendents in-charge of Railway Police- Sub Division Senior
Assistant Superintend of Police
Lahore; Officers-in-charge of Recruits Training Centre
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
4
|
Entry
of censure
|
Superintendent
of Police and Deputy Superintend ( Administrative ), Governemnt Railway
Police
|
Superintendent
of Police and Deputy
Superintendent(
Administrative), Government Railway Police, and (as regards Sub-Inspectors
and Assistant Sub-Inspectors only) Deputy Superintendents in-charge of
Railway Police Sub-Divisions and Officer-in-charge of the Police Recruits
Training Centre, Amritsar
|
Superintendents
of Police, also Senior Assistant Superintendent of Police, Lahore, Deputy
Superintendent (Administrative), Government Railway Police, Deputy
Superintendent incharge of Railway Police Sub-Division and Officer-in-charge
of the Police Recruits Training Centre, Amirtsar
|
Superintendent
of Police, also Senior Assistant Superintendent of Police, Lahore, Deputy Superintendent
(Administrative),Government Railway Police, Deputy Superintendent incharge of
Railway Police-Sub-Division and Officer incharge of the Police Recruits
Training Centre, Amritsar, and subject to confirmation by the Superintendent
of Police, any Assistant Superintendent of Police or Deputy Superintendent of
Police of over three years’ gazetted service
|
|
5
|
Confinement to quarters for a period need exceeding
15 days
|
--
|
--
|
--
|
Superintendent of Police, also Senior Assistant
Superintendent of Police, Lahore, Deputy Superintendent (Administrative),
Railway Police, Deputy Superintendent in charge of Railway Police
Sub-Division and Officer in charge of the Police Recruits Training Centre,
Amritsar, and subject to confirmation by the Superintendent of Police, and
Assistant Superintendent of Police and Deputy Superintendent of Police of
over three years’ gazetted service Ditto
|
|
|
|
|
|
|
|
|
7
8
9
10
|
Punishment drill not exceeding 15 days Punishment
drill not exceeding 10 days punishment drill not exceeding drill not
exceeding 3 days
|
--
|
--
|
--
|
Ditto
Assistant and Deputy Superintendent Inspector
Sub-Inspectors
|
2
Where
an order imposing any punishment mentioned in rule 16.1 has been passed by the
Deputy Superintendent of Police, Lahaul and
Spiti or the Assistant Superintendent of Police, Lahaul and Spiti, as
the case may be, on any Government servant referred to sub-rule (1), an appeal
against such order shall lie to the District Magistrate, Lahaul and spiti.
SYNOPSIS
1.
Disciplinay
action-Wrong rule quoted.
2.
Distriction
between ‘reduction” and stoppage of increment.
3.
Expression
‘Reduction in rank’ in Article 311(2).
4.
Forfeiture
of approved service.
5.
Order
of dismissal by an authority lower in rank of the appointing authority.
6.
Re-employed-Competency
to hold enquiry as Police Officer.
7.
Stoppage
of increment or forfeiture of approved service.
COMMENTS
1.
Disciplinary
action Wrong rule quoted. Error is not
fatal to enquiry. Inspector General of
Police, Punjab vs. Amrik Singh, AIR 1973 Punjab 214=1973 Cur. LJ 45
2.
Distinction
between “reduction” and stoppage of increment.
Rule 16(1) of the Punjab Police Rules makes a clear distinction between “reduction”
and stoppage of increment or forfeiture of approved service for increment, the
two being distinct and separate punishments permissible under that rule. State of Punjab vs. Shri Kishan Das, 1971(2)
S.LR. 174
3.
Expression
“Reduction in rank” in Article 311(2).
Respondent being constable, there was no question of his being reduced
from a her post or rank to a lower post or rank. The order, nonetheless, reduced the
emoluments received by him as it deprivted him of the increments earned by him
as result of the approved service, he had put in having been forfeited. It also effected his seniority, and therefore,
chances of promotion.
The
expression ‘Reduction in rank’ in Article 311(2) of the Constitution of India
means reduction from a higher to a lower rank or post when imposed as a
penalty. An order forfeiting the past
service which has earned a Government servant increments in the post of rank he
holds, howsoever adverse it is to him affecting his seniority within the rank
to which he belongs or his future chances of promotion, does not attract
Article 311(2) of the Constitution of India.
The remedy is confined to the rules of service governing the post held
by Government servant. State of Punjab
vs. Shri Kishan Das, 1971 (2) S.LR. 174.
4.
Forfeiture
of approved service. Section 7 of the
Police Act, 1861, as applicable in the Union Territory of Delhi, had not been
amended so as to incorporate the punishment of forfeiture of approved
service. The respondents have not even
field their counter affidavit. Thus it
is to be held that during the relevant period when the said rule was enforced
in Delhi the said punishment under Rule 16.1(2) could not be impunishment in
question was imposed on the petitioner.
Ram Pat vs. Union of India and
others, 1984(3) S.LR. 756.
5.
Order
of dismissal by an authority lower in rank of the appointing authority. Submission is that the order of dismissal by
an authority lower in rank to the appointment is that the order of dismissal by
an authority lower in rank to the appointing authority alleged. The submission has no merit because it was a
Senior Superintendent of Police who had promoted the petitioner to the rank of
Head Constable by the order dated 27.2.1957 and the order of dismissal is by an
officer holding the rank of Superintendent of Police. We cannot accept the contention that the
dismissing authority was below the rank of the appointing authority. In both cases the authority was a
Superintendent of Police. Seniority in
service did not cause any disparithy in rank.
We find support from the observation contained in a Full Bench judgment
of his Court in Union of India vs. Surajbhan dated the 23rd of May
1969 by which LPA No. 86-D/65 was disposed of.
It was noticed in that judgment that in terms of Rule 16.1(2) of the Punjab Police Rules,
1934, a Superintendent of Police was expressly empowered to dismiss even an
Assistant Sub-Inspector. The Full Bench
had relied upon a decision of the Supreme Court reported in Union of India vs.
Jagit Singh, 1969 Services Law Reporter
356. In our view, the Superintendent of
Police was competent to pass the impugned order of dismissal because he was not
subordinate to the authority namely, the Senior Superintendent of Police, by
whom the petitioner had been appointed.
Shri Ibqal Singh, Ex-Head Constable Police vs. Inspector General of Police, Delhi and
others, 1971(2) S.LR. 257
6.
Re-employed—Competency
to hold enquiry as Police Officer. A
re-employed Deputy Supdt. of Police who had previously retired as Deputy
Supdt. of Police, was still a Police
Officer after he was re-employed and as such was competent to hold enquiry
as Police Officer. Union of Indai vs. Jagit AIR 1970 SC122= 1969
Cur. L.J. 438
7.
Stoppage
of increment or forfeiture of approved service
It is undoubtedly true that some punishments would have been emumerated
in both parts of Section 7. But there is
nothing to suggest that this enumeration is fully exhaustive in nature. The types of punishments which are
contemplated by Section 7 in both of its parts are merely enumerative. The section also does not say anything to the
effect that no punishment other than that which is specified in the Section
could be awarded to a delinquent officer.
In our opinion, therefore, it is clear that Section 7 does not debar the
rule make authority to prescibe the form of punishment which is not enumerated
therein. That being the position, it is
not possible to say that the punishment of stoppage of increment or forfeiture
of approved service is in any manner contrary to the provisions of Section
7. Shri Bhagat Ram vs. Inspector General
of Police, Himachal Pradesh and others, 1979(3) S.L.R. 256
(For Punjab)
16.2
Dismissal—Dismissal
shall be awarded only for the gravest acts of misconduct or as the cumulative
effect of continued misconduct proving incorrigibility and complete unfitness
for police service. In making such an
award regard shall be had to the length of service of the offender and his
claim to pension.
(2)
An
enrolled police officer convicted and sentenced to imprisonment on a criminal
charge shall be dismissed:---
“Provided
that in case the conviction of a police officer is set aside in appeal or
revision, the officer empowered to appoint him shall review his case keeping in
view the instructions issued by the Government in this behalf”.
(3)
When
a police officer is convicted judicially and dismissed, or dismissed as a
result of a departmental enquiry, in consequence of corrupt practice, the
conviction and dismissal and its cause
shall be published in the police Gazette. In other cases of ployed elswhere, a
full descriptive roll with particulars of the punishments, shall be sent for
publication in the police Gazette.
(For Haryana)
16.2.
Dismissal
–Dismissal shall be awarded only for the
gravest acts of misconduct as the cumulative
effect of continued misconduct
proving incorrigibility and complete unfitness for police service. In
making such n award regard shall be had to the length of service of the
offender a and his claim to pension.
“Explanation-
For the purposes of sub-rule(1) , the following shall, inter alia, be regarded
as gravest acts of misconduct in respect of a police officer, facing
disciplinary action-
(i)
indulging
in spying or smuggling activities;
(ii)
disrupting
the means of transport or of communication;
(iii)
damaging
public property;
(iv)
causing
indiscipline amongst fellow policemen;
(v)
promoting
feeling of enmity or haltered between different classes of citizens of India on
grounds of religion, race, caste, community or language;
(vi)
going
on strike or mass casual leave or resorting to mass abstention;
(vii)
spreading
disaffection against the Government; and
(viii)
causing
riots and the life’
(2)
an enrolled police officer sentenced judicially to rigorous imprisonment
exceeding one month or to any other punishment not less serve, shall, if such
sentence is not quashed on appeal or revision, be dismissed. An enrolled police
officer sentenced bya criminal court to
a punishment of fine or simply imprisonment, or both or to rigorous
imprisonment not exceeding one month, or who, having been proclaimed under
Section87 of the Code of Criminal Procedure fails to appear within the
statutory period of thirty days may be dismissed or otherwise dealt with at the
discretion of the officer empowered to appoint him. Final departmental orders
in such cases shall be postponed until the appeal or are vision proceedings
have been decided, or until the period allowed for filling an appeal has lapsed
without appellate or reversionary proceedings having been instituted.
Departmental punishments under this rule shall be awarded in accordance with
the powers conferred by rule 16.1.
(4)
When
a police officer is convicted judicially and dismissed, or dismissed as a
result of a departmental enquiry, in consequence of corrupt practices, the
conviction dismissal and its cause shall be published in the Police Gazette. In
to there cases of dismissal when it is desired to ensure that the officer
dismissed shall not be re-employed elsewhere, a full descriptive roll, with
particulars of the punishments, shall be sent for publication in the police
Gazette.
1.
Absence without leave-Does not amount to
gravest act of misconduct.
2.
Adequacy or inadequacy of punishment.
3.
Amendment-Prior approval of Central
Government.
4.
An act of police officer being drunk
while on duty is an act of gravest misconduct.
5.
Claim to pension not considered at the
time of passing the order of dismissal.
6.
Competent authority fully applied his
mind before passing order of dismissal.
7.
Conviction-Effective date of dismissal.
8.
Departmental enquiry-Gailure to hold
9.
Dismissal form service for being absent
form duty.
10.
Dismissal form service having consumed
liquor on duty.
11.
Dismissal form service on the charge of
having committed gravest act of misconduct.
12.
Dismissal form service-Limitation
13.
Dismissal form service.
14.
Dismissal shall be awarded only for the gravest act of
misconduct
15.
Dismissal-Absence form office.
16.
Dismissal –After conviction in a
criminal case.
17.
Dismissal-Misconduct attributed-Whether
was of the ‘ gravest’ type
18.
Dismissal-Review- property of dismissal.
19.
Expression ‘ the gravest act of
misconduct- Meaning of.
20.
Grave misconduct.
21.
Grave act of misconduct while not being
capable of being put in a strait jacket.
22.
Gravest acts of misconduct-Meaning of.
23.
Gravest misconduct.
24.
Meaning of word ‘ Acts of Misconduct’
25.
Mere absence form duty for a few days
does not amount to an act of gravest misconduct.
26.
Misconduct-Meaning of.
27.
Nature of Rule 16.2—Operation of
amendment.
28.
New Plea-No grouse made before the appellate authority.
29.
Non-observance of the provisions of Rule
16.2 (1) of the Rules
30.
Order of dismissal based upon the
conviction.
31.
Order of dismissal not indicating that
the punishment authority was alive to the length of service of the petitioiner.
32.
Order or removal not disclosing that
officers were conscious of the existence of Rule 16.2
33.
Period of absence of the petitioner
after he was suspended.
34.
Petitioner along with the other Constable who participated in
the drinking and firing dismissed.
35.
Punishing Authority not recorded any
finding that the act of the respondent amounts to the gravest act misconduct.
36.
Punishment imposed wholly
disproportionate to misconduct and not warranting dismissal form service.
37.
Punishment not necessary for the
punishing authority to specifically mention in the impugned order.
38.
Punishment of dismissal can only be
awarded on the ground of gravest act of
misconduct.
39.
Punishment of dismissal to be imposed
only in cases of grave misconduct.
40.
Punishment whether proportionate to
allegations.
41.
Revision
42.
Rule talks of gravest acts of
misconduct.
43.
Suitability of punishment awarded by the
head of department.
44.
Term ‘ Misconduct’ does not necessarily
imply corruption criminal intent.
45.
Termination- Weather incumbent upon the
authority before awarding the punishment to take in to consideration the
lengthe of service and claim to pension of the delinquent employee.
COMMENTS
1.
Absence
without leave-does not amount to gravest act of misconduct. This Court has in a number of cases gone in
to the matter in order to find to what would really constitute a gravest act of
misconduct. A number of cases have been cited before us but we have chose to
pick up only one which deals with the question of absence without leave. In
Darshan Singh case, the learned single Judge has held that absence without
leave for almost 13 months would not in the circumstance that case amoutn to the gravest act of misconduct.
State of Punjab vs. Parlash. Chand,
Constable, 1992 (1) S.L.R. 174.
2.
Adequacy
or inadequacy of punishment. It must also be mentioned here hat the punishment
of dismissal form service should be awarded for gravest act of misconduct.
According to rule 19, the punishing authority is to decide whether the
punishment awarded is adequate or inadequate. On same principle, while
deciding the review petition, the
Reviewing Authority is to decide whether the punishment awarded is adequate or
inadequate taking in to consideration the length or service, record of service
and the nature of charges against the petitioner. Sucha Singh, Ex-Inspector of Police vs. State of Punjab and others,
1990 (4) S.L.R. 560.
3.
Amendment-Prior
approval of Central Government in Rule 16.2, by virtue of the change effected,
does not in any way affect the conditions of service of a police employee. So, the
question prior permission of the Central Government before effecting the
amendment, as envisaged in Section 82 of the Act, does not arise. State Singh, Countable and others vs. State
of Punjab and others, 1987 (4) S.L.R. 28.
4.
An
act of police officer being drunk while on duty is an act of gravest
misconduct. The act of a police officer being frank while on duty would amount
to an act of gravest misconduct within the meaning of rule 16.2(1) of the
Rules. It is not necessary for the punishing authority to specifically mention
in the impugned order about the length of service put in by a delinquent
officer which was already a part of the record and was well-known. The learned
Single Judge has set aside the impugned order of punishment taking this as the
second ground. Accordingly, we upset the reasoning of the learned Single Judge
in this regard. State of Haryana and others vs. Gurdev Singh, 1981 (3) S.L.R.
130
5. Claim
to pension not considered at the time of passing the order of dismissal. The
impugned order doe not indicate that the punishing authority examined the claim
of the plaintiff for pension having regard to the length of his service. It is
undisputed that the plaintiff had 7-1/2 years service to his credit on the date
the order of dismissal was passed. The rule enjoined upon the disciplinary
authority while awarding the punishment of dismissal from service to take into
consideration the length of service of the delinquent official and his claim to
pension. The impugned order does not indicate that the disciplinary authority
took into consideration the length of service of the plaintiff and his claim to
pension. The order of dismissal being in violation of the statutory rule was
rightly held to be invalid. The judgments of the Courts below suffer from no
infirmity. The same are upheld. State of Haryana and another vs. Lachman Singh
through L.Rs., 1991(2) RSJ 398
6. Competent
authority fully applied his mind before order of dismissal. The order of
dismissal passed on 24.4.1976 is illegal and void because no show-cause notice
was given to the plaintiff-respondent before passing the impugned order of
dismissal. In support of his argument the learned counsel has relied upon a
decision of the Supreme Court in Divisional Personnel Officer, Southern Railway
and another vs. T.R. Challappan, (1976)1 SCR 783, which has been overruled by a
later decision of the Supreme Court in Tulsiram Patel’s case (supra). The
plaintiff-respondent was convicted and had to undergo rigorous imprisonment for
six moths. The Senior Superintendent of Police, who was the appointing
authority, passed the impugned order Exhibit P-1 on 20.4.1976 dismissing the
plaintiff-respondent from service. The order is a detailed one and it clearly
shows that the punishing authority had fully applied its mind while passing the
order. No show-cause notice was necessary to be issued to the
plaintiff-respondent in this behalf. The impugned order is, therefore, legally
valid. The finding of the lower appellate Court on issue Nos. 1 is set aside.
Issue No. 1 is, therefore, decided against the plaintiff-respondent. State of
Punjab and others vs. Nachhattar Singh, Constable, 19991 (5) S.L.R. 451=1991(1)
RSJ 368
7. Conviction—Effective
date of dismissal. The petitioner shall be presumed to be in the know of rule
16.2 (2). It was, therefore, within the knowledge of the petitioner that he
stood dismissed from service in terms of rule 16.2(2) consequent upon the
dismissal of his criminal appeal by the High Court on 28.9.1973. The contention
of the learned counsel for the petitioner that the impugned order of dismissal
shall be effective w.e.f. 3.5.1978 when it was communicated to the petitioner
cannot be upheld.
The
petitioner has been dismissed from police force w.e.f. 30.8.1972 when he was
convicted and sentenced by the Sessions Judge, Roper. The petitioner stood
dismissed from service or a formal order of his dismissal could be passed
w.e.f. 28.9.1973 when his criminal appeal was dismissed by the High Court. The
petitioner, therefore shall be taken to have been dismissed from police force
w.e.f. 28.9.1973 and not w.e.f. 30.8.1972. Sucha Singh vs. State of Haryana and
others, 1983(3) S.L.R. 11
8. Departmental
enquiry—Failure to hold. The provisions of Article 311(2)(b) have been
arbitrarily invoked in this case. The findings have been arrived at the
recorded by the Deputy Inspector General of Police, on the basis of suspicion
and confidential inquiry. These inquiries cannot take the place of a regular
inquiry as envisaged in Article 311(2) of the Constitution, read with Section
16.2 of Punjab Police Rules. I am of the opinion that it was obligatory on the
Deputy Inspector General of Police in the present case to hold an inquiry as
laid down in Article 311 read with Rule 16.2 of Punjab Police Rules. Failure to
hold an inquiry would render the impugned order of dismissal from service as
illegal and void. Darshan Singh vs. State of Punjab and another, 1991(4) S.L.R.
102
9. Dismissal
from service having consumed liquor on duty. No doubt, even a single act of
misconduct can, in a given situation, amount to the gravest act of misconduct,
but the mandate of the rule making authority is clear that the punishment of
dismissal from service has not to be awarded in a misconduct of ordinary
nature. Ram Kishan vs. State of Punjab & Ors., 1990 (2) S.L.R. 488
10. Dismissal
from service—Limitation. The High Court should have examined the plaint for
finding out the cause of action for the suit and then in that light determined
the correct article of the Limitation Act applicable to the case. Serious
objection has been taken against the observations of the first appellate Court
permitting the competent authority to inflict only moron punishment on the
plaintiff in certain conditions and the direction about the payment of the
salary and the other emoluments. After hearing the learned counsel for the
parties, we agree with the appellants that the question involved in this suit
should not have been lightly brushed aside by the high Court in the manner it
has been done. We, therefore, set aside the judgment of the High Court and
remit the case to if for fresh disposal in accordance with law. It will be open
to the appellants to file an application for admitting additional evidence in
regard to the further orders passed against Kahan Singh subsequent to the civil
Court’s decree in his favor, and to argue before the High Court that the case
of the present plaintiff is distinguishable. The High Court should call for the
records and decide the case finally at the motion stage itself as the case is
an old one. In the event of admission of fresh evidence, the high Court shall
permit the plaintiff to file relevant rebutting evidence. State of Punjab and
others vs. Nachhattar Singh, 1990(4) S.L.R. 264
11. Dismissal
from service. Punishment of dismissal from service has not to be awarded in a
misconduct of ordinary nature. Ram Krishan Constable No. 141 vs. The State of
Haryana through the Director General of Police (Inspector General of Police ),
Haryana at Chandigarh and others, 1990(1) RSJ 637
12. Dismissal
from service. Second appeal by State dismissed in limine by High Court SLP.
Service questions of law involved. Case remanded to High Court for first
disposal in accordance with law. State of Punjab and other vs. Nachhattar
Singh, 1990(2) RSJ 71
13. Dismissal from service for being
absent from duty. A particular act may be grave or the gravest but an act
complained of may not be such that is must necessarily prove incorrigibility
and complete unfitness for police service. The dictionary meaning of work ‘incorrigibility’
is bad, beyond correction or reform. Only such a person can be said to be
incorrigible who cannot be reform. Only such a person can be said to be
incorrigible who cannot be reformed or corrected. When the word ‘incorrigible’
is used as an adjective, it relates to a person in a particularly given
situation may be held guilty of commission one of the gravest acts but the
punishing authority may still be of the view that such a person is not
incorrigible and he can be reformed or corrected. The punishing authority may
also be of the view that a person cannot be described to be one who is
completely unfit for police service. State
of Haryana vs. Lakhan Lal, 1991(4) S.L.R 82= 1991(3) RSJI 530
14. Dismissal form service on the
charge of having committed gravest act of misconduct. It has been held that “no
doubt Constable Ranjit Sing at Bakshikhana was responsible for the escape of
Jagir Singh but the petitioner does not get absolved of his responsibilities as
Incharge of the escort guard”. As it is the case of department itself that the
petitioner was not directly responsible as such, but he being over all
Incharge, was found guilty for the lapses on his part, it required consideration by the Appellate Authority as
regards the punishment awarded. Under these circumstances, the order passed in
appeal 04.08.1986 ( Annexure P-3) is quashed with the direction that the matter
may be reconsidered by the Deputy Inspector General of Police and appropriate
order which he may think fit be passed afresh. Balbir Singh vs. State of Punjab
and others 1989(4) S.L.R 42- 1989(2) RSJ 540.
15. Dismissal from service.
Constable is found under the influence of liquor while on duty is guilty of
such grave misconduct which would entail his dismissal from service/ Ex Const. Koginder Singh vs. The State of
Haryana and others, 1990(2) RSJ 757
16. Dismissal shall be awarded only
for the gravest acts of misconduct. The Deputy Inspector-General has, however,
made his mention in this impugned order Annexure P.8 the present single act of
the appellant is of gravest nature and his case in no way deserves leniency.
This observations has been made by the Deputy Inspector General in the context
of this service record of the petitioner on the basis of which it was pointed
out to him that the petitioner had by that time rendered nine years’
unblemished service and had done commendable work during the Indo-Pak War of
1971. But even this observation or the consideration by the Deputy Inspector
General of Police falls for shot of the requirements of sub-rule(1) of Rule
16.2 ibid. It has nowhere been recorded by any of the authorities concerned
that the petitioner was guilty of such ‘gravest’ acts of misconduct. The
cumulative effect of which can go to prove incorrigibility and complete unfitness
for police service. In the absence of such a finding the respondent authorities
could not resort to the punishment of dismissal on the basis of the charge
established against the petitioner. It is beyond dispute that the provisions
Rule 16.2 are mandatory in nature and any order in violation of the same has
necessarily to be set aside. Sukhdev
Singh vs, State of Punjab and others, 1983(2) SLR 645
17. Dismissal Absence from office.
After recording the evidence it has been categorically found by the Enquiry
Officer in Annexure P.13 that “the sanction of the Deputy Inspector General of
Police, Gurgaon, was obtained on June 2, 1983, but Constable Shiv Charan did
not reach Gurgaon till then. Thereupon, the Superintendent of Police (
Irrigation Department ) Chandigrah was approached, who replied that Constable
Shiv Charan was relieved from the office on May 17, 1983 and he had not
attended the officer thereafter. His whereabouts were required from the given
address, but his house found locked.” This is primarily a finding on fact and,
therefore, cannot be challenged in this writ petition. There is no error
apparent on the face of the record, even if two views were possible form the
evidence, the view taken by the Enquiry Officer and the punishing authority could
not be said to be illegal as to be interfered with in the writ jurisdiction,
The scope of the writ jurisdiction is very limited and it is not in the nature
of the appeal. Shiv Charan, Constable vs.
The Superintendent of Policem Gurgaon and ors., 1988(3) S.L.R 253
18. Dismissal After conviction in a
criminal case. A Government servant cannot be dismissed from service merely on
the ground that his conviction was recorded on a criminal charge by a criminal
court. In others words dismissal from service after conviction on a criminal
charge is not essentially on automatic consequence of said conviction and the
competent authority has to consider all the circumstances of the case and then
to decide whether the conduct of delinquent official which led to his conviction
is such as to render his further retention in public service understandable. In
support of his submission, the learned counsel relied upon Om Parkash vs. The Director Postal Services ( Posts and Telegraph Deptt
) Punjab Circle, Ambala and others, AIR
1973 Punjab and Haryana 1 and Gurbachan Dass vs. The Chairman, Posts &
Telegraphs Board, Ministry of Communication, Government of India, New Dehli and
others, 1983(1) SLR 729. In Om Parkash’s case ( Supra ) the Bench was
interpreting Rule 19(i) of the Central Civil Service ( Classification, Control
and Appeal ) Rules, 1965 ).
Interpreting this rule, the Bench held that an order of dismissal or removal or
for compulsory retirement can be passed under the rule 19(i) (without
conforming to the procedure prescribed in Rule 14 to 18 ) not on the basis of
the conviction, but only if the competent authority finds that the relevant
misconduct of the Government servants renders his further retention in public
service undesirable. An order imposing a punishment on a Government servant
simply because of his conviction on account of his conviction on a criminal
charge without reference to the conduct which led to his conviction on a criminal charge without reference to the conduct
which led to his conviction is not sustainable. Randhir Singh, Ex-Constable vs. State of Haryan and others 1991(3)
S.L.R. 719.
19. Dismissal – Misconduct
attributed – Whether was of the ‘gravest’ type. The penalty of dismissal from
service can be awarded only for ht gravest act of misconduct and the penalty of
dismissal from service could not be imposed on the petitioner on the proved
facts and circumstances of the case. It was incumbent on respondent No.3 to
come to a finding that the misconduct attributed to the petitioner was a gravest
act of misconduct. It was also necessary for the punishing authority to take
into consideration the length of service of the offender and his claim to
pension before he could be awarded the penalty of dismissal from service. The
disciplinary authority did not take note of the mandatory provisions of the
aforesaid sub-rule before passing the order of dismissal.
The disciplinary authority also did
not take into consideration the length of service of the petitioner for his
claim to pension before awarding the penalty of dismissal .
On this ground too, the order of
dismissal from service cannot sustained. Bhim
Singh vs. State and others, 1991 (3) S.L.R. 721=RSJ 408
20. Dismissal—Review –Property of
dismissal. – As to the effect of the order of the Deputy Inspector-General
dated 22nd November 1978, setting aside the earlier dismissal order
dated 3rd October 1977, passed by the Senior Superintendent of
Police, it may observed that the same, VIZ., the earlier order dated 3rd
October, 1977, passed by the Superintendent
of Police was clearly illegal as it had been passed in violation of the
provisions of unamended rule 16.2 of the Police Rules because under the
unamended Police Rule 16.2, as already observed, the orders of dismissal have
to await the decision of the appeal or the revision, but the Senior
Superintendent of Police passed the order of dismissal during the pendency of
the appeal. It was, therefore, rightly set aside by Duputy Inspector General of
Police by his order dated 22nd November, 1978. The impugned order
dated 11th June, 1979 has been passed by the competent authority
under rule 16.2 as amended, which of the employee concerned. This order cannot
be said to be an order of review of the order of the D.I.G., dated 22nd
November, 1978, Satnum Singh, Constable
and others vs. State and others, 1987(4)S.L.R 28
21. Expression “the gravest act of misconduct” Meaning
of. – The first contention raised on behalf of the petitioners is that although
he was admittedly guilty of misconduct, such misconduct could not be classified
as “the gravest act of misconduct” within the meaning of the sub-rule. The
contention appears to be well-founded. It is true that generally speaking, it
is for the punishing authority to determine the seriousness of the misconduct
and to decide upon the suitability of punishment and it is not within the ambit
of the powers of this Court to interfere with the direction of that authority.
But then there is an important exception to this rule and that is the Court
will strike down in order which has been passed want only or arbitrarily (vide
Bhagwat Parsad vs. Inspector General of Police and others, 1967 SLR 807). In
the present case it was incumbent on respondent No. 3, before he could award
the punishment of dismissal, to come to a finding that the misconduct
attributed to the petitioner was a “gravest act of misconduct”. It is true that
in the context in which that expression is used it does not mean an act which
is absolutely the worst act of misconduct and means, on the other hand, an act
denoting a very high degree of misconduct he posed to a merely grave or a very
grave act of misconduct (Bhagwat Prasad’s case, supra). But then it appears to
me that respondent No. 3 when awarding the punishment was not alive to the
provisions of the sub-rule otherwise he would not only not have awarded the
punishment of dismissal without coming to a finding that the misconduct attributed to the
petitioner was to the “gravest” type but would perhaps not have awarded that
punishment at all for the reason that the misconduct even though grave was not
of the “gravest” type. The lack of a finding about the misconduct being of the
requisite type makes the impugned order arbitrarily in nature and, therefore,
liable to be quashed.
According to the sub-rule, the
punishing authority is duty bound to take into consideration the length of
service of the offender and his claim to pension before it can award the
penalty of dismissal. The relevant part of the sub-rule is mandatory in
character and an order passed in disregard of it cannot be upheld. In the
present case the petitioner had to his credit about 27 year, of service on the
date when the impugned order was passed and this factor was completely ignored
by respondent No. 3 when awarding dismissal. Had the relevant factors been
taken into consideration by respondent No. 3 the punishment may well have been
much lighter. Gurdev Singh vs. State of
Haryana and others, 1976(2) S.L.R. 442.
22. Grave misconduct – The punishing authority has
clearly stated that the act of the respondent being drunk while on duty in
broad day light amounted to an act of gravest misconduct as contemplated by
rule 16.2(1) and that the impugned order was passed on this basis. While
imposing the punishment, it was taken into consideration that the respondent
was posted as State House Officer, incharge of Police Station, Ladwa, and while
noticing this fact in the impugned order it was clearly established that the
punishing authority was aware of the long service of the delinquent officer. As
both the things were present to the mind of the punishing authority and he
passed a well-considered and detailed order in seven page, we are of the
opinion that it is not a fit case for quashing the same with a direction of
reconsideration of the matter. The order of dismissal, in our opinion, is
well-based and is within the rule and is neither arbitrary nor wanton. For the
reasons recorded above, we hold that the act of a police officer being drunk
while on duty would amount to an act of gravest misconduct within the meaning
of rule 16.2(1) of the Rules. State of
Haryana and others vs. Gurdev Singh, 1981(3) S.L.R. 130
23.
Gravest acts of misconduct—Meaning of . It cannot be said that a single act of
misconduct however grave, can never result in dismissal. What really matters is
the enormity of the misconduct. The words “gravest acts of misconduct” are
incapable of definition. One has to apply one’s mind to the words and give a
meaning to each of them in the light of the actual deed, situation and
circumstances. “Misconduct” in order to earn the epithet of gravity has to be
gross or flagrant. Consequently the degree of misconduct to justify dismissal
has to be higher or more serious. The use of the superlative degree appears to
be intended to indicate a supereminence, or a very high degree of misconduct,
and not, that the degree should be so high or so low as cannot be outclassed or
excelled. It is for the Police Officer who Judge the infraction of the Police
Rules to determine the seriousness of the misconduct and to decide upon the
suitability of the punishment. It will not be within the powers of the High
Court, when petitioned to issue writ of certiorari, mandamus, etc., to
interfere with the discretion of the heads of the departments when it has not
been exercised want only or arbitrarily. The reasons which induce the punishing
authority, if there has been an enquiry consistent with the prescribed rules,
are not justiciable; nor is the penalty open to review. Bhagat Parshad vs. Inspector-General of Police, AIR 1970 Punjab 81 =
1970 P.L.R. (S.N.) 2.
24. Gravest act of misconduct while not being
capable of being put in a strait jacket – In Bhagwat Parsad’s case the word ‘misconduct’
used in the rule has been analyzed and it has been emphasized that a
distinction has to be drawn between ‘misconduct’, ‘simplicities’ and ‘grave
misconduct’. It has also been held that the gravest act of misconduct while not
being capable of being put in a strait jacket or confined to a definition must,
however, relate to an action which is of the utmost gravity and grossly
flagrant. It implies a matter of the utmost seriousness. State of Punjab vs. Parkash Chand, Constable, 1992(1) S.L.R. 174
25. Gravest
misconduct – This Court is of the considered view that even one act of
misconduct would be sufficient to attract the applicability of rule 16.2(1)
provided the act is gravest. The gravest act, of course, is incapable of any
strict definition. The distinction has to be drawn by the punishing authority
between misconduct and grave misconduct. Misconduct should not be of an
ordinary nature and it has to be of a serious nature. The use of the word ‘gravest’
only means that it has to be of a superlative degree than what a particular act
can just be described to be ‘grave’. The gravest act does not mean that the
number of acts complained of should be more than one. The use of the word ‘act’
in rule 16.2(1) can be said to include a single gravest act of misconduct. It
has to be held order to give effect to the legislative intendment that the word
used in plural in rule 16.2(1) would be deemed to include the ‘singular’. If
the punishing authority comes to the conclusion that a particular act of the
police official was one of the gravest, surely it would not be necessary to
wait for the commission of a second act of grave nature by the police official.
If such an interpretation is to be taken to the words ‘gravest’ acts of
misconduct’, the delinquent police official would commit a heinous crime in
order to contend that he does not fall within the mischief of rule 16.2(1). In
view thereof a single act of misconduct of gravest nature is good enough for
invoking the aid of rule 16.2(1) to award punishment of dismissal. However, a
single act or number of acts of misconduct of a police official must prove
incorrigibility and complete unfitness for police service. Sate of Haryana vs. Lakhan Lal, 1991(4) S.L.R. 82 = 1991(3) RSJ 530.
26.
Meaning
of word ‘Acts of Misconduct’ – The contention that there must be plurality of
acts of misconduct does not appear to me to be sound as this interpretation can
lead to absurd results. Taking an extreme illustration, can it be said, that
the framers of the Police Rules contemplated, that if a foot constable were to
subject a high police officer to a wanton and serious assault, or were to be
guilty of a single act of gross insubordination, the punishment of dismissal
could not be imposed, unless such conduct was repeated at least once. The use
of the word ‘acts’ does not exclude a single act of misconduct. In order to
give effect to the legislative intent, the words in plural number may be
construed to include the singular; and the words importing the singular only,
may be applied to plurality of acts, things of persons. In order to gauge
gravity of misconduct, what matters, is not frequency, as obliquity or
delinquency. I cannot persuade myself to accept the argument that a single act
of misconduct, howsoever grave, can never result in dismissal. What really
matters is the enormity of the misconduct. “Misconduct” is a generic term and
means “to conduct amiss; to mismanage; wrong or improper conduct; bad
behaviour; unlawful behaviour or conduct”. It includes malfeasance,
misdemenanour, delinquency and offence. The term “misconduct” does not
necessarily imply corruption or criminal intent. Bhagwat Parsad vs. Inspector General of Police and others, 1967 S.L.R.
807.
27.
Mere
absence from duty for a few days does not amount to an act of gravest
misconduct – Achhar Singh respondent joined service of the Police Department at
Amritsar on 12th July, 1956, as a Constable. A departmental inquiry
was initiated against him on the allegation that on 19th December,
1975, he was found absent from duty at the time of evening roll call and
remained absent from duty for seven days without obtaining any leave or prior
permission. This act was considered by the authorities as a “gross misconduct”
on his part and an inquiry was ordered against him as a result of which he was
dismissed from service. This order was challenged in a civil suit but the same
was dismissed. In appeal, the learned lower appellate Court reversed the
finding of the trial Court and decreed the suit of the plaintiff and after
thorough consideration of the evidence on record came to the conclusion that
dismissal form service of the plaintiff-respondent on this ground was wholly
arbitrary and violative of Rule 16.2 of the Punjab Rules 1934.
After
hearing the leaned counsel for the appellant,
I am in complete agreement with the conclusion arrived at by the leaned
lower appellate Court. The mere absence form duty for a few days does not
amount to an act of gravest misconduct the cumulative effect of which may go to
prove incorrigibility and complete unfitness of the employee for Police
service. Therefore, dismissal form service on such a charge cannot be upheld.
Absence form duty State of Punajb and
another vs. Achhar Singh 1991 (4) S.L.R. 539.
28.
Misconduct-Meaning
of. “Misconduct” is generic term and means “ to conduct amiss; to mismanage;
wrong or improper conduct; had behaviour; unlawful offence. The term “misconduct”
does not necessarily imply corruption or criminal intent. Bhagwat parshad vs. Inspector-General of Police Punjab AIR 1970 Punjab
81.
29.
Nature
of Rule 16.2. Operation of amendment Rule 16.2 of the Punjab Police Rules is
procedural one which are always retrospective in nature unless expressly made
prospective. Satnam Singh, Constable and
other vs. State of Punjab and other 1987 (4) S.L.R. 28.
30.
New
Plea- No grouse made before the appellate authority. Not only that, the plaintiff did not file any reply to
the show case notice. The Deputy Inspector General of Police while dealing with
the appeal specifically observed, “ that the appellant, however did not submit
any reply to the show case notice. There
no mistigating circumstances in this case to justify any lenient view of
the misconduct. “It appears that the plantiff never made many grouse on this
score before the authorities concerned and that being so he cannot be allowed
to agitate this point in the suit. State
of Punjab and others vs. Ex-Constable no. 500 Buir Singh 1987 (5) SL.R. 175.
31.
Non-observation
of the provisions of Rule 16.2 (1) of the Rules. The order of dismissal form
service passed in this case is clearly appeased tot he mandatory provisions of
Rule 16.2 of the Punjab Police Rules. Lately, it is difficult to appreciate
when the Inspector Sham Nath has been ordered to be reinstated after the
judgment of the District Judge dated 26.8.1986 ( Annexure P.2) and the order of
the High Court dated 16.1.1987 ( Annexure
P.3) whey the petitioner who stands in the same position should be
dismissed form service. This shows that the order passed in this case is
clearly discriminatory and violative of Article 14 of the Constitution of
India. Moreover, the appellate authority did not afford any personal hearing to
the petitioner before dismissing the appeal. It has been authoritatively laid
down by the Supreme Court that in a case where pre-decisional inquiry is
not held, as contemplated under Article
311(2) of the Constitution of India, it is obligatory on the appellate
authority to give personal hearing to the officer concerned. Darshan
Singh vs. State of Punjab and another, 1991 (4) S.L.R. 102=1992 (3) RSJ
512.
32.
Order
of dismissal based upon the conviction.
Order of the dismissal was based upon the conviction of the petitioner.
Placing reliance upon the provision of the unattended sub-rule (2) of Rule 16.2
of Punjab Police Rules , 1934, the authorities concerned considered that the
petitioner had become disqualified for being retained in service because of his
having suffered the conviction mentioned in the impugned order. In that view of
the matter it is not possible to hold that in terms of the unattended rule 16.2
of Punjab Police Rules, 1934, the order of dismissal would not be against the
provisions of Section 12 of Probation of Offenders Act, 1958. Order of
dismissal did not show that it was based merely on the conviction and that the
competent authority had ever by itself considered the nature and gravity of the
offence and had recorded its own conclusion that the retention of the petition
in service was prima facie undesirable. In view of the clear language of the
impugned order of dismissal the competent authority could not place reliance on
the amended sub-rule (2) of Rule 16.2 Punjab Police Rules 1934. Shri Iqbal Sindh, E Head Constable Police
vs. Inspector General of Police, Delhi and others, (1971 (2) S.L.R. 257
33.
Order
of dismissal not indicating that the punishing authority was alive to the
length of service of the petitioner. The
punishing authority was not alive to the fact regarding length of service,
previous service record and the conditions in which the incident of firing had
taken place. The part played by the delinquent was also not taken in to
consideration. Even assuming the act to be the gravest act of misconduct, the
second part of the rule, has not been complied with, as the complete unfitness
for police service, the length of service, incorrigibility and claim to pension
had not been considered. In the order also there is no indication that the
punishing authority was alive to the above-said elements of the rule.
Apparently, there is a complete violation of rule 16.2 of the Police rules. The
counsel for the appellant has not been complied with. The Division Bench judgment
cited by him has no parallel on the facts of the present case and the said
judgment was on it own facts which are not pari materia with the facts of the
present case. Punjab state and another vs. Balwant Singh Ex-Constable, 1989(4) S.L.R
105.
34.
Order
of removal not disclosing that officer were conscious of the existence of Rule
16.2. Order of the Superintendent of Police and the Inspector General of
Police, Annexure P.6 and P.10 respectively do not disclose that those officers
were even conscious of the existence of this Rule. These orders are completely
silent so far as this aspect of the matter is concerned. The Deputy
Inspector-General has, however, made this mention in this impugned order
Annexure P.8 the present single act of the appellant is of gravest nature and
his case is no way deserve leniency.
This observation has been made by the Deputy Inspector general in the context
of the service record of the petitioner on the basis of which it was pointed
out to him that the petitioner had by that time rendered nine year’s
unblemished service and had done commendable work during the Ido-Pal War of
1971. But even this observation or the consideration by the Deputy Inspector
General of Police fails far short of the requirements of sub-rule (1) of Rule 16.2
ibid. it has now here been recorded by any of the authorities concerned that
the petitioner was guilty of such ‘ gravest’ acts of misconduct, the cumulative
effect which can go to prove incorrigibility and complete unfitness for police
service. Ram Partap Constable vs. State
of Haryana and others, 1989 (4) S.L.R 50= 1989 (2) RSK 566
35.
Period
of absence of the petitioner after he was suspended. Absence of 174 days could
not be a ground for dismissal of the petitioner. the period prior to his
suspension was hardly about 46 days. It is not for this Court to adjudicate as
to whether on proof of the allegation of absence of 46 days. Munshi
Ram vs. State of Haryana 1991(2) RSJ 345.
36.
Petitioner
along with other Constable who participated in the drinking and firing
dismissed. After going through the enquiry file
exhibit P. 3, it can be safely concluded that there is nothing on the record to
show that the punishing authority was alive to the mandatory requirements of
the rules or the fact regarding his length of service was considered. the
service record was not on the enquiry file. The punishing authority was not
alive to the situation or the circumstance in which the firing had taken place.
He further contends that the State has in the case of a co-delinquent officer
accepted the civil Court’s verdict holding the impugned order bad and has
reinstated him. The State cannot be permitted to deal with the persons accused
of the same laps in the same incident differently, in particular when the facts
attributed to the other delinquent are of more serious nature. He further
contends that since the order of dismissal
has been passe in violation of the mandatory provisions of law, that is
rule 16.2 of the Punjab Police Rules, it is void order and need not be got seld
aside as there is no requirement of law to get a void order set aside. Punjab
State and another vs. Balwant Singh, Ex-Constable, 1989 (4) S.L.R. 105.
37.
Punishing
Authority not recorded any finding that the act of the respondent amounts to
the gravest act of misconduct. It is
essential for the Punishing Authority to apply its mind and to record a
specific finding as to whether the conduct of the delinquent official which has
been complained of is of such grave nature that it must lead inflexibly to his
dismissal. As already indicated above, reliance has also been placed by the
respondent on Gurdev Singh’s case, in which the respective scope of rules 16.2
and 16.24 (1) were discussed. It was held by the learned single Judge that that
it was incumbent upon the Punishing Authority to record a finding that the
misconduct attributed to the delinquent official was the gravest act of
misconduct and in the absence of such a finding the order could not be
sustained. State of Punjab vs. Parkash
Chand, Constable 1992 (1) S.L.R. 174.
38.
Punishment
imposed wholly disproportionate to misconduct and not warranting dismissal form
service. The punishment for the
misconduct with ASI Ganapat Ram that he can do what ever he likes, cannot be
constructed as a gravest act misconduct deserving dismissal from service. The
Dy. Inspector General of Police has come to conclusion that the charge was of
misbehaving in rude and insubordinate manner and that had been established
against the appellant. As we have extracted the allegation of charge and summary
of allegations, it nowhere state that he behaved in a rude and insubordinate
manner. The police is a disciplined force and the gravest act of misconduct can
be a justification for an order of dismissal. The appellant was shabbily
dressed and his hair were not cut. The ASI asked the appellant the reasons for
not being properly dressed and why he did not get his hair cut. The appellant
did tell the ASI that “ Cutting Karai To Hai” and Meri Bhi Vesi Hai Jaisi Auron
Ki Hai”. This misbehavior does not warrant an order of dismissal form service.
We are satisfied that the punishment imposed is so wholly disproportionate to
the misconduct that it pricks our conscience. Kem Chand Constable vs. Union of India and others 1989 (5) S.L.R. 503=
1989 (2) RSK 179.
39.
Punishment of dismissal cab only be awarded on
the ground of gravest act of misconduct. The dismissal order could be passed
only if the act attributed was he gravest act of misconduct or the cumulative
effect of continued misconduct proved incorrigibility and complete unfitness of
police service. Punjab State vs. Singh,
Ex-Head Constable 1988(7) S.L.R. 493
40.
Punishment
of dismissal to be imposed only in cases of grave misconduct. If
Rule 16.2 (1) of the Punjab Police Rules and Rule 8 read with Rule 10 of the
Delhi Police Punishment and Appeal Rules 1980 are compared it may be seen that
there is no inconsistency between them. In fact, both the provisions state that
the misconduct must be very ‘ grave’ and continued, indicating incorrigibility
and complete unfitness for Police service. It is thus seen that while awarding
the sentence the Disciplinary Authority must applets mind closely to the nature
of the misconduct. it must be very grave. It cannot be said that the temporary
misappropriation of a utensil from a mess is such a grave misconduct. But what
is more important is that neither the Disciplinary Authority nor the Applied
their min d to the requirement of the statutory provisions before warding the
sentence of dismissal. It was incumbent on the said Authorities to look to the
past record of the petitioner and to find out whether there is any history of “
Continued misconduct” Neither the order of the Disciplinary Authority nor the
order of the Appellate Authority disclose any past record of the petitioner.
The requirement of the statutory provision is that it may be shown that the
delinquent is incorrigible. A history of past record showing the proceedings or warnings to the
petitioner would have thrown light on
this aspect of the misbehavior but the orders are silent. So also the rules
require that a delinquent must be found to be complete unfit for working in the
police force. This is in contradistinction to the unfitness to work in a
particular rank. The Disciplinary Authority and the Appellate Authority have
not looked at this aspect of misconduct also. Considering the nature of the
misconduct and the statutory requirements I hold hat the discretion has not
been properly exercised by the Disciplinary Authority and the Appellate
Authority and the punishment of
dismissal is awarded in branch of the said
statutory requirements. The punishment is too serve as compared to the
misconduct . Sukbir Singh vs. the Deputy
Commissioner of police, New Delhi and others, 1984 (2) S.L.R. 149.
41.
Punishment
not necessary for the punishing authority to specifically mention in the
impugned order. We also agree with the leaned counsel for the State that is not
necessary for the punishing authority to specifically mentioned in the
impugned, order about he length of service put in by a delinquent officer which
was already a part of the record and was well-known. The learned Single Judge
had set aside the impugned order of
punishment taking this as the second ground. Accordingly, we set the reasoning
of the leaned Single Judge in this regard. This in view of the said judgment in
the Letter Patent Appeal, the appeal is liable to be accepted. State of Punjab and others vs. Ex-Constable No. 500 Bur Singh, 1987 (5)
S.L.R. 175.
42.
Punishment
whether proportionate to allegations. As regards that protection of rule 16.2 (I)
claimed by the petitioner the rule reads as follows, 16 .2 (I) dismissal shall
be awarded only for the gravest acts of misconduct or as the cumulative effect
of continued misconduct proving incorrigibility and complete unfitness for
police service. In making such an award regard shall be to the length of
service of the offender and his claim to pension “ Form the impugned order
dated 24.2. 79, it is clear that the petitioner under the influence of liquor
demanded more liquor form private person within his jurisdiction and demanded
English liquor on the pretext of given g the same to the S.P. and DSP to get
some transfer order cancelled. He also demanded money from the same person and
threatened him with knife when he expressed his inability to pay that mount.
Then the petitioner is allege to have taken Rs. 50 from another person and beat
a third person. A number of people collected and caught him and handed him over
to the police. Thus, the alleged conduct of the petitioner comprised being
under the influence of liquor in public place demanding money and liquor from
another person, falsely implicating higher officers on his illegal acts,
infliction injuries on another person and unruly behaviour in presence of
members of public. We feel that the order of dismissal cannot be said to be
disproportionately harsh as compared to the reprehensible conduct of the
petitioner.
As
regards violation of the provisions of Rule 16.3 and 16.38 we find that rule
16.3 regarding removal from promotion list is not relevant to the case. As
regards 16.38 we agree with the respondents that giving information to the
District Magistrate as prescribed in this rule is mandatory when any complaint
is received by the S.P. indicating commission by a police officer to a criminal
offence in connection with the official relations with the public. Since in
this case the petitioner was not discharging his duties vis-à-vis persons from
whom he demand liquor and money but acting in his individual capacity, provisions
of rule 16.38 are not attracted. Mehak
Singh Union of India etc., 1987(2) S.L.R. 357
43.
Revision.
An application for mercy is competent only in case where the order is passed by
the Inspector General himself and in such a case no revision lies to him. Inspector General of Police vs. Balbir
Singh, 1937 Cur. LJ 376
44.
Rule
talks of gravest acts of misconduct. It was held that the said part of the
sub-rule was mandatory in character and the order passed in disregard of it
could not be upheld. The same view was taken in an unreported short decision in
Civil Writ Petition No. 3037 of 1977 by a division Bench consisting of A.D.
Koshal and R.N. Mittal, JJ (as their Lordships then were). It was held that it
was incumbent on the Appointing Authority to take into consideration the
provisions of Rule 16.2 before awarding the penalty of dismissal from service
and same having not been considered by the Authorities, the order of dismissal
was quashed, by order dated 16.11.1977. The same view has been followed in two
decisions in Rattan Lal, Ex-Constable vs.
The State of Haryaba and others, 1983(2) SLR 645. I have gone through the
order of dismissal passed by the Superintendent of Police as well as the orders
passed by the Deputy Inspector-General of Police in appeal and revision
respectively. The Superintendent of Police in his order held that the
respondent was on an important duty as Gumman with the Deputy Commissioner and
the misconduct proved against him amounted to serious infraction of discipline
while being a Member of the Disciplined Force. There is nothing in the order to
even remotely suggest that the Punishing Authority was alive to the provision s
of rule 16.2, either with regard tot eh gravity of the misconduct or the
delinquent being habitual in indulging in gravest type of misconduct or that he
had put in, as I am informed at the Bar
about 17 years of service, and would qualify for pension after putting
another three- four year’s service. The order passed by the Deputy Inspector
General of Police in appeal also fails to show that he had in mind the
provision of the above rule while disposing of the appeal. In the order of the
Inspector-General of Police, all that was that the misconduct on the part of
the alleged delinquent was “very grave” and that he was rightly dismissed from
service. Again, there was nothing to show in the order that provision of the
above rule were kept in view. As the provision of rule 16.2 have been held to
be mandatory, failure of the authorities to take due notice of the same and passed
and appropriate order is suffuicient to vitiate the order. State of Punjab and another vs. Ram Singh, 1989(3) S.L.R. 629=1992(3)
R.S.I 508.
45.
Suitability
of punishment awarded by the head of department. A constable had conducted an
unauthorised check on Ambala Jagadhri
Road along-with another constable by posing as traffic police official and during that checking illegally
obtained money from certain truck drivers. Lateron, a departmental enquiry was
started and an order of dismissal was passed by the competent authority which
was challenged in the writ petition in this Court. While upholding the order of
dismissal, it was hled that it is for the police officers to judge the
infraction of the Police Rules to determine the seriousness of the misconduct and
to decide about the suitability of the punishment and that it is not within the
ambit of the extraordinary jurisdiction of this Court to interfere with the
discretion of the head of the department unless it is shown that the discretion
has been exercised wantonly or arbitrarily. State
of Haryana and others vs. Gurdev Singh, 1981(3) S.L.R. 130.
46.
Term
‘Misconduct’ does not necessarily imply corruption or criminal intent. As we
read Section 7 and Rule 16.2, dismissal
can be awarded only for the gravest acts of misconduct. We will assume
that the charge as laid in summary of allegations is clearly established. The
appellant was shabbily dressed and had not got his hair cut while posted at
Guard duty at RTC Mehrauli. He was checked by ASI Ganpat Ram when he misbehave
with ASI Ganpat Ram and told him to do whatever he likes. The averment on the
record before the Enquiry Officer of the appellant is that he told the ASI that
“Cutting Karai to Hai” and as regards the shabby dress he said that “Meri Bhi
Waisi Hai Jaisi Auron Ki Hai”. This is certainly as act of misbehaviour as also telling the ASI to do whatever he
likes. But the misconduct has to be construed for the purposes of punishment
within the meaning of Section 7 and Rule16.2. “Misconduct” is generic term and
means “to conduct amiss; to mismanage; wrong or improper conduct; bad
behavious; unlawful behaviour or conduct”. It includes malfeasance,
misdemeanour, delinquency and offence. The term ‘misconduct does not
necessarily imply corruption or criminal intent. Khem Chand Constable v.s Union of India and others, 1989(5) S.L.R.
503=1089(2) RSI 179.
47.
Termination
– Whether incumbent upon the authority before awarding the punishment to take
into consideration the length of service and claim to pension of the delinquent
employees. In support of his contention the learned counsel relied upon State of Orissa and others vs. Bidyabhushan
Mohapatra, AIR 1963 SC 779 and Baldev
Singh vs. State of Punjab and others, 1985(3) SLR 657 (Pb. & Hry.).
Bidyabhushan Mohapatra’s case (supra) has been cited for the proposition
that once and authority prima facie comes to a conclusion on the basis of
enquiry that person is guilty of the charges leveled, then it is not within the
ambit of the Court to find fault with punishment awarded by the authority
concerned. The lower appellate Court for its view that it was incumbent upon
the authority before awarding the punishment to take into consideration the
length of service and claim to pension of the plaintlff relied upon the
judgment reported as Gurdev Singh vs. The
State of Haryana and others, 1976(2) SLR 442. The learned counsel for the
appellant has contended that in view taken in Gurdev Singh’s case (supra) has
been reversed by the Division bench in Baldev Singh’s case (supra) and in this view
of the matter prayed that the impugned judgment is liable to be set aside. State of Haryana vs. Tek Singh 1992(4)
S.L.R. 213=1992(2) RSI 682.
16.3.
Action following on a judicial acquital.—(1) When a Police Office has been
tried and acquitted by a criminal court
lie shall not be punished departmentally on the same charge or on a
different charge upon the evidence cited in the criminal case, whether actually
led or not, unless,---
(a)
the
criminal charge has failed on technical grounds; or
(b)
in
the opinion of the Court or of the Superintendent of Police, the prosecution
witnesses have been won over; or
(c)
the
Court has held in its judgment that an offence was actually committed and that
suspicion rests upon the police officer concerned; or
(d)
the
evidence cited in the criminal case discloses facts unconnected with the charge
before the court which justify departmental proceedings on a different charge;
or
(e)
additional
evidence admissible under rule 16.25 (1) in departmental proceedings is
available.
(2)
Departmental proceedings admissible under sub-rule(1) may be instituted against
Lower Subordinates by the order of the Superintendent of Police but may be
taken against Upper Subordinates only with the sanction of the Deputy
Inspector-General of Police, and a
police officer against whom such action is asmissible shall not be deemed to
have been honourably acquitted for the purpose of rule 7.3 of the Civil
Services Rules (Punjab), Volume I Part I.
SYNOPSIS
1.
Acquittal by Criminal Court
2.
Acquittal of Police Officer by Criminal
Court on technical ground.
3.
Departmental Inquiry
4.
Enquiry officer not to sit-in-judgment
over the decision of the criminal Court.
5.
Double jeopardy-Acquittal by a criminal
court.
6.
Double Jeopardy-Acquittal in criminal
case.
7.
Double jeopardy-Departmental enquiry
8.
Found drunk while on duty-Dismissed
after departmental enquiry.
9.
Judgment of criminal Court.
COMMENTS
1.
Acquitted by the Criminal Court. A police officer who is acquitted in a
criminal court cannot be tried departmentally on the same charge or on a different
charge upon the evidence cited in the criminal case, whether actually led or
not. Amin Lal vs. The state of Punjab
1965 Cur. L.J. 509=1967 P.L.R. (S.N) 89.
Survey
of judicial opinion seems to point to a preponderating preference for the
middle view which is that when there is a substantial acquittal of the accused
on the criminal charge there should not be a departmental proceeding against
him in respect of the same charge on the same facts unless there are present
conditions like the acquittal being on a technical ground or establishing
conduct which would make it unworthy of the said office continue in office etc. Some of these ideas find concrete
expression in P.P.R. 16.3 . Shri Kundan
Lal vs. The Delhi Administration, Delhi and others, 1976(1) S.L.R. 133
2. Acquittal of Police Officer by Criminal
Court on technical ground. It was, thus a case where the criminal charge failed
on a technical ground that is, the absence of the complainant on the date of
the hearing and not because the charge had been enquired into but had not been
substantiated. The fact, that another trial court not be held in a criminal
Court against the petitioner on the same charge because of his acquittal under
Section 247 of the Code of Criminal Procedure, will not bar the departmental
proceeding being taken against him in respect of the same charge and on the
same evidence. I am, therefore, of the opinion that Superintendent of Police
rightly decided to hold departmental proceedings against the petitioner and
obtained the sanction of the Deputy Inspector General of Police for holding the
same. The proceedings with regard to obtaining the sanction of the District
Magistrate under rule 16.38(1) and (2) were unnecessary and can be treated as
useless surplus ages. The Inquiry Officer could be appointed by the
Superintendent of Police after the sanction of the Deputy Inspector General of
Police had been obtained and the mere fact that the Superintendent of Police
also obtained the sanction of the District Magistrate did not, in my opinion
vitiate the appointment of the Inquiry Officer by him and the enquiry held by
that enquiry Officer. The petitioner has not challenged the proceedings of the
enquiry before the Inquiry Officer. Shri Prem Kumar, in the writ petition and
for this reason no fault can be found with the show cause notice issued to the
petitioner by the Superintendent of Police on October 19, 1965. Gurdev Singh,
Sub Inspector of Police vs. State of Punjab through the Inspector of Police,
Punjab and another, 1970 S.L.R 886.
3. Departmental Inquiry. Fact forming
basis of departmental inquiry found not unconnected with charge in criminal
case. 1965 Cur. LJ 509
4. Double
jeopardy.. Acquittal by a criminal court. Of course, if the above said rule is
applicable to the present case, then it may be argued that the same having not
been complied with, the enquiry was vitiated and the subsequent orders based
thereon are also vitiated, but in the present case, the lower appellate Court
found that the charge, of which the plaintiff was found guilty, did not relate
to a matter which has any relation with the public. It did have a relation with
his exercising proper and efficient supervision and control over the Accounts
Branch of which he was the head, in which he had failed. This charge can hardly
be termed to be an offence in connection with his official relations with the
public. Thus, the plaintiff was not entitled to invoke the said provisions of
the Rules. Ram Rakha Joshi (Retd.) A.S.I. Punjab Police vs. State of Punjab,
1984(1) S.L.R. 404
5. Double
Jeopardy – Acquitted in criminal case. The only exception left is the one
enumerated at clause (b), that is, “in the opinion of the Superintendent of
Police, the prosecution witnesses have been won over”. A close scrutiny of the
judgment of the criminal Court would show that the accused persons were
acquitted not because the prosecution witnesses were won over but because there
were fundamental infirmities in the prosecution case which had damaged its
veracity. The only witness alleged to have been won over was one Banta Singh
(P.W.) of which the Criminal Court did not even take any notice. Thus, the
initiation of a departmental inquiry by invoking the provisions of Rule 16-3
ibid, after Constable Mohinder Pal had been acquitted by a criminal Court, was
wholly without jurisdiction and contrary to the provisions of the Punjab Police
Rules, 1934. Otherwise also there is hardly any material in support of the
charge against the petitioner in the departmental inquiry on the basis whereof
the charge could be sustained justifying his dismissal from service. Mohinder pal vs. State of Punjab and others,
1987(1) S.L.R. 266
6. Double
Jeopardy – Departmental enquiry. The order initiating the inquiry as also the
show cause notice clearly indicate that the
petitioner is being proceeded against exactly on the same charge which
were contained in the F.I.R. and he was discharged. The relevant rule which
admittedly is applicable in Delhi is rule 16-3 of the Punjab Police Rules. This
rule has been interpreted by this Court in various authorities but, in my
opinion, it is necessary to refer to any of the judgment in view of the clear
writing of rule itself. However, I would refer to only Kundal Lal vs. Delhi
Administration.
The learned counsel for the
respondent contends that under rule 16-3(1)(d), the department could proceed
with the departmental inquiry and in this case they were acting under the said
sub-rule. A mere reading of the order and the show cause reproduced above,
would show that this argument is untenable and cannot be accepted. The
department is not proceeding on the facts unconnected with the charge before
the Court which justified the departmental proceedings on a different charge
but is proceeding exactly on the same charges which were subject matter of the
trial before the competent Criminal Court. Shri
Sahib Ram vs. Delhi Administration and others, 1984(2) S.L.R. 133
7. Enquiry
officer not to sit-in judgment over the decision of the criminal Court. Where
the acquittal is substantially on merits, on identical facts and charges, it
will not be proper for a disciplinary Tribunal to record a finding of guilt,
and to punish, the employee thereon. This would be a basic principle of
jurisprudence and it would make no difference that the departmental authority
acts before the criminal proceedings or after it and the Court, in exercise of
the jurisdiction under Article 226 of the Constitution, would be justified in
striking down the action based on such finding, as not in consonance with the
principles of natural justice.
Examining the findings of the
Enquiry Officer we find that he had examined the very persons, who were
examined in the criminal case and on the same material and the circumstances,
the Enquiry Officer came to a contrary conclusion. He purported to examine the
evidence adduced before him as if he was deciding a Sessions case. Evidently,
the Enquiry Officer would have no power to sit as an appellate Court of the
Additional Sessions Judge. It is, therefore, clear that the petitioner’s
acquittal was not on any technical grounds, nor was it n the basis that he eas
given the benefit of doubt. In fact, the prosecution had miserably failed to
prove its case, either by direct or by circumstantial evidence. As such, the
acquittal was on account of the prosecution failure to bring home guilt to the
accused without establishing any incriminating circumstances, although
inconclusive.
The
next question will be whether the judgment of acquittal itself indicate that
the petitioner’s retention in Police Service could be undesirable. In our
opinion the judgment does not give any indication of such type. In the criminal
Court, the prosecution had not only failed to establish any incriminating
circumstances, either by direct evidence or by circumstantial evidence, but
also had failed to establish any motive, whatsoever. In view of these facts,
the Enquiry Officer could not purport to function as a Court of law nad
re-examine the very material, which had been put up before the Sessions Judge.
The attempt of the Enquiry Officer was to function as an appellate Court of the
Additional Sessions Judge and to come to a contrary conclusion upon the same
material, which had been adduced in the Sessions Court. This, evidently the
Enquiry Officer could not have done on the principles laid down by their
Lordships of the Supreme Court in State of M.P. vs. Qumrali Wehidali. Harinaryan Dubey vs. sate of Madhya Pradesh
and others, 1976(1) S.L.R. 585
8. Found drunk while on duty –Dismissed after
departmental enquiry. The plea raised by
the petitioner is that a single act of having been found under the influence of
liquor while on duty would not amount to a very grave act or misconduct which
would render him incorrigible and
complete unfitness for police service. In support of his contention the learned
counsel for the petitioner had cited an unreported judgment in Dharampal vs.
The State of Haryana and others, CWP No.4680 of 1987 decided by Amarjeet
Chaundhary, J. on 10.3.1989 and Phool
Singh vs. State of Haryana and other, 1989(6) SLR 138 decided by Jai Singh
Sekhon, J.
So
far as the judgment of Jai Singh Sekhon, J. in Phool Singh’s case (supra) is
cerned, the same is distinguishable as that was a case of constable who was
under suspension and absented himself from duty and under the circumstances it
was held that absence from duty of a police official who was under suspension
would not amount to a grave act of misconduct which would entail the punishment
of dismissal. So far as the judgment in Dharampal’s case (supra) is concerned,
of course, that does not help the petitioner. In this case Amarjeet Chaudhary,
J. has held that the punishment of dismissal awarded in that case to the
petitioner who was found under the influence of liquor while on duty was not
proportionate to the charges levelled against him.
It has been further held that this court
would not interfere regarding suitability of the punishment awarded by the head
of department unless it is shown that the discretion has been exercised
wantonly or arbitrarily. I am bound to follow the judgment of the Division
Bench, referred to above, in preference to the judgment of Amarjeet Chaudhary,
J. I find that conduct of the petitioner was such which amounted to an act of
gravest misconduct within the meaning of rule 16.2(1) and which merited the
punishment of dismissal from service. The petitioner being a constable who
belongs to a disciplined force had to act with some sense of responsibility.
Thus, I find no force in the contention raised by the petitioner. Joginder Singh, Ex0 Constable vs. State of
Haryana and others, 1990(5) S.L.R. 515 = (1950-1988) 1 RSI 12
9. Judgment
of criminal court. Did not suggest acquittal on technical ground or suspicion
resting upon Police Officer. 1965 Cur. LJ
509
16.4 Reduction.—(1) A police officer may be reduced (a) to a
lower rank (except in the case of Sergeants and of Constables on the
phase-scale); (b) from the selection grade of a rank to the time-scale of the
same rank; (c) it in a graded rank, to a lower position in the seniority list of
his grade or to a lower grade in his rank. A police of ficer so reduced shall
be placed in the time-scale to which he is reduced, whether from higher rank or
from the selection grade of the same rank, at the point to which his approved
service entitles him, but below the efficiency bar, if any. An officer reduced
in rank shall not be placed in the selection grade of the rank to which he is
reduced.
(2) An upper subordinate shall not
ordinarily be reduced to the rank of Head Constable, unless he has been promoted
from that rank and is capable of performing the duties of a Head Constable. If
he is absolutely unfitted for his position or for that of a Head Constable, he
shall be dismissed, and not reduced in rank.
(3) A Head Constable reduced dto the rank
of Constable shall ordinarily occupy a position in the gradation list of
Constables according to the length of his approved service.
SYNOPSIS
1. Word ‘rank’—Meaning
of.
COMMENTS
1. Word
‘rank’—Meaning of. No doubt some of the dictionary meanings of the word to tend
to support the stand urged on the side of the petitioner, but in view of the
meaning given to this word by their Lordships of the Supreme Court in the High Court, Calcutta vs. Amal Kumar Roy. A.I.R.
1962 S.C. 1704, the ordinary meanings of that word cannot be taken and the
meanings of the word that have to be applied are those given by their Lordships
in the judgment of that case. In that case a Munsif in the West Bengal Civil
Service (Judicial) having been passed over for promotion to the post of a
Subordinate Judge, when he came to the promoted to that post, he stood eight
places below as compared to the place where he would have been had he been
promoted in his own turn at the proper time. It was urged that his lowering of
seniority by eight places in this matter was reduction in rank. Their Lordships
observed :- @INDENT2 = “In our opinion, there is no substance in this
contention because losing places in the same cadre, namely, of subordinate
Judges does not amount to reduction in rank, within the meaning of Article
311(2). The plaintiff sought to argue that ‘rank’, in accordance with
dictionary meaning, signifies ‘relative position or status or places’,
according to Oxford English Dictionary. The word ‘rank’ can be and has been
used in different senses in different contexts. The expression ‘rank’ in
Article 311(2) has reference to a person’s classification and not his
particulars place in the same cadre in the hierarchy of the service to which he
belongs. Hence, in the context of the Judicial Service of West Bengal, ‘reduction
in rank’ would imply that a person who is already holding the post of a
Subordinate Judge has been reduced to the position of a Munsif, the rank of a
Subordinate Judge being higher than that of a Munsif. But Subordinate Judges in
the same cadre hold the same rank, though they have to be listed in order of
seniority in the Civil List. Therefore, losing some places in the seniority
list is not tantmount to reduction in rank”.
This was again approved by their
Lordships in the Divisional Personnal
Officer, Southern Railway, Mysore vs. S. Raghavendrachar, A.I.R. 1966 S.C.
1529. So, it is the meaning of the word ‘rank’ as given by their Lordships
in sub-article (2) of Article 311 that negatives the case of the present
petitioner in spite of his losing two places in seniority and also losing two
steps in his time-scale by the forfeiture of two years of his pay permanently.
The reason is that he remains still Head Constable and in the rank of Head
Constables. By the lowering of his seniority or by the lowering of his pay by
two steps in the time-scale he does not cease to remain in the rank of Head
Constables. He is still there very much in that rank, and merely because he has
lost seniority or has been lowered by two steps in the time-scale of his pay,
which slightly lowers his in his own rank and it is reduction in so far as it
affects his seniority under sub-rule (1) of rule 16-4, it is nor reduction in
rank as that expression is used in sub-article (2) of Article 311 of the Constitution,
inasmuch as it does not lower the rank of the petitioner. Ranjit Singh, Head Constable vs. Commandant P.A.P. Jullundur Cantt. And
others, 1967 S.L.R. 543
16-5. Stoppage of increments. [For Punjab -- or Forfeiture of approved
service for increment] -- The increment of a police officer on a time-scale may
be withheld as a punishment. The order must state definitely the period for
which the increment is withheld, and whether the postponement shall have the
effect of postponing future increments. The detailed orders regarding the grant
and stoppage of increments are contained in rule 13-2.
( Sub-Rules 2 and 2 for Punjab )
(2)
Approved
service for increment may be forfeited, either temporarily or permanently, and
such forfeiture may entail the deferment of an increment or increments or a
reduction in pay. The order must state whether the forfeiture of approved
service is to be permanent, or, if not, the period for which it has been
forfeited.
(3)
Reinstatement
on the expiry of a period fixed under sub-rule9(1) or (2) above shall be
conditional upon good conduct in the interval, but, if it is desired under this
rule not to reinstated an officer, a separate order shall be recorded, after
the officer concerned ha been given opportunity to show cause whey his reinstatement
should not be deferred, and the period for which such order shall have effect,
shall be stated. Rules regarding the method of recording punishments under this
rule in seniority rolls are contained in Chapter X.
16-6. Confinement
to quarters. – A Constable confined to quarters shall be confined in the
lock-up attached to the police quarter guard. While so confined he shall
perform punishment drill or may be employed instead on any authorized fatigue
duty. He shall not leave the lock-up during the period of his confinement,
except under escort of one or more Constables in uniform, and in accordance
with the order, general or specific, of an officer of status not less than that
of Lines Officer.
16-7. Punishment drill. – (1) Punishment drill shall consist of drill
with a musket and rolled great-coat for not more than six or less than four
hours in any one day, with an interval of at least 30 minutes between each
hour. Only such days shall be counted towards the completion of an award of
punishment drill on which such drill is actually carried out.
(2) An
officer rewarding punishment drill may direct that the constable so punished,
if attached to the reserve, shall not leave the lines, except on duty, during
the days on which such punishment is to be carried out.
16-8. Censures. – A censure shall be recorded in the character roll of
a police officer only under the following conditions:---
(i)
Censures
shall be supported by a formal order in the order book.
(ii)
No
censure shall be recorded by an Assistant or Deputy Superintendent of Police,
without the prior approval of the Superintendent, in the character roll of any
officer whom he is not empowered under rule 16-1(2) to punish.
(iii)
A
District Magistrate is authorised subject to the limitations press cribed in
clause (iv) below, to record a censure in the character roll of any enrolled
police officer.
(iv)
A
censure, whether recorded by a District Magistrate or a police officer is
required to be confined to facts and deductions from such facts. Statements or
expressions of opinion amounting to charges of a kind which, if proved, would
involve a major punishment shall not be so recorded. Such statements should
form the basis of a formal enquiry at which the officer against whom they are
made has the opportunity of making his defence. Their record in character rolls
ex-prate is prohibited.
16.9. Maintenance of discipline.—Discipline shall
be maintained by patient and continuous instruction, combined with firm,
vigorous and sustained control. Superintendents and officers subordinate to
them having power to punish shall endeavor to check neglect and misconduct in
their subordinates, which appear to be due to ignorance or inattention and not
to will full disobedience, by clear instruction and careful explanation. They
shall as far as possible, avoid the constant infliction of minor punishments,
and shall, in all cases in which they inflict punishment, pass their orders
after full consideration of the facts and circumstances of the case and of the
character and position of the officer punished. If the previous record of an
officer, against whom charges have been proved, indicates continued misconduct
proving incorrigibility and complete unfitness for police service, the
punishment awarded will ordinarily be dismissal from service. When complete
unfitness for police service is not, but unfitness for a particular rank is,
established, the punishment will normally be reduction.
16.10. Punishment of officers officiating in higher
ranks.—The misconduct of a police officer must be judged in relation to the
position he was occupying at the time when such misconduct is alleged to have
taken place. For purposes of punishment, therefore, an officer officiating in a
higher rank shall be treated as belonging to that rank. This rule shall not prevent
an officer being reverted to his substantive rank on being placed under
suspension.
16.11. Prosecution under Section 29, Act V of
1861.—When a disciplinary offence on the part of a police officer can be
adequately punished departmentally, such of ficer shall not be prosecuted under
section 29 of the Police Act, and no upper subordinate shall be prosecuted
under that section without the sanction of the Deputy Inspector General.
16.12. Judicial prosecutions.—When a police officer
is departmentally punished for an offence committed in his public capacity for
which he is liable to be prosecuted criminally, the Deputy Inspector General is
required to satisfy himself that the course adopted was expedient in the
interests of the administration, and may order a criminal prosecution if he
considers if desirable.
SYNOPSIS
1. Natural justice—Enquiry.
COMMENTS
1. Natural justice—Enquiry. The rule of natural
justice and fairness to the official are two paramount considerations. It is
instructive in this context to refer to the decision of the of the House of
Lords in Ridge vs. Baldwin, (1963 ALL
ER 66), where the Watch Committee summarily dismissed a Chief Constables on the
basis of his being severely criticized by the trial Judge while acquiring him.
There was no doubt a department enquiry in this case but, the enquiry as
explained above, did not give a sufficient opportunity as required by, the rule
for the petitioner to defend himself adequately. The said proceedings are,
therefore, quashed. Hem Raj, A.S.I.
Police vs. The Delhi Administration and ors., 1973(1) S.L.R. 349
16.13. Magisterial
procedure.—(1) All cases
against police officers are required by standing instructions of the High Court
to be tried by Magistrates of the 1st class Petty charges in which there is no
probability of the District Magistrate, who is the appellate authority, having
been required to advise in his executive capacity, may, however, be tried by
any Magistrate who can most conveniently take them up. Police officers are
never to be tried summarily.
(2) Magistrates are required to exercise care in
making entries of censure on police officers in their judgments, and it is
undesirable that they should make remarks in criminal cases censuring the
action of police officers, unless such remarks are strictly relevant to the case and the officers
concerned have had an opportunity of explaining their action – (vide Chief
court Circular No. 7-3482-G, dated 19th September, 1903, reproduced
in Police Rule Appendix No. 1.19). If remarks to which exception can be taken
come to notice, they shall be referred in the first instance by the Superintend
to the District Magistrate.
16.14. Punishment
Register.—(1) A punishment register in
Form 16.10 (1) shall be maintained in each district.
(2) Every award of departmental punishment, except
awards of punishment drill not exceeding
10 days, shall be entered therein.
(3) All punishments inflicted by criminal courts
upon police officers shall be entered at the reverse end of the punishment
register.
(4) An award of dismissal in consequence of a
criminal conviction shall not be shown separately as a departmental punishment.
(5) If the award is one of punishment drill not
exceeding 10 days, the entry made in the Order Book shall be the only record of
such punishment.
(6) All punishments required to be entered in the
punishment register shall also be entered in character and service rolls.
Entries of punishment, against which an appeal lies, shall not be made in
character or service rolls until the lapse of the period of appeal or
until the appeal has been decided.
16.15. Monthly
punishment returns.—(1) Every
Superintendent shall, on or about the 5th day of each month, prepare
and despatch to the Deputy Inspector General a return in Form 16.15 (1) of all
punishments, departmental and judicial, inflicted during the preceding month
and required under rule 16.14 (6) to be entered in character rolls. Such return
shall after due examination by the Deputy Inspector General be filed in his
office.
(2) Sufficient particulars shall be given in
column 3 to enable the Deputy Inspector General to judge of the fitness of the
award.
(4)
All
entries shall hear the annual serial numbers of the punishment register, and
copies of all bad entries made in the character rolls of upper subordinates
during the last preceding month shall be submitted with the return.
(4). When
an award is quashed or altered by an authority empowered to do so, the entry in
the return and in the punishment register shall
be cancelled or amended accordingly, and a fresh order shall be entered
in the Order Book canceling or amending the original order of punishment.
16.16. Annual return of punishments for
corruption. – Every Superintend shall submit to the Deputy Inspector-General of
Police on, or before the 5th January to each year, a statement in Form 16.16,
showing all punishments inflected in consequence of corruption. Deputy
Inspectors-General and the Assistant Inspector General, Government Railway
Police, shall submit to the Inspector-General a consolidated statement on or
before the 10th January, in each year together with an annual review
discussing the progress of anti-corruption measures, etc, as required by
Punjab Government letters Nos. 8957-G
38/10003 (H—Gaz). And 2124-G.39/18878 (H.—Gaz) dated the 15th March
1939, and 25th May, 1939 respectively.
16.17. Power to suspend an officer—Any police
officer above the rank of Head Constable may suspend, pending inquiry or
investigation, any enrolled police officer junior to him in rank, who is guilty
or is reasonably suspected of misconduct. an officer may be released form
suspension only by the gazetted officer empowered to punish him. The suspension
of an upper subordinate shall be reported immediately to the Deputy
Inspector-General in Form 16.17 . the
release of such officer and the reason therefor shall also be reported to the
Deputy Inspector-General.
16.18. Suspension in departmental case—A police
officer, whose conduct is under departmental inquiry, shall orindarily be
placed under suspension, when it appears likely that a charge will be framed
which, if proved, would render him liable to reduction or dismissal, or when
the nature of the accusations against him is such, that his remaining on duty
is prejudicial to the public interest, or to the investigation in to those accusation.
Unnecessary suspensions should be avoided, as they increase the number of
non-effective and also, unless the officer suspended is acquitted involve under
Fundamental Rule 43 the additional penalty, over and above the punishment
awarded of he substitution for pay of a subsistence grant.
16.19. Suspension in judicial cases—A police
officer charged with a criminal offence shall unless the Deputy
Inspector-General of Police or the
Assistant Inspector-General, Government Railway Police for special reasons to
be recorded in writing otherwise directs, be placed under suspension form the
date on which he is sent for trial, if such action has not already been taken
under the provisions of rule 16.17. suspension is compulsory during any period
in which a police officer is committed to prison. A police officer, who may be
arrested by order of a civil court in execution of a decree or otherwise shall
be considered as under suspension form the date of arrest till his release form
custody is ordered by the Court.
SYNOPSIS
1.
Training-Refusal
to depute to B-1 Lower School Course.
COMMENTS
1.
Training-Refusal
to depute B-1 Lower School Course. I am of the considered view that the
respondents are justified in not
deputing the petitioner to the Lower School Course so long as she remains under
suspension because of the pending criminal case against her. At the same time,
I feel that the petitioner cannot be robbed of the meritorious position
attained by her in the written and parade test and the eligibility for
undergoing the Lower School Course gained by her. In the circumstances,
therefore, the appropriate direction which ought to be issued is that as and
when and in case the petitioner is acquitted of the criminal charges against
her and is consequently reinstated in service, she shall be deputed to the
ensuing Lower School Course at the Police Training School, Madhuban,
Immediately after the date of her acquittal and reinstatement. Krishna Devi, Lady Constable vs. State of
Haryana and others, 1988 (3) S.L.R. 384.
16.20. Subsistence grants—(1) A police officer
under suspension shall be given a substance grant. If as the result of an
enquiry, a police officer under suspension is punished, his substance grant for
the time spend under suspension may not exceed one-fourth of his pay (Fundamental
Rule 53) if he is acquitted either as the result of an original enquiry or on
appeal, the assessment of the subsistence grant is governed by Fundamental Rule
54.
(2) The following officers are empowered to
make subsistence grants to police officers under suspension:-
(a) Deputy
Inspectors-General, the To
all non-Gazetted
Assistant
Inspector-General, Officers
subordinate
Railway
Police, and Superintendents to
them.
Of
police
(b) The Assistant Superintendent, Ditto
Government Railway Police, and
(except as regards Sergeants)
Deputy Superintendents in charge
of
Railway Police Sub-Divisions,
Subject
to confirmation by the
Assistant
Inspector-General,
Railway
Police.
SYNOPSIS
1.
Departmental
enquiry-Found guilty of one of the charges.
COMMENTS
1.
Departmental
enquiry—Found guilty of one of the charges. Rule 16.3 of the Rules inter alia
provides that if a Police Officer has been tried and acquitted by a criminal
court, he shall not be punished departmental on the same charge or on different charge upon the evidence cited
in the criminal case, whether actually led or not unless, (a) the criminal
charge has failed on technical grounds or (b) in the opinion of the Court of
the Superintendent of Police, the prosecution witnesses have been won ever; or
(c) the Court has held in its judgment that an offence was actually, committed
and that suspicion rests upon the police officer concerned or (d) the evidence
cited in the criminal case disclose facts unconnected with the charge before
the Court which justify departmental proceedings on a different charge or (e) additional evidence admissible under
rule 16.25 (1) in departmental proceedings is available. Thus it could not be
successfully argued that after having been acquitted by the criminal Court, the
plaintiff could not be proceeded against departmentally under any
circumstances. Ram Rakha Joshi (Retd.)
A.S.I. Punjab Police vs. State of Punjab, 1984 (1) S.L.R. 404.
16.21.
Status
and treatment of offices under suspension—(1) A police officer shall not by
reason of being suspended from office cease to be a police officer.
During
the term of such suspension the powers, functions and privileges vested in him
as a police officer shall be in abeyance, but he shall continue subject to the
same responsibilities, discipline and penalties and to the same authorities, a
s if he had not been suspended.
(2)
A
Police officer under suspension shall be transferred to the lines, if not
already posted there. He shall attend all roll calls and shall be required to
perform such duties and to attend such parades as the Superintendent may
direct; provided that he shall not perform guard duty or any other duty
entailing the exercise of the powers or functions of police officer; shall not
be placed on any duty involving the exercise of responsibility, and shall not
be issued with ammunition. A police officer under suspension shall ordinarily
be confined to lines when off duty but shall be allowed reasonable facilities
for the preparation of his defence. When transferred to the lines under this
rule Lower Subordinates shall deposit their belts and Upper Subordinates their
revolvers, belts and swords with the Lines Officer.
(3)
Mounted
police officers placed under suspension shall cease to draw horse, pony or
camel allowance, as the case may be, and hand over their mount to the Lines
Officer who shall be responsible for the feeding and keeping of such animals
under the supervision of a gazetted officer. The actual expenditure incurred on
this account shall be debited to contingencies under the head “Feeding and
keeping of animals of mounted police officers under suspension”.
SYNOPSIS
1.
Absence
form duty for 18 days while under suspension.
COMMENTS
1.
Absence
form duty for 18 days while under suspension.
The perusal of Rule 16.21 (2) of the Punjab Police Rules, 1934, reveals
that during the suspension period of a police officer, he cannot be assigned
responsible duties like guard duty or any other duty entailing the exercise of
the power or functions of a Police Officer or duty involving the exercise of
responsibility, but during suspension he shall ordinarily be confined to lines
and he shall deposit his belt and ammunition etc.
The
working of the mind of a suspended
police officer on account of the registration of a criminal case just after his
release by the Court on bail, in such criminal case cab be well imagined.
Certainly be will fell confused and shaken, especially when he is convinced of
his innocence. This conclusion is further fortified as according to the written
statement filed by the respondent State, the above referred criminal case
consequently, ended in his acquittal although the Court has given him the
benefit of doubt. Just the laps on the part of the petitioner is not attending
the police line during the spell 18 days cannot be said to be that grave as
that of a regular police officer and thus would no tensile the extreme penalty
of terminating his service. Phool
Singh vs. State of Haryana or 1989 (6)
S.L.R. 138.
16.22. Record in departmental cases—(1) In all departmental cases in which the
alleged offence is such as to major a major punishment, if Proved, a record
shall be kept, which shall contain:---
(a)
the
charge;
(b)
the
evidence supporting the charge;
(c)
the
defence of the accused officer;
(d)
the
statements of the defence witness, if any;
(e)
the
finding of the officer conducting the case;
(f)
the
final order.
(2)
In
all cases against upper subordinates the record shall be in English throughout.
In cases against lower subordinates evidence may be recorded in vernacular, but
the statement of the accused officer in his defence, the finding and the final
order shall be in English.
(3)
The
record shall be paged like an ordinary file, and an index in Form 16.22 (3) shall be attached to
the first page.
(4)
The
record, together with any orders passed in revision or appeal, shall after the
necessary entry has been made in the character roll, be filed with the
vernacular personal file of the officer concerned. If the record concern more
than one officer, an attested copy of the final order in the case shall be
attached to the vernacular personal file of each officer concerned.
(5)
Each
record shall bear the annual serial number of the entry in the punishment
register relating to the case, and a reference to his number shall be made in
the remarks column of the Long Roll.
SYNOPSIS
1.
Discretion
left to the enquiry officer to record the evidence in vernacular if he so
decide.
2.
Final
authority on question of fact.
3.
Services
of an Advocate.
COMMENTS
1.
Discretion
left to the enquiry officer to record the evidence in vernacular if he so
decides. Petitioner also contends that the evidence should have been recorded
during the enquiry proceedings in vernacular and not in English. In this
connection he relies on Punjab Police Rule 16.22(2) This lays down that “ in all cases against upper subordinates the
record shall be in English throughout. In cases against lower subordinates
evidence may be recorded in vernacular, but the statement of the accused
officer in his defence, the finding, and the final order shall be in English. “
This rule shows that a discretion is left to the enquiry officer to record the
evidence in vernacular if he so decides. It is not imperative for him to record
the evidence in vernacular only. More over, over, I find that this point was
not taken up by the petitioner either before, the enquiry officer or before the
disciplinary authority or in appeal. This contention has, therefore, to be
rejected. Ajit Singh, Constable vs. Kirpal Singh, D.I.G. Police Delhi and others,
1972 S.L.R. 768.
2.
Final
authority on question of fact.
Petitioner’s contention that the bare statement of Uma Shankar,
Sub-Inspector that he saw the petitioner attending the mass rally in question
should not have been accepted in view of the evidence produced by the petitioner, is misconceived. Whether the
petitioner did attend the really or not in a question of fact and it cannot be
said that the findings given by the enquiry officer is without evidence. It is
for him to believe a particular witness and disbelieve the other. He is the
final authority on question of fact as long as the decision can be shown to be
based on evidence. Ajit Singh, Constable vs. Kirpal Singh D.I.G. Police, Delhi and others,
1972 S.L.R. 786.
3.
Service
of an Advocate, Petitioner’s contention that he was denied the service of an Advocate
during the proceedings before the enquiry officer is without substance. In his
writ petition he has only mentioned this fact indirectly to show that the
enquiry officer was biased and prejudiced against a him and “ the petitioner
was not even entitled to avail of the assistance of some advocate”. There is
noting to show whether the petitioner
did request for such assistance. Even in the petition he has not disclosed when
and how such assistance was asked for and refused. Again, no grievance was made
at any stage of the proceedings right to the appellate stage about this aspect.
Ajit Singh, Constable vs. Kirpal Singh
D.I.G. Police.
16.22.
Prompt
record of complaints—Whenever a definite complaint is made by a member of the
general public of misconduct on the part of a police officer, the officer to
whom such complaint is made shall, provided he is senior in rank to the officer
complained against immediately record it, to gather with such statements in
support of the complaint as may8 be immediately available. This record shall be
forwarded without delay through the usual channel to the Superintendent of
Police or other gazetted officer under whose immediate control the officer who
has recorded the complaint is serving. If such officer is of opinion that the allegation
sin the record constitute a prima facie case for inquiry, he shall proceed as
in rule 16.24. post. The record refereed to above shall be attached to the
record of the enquiry and may be used as the basis of the charge, but the
statements, recorded shall not be regarded as evidence; the persons making such statements shall ordinarily be called as
witnesses and examined in the presence of, and be tendered for cross-examination
by, the accused police officer.
16.24.Procedure in departmental enquiries:--
(1) The following procedure shall be followed in departmental enquiries:---
(i) The police officer accused of misconduct
shall be brought before an officer empowered to punish him, or such superior
officer as the Superintendent may Direct to conduct the enquiry. That officer
shall record and read out to the accused officer a statement summarizing the
alleged misconduct in such a way as to
give full notice of the cumstances in regard to which evidence is to be
recorded. A copy of the statement will also be supplied to the accused officer
free of charge.
(ii) If the
accused police officer at this stage admits the misconduct alleged against him,
the officer conducting the enquiry may proceed forthwith to frame a charge
record the accused officer’s plea and any statement he may wish to make in
extenuation and to record a final order, if it is within his power to do so, or
a finding to be forwarded to an officer empowered to decide the case. When the
allegations are such as can form the basis of a criminal charge the
Superintendent shall decide at this stage, whether the accused shall be tried
departmentally first and judicially thereafter.
(iii) If the
accused police officer does not admit the misconduct, the officer conducting
the enquiry shall proceed to record such evidence, oral and documentary, in
proof of the accusation, as is available and necessary to support the charge.
Whenever possible, witnesses shall be examined direct, and in the presence of
the accused who shall be given opportunity to take notes of their statements
and cross-examine them. The officer conducting the enquiry is empowered,
however, to bring on to the record the statement of any witness whose presence
cannot, in the opinion of such officer, be procured without undue delay and
expense or inconvenience, if he considers such statement necessary, and provided that it has been recorded and
attested by a police officer superior in rank to the accused officer or by a
Magistrate, and is signed by the person making it. This statement shall also be
read out to the accused shall be bound to answer any questions which the
inquiring officer ma see fit to put to him with a view to elucidating the facts
referred to in statements or documents brought on the record as herein
provided.
(iv) When
the evidence in support of the allegations has been recorded the enquiring
officer shall, (a) if he considers that such allegations are not substantiated,
either discharge the accused himself, if he is empowered to punish him, or
recommended his discharge to the Superintendent, or other officer, who may be
so empowered, or (b) proceed to frame a formal charge or charges in writing,
explain them to the accused officer and call upon him to answer them.
(v) The
accused officer shall be required to state the defence witnesses whom he wishes
to call and may be given time, in no case exceeding forty-eight hours, to
prepare a list of such witnesses, together with a summary of the facts as to
which they will testify. The enquiring officer shall be empowered to to refuse
to hear any witnesses whose evidence he considers will be irrelevant or
unnecessary in regard to the specific charge framed. He shall record the
statements of those defence witnesses whom he decides to admit in the presence
of the accused, who shall be allowed to address questions to them, the answers
to which shall be recorded; provided that the enquiring officer may cause to be
recorded by any other police officer superior in rank to the accused the
statement of any such witness whose presence cannot be secured without undue
delay or inconvenience, and may bring such statement on to the record. The
accused may file documentary evidence and may for this purpose be allowed
access to such files and papers, except such as form part of the record of the
confidential office of the Superintendent of Police, as the enquiring officer
deems fit. The supply of copies of documents to the accused shall be subject to
the ordinary rules regarding copying fees.
(vi) At the
conclusion of the defence evidence or, if the enquiring officer so directs, at
any earlier stage following the framing of a charge, the accused shall be
required to state his own answer to the charge. He may be permitted to file a
written statement and may be given time, not exceeding one week, for its preparation,
but shall be bound to make an oral statement in answer to all questions which
the enquiring officer may see fit to put to him, arising out of the charge, the
recorded evidence, or his own written statement.
(vii) The
enquiring officer shall be proceed to pass orders of acquittal or punishment,
if empowered to do so, or to forward the case with his finding and
recommendations to an officer having the necessary powers. Whenever the officer
passing the orders of punishment proposes to take into consideration the
adverse entries on the previous record of the accused police officer, he shall
provide reasonable opportunity to the defaulter to defend himself; and a copy
or at least a gist of those entries shall be conveyed to the defaulter and he
shall be asked to give such explanation as he may deem fit. The explanation
furnished by the defaulter shall be taken into account by the officer before
passing orders in the case.
(viii) Nothing in the foregoing rule shall debar a
Superintendent of Police from making or causing to be made a preliminary
investigation into the conduct of a suspected officer. Such an enquiry is not
infrequently necessary to ascertain the nature and degree of misconduct which
is to be formally enquires into. The suspected police officer may or may not be
present at such preliminary enquiry, as ordered by the Superintendent of Police
or other gazetted officer initiating the investigation shall form no part of
the formal departmental record, but statements therefrom may be brought to the formal
record when the witnesses are no longer available in the circumstances detailed
in clause (iii) above. All statements recorded during a preliminary
investigation should be signed by the person making them and attested by the
officer recording them.
Clause (ix) Omitted by Haryana Vide No. G.S.R. 31
dated 21.3.1985
(ix) No
order of dismissal or reduction in rank shall be passed by an officer empowered
to dismiss a police officer or reduce him in rank untill that officer has been
given a reasonable opportunity of showing cause against the action proposed to
be taken in regard to him, provided that this shall not apply--
(a)
where
a police officer is dismissed or reduced in rank on the ground or conduct which led to his
conviction on a criminal charge; or
(b)
where
the officer empowered to dismiss him or reduce him in rank is satisfied that
for some reason to be recorded by that officer in writing it is not reasonably
practicable to give to that police officer an opportunity of showing cause.
Before an order of dismissal or reduction in rank is
passed, the officer to be punished shall be produced before the officer
empowered to punish him, and shall be informed of the charges proved against
him, and called upon to show-cause why an order of dismissal or reduction in
rank should not be passed. Any representation that he may make shall be recorded, shall form
part of the record of the case, and shall be taken into consideration by the
officer empowered to punish him before the final order is passed:
Provided
that if, owing to the complicated nature of the case or other sufficient reason
to be record, the officer empowered to impose the punishment considers this
procedure inappropriate, he may inform the officer to be punished in writing of
the charges proved against him, and call upon him to show-cause in writing why
an order of dismissal or reduction in rank should not be passed. Any written
representation received shall be placed on the record of the case and taken
into consideration before the final order is passed.
(2) (i)
Notwithstanding anything contained in sub-rule (1) Superintendent of
Police or any officer of rank higher than Superintendent, may institute, or
cause to be instituted, ex parte proceedings in any case in which he is
satisfied that the defaulter cannot be found or that in spite of notice to
attend the defaulter is deliberately evading service or refusing to attend
without due cause.
(ii) The procedure in such ex-parte
proceedings shall, as far as possible, conform to the procedure laid down in
sub-rule (1):
Provided
that the defaulter shall be deemed,---
(a)
not
to have admitted the allegations contained in the summary of misconduct, and
(b)
to
have entered a plea of not guilty of the charge;
Provided further that the defaulter, if he
subsequently appears at any stage during the course of the proceedings shall
not be entitled to claim de novo proceedings or to recall for cross-examination
any witness whose evidence has already been recorded. He shall, however, be
fully informed of the evidence which has led against him and shall be permitted
to take notes thereof. He shall also be furnished with a copy of the summary of
misconduct and of the charge or charges framed.
(For Haryana)
(3) Notwithstanding anything contained in these
rules, where an officer, empowered to dismiss, remove or reduce in rank the
police officer accused of misconduct, is satisfied at any stage during an
enquiry that for reasons, to be recorded in writing by that officer, it is not
reasonably practicable to hold the enquiry after that stage, he will
straight-away awarded the punishment.
Explanation.-
For the purposes of sub-rule(3), initiation of disciplinary proceedings against
the police officer on the grounds of,---
(i)
indulging
in spying or smuggling activities;
(ii) disrupting the means of transport or of
communication;
(iii)
damaging
public property;
(iv)creating indiscipline amongst fellow policemen;
(v)
promoting
feelings of enmity or hatred between different classes of citizens of India or
grounds of religion, race, caste, community or language;
(vi)going on strike or mass casual leave or
resorting to mass abstentions;
(vii)
spreading
disaffection against the Government; and
(viii)
causing
riots and the like;
shall be a
sufficient reason for concluding that it is not reasonably practicable to hold
the enquiry.”
SYNOPSIS
1. Admission
regarding guilt and pleading guilty.
2. Constable
molesting lady constable.
3. Cross-Examination—Departmental
Enquiry.
4. Departmental
enquiry dispensed with after recording reasons and application of mind.
5. Departmental
Enquiry—Right to cross- examination.
6. Dismissal
from service after departmental enquiry.
7. Dismissal
on the charge of assaulting a girl.
8. Dismissal—Refusal
to perform the duty.
9. Dispensing
with enquiry.
10. District
Magistrate to pass a speaking order.
11. Enquiry
Officer exonerated the petitioner by holding that he was not negligent in the
performance of his duties.
12. Enquiry—Police
officer challaned the accused.
13. Nature
and degree of misconduct.
14. No
reasonable opportunity given to cross-examine the witnesses produced by the
department.
15. Non-supply
of statement of witnesses cannot be said to have vitiated the disciplinary
proceedings.
16. Opportunity
of oral hearing.
17. Opportunity
of personal hearing.
18. Opportunity
of personal hearing.
19. Opportunity
to a delinquent.
20. Order
of dismissal well reasoned-Personal hearing not given.
21. Personal
hearing-No specific plea.
22. Personal
hearing-Procedure regarding.
23. Presence
before the dismissing outhority.
24. Reasons
for dispensing with the enquiry.
25. Reference
to District Magistrate.
26. Termination
of probationer on the ground of taking part in “a non-taking food compaign”.
27. Word
“enforcement”.
COMMENTS
1.
Admission regarding guilt and pleading
guilty. The petitioner was not given an
opportunity to defend hemself. Now the
papers of the enquiry which are produced in case show that the pertitioner had
admitted and had pleaded guilty to the charges levelled against him. It is difficult to understand what further
opportunity the petitioner required in view of his clear plea of guilty. The petitioner has contended in the petition
that he had never pleaded guilty. This
is of course a bare assertion of an interested party. In fact, he has not filed any appeal
challenging the allegation that he pleaded guilty. Shri Bhagat Ram vs. Inspector General of
Police, Himachal Pradesh and others,
1979(3) S.LR. 256.
2.
Constable molesting lady constable. The trial court found that the plaintiff was
guilty of the alleged misconduct, there was no necessity for according the
sanction by the District Magistrate and that there was no question of any
illegality in the orders passed by the authorities. Consequently, his suit was dismissed. IN appeal, the learned Additional District
Judge reversed the said finding of the trial Court relying upon the judgment of
this court in Gurdev Singh vs. The State
of Haryana, 1976(2) SLR 442. In view of
the ratio of the above-said case, it was held that in the present case, the
only allegation against the plaintiff was that while under the influence of
liquor he pulled down the mosquito-net of the lady constable while she was
sleeping on cot. There was no allegation
that the said lady Constable was actually molested. No finding was recorded by the punishing
authority that the misconduct committed by him was of a gravest type. That being so, the order of dismissal passed
against the plaintiff was liable to struck down. It was further found by the lower appellate
Court that the provisions of rule 16.24 of the Punjab Police Rules, were also
not complied with inas much as the plaintiff was not fully informed of the
evidence which had been led against him ex parte, and that he was not permitted to take notes of
the same. Thus, the mandatory provisions
of rule 16.24 of the Rules were violated.
In view of the said findings, the plaintiff’s suit was decreed. Dissatisfied with the same, the State of
Punjab has filed this second appeal in this Court. State of Punjab and other vs. Iqbal Singh,
Ex-Constable, 1985(3) S.L.R. 713.
3.
Cross-Examination-Departmental
Enquiry, in a disciplinary inquiry
against a civil servant, the right of effective cross-examination including the
contradiction of witness examined in support of the charges in an essential
part of the rules of natural justice.
Jug Raj Singh vs. The Delhi
Administration, Delhi and other,s 1970 S.L.R. 400.
4.
Departmental Enquiry-Right to
cross-examination. The petitioner was
denied the right to defend himself because the right of effective
cross-exmaination by using the previous statement of the complainant was denied
to him contrary to Police Rules. Apart from
Police Rules the right to cross-examination is included in the minimum content
of the rules of natural justice applicable to a disciplinary inquiry. Further held, there are two classes of
documents to which public servant has a right to defend himself. In the class are the documents on which the
Inquiry Officer to defend himself. In
the first class are the documents on which the Inquiry Officer relie,d that is
to say docuemnts which are intended to be used the prosecution agenchy to prove
the charges against the public servant, in the second class fall the documents which, even if they are not
relied upon by the Enquiry Officer to support the charges against the
petitioner, are nevertheless required by the petitioner for his defence. Jug Raj Singh vs. The Delhi Administration, Delhi and others,
1970 S.LR. 400.
5.
Departmental enquiry dispensed with
after recording reasons and application of mind. It could not be successfully argued on behalf
of the petitioner that the enquiry under Article 311(2)(b) of the Constitution
of India was dispensed with arbitarily or without any application of mind. Even if it be held that the enquiry was not
dispensed with arbitrarily, then as regards punishment, ordinarily it is not for
this Court to go into the matter. It is
for the department concerned to award punishment after taking into
consideration all the facts and circumstances of the case. Balbir Sigh vs. State of Punjab and others,
1989(4) S.LR. 42=1989(2) RSJ 540.
6.
Dismissal from service after
departmental enquiry. It is correct that
under Rule 16.24(2)(ii) even in the case of ex parte proceedings, the procedure
prescribed under Rule 16.24(1) has to be followed as far as possible. Personal hearing is definitely a step in the
procedure prescribed under rule 16.24(1) for holding a departmental enquiry to
impose the penalty of dismissal. But in
my opinion, the words ‘as far as possible’ make the provision only
directory. The State of Punjab 1967 SLR
678 is distinguishable on its own facts.
That was not a case of ex parte proceedings. Moreover, it was found by the Court that
thought personal hearing was given to the petitioner in that case yet, it was a
mere formality as the Superintendent of Police had already made up his mind to
punish him as was apparent from the notice to show cause. Dhani Ram vs. State of Himachal Pradesh,
1991(6) S.L.R. 184.
7.
Dismissal on the charge of assaulting a
girl. The petition averred two separate
facts. Para II of the petition stated
that the findings of the Enquiry Officer were not communicated to the appellant
when he was summoned before the Superintendent of Police, and para 12 stated
that he was only orally told that it was proposed to dimiss him and that no
other fact was communicated to him. In
reply to these two averments, the affidavit which has not been filed admits
that the first of the allegations is correct.
Para II of the affidavit of the respondent quite clearly admits that the
findings were not communicated to the appellant. Para 12 of the petition which stated that he
was only told that it was proposed to
dismiss him has not been met by the quotation from the order sheet of
the proceedings before the Superintendent of Police, and does not advance the
matter much further.
It was contended before us that what
is meant by the word ‘charge’ in the order sheet of the Superintendent of
Police is very much the same, as is meant by Rule 16.24, para 9 of the Punjab
Police Rules, Vol. II, where it is laid down that the “defaulter” should be
explained the “charge proved” against him but this is not what the order sheet of the Superintendent of
Police shows. This does not appear to
have been done, and the affidavit which has been filed in this Court is not the
affidavit of the officer who knew personally about the matter but of person who
had only the proceedings before him and swore to their accuracy from
information. In this view of the matter,
we find ourselves unable to accept the contention of the learned counsel for
the respondent that due compliance with the requirements of Art. 311(2) was made in this case. In our opinion, this defect goes to the very
root of the matter, and the appeal must, on this ground alone, succeed. Avtar Singh, Police Constable vs. The
Inspector General of Police, Punjab, 1968 S.L.R. 131.
8.
Dismissal-Refusal to perform the
duty. The impugned order does not
indicate that the punishing authority examined the claim of the plaintiff for
pension having regard to the length of his service. It is undisputed that the plaintiff had 7-1/2
years service to his credit on the date of order of dismissal was passed. The rule enjoined upon the disciplinary
authority while awarding the punishment of dismissal from service to take into
consideration the length of service of the dilinquent official and his claim to
pension. The impugned order does not
indicate that the disciplinary authority took into consideration the length of
service of the plaintiff and his claim to pension. The order of dismissal being in violation of
the statutory rule was rightly held to be invalid. The judgments of the Courts below suffer from
no infirmity. The same are upheld. State of Haryana vs. Lachman Singh, 1991(7) S.LR. 74=1992(2) RSJ
398
9.
Dispensing with enquiry. Undertrials freed---Dismissed from service
after dispensing with regular enquiry-Petition against—Dismissed-Enquiry not
dispensed with arbitrarily. Head
Constable Swarm Singh vs. State of Punjab and another, 1989(2) RSJ 742.
10.
District Magistrate to pass a speaking
order. There is no doubt whatsoever that
the provisions of Rule 16.38 envisage as to how the authorities shall act
in: situation when a complaint is
received by the Superintendent of Police indication, commission by a police
officer of a criminal offence in connection with his official relations with
the public, namely, that either he should be criminally prosecuted or he should
be dealt with departmentally by holding departmental enquiry in accordance with
the procedure laid down in Rule 16.24.
Further, it is also obvious that information of the complaint received
by the Superintendent of Police of the commission of criminal offence has to be
given to the District Magistrate and after preliminary enquiry as a general
rule the criminal prosecution of the police official concerned must follow. In certain exceptional cases, however, where
the District Magistrate is of opinion that the delinquent should be dealt with
departmentally, he has to give reasons therefor meaning thereby that this must
be a speaking order with full
application of his mind. In fact, a
Division Bench of the High Court of Himachal Pradesh in State of Himachal
Pradesh vs. Nain Singh and another, AIR
1986. H.P. Series 727, while relying on
the judgment of the Supreme Court in State of Punjab vs. Charan Singh, AIR 1981
SC 1007, has held that if a police officer is criminally prosecuted without any
intimation to the District Magistrate or obtaining his prior permission for
such prosecution, there is no violation of the provisions of Rule 16.38 but, in
case the police officer has to be departmentally dealt with, the prior sanction
of the District Magistrate in this behalf is a condition precedent and the
District Magistrate is required to pass in such a situation a speaking order
after full application of his mind.
State of H.P. vs. Baldev Singh, 1989(7) S.LR. 1.
11. Enquiry officer exonerated the
petitioner by holding that he was not negligent in the performance of his
duties. It was on the basis of this
evidence that the Enquiry Officer had exonerated the petitioner of the charges
levelled against him. The Senior
Superintendent of Police while issuing the show cause notice to the petitioner
did not refer to any evidence which may show that the petitioner was negligent
in the performance of duties. The show
cause notice was totally vague and did not specify the grounds on which
respndent No. 2 had disagreed with the findings recorded by the Enquiry
Officer. It was merely mentioned that “I do not agree with this report, because
you remained posted as Station House Officer, Police Station City, Tarn Taran
and it was your duty to take interest in arresting the accused in these cases
but you failed to do so. Therefore, I find you guilty in this
Departmental Enquiry.” It is not stated
as to why the respondent did not agree with the findings of the Enquiry
Officer. It does not also indicated as
to which part of the enquiry report was being doubted by the officer. In such a situation, it cannot be said that
the petitioner was given an effective opportunity to show cause. The petitioner
had then made a specific grievance against this action before the appellate as
also the revisional authorities. His
claim was rejected without any reference to the clear evidence on record.
It is
no doubt correct that the High Court while exercising jurisdiction under
Article 226 of the Constitution of India does not sit as a Court of
appeal. However, it is charged with the
duty of ensuring that the action taken by the authorities is just and fair. I am satisfied in the circumstanes of the
case that the action was totally arbitrary.
Rajinder Kumar.
SI (Retd.) vs. State of Punjab and others, 1992(4) S.L.R. 394=1992(3)
RSJ 302.
12. Enquiry
– Police officer challaned the accused. It must be noticed that it is not the
mere presence of a few tyre marks on the record, without anything more, that
would suggest that speed at which the vehicle was driven at the relevant time.
It is common knowledge based on the ordinary and well known laws of physical
that only if the distance over which tyre marks appeared and the weight of the
vehicle are known if would be possible to estimate the speed at which the car
was driven. Even if a car is driver at a slow speed, when brakes are suddenly
applied some tyre marks are possible. There is , therefore no support from the
evidence on record before the Enquiry Officer for the view that the petitioner
had falsely introduced reference to tyre marks on the road. Hem Raj , A.S.I.
Police vs. The Delhi Administration and ors., 1973(1) S.L.R. 340
13. Nature
and degree of misconduct. The object of making a preliminary investigation is
to ascertain the nature and degree of misconduct which had be formally inquired
into. This record of preliminary investigation is no doubt not to be a part of
the formal departmental record. There does not seem to be scope, However , for
any secret enquiry such as what Shri Jarith says, in the report, he made. This
opportunity given to the delinquent is prima facie inconsistent with any notion
of secrecy for the delinquent can be present if he likes, though it is not
obligatory on his part to be present. It seems difficult to agree with the
contention that he could be present only when it was so ordered by the
Superintendent of Police or other gazetted officer initiating the
investigation. Those words apply to only the enquiry, which is to be conducted
when so ordered but not to the presence of the delinquent at such enquiry. If
the Superintendent of Police or other officer is given the option of allowing
the delinquent to be present or not present it is possible that the very
purpose of enabling his presence during such enquiries is likely to be
unfulfilled in may cases.
Rule
16.24(v) provides that the enquiring officer “shall record the statements of
those defence witnesses whom he decides to admit in the presence of the
accused, who shall be allowed to address questions to them, the answers to
which shall be recorded” etc. Fairness would require some reasons to be given
why some alone among the witnesses in the list of defence witnesses are
examined while the examination of others is not permitted. In the present case,
by merely looking at that list, one is unable to find anything to distinguish
between those who were examined and those who were not, even making allowances for the enquiring officer’s
anxiety not to duplicate witnesses. There is no means of knowing the
considerations which prevailed with the enquiring officer in the present case
in the matter of only recording the statements of only some but not of all
witnesses required to be examined in his behalf by the delinquent officer.
All
these individually and cumulatively did have an impact on the fairness of the
enquiry. It is of extreme importance that such departmental inquiries in which the servants of the State are likely
to meet with even major penalties should be punished after a full and fair
inquiry, the enquiring officer and others concerned with such enquiries should
be careful and avoid giving an impression of unfairness in anything which they
do or fail to do. Ram karan vs. Union of India and others, 1975(2) S.L.R. 683
14. Non—supply
of statement of witnesses cannot be said to have vitiated the disciplinary
proceedings. We have considered these rulings but find that the facts in the
present case are materially different from those in the two above mentioned
rulings in as no request whatsoever was made in writing for the supply of
statement of witnesses recorded during the preliminary enquiry, and the
contention of the learned counsel for the petitioners that such a request was
made orally during the course of enquiry cannot be relied upon, particularly in
view of the clear stand taken by the respondents that the petitioners never
applied for the copies of statement as alleged. We have, therefore, no
hesitation in coming to the conclusion that the petitioners did not ask for the
copies of the statement of the witnesses recorded during the course of the
preliminary enquiry and their stand that they asked for such copies verbally is
not worthy of any reliance. Godan Devi and anr. vs. Superintendent of Police
and ors., 1991(3) S.L.R. 623
15. No
reasonable opportunity given to cross-examine the witnesses produced by the
department. The final argument raised by the counsel for the respondent is that
there was no compliance of the other mandatory provisions of rule 16.24(1) as
the respondent had not been given a list of witnesses or documents relied upon
by the Department and that a reasonable opportunity was not given to
cross-examine the witnesses produced by the Department. We have gone through
the pleadings of the parties in this respect and find that no such point was
made in the plaint and, as such, no justifiable grievance can now be made on
this score. State of Punjab vs. Parkash Chand, Constable, 1992(1) S.L.R. 174
16. Opportunity
of hearing not given before passing the order. It has been stated in the
examination-in-Chief that no opportunity of gearing was given to the plaintiff
before imposing the penalty of dismissal. There is no reliable evidence to
rebut the same. It is not dispute at the bar that no opportunity of hearing was
given before passing the impugned order though an opportunity of hearing was
given after the pronouncement of the punishment. In my considered view it will
be no opportunity and it will be in violation of principles of natural justice,
apart from the patent violation of rule 16.24(9) which envisages that before a
punishment is imposed on a person an opportunity should be given to show cause
that the proposed punishment is disproportionate to the offence committed by
him. Nothing substantial has been stated to controvert the said proposition.
State of Haryana and another vs. Surjan Singh, 1990(2) S.L.R. 88
17. Opportunity
of oral hearing. The Statutory requirements of personal hearing envisaged by
the portion of clause (ix) just above the proviso, relates to the stage
subsequent to the provisional opinion of the competent authority resulting in
the service of the ‘show-cause’ notice and prior to the final making up of the
mind of the punishing authority. In the instant case, the impugned order shows
that not only had the Superintendent of Police made up his mind finally, but
had recorded his detailed order wherein he had even considered the question of quantum of punishment and
held that there were no extenuating circumstances to inflict on the petitioner
any punishment lesser than that of dismissal. Having recorded all that, the
punishing authority said in the last sentence of its order that a verbal
hearing would, however, be given to the petitioner, as required by the rules “at
the time of announcement of the order”. This shows that the alleged verbal
hearing given to the petitioner on April 29, 1963, was a mere farce and that
the punishing authority had already closed its mind finally in the matter
before the oral hearing commenced. This kind of a situation ids often described
in legal terminology as a fraud on the requirement of the rule. It has been
held in C.P.Govil’s case, 1965(1) DLT 16 that the High Court can set aside any
finding or order which has been arrived at without observance of procedure
required by law and in violation of principles of natural justice. We are of
the considered opinion that the impugned order was passed without observance of
the procedure prescribed in clause (ix) of rule 16.24(1) of the Police Rules
and the hearing after the perpetration of the final order and just before its
announcement, was a cheer formality which cannot be held to have satisfied the
requirements of the rule and which appears to have violated the principles of
natural justice. Siri Ram vs. State of Punjab, 1967 S.L.R. 678
18. Opportunity
of personal hearing. In support of this position the petitioner had also
annexed (he has also referred to other instances) a copy of the order of the
order of the Inspector General of Police (Annexure Z-19) in Revision Petition
filed by H.C.Vinodi Lal where an order of reduction in rank, passed on the
ground of his having contracted a second marriage during the life-time of his
first wife, was quashed on the ground that Rule 16.24(I)(viii) a similar rule
which applied to his case-which required that he should be called upon to
appear before the punishing authority and be informed of such punishment being
awarded upon him, was not observed. The order of punishment was quashed and
fresh orders were directed to be made on the merits of the case from that stage
onwards. The rule itself is quite clear; it has been explained and affirmed in
the circular issued by the Inspector General of Police on 30.5.1971 (copy of
which is Annexure Z-17) drawing attention to the need for the delinquent
officer to be produced before the punishing authority before punishment is
awarded. There has been a failure to comply with it in the present case; it is
unfortunate that inspire of the petitioner asking for a personal hearing he was
not granted one. In the view that the enquiry itself has to be quashed from the
commencement the need to quash the same from a later stage assumes secondary
importance and hence may not have to be discussed further. None the less,
reference has been made to this aspect the order to show that in no view of the
matter could be punishment of dismissal, as it was originally passed, be
justified. Ram Karan vs. Union of India and others, 1975(2) S.L.R. 683
19. Opportunity
to a delinquent. Issuance of a written show cause notice to the delinquent
official and the consideration of the reply received in response thereto,
amounted to substantial compliance with sub-rule (ix) of rule 16.24(1) of the
Rules, and the said exercise having gone through in the present case, fulfils
the requirement of law. The State of Punjab vs. Parkash Chand, 1992(1) RSJ
(D.B) 61
20. Order
of dismissal well reasoned—Personal hearing not given. The main argument of the
learned counsel for the applicant Sh. H.S. Mann, rested on the meaning and
import of the words “dismissal shall be awarded only for the gravest of
misconduct”. It was submitted that assuming that the applicant was guilty of
the alleged misconduct, still he could not be dismissed except when there were
several acts of misconduct, because the above mentioned rule refers to “acts”
and not to an “act” of misconduct. It was observed in Bhagwat Parashad v.
Inspector General of Police and other, 1967 SLR 807 that there must be
plurality of acts of misconduct, does not appear to be sound as such an
interpretation could lead to absurd results. An illustration considered in
support of the above interpretation was that if a foot constable were to
subject a high police officer to a wanton and serious assault, or were to be
guilty of a single act of gross insubordination, could was repeated at least
once. It was further observed that the use of the words “acts” does not exclude
a single act of misconduct and that in order to gauge gravity of misconduct,
what matters, is not frequency, as obliquity or delinquency. What really
matters is the enormity of the misconduct. Manjit Singh vs. Home Secretary and
others, 1989(6) S.L.R. 399
21. Personal
hearing – No specific plea. On a reading of the entire written statement, the
impression left is that all the requirements of the provisions of law for
taking disciplinary action were followed meticulously and there was no
violation of infraction of any part of the Rules, and in the absence of the
specific plea about non-granting of personal hearing as required by Rule 16.24
of the Police Rules, the State could not be expected to lead evidence in this
behalf and the trial Court was not right in observing that the statement of the
plaintiff in this behalf remained un-controverted. Evasive plea like the one is
to be ignored. The plaintiff has not produced the copy of the order passed by
the I.G.Police, from which it dealt with. If the plea about non-granting of
personal hearing had been specific then in the interest of justice, I would
have allowed the placing on record the copy of the order passed by the I.G.
Police, with regard to rebuttal to the other side. Since plea is vague and
inconclusive, it is futile to follow this procedure at such a late stage.
Joginder Singh vs. Punjab State, 1989(3) S.L.R. 626 = 1992(3) RSJ 1967
22. Personal
hearing—Procedure regarding. The first point urged by the counsel for the
appellant must succeed. We therefore, hold that the issuance of a written
show-cause notice to the delinquent official and the consideration of the reply
received in response thereto, amounted to substantial compliance with sub-rule
(ix) of rule 16.24(1) of the Rules, and the said exercise having gone through
in the present case, fulfills the
requirement of law. We are however not unmindful of the fact that written
representations are often dealt with in a casual and perfunctory manner and to
obviate, this possibility we hold that should a delinquent official request a
personal hearing it must be given to him
and its denial would vitiate any actin against the official. State of Punjab
vs. Parkash Chand Constable, 1992(1) S.L.R. 174
23. Presence
before the dismissing authority. Rule 16.24 contemplates two alternatives,
either the production of the officer threatened with punishment before the
officer who is to pass that order and the recording of an oral statement after
informing him of the charges provided against him or else his submitting a
written representation against the order proposed to be passed against him
after similarly informing him of the charges proved against him.
The
onus was on the plaintiff to prove any defect in the proceedings which led to
his dismissal. The bare assertion that he was not produced before the
Additional Inspector General is not at all sufficient to establish his case.
State of Punjab vs. Sunder Singh, 1968 P.L.R.. (S.N) 33
24
Reasons
for dispensing with the enquiry. The reasons given for dispensing with the
enquiry in he impugned order are: because in the present circumstances if the
departmental enquiry is ordered, a large number of witnesses have to be
examined and the witnesses may not come forward due to fear of the accused
(undertrials) who are still at large and can put the witnesses in constant fear
of death and either harm at their hands; that it is not practicable to order a
regular departmental enquiry due to the chaotic condition in the Punjab created
due to the extremists menace. The said two reasons could not be said to be
relevant or extraneous as to hold that the enquiry should not have been dispensed
with. Swaran Singh, Head Constable vs. State of Punjab and another, 1989(4)
S.L.R. 171= 1991(2) RSJ 115.
25. Reduction
in rank Rule 16.24 of the Punjab Police
Rules leaves no manner of doubt that it is incumbent on the punishing authority
to afford a personal hearing before an order of dismissal or reduction in rank
is passed. Rulia Ram Vs. The Punjab
State, 1968 P.L.R. (S.N.) 27.
51.
Reference to District Magistrate. Rule 16.24(1) (ii) of the Punjab
Police Rules shows that “when the allegations are such as can form the basis of
a criminal charge. The Superintendent
shall decide”----- whether the accused shall be tried departmentally
first and judicially thereafter. A harmonious reading of Rules 16.24 (ii) and
16.38 shows that the Superintendent of Police is not required to send
information to the District Magistrate
regarding any and every criminal offence committed by a police officer. It is
in this context, that the use of the expression “ in connection with his
official relations with the public” becomes significant. Unless this
requirement of Rule 16.38 is satisfied, no reference to the District
Magistrate is required. A police officer
when accused of criminal offence can be dealt with departmentally and can also
be prosecuted in a criminal Court. Rule 16.24(1)(ii) as mentioned above,
empowers the Superintendent of Police to take decision in this behalf. Brij
Pal Singh, Constable vs. State of Haryana and others, 1991(7) S.L.R. 246.
52.
Termination of probationer on the ground of taking part in “a
non-taking food compaign” The impugned order of removal dismissal of service
was in substance and in effect in order made by way of punishment after
considering the service conduct of
petitioner . There is no doubt the impugned order casts a stigma on the service
career of the petitioner and the order being made by way of punishment, the
petitioner is entitled to the protection afforded by the provisions of Article
311(2) of the Constitution as well as by the provision of Rule 16.24(ix)(b) of
the Punjab Police Rules, 1934. The petitioner has not been served with any
charges of misconduct in discharging of his duties as a police constable nor
has he ever been asked to show cause against the said charges. The order of
removal from service was made because of his union activities namely
participating in the call for expressing the protest of the association for
improvement in service conditions by abstaining from taking meals in the Mess
on 15th August , 1982 although the petitioner like other members of
the association performed his duties on that day an did not abstain from duty.
It cannot be said in the facts and circumstances of the case that the impugned
order is an order simplicities of removal from service of probationer in
accordance with the terms and conditions of the service. The impugned order
undoubtedly, tantamount to dismissal from service by reason of misconduct of
the petitioner in discharge of the official duties as police constable. Hardeep Singh vs. State of Haryana and
others, 1987(4) S.L.R. 576.
53.
Word “enforcement”. The
Enforcement Department was a still a Police Department and a Deputy
Superintendent of Police (Enforcement) was still a Deputy Superintendent of
Police competent to conduct enquiry. The word “enforcement” merely specifies
the department to which he was attached. Union
of India vs. Jagjit Singh, 1969 S.L.R. 356.
16.25. Standards of evidence and nature of
charges.—(1) A police officer called upon the answer a charge of misconduct
must be given every reasonable opportunity of proving his innocences; officers
conducting departmental enquiries are, however, not bound to follow the
provisions of the Criminal Procedure Code or Indian Evidence Act. They may
admit any evidence which they consider relevant, and should exclude evidence
which is irrelevant to the specific charge under enquiry, or which is
introduced merely to prejudice the opposite party or to could the issue. They
require only that standard of proof which is necessary to satisfy themselves
whether the charge is established or not. Discipline must also be maintained in
relation tot he proceedings of departmental enquiries, Refusal by an accused
police officer to plead or answer
questions; inordinate delay in producting his defence; insubordinate behaviour
before the enquiring officer, and the intemperate or impertinent
questioning of officers by accused
officers who are their inferiors in
official status, are, in addition to being contrary to the spirit of the rules
for the conduct of departmental enquiries, entirely contrary to the requirements
of discipline, and shall be treated accordingly.
(2) Charges
need not be framed in relation only to a specific incident or act of
misconduct. When reports received against an officer or a preliminary enquiry
show that his general behaviour has been such as to be unfitting to his
position, or that he has failed to reach or maintain a reasonable standard of
efficiency he may and should be charged accordingly, and a finding of guilty on
such a charge will be valid ground for
the infliction of any authorized departmental punishment which may be
considered suitable in the circumstances of the case.
16.26. Payments to witnesses. -- Witnesses summoned in departmental enquiries
shall be entitled to journey expenses and, if detained for more than twelve hours,
to suitable detention allowance. Such expenditure shall be paid out of the
allotment for “Rewards to private persons”.
16.27. Panel officers. -- When it appears that allegations of
misconduct on the part of a police officer in respect of his relations with the
public are of such a nature as to involve a lengthy and complicated
investigation, or when in any district important enquiries of this nature are
so numerous as seriously to hamper the fulfilment by superior officers of the
district staff of their normal duties the Superintendent may apply through the
Deputy Inspector-General to the Inspector-General for the services of a special
officer to conduct such enquiry or
enquiries. If the Inspector-General decides to support the request, he will apply to the
Chief Secretary to Government for the services of member of the panel of
selected retired officer. If a panel officer is deputed, he will hold his
investigation and record all available evidence under the general supervision
of the immediate superior of the officer under suspicion, who may be in a
position to give evidence. He shall have no powers of punishment and on the
conclusion of investigation he will submit his report and the record of
evidence to the superintendent of Police with a recommendation as to the
charges which, in his opinion, can be established. The prescribed procedure for
final orders, appeals, etc. shall then apply Panel officers will be remunerated
by the Inspector-General at the rates authorised by the Local Government. (Chief
Secretary’s confidential latter No. 37996, dated 20th October,
1926).
16-28. Powers to review proceedings. – (1) The
Inspector-General, a Deputy Inspector-General, and a Superintendent of Police
may call for the records of awards made by their subordinates and confirm,
enhance, modify or annul the same, or make further investigation or direct such
to be made before passing orders.
(2) If an award of dismissal is annulled,
the officer annulling it shall state whether it is to be regarded as suspension
followed by reinstatement, or not. The order should also state whether service
previous to dismissal should count for pension or not.
(3) In all cases in which officers propose
to enhance an award they shall, before passing final orders, give the defaulter
concerned an opportunity of showing cause, either personally or in writing, why
his punishment should not be enhanced.
SYNOPSIS
1.
Appellate Authority had no jurisdiction
to remand the case to the punishing authority to pass a de novo order of
punishment.
2.
I.G. competent to review the proceedings
and enhance the penalty imposed by Superintendent of Police.
3.
Penalty—Enhancement of.
COMMENTS
1. Appellate
Authority had no jurisdiction to remand the case to the punishing authority to
pass a de novo order of punishment. A plain reading of the Rule makes it clear
that the Appellate Authority i.e. the Deputy Inspector General of Police, had
the following options after calling for the record and the award made by his
subordinate authority : (i) to confirm the award; (ii) to enhance, modify or
annul the award, or make further investigation himself, or direct such further
investigation to be made by the subordinate authorities before passing the
orders of confirmation, enhancement, modification or annulment. He had no jurisdiction
to remand the case to the punishing authority to pass a de novo order of
punishment. The jurisdiction of the Appellate Authority having been specified
by the statutory provisions, the jurisdiction to remand shall be deemed to have
been impliedly not granted. In view of this, the remand order being without
jurisdiction, all the subsequent proceedings shall be deemed to be void and
without jurisdiction. Punjab State vs.
Piara Singh, Ex-Head Constable 1988(7) S.L.R. 493
2. I.G.
competent to review the proceedings and enhance the penalty imposed by
Superintendent of Police. The provisions of the Act cannot be carried properly
unless suitable and detailed rules are made with a view to see that proper and
appropriate punishment is awarded in a particular case consistent with the
efficiency of the police force and the idea of prevention and detection of
crime. When, therefore, the State Government framed Rule 16-1 and provided the
lessor punishment of stoppage of increment or forfeiture approved service, it
was completely within its powers under Section 46 to frame such a rule. To sum
up, therefore, we are of the opinion that it is not possible to contend
successfully that Rule 16-1 which contemplates the punishment of stoppage of
increment or forfeiture of approved service is in any manner ultra vires the
statute. Shri Bhagat Ram vs. Inspector
General of Police, himachal Pradesh and others, 1979(3) S.L.R. 256
3 Penalty
- - Enhancement of. The petitioner, in support of his contention, has relied
upon Anadi Pradhan vs. Inspector General of Police and others, 1971(2) SLR 711,
wherein it was held that the appellate authority had no jurisdiction to enhance
the punishment in an appeal filed by the delinquent official when the
department had not appealed against of quantum of punishment inflicted by the
disciplinary authority. The ratio of this judgment is not applicable to the
facts of this case. Another judgment relied upon is State of Mysore vs. H.D. Kolkar, 1974(1) SLR 51. The facts of this
case are completely different from the facts of the case under consideration. Gopi Chand, Head Constable vs. Deputy
Inspector General of Police, Hissar Range and others, 1979(3) S.L.R. 586
16-29. Right of appeal. – (1) Appeals shall lie only against orders of
dismissal or reduction or stoppage of increment or forfeiture of approved
service for increment.
(2)
There
shall be one appeal only from the original order, and the order of the
appellate authority shall be final.
(3)
A
copy of the original order appealable shall be supplied to the person concerned
free of cost.
(4)
Any
person wishing to appeal under sub-rule (1) may apply to the Superintendent for
a copy of the complete record, or any portion thereof. Such copies shall not be
given during the pendency of the original proceedings for the facilitating of
cross-examination or the preparation of the defence. Copies of the record of
preliminary enquiries [rule 16-24 (viii) shall not be given for purposes of
appeal.
Such application shall bear a court-fee stamp of the
value of two annas, unless the applicant is in Jail, and shall be accompanied
by a deposit of the copying fees chargeable under the scale in force in the
civil courts of the district.
(5)
The
copy of such record shall be given with as little delay as possible, and the
Superintendent shall certify to its correctness and to the date on which it was
given to the applicant.
(6)
The
appellate authority in cases of reduction and dismissal is an indicated in the
following table:---
SEE TABLE on next page
(For the words “Officers-in-charge
of Recruits Training Centres” or or any singular or plural variants thereof,
wherever occurring, the words “Officers-in-charge of Police Constables Training
Centres” Shall be substituted-For Punjab vide G.S.R. 43 dated 4.4.1988).
|
(7) Appeals against reduction shall be
presented through the Superintendent of Police of the district in which the
appellant is serving; but in the case of officers serving directly under a
Deputy Inspector-General of Police appeals shall be forwarded through such
Deputy Inspector-General of Police. Appeals against dismissal shall be
forwarded direct to the appellate authority.
Officer by whom original order of punishment is
framed
|
Appellate authority
|
|
Deputy
Superintendent (Administrative), Government Railway Police, Deputy Superintendent,
in charge of Railway Police Sub-Division
Superintendent
of Police, Senior Assistant Superintendent of Police, Lahore,
Officer-in-charge of Recruits Training Centre, Deputy Superintendent of
Police, Punjab Armed Police, Lahaul and Spiti.
Deputy
Inspector-General of Police, Assistant Inspector-General Government Railway
Police, assistant Inspector-General provincial Additional Police (designated
as Commandant, Provincial Additional Police), Assistant Inspector-General of
Police (Traffic)
|
Assistant
Inspector-General, Government Railway Police.
Deputy
Inspector General of Police and Assistant Inspector General, Provincial
Additional Police (designated as Commandant, Provincial Additional Police)
Inspector
General of Police
|
SYNOPSIS
1.
Appeal against order of dismissal from
service.
2.
Enquiry – Scope and application.
3.
Personal hearing – Dispensing with
departmental enquiry.
COMMENTS.
1. Appeal
against order of dismissal from service. Admittedly, the petitioner was not
gien personal hearing so the impugned order passed on appeal is allowed with
costs and the impugned order of dismissal from service and the order passed on
appeal are hereby quashed. The respondents are directed to reinstate the
petitioner with full back wages with 12% interest per annum, within a month. Darshan Singh vs. State of Punjab and
another, 1991(4) S.L.R. 102
2. Enquiry—Scope
and application. As a matter of fact rule 16.29 deals with a stage after the
original order of punishment has been passed. All that this sub-rule (4) of
Rule 16.29 means is that though the right to obtain a complete record is
available to the police official after the original order has been impugned
this will not entitle him to also ask for the copies of the file/report during
th3e pendency of the original proceedings, that is to say that if on the first
day 2/3 witnesses have been examined the police official cannot insist that he
be should be given copies of their statements for the purpose of
cross-examining the other witnesses who are to be examined on subsequent days.
This rule deals with a situation about the supply of copies during the course
of the enquiry and has no relevancy to whether the copies of the statements
recorded at preliminary enquiry should be given to the Police Officer or not
for the purpose of cross-examining the witnesses when they are examined at the
enquiry. This rule does not, therefore, in any way prohibit the supply of the
copies of the prior statements of the witnesses which are needed to exercise
the effective right of cross-examination and is a content of the reasonable
opportunity to which the police officials has Constitutional right. As the
statements of those witnesses were denied to the plaintiff there is no scope
from the conclusion that the plaintiff was denied a reasonable opportunity and
the order is liable to be struck down on this ground also. Union of India vs. Shri Ravi Dutt, 1973(1) S.L.R. 1222
3. Personal hearing—Dispensing with
departmental enquiry. The petitioner appealed to the D.I.G. against there order
of dismissal passed by the Superintendent of Police. The D.I.G. did not give
any personal hearing. It has been laid down by the Supreme Court that even in
case where enquiry has been dispensed with under the provisions of Article
311(2) it was incumbent upon the appellate authority to give personal hearing. Ashok Kumar, Sub-Inspector of Police vs.
State of Punjab and others, 1990(3) S.L.R. 127
16.30. Rules regarding appeals.—(1) Every appeal to the Deputy
Inspector-General or Inspector-General shall be in English. It shall set forth
the grounds of appeal, and shall be accompanied by a copy of the order made in
the case.
(2) An
appeal which is not filed within a month of the date of the original order,
exclusive of the time taken to obtain a copy of the order or record, shall be
barred by limitation. The appellate authority may, however, accept an appeal
filed out of time, if he sees fit to do so.
16.31. Orders on appeals – Every order passed in appeal shall contain the
reasons therefor. A copy of every appellate order and the reason therefor shall
be given free of cost to the appellent.
SYNOPSIS
1.
Acquittal on benefits of doubt.
2.
Not obligatory on the appellate
authority to give detailed reasons for.
COMMENTS
1. Acquittal
on benefits of doubt – While discussing the evidences the Magistrate observed
that “in the present case all the eye witnesses including Constable Raja Ram,
P.W.2 turned hostile and though, cross-examined by the learned P.P. nothing
material favourable to the prosecution could be elicited.” One of the
prosecution witnesses Ishwari Lal who was the sole witness before Enquiry
Officer of Departmental proceedings completely reverted from his statement
given to the police and confronted with his own statement before the P.P. in
the criminal proceedings. After a detailed discussion the Magistrate concluded
on the following lines. “In view of the above discussion I hold that
prosecution has not been able to prove its case beyond reasonable doubt against
accused Mehak Singh. I accordingly give the benefit of doubt to accused Mehakk
Singh and acquit him.” From the above it is, therefore, clear that the
petitioner had been acquitted on the benefit of doubt and not on merits. We see
no reason why the acquittal should be a bar against the departmental
proceedings. Mehak Singh vs. Union of
India etc., 1987(2) S.L.R. 357.
2. Not
obligatory on the appellate to give detailed reasons for – In dealing with the
question as to whether it is obligatory on the appellate authority to give
reasons in support of he order rejection the appeal as required under Rule
16.31 of the Rules, it has to be borne in mind that disciplinary proceedings
against a delinquent official begin with an inquiry conducted by an Officer
appointed in that behalf and the same is followed by a report which is
considered by the punishing authority and having regard to the material which
is thus made available and which is also made available to the delinquent
official, also the punishing authority accepts the findings of the Enquiry
Officer and thereafter issues a show cause notice, proposing punishment and
then imposes punishment after considering the reply to the show cause notice.
In the case in hand the punishing authority had recorded a detailed order (A-5)
while imposing the punishment of dismissal
form service upon the applicant. In the circumstances of the case, it
was not obligatory on the appellate pugned order (A-5) for agreeing with the
reasons and conclusions arrived at by the punishing authority. Manjit Singh vs. Secretary and others,
1989(6) S.L.R. 399.
16.32. Revision – An officer whose appeal has been rejected is prohibited
from assaying for a fresh scrutiny of the evidence. Such officer may, however,
apply, within a month of the date of despatch of appellate orders to him, to
the authority next above the prescribed
appellate authority for revision on grounds of material irregularity in the
proceedings or on production of fresh evidence, and may submit to the same
authority a plea for mercy: provided that no application for the revision of an
order by the Inspector-General will be entertained. An officer whose appeal has
been heard by the Inspector-General may, however, submit to the
Inspector-General a plea for mercy or may apply to the Inspector General for a
review of his appellate order only on the ground that fresh evidence has become
available since the appellate order has been p0ronounced. This rule does not
affect the provisions of rule 16.28.Such application or plea must be in
English.
SYNOPSIS
1. Mercy petition before Inspector
General of Police.
COMMENTS
1. Mercy petition before Inspector General
of Police. It is not necessary to decide this question for the simple reason
that the order of the Inspector General of Police in revision cannot be
maintained, because while dealing with the revision-cummercy petition, he took
into consideration the so called, chequered service records so the petitioners
which, as observed by the learned Single Judge, did not form part of the charge
and was not gone into by the Enquiry Officer and the petitioners were also not
given any opportunity to meet this aspect of the case. Consequently, in view of
the observations of their Lordships of the Supreme Court in K. Manche Gowda’s
case (supra) which were referred to in Amar Nath’s case (supra), decided by the
learned Singled Judge, the two writ petitions had to be quashed. It would be
open to the order of the Inspector General of Police had to be quashed. It
would be open to the Inspector General of Police to go into the whole question,
including the instructions of 1961 issued by the Inspector General of Police
referred to above, and to decide once again not only about the misconduct of
the two petitioners, but also about the proper punishment that is to be
inflicted. The question, whether in the circumstances of this case, the
departmental authorities could or could not arrive at the conclusion that the
misconduct of which the petitioners were found to be guilty did or did not
amount to gravest act of misconduct within the meaning of rule 16.2 of the
Rules, must be left open Normally speaking this court would be most reluctant
to go into the question of the nature of the misconduct after the matter has
been dealt with by the authorities, yet there may arise a case where the
conclusion arrived at is such that the same cannot possible be maintained.
However, as stated above, it is not necessary for us to decide this point in
the present case, at this stage. The
Inspector General of Police, Punjab vs. Balbir Singh, 1973(2) S.L.R. 271
16.33. Removal
from promotion lists.—Removal of a name from a promotion list may follow from
the award of punishment for a specific offence, or be ordered on general
grounds. In neither case shall a formal charge be framed nor evidence recorded,
but an order shall be recorded in writing and given effect to through an entry
in the Order Book. The original order of the authority ordering removal shall
be read out to the officer concerned, but a copy thereof shall not be given to
him and no appeal shall be lie against it.
16.34. Suspension of officer immediately responsible.—If a prisoner
escapes or is rescued from police custody, the enrolled police officer
immediately responsible shall forthwith be suspended from duty. A searching
departmental inquiry shall at once be held by or under the orders of the
Superintendent. The object of this inquiry shall be the elucidation of all the
circumstances connected with the escape or rescue and the determination of the
issue whether the escape or rescue could have been prevented by the exercise of
such vigilance and courage on the part of the enrolled police officer by the
exercise of such vigilance and courage on the part of the enrolled police
officer immediately responsible as might reasonable have been expected, and
whether it was rendered possible or facilitated by any neglect or omission of
duty on the part of any superior enrolled police officer.
SYNOPSIS
1. Rormaing of rule in consonance with
the provisions of Section 7 of the Punjab Police Act, 1961.
COMMENTS
1. Framing of rule in consonance with the
provisions of Section 7 the Punjab Police Act, 1961. It has been contended that
the provision of Rule 16.28 are beyond the Rule making powers conferred under
Section 7 of the Punjab Police Act. In my view the provisions of Rule 16.28 do
not infringe the provisions of Sec.7 in any manner whatsoever. No provision of
the aforesaid Rule, confers the powers of any officer lower in rank than the
Appointing Authority to inflict any punishment or enchance a punishment nor it
is shown to be in any way beyond the rule making powers of the authorities. The
decision in the case mentioned above also is clearly distinguishable as the
Court had found the rule to be beyond the rule making power conferred by
Section 25(2)(c) of the Bombay Police Act, 1951, which had fallen for
consideration. Such in not position here. Brij
Pal Singh, Constable vs. State of Haryana and others,1991(7) S.L.R. 246
16.35. Re-instatement after suspension.—On the conclusion of the enquiry,
if the Superintendent finds that no misconduct attaches to the police officer
or officers suspended, he shall reinstate them. In order to guard against any
laxity in enforcing the responsibility for escapes, Deputy Inspector General
should freely exercise their powers under rule 16.28 in respect of such cases.
16.36. Action when negligence is established.—If the enquiry establishes
negligence or connivance in an escape, thereby cretin a presumption that an
offence under Section 221,222 or 223, Indian Penal Code, has been committed,
the police officer concerned shall be prosecuted criminally, unless the
District Magistrate on a reference by the Superintendent of Police decides, for
reasons to be recorded, that the case shall be dealt with departmentally. If
the enquiry establishes a breach of discipline or misconduct not amounting to
an offence under any of the sections of the Indian Penal Code mentioned above,
the case shall ordinarily be dealt with departmentally. The criminal
prosecution under this rule of an upper subordinate shall not be undertaken
without the sanction of the Deputy Inspector General of Police.
16.37. Dismissal the normal punishment in escape cases.—(1) Dismissal shall normally follow a judicial or
departmental conviction for negligence resulting in the escape of the prisoner
and may, with the approval of the Deputy Inspector General for review of the
orders passed. The Deputy Inspector General, will, however, pass no orders
until the period of appeal has expired. If an appeal is lodged, the period of
appeal has expired. If an appeal is lodged, the punishment will be examined in
the ordinary way, if there is no appeal, the Deputy Inspector General will
proceed to review the punishment if he considers it necessary. If the Deputy
Inspector General decides to enchance the punishment awarded, an appeal will
then lie against such order to the Inspector General. If an appeal does not lie
against the original punishment awarded, the Deputy Inspector General will
proceed to review the case as soon as he received it.
(2) The
authority to retain in the service an enrolled police officer, who has been
convicted of neglect either judicially or departmentally in connection with an
escape, shall rest with the Deputy Inspector General, or, in the case of
Inspectors, with the Inspector General. If extenuating circumstance sexist,
they shall be clearly stated and application made to or through the Deputy
Inspector General to award any authorized punishment other than dismissal.
SYNOPIS
1. Ordinarily order of suspension
suspends the contract of service
COMMENTS.
1. Ordinarily order of suspension suspends
the contract of service. The documents,
orders and communications referred to earlier make it clear that the
convictions of the respondent by way of stoppage of 2 years increment was on
account of the enquiry held against him. Even in his writ petition, the
respondent had proceeded on the basis that the departmental enquiry was on
account of the escape of the said Bahadur Singh and that the order of stoppage
of increment for a period of two years, was the punishment awarded to him as a
result of the said enquiry. We are therefore, not in agreement with the finding
of the learned single Judge that there was no evidence to show that the
punishment meted out to the respondent could not be said to be on account of
the finding of misconduct in connection with the escape of said Bahadur Singh
in the said enquiry. Superintendent of Police was authorised to vacate his own
order of suspension to reinstate the respondent. It is correct that as a rule a
person who has authority to pass an order has also the authority to vacate it
but this is subject to the law or statutory rules. Rule 16.37(2) specifically
provides:---
“the
authority to retain in service an enrolled police officer, who has been convicted
of neglect either judicially or departmentally in connection with an escape,
shall rest with the Inspector General of Police…..”
In the face of this clear provision
contained in the Police Rules as
applicable to H.P. we are of the view
that the Superintendent of Police had not authority to reinstate the respondent
in service and that his order dated 1st September, 1965, was in
violation of the above quoted rule, and, therefore, invalid and of no effect.
The Inevitable result of this
conclusion would be that the aforesaid order of reinstatement has to be treated
as non-existent and would have the result of revising the order of suspension
dated August 21, 1965. If the respondent had not resumed duty in pursuance of
even the aforesaid invade order of reinstatement, this appeal would have had to
be allowed. The difficulty in the way of appellants, however, is that the
respondent had resumed duty on September 1, 1965, in pursuance of the aforesaid
order of reinstatement even though invalid. Ordinarily, and order of suspension
suspends the contract of service. At the same time, the employer is not
entitled to take any work from the servant during the period of suspension. It must, therefore,
follow that if the employee is allowed to resume duty during the period of
suspension and does discharge his duties, he would immediately become entitled
to his full emoluments instead of the suspension allowance that may have been
fixed. In the present case, the respondent admittedly resumed his duties on
September 1, 1965, and continued to discharge them until July 3, 1967, when the
appellant No.2 sent the aforesaid endorsement to him in pursuance of the orders
of appellant No.1. The respondent is therefore, entitled to his full salary for
the period between September 1, 1965, ad July 3, 1967 not witstanding the
revival of the order of suspension dated August 21,1965. The said order dated
July 3, 1967 can, therefore, be effective only from that date as held by the
learned single Judge and it is bad in so far as it purports to place the
respondent under suspension with effect from August 21, 1965. Inspector General of Police, Hymachal
Pradesh vs. Munshi Ram, 1971(2) S.L.R. 39
(For Haryana)
16.38.Criminal
offences by police officers and strictures by courts—procedure regarding.—(1)
Where a preliminary enquiry or investigation into a complaint alleging the
commission by an enrolled police officer of a criminal offence in connection
with his official relations with the public, establishes a prima facie case, a
judicial prosecution shall normally follow. Where, however, the Superintendent
of Police proposes to proceed in the case departmentally, the concurrence of
the District Magistrate be obtained.
(2)
Orders
have been issued by the Hon’ble Judges of the High Court making it obligatory
on all civil and criminal courts, whenever they make strictures on the personal
character to or processional conduct of a police officer, to send a copy of the
judgment to the executive authorities. In the case of the High Court itself the
copies will be forwarded to the State Government. In the case of all other
courts( including Courts of Session), the copies will be sent by the judges and
Magistrates concerned to the District Magistrate.
(3)
In
case in which strictures are passed on the conduct of the police by a Sessions
Court or by a Magistrate’s Court and no specific recommendation is made by
trate will decide whether an investigation in to the matter in necessary, and
if so, whether it shall be conducted by a police officer or by a selected Executive
Magistrate. After an investigation or enquiry, the procedure laid down in
sub-rule (1) shall be followed. In cases in which the court passing
strictures on the conduct of the police
suggests that an enquiry should be made, the District Magistrate will comply
with such request.
When
strictures on the conduct of the polcie are made by the High Court and
communicated to the State Government direct in accordance with sub-rule (2)
above, the instructions of Government as
to the action to be taken by the local authorities will be communicated to them through the ordinary channels. In
cases in which the High Court suggests that an enquiry should be made, the
State Government will give orders accordingly.
(4)
Rules
24.14 and 24.15 provide for reports of all serious charges against the police
being communicated to the State Government special report. In cases where such
serious charges arise form stricutes passed by criminal courts, the
Superintendent of Police and the District Magistrate should communicate, either
in the report itself or in a covering letter, the procedure which they propose
to adopt and any information or notes in connection with
the case which they consider should be brought to the notice of Government.
Rule 24.15 provides the opportunity for Deputy Inspector General and
commissioners similarly to communicate their comments to the State Government.
( For Punjab)
16.38.
Criminal
offences by police officers and strictures by Courts-Procedure regarding --(1)
Immediate information shll be given to the District Magistrate of any complaint
received by the Superintendent of Police, which indicates the commissions by the police officer of a criminal offence
in connection with his official relations with the public. The District
Magistrate will decide whether the investigation of the complaint shall be
conducted by a police officer, or made over to a selected Magistrate having 1st
class powers.
(2)
When
investigatoin of such a complaint establishes a prima facie case, a judicial
prosecution shall normally follow: the matter shall be disposed of departmentally only if the District
Magistrate so orders for reasons to be recorded. When it is decided to proceed
departmentally the procedure prescribed in the rule 16.24 shall be followed. An
officer found guilty on a charge of the nature referred to in this rule shall ordinarily be dismissed.
(3)
Ordinarily
a Magistrate before whom a complaint against a police officer is laid proceeds
at once to judicial enquiry. He is, however required to report details of the
case to the District Magistrate, who will forward a copy of this report to the
Superintendent of Police. The District Magistrate himself will similarly send a
report to the Superintendent of Police in cases of which he himself takes
cognizance.
(4)
The
Local Government has prescribed the following supplementary procedure to be
adopted in the case of complaints against police officers in those
districts where abuses of the law with
the object of victimizing such officers or hampering investigation is rife. The
District Magistrate will order that all petitions against police officer shall
be presented to him personally. If he considers that these petitions are of a
frivolous or factious nature, it is within his discretion to take no action on
them. When he consider an enquiry to be necessary he will use his discretion
whether to send the papers to the Superintendent of Police or to a Magistrate
for judicial enquiry.
In
the case of formal criminal complaints, the District Magistrate will arrange
for all cases to be transferred form other courts to his own.
(5)
Orders
have been issued by the Hon’ble Judges of High Court making it obligatory on
all civil and criminal courts, whenever they make structres on the personal
character or professional conduct of a police officer, to send a copy of the
judgment to the executive authorities. In the case of the High Court itself the
copies will be forwarded to the Local Government. In the case of all other
courts ( including Courts of Session) the copies will be sent by the Judges and
Magistrates concerned to the District Magistrate.
(6)
In
cases in which stricutes are passed on the conduct of the police by a Sessions
Court or by a Magistrat’s Court and no
specific recommendation is made by the Court making such strictures that an
enquiry should be made, the District Magistrate will decide whether an
investigation in to the matter is necessary, and if so whether it shall be
conducted by police officer or by a selected Magistrate having 1st
class powers. If he decides that an investigation shall be made the procedure
subsequent to such investigation shall be that laid down in sub-rule (2) above.
In cases in which the court passing strictures on the conduct of the police
suggests that an enquiry should be made,
the District Magistrate will comply with such request in accordance with the
procedure in paragraphs (1) and (2) above.
When stricture
on the conduct of the police are made by the High Court and communicated
to the Local Government direct in accordance with paragraph (5) above, the
instructions of Government as to the action be taken by the local authorities
will be communicated to them through the ordinary channels. In cases in which
the High Court suggests that an enquiry should be made the Local Government
will give orders accordingly.
(7)
Rules
24.14. and 24.15 provide for reports of all serious charges against the polcie
being communicated to the Local Government by a special report. In cases where
such serious charges arise from strictures passed by criminal courts, the Superintendent of Police and the
District Magistrate should communicate, either in the report itself or in
covering letter, the procedure which they propose to adopt and any information
or notes in connection with the case which
they consider should be brought to the notice of Government. Rule 24.15
provides the opportunity for Deputy Inspectors-General and commissioners
similarly to communicate their comments to the local Government.
SYNOPSIS
1.
Charges
against police officials regarding molestation of a girl.
2.
Charges
of Bigamy against Police Head Constable.
3.
Colorable
attempt to avoid effect of Rule 16.38 sub-rule (1.
4.
Commission of Criminal offence by Police Officer.
5.
Compaint-Departmental
proceeddings.
6.
Concurrence
of the District Magistrate not obtained before the passing the order
7.
Condition
of service.
8.
Court
cannot interpret rules so as make, modify or amend them.
9.
Criminal
Precaution against police officer.
10.
Criminal
Prosecution Rule confined only to departmental enquiries.
11.
Delay
in taking departmental proceedings after acquittal form Criminal Court.
12.
Departmental
inquiry.
13.
Departmental
enquiry after deviation form the normal rule of prosecution .
14.
Departmental
enquiry –Criminal Prosecution
15.
Departmental
enquiry –Reduction in rank.
16.
Departmental
enquiry without the permission of District Magistrate not bad.
17.
Departmental
officer is not excepted to put his complaint in the form of a petition.
18.
Disciplinary
proceedings.
19.
Dismissal-Dispensing
with enquiry
20.
Dismissal
form service.
21.
Dispensing
with enquiry
22.
District
Magistrate ordering departmental enquiry.
23.
District
Magistrate gave sanction without recording any reasons.
24.
District
Magistrate to decide as to whether the investigation of a particular types of
complaint shall be conducted by a Police Officer or by a Magistrate.
25.
Enquiry-Departmental
Proceedings.
26.
Enqiury
officer recommended his exoneration
27.
Enquiry
instruction-Absence of specific provisionin the rules the police authorities
are bound to follow instructions.
28.
Expression
“ immediate” within reasonable time.
29.
Failure
to account for the entrusted money.
30.
Import
and effect word “ Immediate”
31.
Intermediate
school Course.
32.
Investigation
conducted by D.I.G.
33.
Investigation
disclosing prima facie case a judicial prosecurtion should normally follow.
34.
Investigation-Offence
against police officer.
35.
Fresh
enquiry on same charge.
36.
Mandatory-Departmental
enquriy.
37.
Misuse
of power by Police Officer.
38.
Obligatory
on the part of S.S.P to bring the case to the notice of District Magistrate.
39.
Opinion
of the District Magistrate.
40.
Order
of dismissal by an authority subordinate
to the appointing authority.
41.
Plaintiff
purporting to exercise authority of a police officer in plain clothes.
42.
Police
Departmen cannot pick and choose the cases for obtaining the sanction of
District Magistrate.
43.
Police
Officer committing offence in relation on public.
44.
Promotion
45.
Procedure-Complaint
against.
46.
Prosecution
–Offence committed by Police Officers.
47.
Provisions
are mandatory.
48.
Resort
to departmental proceedings.
49.
Rule
applicable only if criminal offence has been committed by a Police officer “ in
connection with his official relations with the public.
50.
Rule
mandatory.
51.
Scope.
52.
Speaking
order-Departmental enquiry.
53.
Suggestion
is not to be equated with the expression “dictate”
54.
Tearing
off the Rapat Rojnamcha by the police Head Constable.
COMMENTS
1.
Charge
against police official regarding molestation of a girl. Rule 16.38 shows that it is the District
Magistrate who, on receipt of information regarding the commission by a police
officer of a criminal offence in connection which his official relations with
the public , is firstly to decide whether investigations of the complaint shall
be conducted by a police officer or made over a selected Magistrate having
first class powers. If a prima facie case is established, then a judicial
prosecution has normally to follow. It is the District Magistrate who has to
decide whether instead of a judicial protection
the matter should be disposed of
departmentally. Rule 16.38 (1) and (2) vests the power in the District
Magistrate alone. The judicial prosecution is the rule and the departmental
inquiry as an exception. The sources of power to direct departmental inquiry
instead lays down the authority empowered to act. No. officer other than the
District Magistrate who has to consider if a departure from judicial
prosecution would be justified and to give and valid reasons for the proposed
departure. The jurisdiction to exercise
the power under PPR 16.38(1) and (2) is given to the District Magistrate. A District Magistrate is other than an
Addl. District Magistrate. The distinction between the post of a
District Magistrate and an Addl.
District Magistrate is quite clear and the two cannot be equated. By virtue of the notification, an Addl.
District Magistrate may exercise all or any of the powers of the District
Magistrate under the Criminal Procedure Code or under any other law for the
time being in force, but he does not thereby acquire the status and rank of the
District Magistrate. Whatever might be
the powers of the Addl. District Magistrate to carry on the administration of
the District, he is not appointed as a District Magistrate. There is an absence of a notification under
Section 10(1) and thus the two above named officers are not appointed as
District Magistrate. The exercise of
power under PPR 16.38(1) and (2) is vested in a District Magistrate and could
not by the side wind of a notification under Section 10(2) of the Criminal
Procedure Code be conferred on an Addl. District Magistrate. The Addl. District Magistrate, who is
invested with the powers of a District Magistrate, does not thereby attain the
status of the District Magistrate as sub-section (3) of Section 10 itself makes
clear. The fact that the Addl. District
Magistrate may have all the powers of a District Magistrate may have all the
powers of a District Magistrate does not make him a District Magistrate
inasmuch as there can be only one person in the District which can be a
District Magistrate and that is what is referred to in Rule 16.38(1) and
(2). Malkiyat Singh vs. Delhi
Administration and others, 1989(3) S.L.R. 58.
2.
Charge
of Bigamy against Police Head Constable.
The disciplinary authority was not competent is issue the second show
cause notice after issue of the first show cause notice and he could not direct
taking the additional evidence by way of examination of the first wife of the
applicant. He also pointed out that as
contended by the respondents, P.P.R. 16.28 was not applicable to the present
case. The applicant was informed on
9.1.1969 (Annexure ‘O’ to the petition) that “a Superintendent of Police, is
empowered to make further investigation or direct such to be made before
passing order P.P.R. 16.28.
In
the present case, P.P.R. 16.28 is not attracted and the disciplinary authority
could not act under the provisions thereof because the said Rule envisages
calling for the records of awards made by the subordinates. No rule, however, has been shown to us which
prohibits or limits the powers of the disciplinary authority in directing the
recording of fresh evidence in the light of the plea advance-by the delinquent
officer in his reply to the show-cause-notice.
In the present case, the applicant had taken the plea in his reply to
the first show-cause-notice that he had contracted the second marriage with the
consent of his first wife, who had been ailing for 13 years. Vinodi Lal vs. Union of India and others,
1988(5) S.L.R. 543.
3.
Colourable
attempt to avoid effect of Rule 16.38 sub-rule (1). The allegations against Ram Kishan and others
were that they had inflicted a knife injury on Mst. Batto, a Harijan woman and
the medical report showed that the injury was with a blunt weapon though the
injury was simple. He further said that
S.P. ordered him to start a departmental inquiry against the plaintiff. There is no evidence that any immediate
information was given to the District Magistrate of the complaint received
against the plaintiff. Neither is there
any evidence that the District Magistrate decided that the investigation shall
be conducted by the police officers, who conducted it.
The learned
counsel for the Government further contended that the charge against the
plaintiff in the departmental proceedings was a charge of negligence and not a
charge in connection with the commission of a criminal offence in connection
with his official relations with public.
But
according to the final sentence in the summary of allegations this action
amounted to gross negligence of duty and misconduct. It seems to us that it was a colourable attempt to a void the effect of
Police Rule 16.38 sub-rule (1). It is a
clear case of criminal offence and it was a mere device to call it gross
negligence. Following the case Delhi
Administration vs. Chaman Shah, (1969) 3 SCR 653, we hold that as in this case
there has been no compliance whatsoever of Rule 16.38, sub rule (1) the order
of dismissal is illegal. Union of India vs. Ram Kishan, 1972 S.L.R. 11.
4.
Commission
of Criminal offence by Police Officer.
Judicial prosecution is the rule and departmental enquiry is an
exception. Malkiyat Singh vs. Delhi
Administration and others, 1989(2) RSJ 74.
5.
Complaint-Departmental
proceedings. The Superintendent of
Police is required to send information to the District Magistrate only when a
criminal offence has been committed by a police officer “in connection with his
official relations with the public”. In
the present case, there is nothing on record to show that the petitioner was
accused of having committed an offence in connection with his official
relations with the public. It was during
the preliminary enquiry, that some evidence came on the record to show that the
petitioners had certain connection with the wife of Dharam Pal. The proceedings were initiated in the present
case, on the basis of a complaint submitted by ASI Shkhbir Singh, and the
complaint itself did not disclose the commission of a criminal offence by the
petitioner in connection with his official relations with the public. Brij Pal Singh, Constable vs. State of
Haryana and others, 1991(7) S.L.R. 246.
6.
Condition
of service. Police officers hold office
during the pleasure of the President under Article 310 of the
Constitution. The condition of their
service can be regulated by the legislature under the proviso to Article 309
and the Police Act, 1861 may be regarded as such legislation. Daulat Ram vs. Union of India, 1971(2) S.L.R.
502.
7.
Concurrence
of the District Magistrate not obtained before passing the order. It is not disputed that concurrence of the
District Magistrate had not been obtained.
In view of this, the order of removal passed against the petitioner for
the criminal offence committed by him in connection with his official relation
with the public was passed in violation of the said mandatory rule. The order shall thus be deepend to be a viod
order. State of Haryana and another vs.
Surjan Singh, 1990(2) S.L.R. 88.
8.
Court
cannot interpret rules so as to make, modify or amend them. Court cannot make law, it can merely
interpret or construe it, and not modify or amend it under the cloak or guise
of interpretation, though in this process of construction it may give the law
shape, but this is permissible only within the strict limits of discernible
legislative scheme or intent. AIR 1956
Punjab 102.
9.
Criminal
Prosecutoin against police officer. Rule
16.38 prescribes-more correctly we may say Rule 16.38 lays down the guidelines
of the procedure to be followed when a Superintendent of Police receives any
complaint about the commission of a criminal offence by a police officer “in
connection with his official relations with the public”. The Superintendent of Police is enjoined to
give immediate information to the District Magistrate who is thereupon to
decide whether the investigation of the complaint shall beconducted by a Police
Officer or by a Magistrate. It is stated
htat though’s judicial prosection shall normally follow’, the matter may be
disposed of departmentally if the District Magistrate so orders, for reasons to
be recorded. The further Departmental
procedure is prescribed by the remaining clauses. It is clear that Rule 16.38 is not designed
to be a condition precedent to the launching of a prosecution in a Criminal
Court; it is in the nature of instructions to the Department and is not meant
to be of the nature of a sanction or permission for the prosecution. Nor can it override the provisions of the
Criminal Procedure Code and the Prevention of Corruption Act. State of Punjab vs. Charan Singh, 1981(1)
S.L.R. 355.
10.
Criminal
Prosecution Rule confined only to departmental enquiries. The only point pressed upon me is that the
Courts below have gone wrong in holding that the compliance with Rule 16.38 of
the Punjab Police Rules, 1934, was not a condition precedent to the prosecution
of a police officer in a court of law. I
find no merit in this submission. A
plain reading of the said Rule shows that its application is confined to
departmental enquiries only. Lal Chand
vs. The State, 1983(2) S.L.R 33.
11.
Delay
in taking departmental proceedings after acquittal from Criminal Court. It was also follow that he would not only be
entitled to be confirmed in his rank of Sub-Inspector of Police but his
seniority as Sub-Inspector would also have to be properly determined attracting
the further consequence of whatever opportunities that might accrue to him in
the matter of promotion. A part from the
view, which I have taken, that this was not permissible or legal, it seems
difficult to justify the delay in taking such departmental action. No justification for this has even been
attempted in the return in spite of a specific complaint of “harassment” and “vindictiveness”
by reason of such departmental action being taken against him, after such
delay. The whole of these proceedings
have to be also viewed in the background of P.P.R. 16.38 which requires that
every allegations of committing a criminal offence by a police officer in his
relations with the public as a police officer having to be reported to the
District Magistrate without loss of much time (three months) for him to decide
whether the matter should be placed before a Court or, for reasons to be
recorded by him in writing, only departmental action should be taken. Elementary fairness to a public servant would require that the sword
of Democles should not be allowed to hang over him longer than necessary;
otherwise there is the likehood of degeneraction into an engine of
oppression. Whether the departmental
action taken against the petitioner in this case was legal or illegal, mininum
fairness required that the said action was taken at least expeditiously and not
after so much unexplained delay as has unfortunately happened in this
case. Shri Kundan lal vs. The Delhi
Administration, Delhi and others, 1976(1) S.LR. 133.
12.
Departmental
enquiry after deviation from the normal rule of prosecution. After the completion of the departmental enquiry
against him in pursuance of the said
order. According to the learned counsel
if the petitioner had felt aggrieved by this order he should have challenged it
right at the stage when the departmental enquiry was launched against him. This submission of the learned counsel prima
facie appears to be of some weight but holds no water when examined
minutely. It is nobody’s case that order
Annexure P.3 was ever communicated to the petitioner at any stage. He thus never knew that the Deupty
Commissioner had passed the order for initiating a departmental enquiry against
him without recording any reasons for the same.
Sarup Singh vs. State of Haryana and others, 1983(3) S.L.R. 585.
13.
Departmental
enquiry-Criminal Prosecution. The only
object of this rule is that no offence alleged to have been committed by a
police officer in connection his official relations with the public and brought
to the notice of the Superintendent of Police should be disposed of
departmentally ion accordance with the provisions of the rules found in Chapter
XVI without obtaining the prior approval of the District Magistrate for that
purpose. Judicial prosecution for such
an offence is the normal rule and departmental action is an exception and it is
only to bring the case within that exception that prior direction or order of a
District Magistrate is required. In case
the normal procedure of launching judicial prosecution is to be followed, there
should be no necessity of obtaining the prior approval of the District
Magistrate and certainly it was not the intention of rule 16.38 to obtain such
a sanction in derogation of the relevant provisions of the Code of Criminal
Procedure. If the construction as sought
to be placed by the learned counsel for the petitioners for rule 16.38 is acceded
to, it would be difficult to reconcile the provisions of rules 16.11 and 16.12
with those of rule 16.38. Shri Beli Ram
and others vs. State of Himachal Pradesh, 1981(1) S.L.R. 264.
14.
Departmental enquiry--- Reduction in rank. It can easily
be concluded that noncompliance of P.P.R. 16.38 is fatal to the
departmental/enquiry held against the applicant. It cannot be disputed that
under Rule 16.38, it was proper for the authority concerned to initiate legal
proceedings against he applicant in the normal course. Since the deviation has
been made from the normal rule and departmental proceedings were initiated
against the applicant without seeking permission of the District Magistrate,
the departmental enquiry conducted against the applicant is illegal. It was
necessary that for initiating departmental enquiry against the applicant, the
permission of the District Magistrate was obtained. The result of the above
observations is that the departmental enquiry held against he applicant was not
in consonance with the provisions as contained under Rule 16.38. Gurdyan Singh vs. State of H.P. and others,
1988(7) S.L.R. 174.
15. Departmental enquiry without the
permission of District Magistrate not bad.
A
perusal of the charge-sheet set out leaves no manner of doubt that the
allegations against the petitioner was (1) that he mixed up the bad characters
of ilaqa (2) that he was found absent from the police station without
permission on the night between 6/7-8-66 about 11.5 P.M. (3) that an entry in
that respect was made in the daily at serial No. 26 dated 6th
August, 1966. The said charges can be enquired into
16. Departmental
inquiry. According to the plain intention of Rule 16.38 of the Punjab Police
Rules, Vol.II, the District Magistrate is to decided for himself whether the
enquiry was to be done by a Magistrate or by a police officer. The enquiry by a
police officer may, not be desirable in many cases and it is not for the
Superintendent of Police himself to suggest that a departmental enquiry should
be launched. All that the Superintendent of Police is enjoined to do is to
submit his report to the District Magistrate who alone is to decide what should
be done.
Rule
16.38 had been breached in two essential aspects and the enquiry had been
initiated in violation of the elementary rules of procedure and the order of
dismissal was set aside. Walaiti Ram vs. State of Punjab, 1965 Cur.L.J.1=1967
P.L.R.523
17. Departmental
officer is not excepted to put his complaint in the form of a Petition. A
Departmental officer is not excepted to put his complaint in the form of a
petition. It may take the form of a departmental note or a confidential report.
Sometime the information or accusation received may be oral or to be inferred
from the conduct of the concerned police officer. The facts against him
themselves may speak more eloquently than any piece of writing. A certain
secrecy is often attached to information relating to the commission of an
offence and it would be against human nature to expect that such information
must always be in writing. Daulat Ram vs. Union of India, 1971(2) S.L.R.502
18. Disciplinary
proceedings. It is not absolutely necessary that a list of prosecution
witnesses must be given to the Government servant facing the inquiry to make
him know the charges brought against him. Union of India vs. Suraj Bhan ,
I.L.R. (1970) 1 Delhi 275
19. Dismissal
– Dispensing with enquiry. Rule 16.36 laying down holding of a preliminary
enquiry by District Magistrate – Obligatory on the SP to refer matter to
District Magistrate. Ashok Kumar, former Sub Inspector vs. State of Punjab and
others, 1990(2) RSJ 505
20. Dismissal
from service. Case not brought to the notice of District Magistrate.—S.S.P.
failing to perform statutory obligation – Impugned order of dismissal cannot be
sustained. Ex.Sub Inspector Mohinder Singh Cheema vs. State of Punjab and
others, 1990 (2) RSJ 716
21. Dispensing
with enquiry. There was no material before the Superintendent of Police to come
to the conclusion that it was not reasonably practicable to hold enquiry in
this case. The satisfaction of the Punishing
Authority is the condition precedent for invoking the provisions of
Proviso to Article 311 of the Constitution . A bare perusal itself shows that
the Superintendent of Police has held that it was not reasonably practicable to
hold departmental enquiry. I asked Mr.Rajiv Atma Ram, counsel for the
respondent to show the material on the basis of which this satisfaction was
based. There is hardly any material on record on the basis of which an opinion
can be formed that it was not reasonably practicable to hod a departmental
enquiry. Consequently, the order of dismissal in the present case is wholly
arbitrary, unreason able and capricious and, therefore, cannot be sustained.
The order of the Superintendent of Police is clearly outside the scope of
Article 311 of the constitution and consequently it was incumbent upon the
Superintendent of Police to have held enquiry in the present case before
punishing the petitioner. Ashok Kumar, Sub Inspector of Police vs. State of
Punjab and others, 1990 (3) S.L.R. 127
22.District
Magistrate gave sanction without recording any reasons. In the present case the
complaint received by the Superintendent of Police (City) Delhi indicated the
commission by the appellant of a criminal offence in connection with his
official relations with the public. The complaint fell within Rule 38(1) and
should have been dealt with accordingly. Nevertheless there was no
investigation of the kind prescribed by Rule 38(1) . The District Magistrate
did not direct any preliminary investigation nor was any prima facie case
against the appellant as a result of such an investigation established. In
state of Uttar Pradesh vs. Babu Ram Upadhya 1961(2) SCR 679, the Court by
majority held that the provisions of paragraph 486 Rule 1 of the U.P.Police
Regulations were mandatory and that a departmental action against the police
officer in disregard there of was invalid. The minority held that the paragraph
was directory and as there was substantial compliance with its provisions the
departmental proceedings were not invalid. In Jagan Nath vs. Sr. Supdt. of
Police, Ferozepur, AIR 1962 Punjab 38, the Punjab High Court held that the
provisions of rule 16.38(1) and (2) were mandatory and that a departmental
inquiry held without following its provisions was illegal. It is not necessary
to decide inquiry held without following its provisions was illegal. It is not
necessary to decide in this case whether the provisions of Rule 16.38 of the
Punjab Police Rules are mandatory or directory. Even assuming that there rule
is directory we find that there has been no substantial compliance with its
provisions. The complaint fell within rule 16-38 and it was for the District
Magistrate to decide who should investigate the case. No investigation of any
kind was made under the directions. Without obtaining his directions, the
Superintendent of Police held an inquiry, and passed on order of censure. The
order was set aside by the Deputy Inspector General. Thereafter by D.O. letter No.
2165-C, the Superintendent of Police, asked for the sanction of the District
Magistrate to proceed departmentally. Evan at this stage, the District
Magistrate was no informed that the Superintendent of Police held an inquiry
and passed an order of censure and that, his order was set aside by the Deputy
Inspector General. The inquiry held by the Superintendent of Police was not
authorised by the District Magistrate nor did it receive his approval. The
District Magistrate gave his sanction without recording any reasons and without
applying his mind to the requirement of Rule 16-38. In the circumstances, we
are constrained to hold the departmental action taken against the respondent is
invalid. Delhi Administration vs. Chanan
Shah 1969 S.L.R.217.
23. District Magistrate ordering departmental
enquiry. The report of the Vigilance Department was enclosed with the papers
forwarded by the Superintendent of Police, the District Magistrate must be
deemed to have made a perusal of it and the order passed for a departmental
enquiry was a full compliance with the Police Rules. Ram Singh Dhawan vs. The State of Punjab, 1967 P.L.R. 763
24. District
Magistrate to decide as to whether the investigation of a particular type of
complaint shall be conducted by a Police Officer or by a Magistrate. The Legislature has itself performed the
essential function of creating an agency to detect crimes and what has been
delegated to the Executed Government is the task to implementing the purposes
and the objects of the Act. It would be trite to say that an effective and
proper method of implementing the policy of the Legislature would be to frame
rules on the subject for ensuring uniformity of treatment. The crimes may be
committed by the public at large or by their members of the agency created by
the statute. The procedure for investigation of these crimes is essentially a
matter of detail and the task of providing for this procedure has been left to
the Executive authority. The impugned rule only empowers a District Magistrate
to step in and to make a choice between one agency or the other to investigate
a particular class of crimes committed by police officers. It falls squarely
within clause (a) of sub-section (2) of Section 46 and has the added protection
of clause (c) of sub-section of the same section. Raj Kumar vs. State of Punjab, 1976(1) S.L.R. 5
25. Enquiry—Departmental
proceedings. I am of the opinion that this was merely a formal order passed in
pursuance of the decision of the Chief Commissioner taken on 11th of
January, 1977, in which discussion even the District Magistrate was present and
he merely carried out the decision of the Chief Commissioner and in furtherance
of the same passed the order dated 12th of January, 1977. It is
again not disputed before me that under sub-rule (2), there has to be
application of mind by the District Magistrate alone and the moment it is found
that he did not apply his own mind but passed the order on the dictates of some
superior authority, then such an order would be no order in the eyes of law and
would stand vitiated. The question which is to be seen is whether on the facts
of the present case, the order dated 12th of January, 1977, was
passed by the District Magistrate of his own or at the behest of the Chief
Commissioner, pursuant to the decision dated 11th of January, 1977,
in which the District Magistrate was also present. As already found above, the
District Magistrate was merely carrying out the order of the Chief Commissioner
dated 11th of January, 1977, and, therefore, the order dated 12th
of January, 1977, passed by the District Magistrate cannot be allowed to
stand in law and deserves to be quashed. Sita
Ram, Sub-Inspector of Police vs. Union Territory of Chandigarh and others,
1981(1) S.L.R. 438
26. Enquiry officer recommended his
exoneration. A State Government cannot order disciplinary enquiry under R.
1637, 16-38 and 16-40 through an officer other than a police officer or
Magistrate. The Rule, therefore, empowers the State Government to conduct an
enquiry by such an officer if administrative exigencies so require. The proviso
further empowers the State Government to order enquiry under CCS (CCA) Rules,
1965, where it is of the opinion that it is not feasible to conduct an enquiry
in accordance with the procedure laid down under the P.P.S. Rules. It can also
order such an enquiry, if a joint enquiry is found necessary with officers who
are governed by the CCS (CCA) Rules. If the enquiry is ordered under R. 16-38
(as was done by the Addel. Commissioner of Police in the present case) the
enquiry has to be conducted by a police officer and under the provisions of the
Punjab Police Rules. In forming its opinion the State Government must address
itself to a question whether it is feasible to conduct an enquiry under R.
16-38 or not. The procedure under R. 16-38 and R. 16-42 is thus mutually
exclusive. If there is no inquiry under R. 16-38 then alone an inquiry can be
ordered under R. 14-42. If R. 16-38 and R. 16-42 are read together it is clear
that once an enquiry is held under R. 16-38 no enquiry can be held
simultaneously or afterwards under R. 16-42. Shyamdev vs. union of India and others, 1982(3) S.L.R. 784.
27. Executive instructions – Absence of
specific provision in the rules the police authorities are bound to follow
instruction. In case the competent or the controlling authority cannot release
the official whose assistance is being sought the delinquent official must be
informed so that he can suggest another name. The circular upon which the
petitioner is relaying takes that principles to its logical conclusion. M.
Bagai, learned council for the respondents, was unable to show me any provision
in the Police Act or in the Punjab Police Rules by which the respondents have
been permitted to ignore the administrative instructions issued from time to
time by the Government of India. In my view, in the absence of a specific
provision in the Punjab Police Rules to the contrary, the said circular of the
Government of India was applicable and the police authorities were enjoined to
follow the same. I reject the contention of Mr. Bagai that the police
authorities were not bound by the instructions given in the circular. The
non-application of mind by the authorities on this plea ha resulted in
injustice. This finding by itself can be made the basis for setting aside the
departmental enquiry. But for the reasons which I give herein below I am not
setting aside the enquiry proceedings or the impugned orders. Instead in
exercise of discretion vested in this court under Article 226 of the Constitution
of India I mould the relief. The petitioner who was a constable in the Delhi
Police has been put of service for the last 16 years, having been dismissed in
the year 1968. In the year 1971when he filed the present petition, he was 43
years old, as per his supporting affidavit. As to what the petitioner has been
doing for the last 16 years in not clear from the petition. Mr. Budhiraja’s
contention is that he was without a job and in fact has been idle. Whether he
was working or not is not the question to be decided. What is to, be seen is
whether he can be said to be physically and mentally fit to undergo the
hardships which a constable is expected to face? Would he be able to because of
the long interval, carry out the orders of his superiors without any
reservation? The petitioner now is 56 years old. In this for intervening period
of 16 years, for reasons beyond his control, he could not take part in parades,
physical training exercises, games and other training programmes which are
essential for a member of police force to remain not only physically fit but
also mentally alert. He has been deprived of leading an active, organised and
disciplined life. Jiwan Singh vs. The
Administrator, Union Territory of Delhi and others, 1985(1) S.L.R. 781.
28. Expression “immediate” means “within
reasonable” time – The primary justification of rule 16.38 being inserted in
the Rules is to ensure priority being given to a criminal trial in preference
to a departmental enquiry when a police officer is accused of the commission of
a criminal offence in connection with his official relations with the public.
Under Section 190 of the Criminal Procedure Code, cognizance of an offence may
be taken by a criminal court either on a complaint or on a police report or
otherwise. This is an additional reason why the meaning of the word ‘complaint’
in the rule can not be restricted only to a written petition.
In
the present case, the accusation against the plaintiff appellant was that he
come into possession of Rs. 150/- in the course of his official duties. He was
entrusted with that money. His failure to account for the same amounted ton
criminal breach of trust within the meaning of Section 405 of Indian Penal
Code. He was therefore, entitled to the protection of rule 16.38. The direct
institution of departmental action against him in complete disregard of the
said rule was, therefore, illegal and ultra vires Rule 16.38. The departmental
enquiry and the punishment imposed on the plaintiff by the order dated
20.2.1958 are, therefore, quashed. As the suit of the plaintiff had been
dismissed on a preliminary ground, the case is remanded to the trial Court for
trial on merits as to whether the police authorities would not like to comply
with rule 16.38 and if so whether the plaintiff appellant is to be placed in
his former position as officiating Sub-Inspector of Police or on suspension
till the matter against him is finally decided and what should be his pay and
if he is entitled to the arrears of pay claimed by him and such other matters. Daulat Ram vs. Union of India, 1971(2)
S.L.R. 502.
30. Fresh enquiry on same charge – The impact
and effect of the word “immediate” in the opening part of rule 16.38(1) of the
Police Rules. Permitting resort to the said rule after such a long time, would
in my opinion, amount o ignoring the statutory requirements of the said rule.
I, therefore, hold that so much of the order of the Deputy Inspector-General of
Police, Ambala Range (Annexure ‘I) as directs compliance with the provisions of
Police Rule 16.38(1) by placing the matter before the District Magistrate,
Rohtak at this stage, is contrary to the provisions of law, and has to be
struck down. The order of the appellate authority quashing the order of
punishment passed by the Superintendent of Police, Rohtak, is manifestly
correct and has to be upheld. Bhajan Singh vs. Shri Bahal Singh, S.P.
Rohtak and another, 1967 S.L.R. 601.
31. Import and effect of word ‘Immediate’ –
Learned counsel has then contended that the observation made in the confidential
report of the petitioner (Annexure “H”) which have been quoted in an earlier
part of this judgment, and the warning administered to him therein and on April
17, 1965 (Annexure ‘C’) are mala fide and should be quashed. Without entering
into the allegations of mala fides, I think the
Superintendent of Police had no jurisdiction to administer a warning to
the petitioner (warning itself being a punishment), on allegations which were
still pending enquiry before the departmental authorities. Same applies to the
observations in the confidential report relating to the Chuchakwas liquor
taking incident. For the foregoing reasons I set aside and quash the order,
dated April 17, 1965 (Annexure ‘C’) administering warning to the petitioner and
direct that the portion relating to the Chuchakwas incident from the
confidential report (Annexure ‘H’) shall also be deleted. Bhajan Singh vs. Shri Bahal Singh, S.P. Rohtak and another, 1967 S.L.R.
601.
32. Intermediate School Course – Petitioners
cannot allege any discrimination if persons working in the H.A.P. though
confirmed later are sent to attend the Intermediate College. Raj Kumar vs. State of Haryana, 1991(2) RSJ
342.
33. Investigation conducted by D.I.G. –
Investigation has admittedly been conducted at least by the D.I.G. into the
complaint without complying with the provisions of Rule 16.38(1) of the Police
Rules. The entire investigation proceedings against the petitioner in this case
have, therefore, been vitiated on that account. Avtar Singh Uppal vs. The Inspector General of Police, Chandigarh, 1966
Cur. L.J. 318.
34. Investigation disclosing prima facie case
a judicial prosecution should normally follow – The provisions of sub-rules (1)
and (2) of Rule 38 are attached in cases of complaint received by the Superintendent
of Police, indicating the commission by a police officer of a criminal offence
in connection with his official relations with the public. In such a case, the
Superintendent of Police is required to bring the complaint to the notice of
the District Magistrate who is decide whether the investigation of the
complaint should be made by a selected Magistrate having first class powers or
should be left to a police officer. If the investigation discloses a prima
facie case, a judicial prosecution should normally follow unless for reasons to
be recorded in writing the District Magistrate directs that the matter should
be disposed of departmentally. Delhi
Administration vs. Chanan Shah, 1969 S.L.R. 217.
35.
Investigation – Offence against police officer – Coming to the facts of
the instant case it may be pointed out that in view of the opening words of the
said Regulation namely “when the offence alleged against a police officer,
amounts to an offence only under Section 7 of the Police Act,” the said
Regulation also stands on the same footing as Rule 16.38 of the Punjab Police
Rule. In mahendra Singh vs. State, AIR
1956 Allahabad 96 a special Bench of the Allahabad High Court held that Section
7 of he Police AC provides for the departmental punishment of inferior police
officers. It was also held that the said section did not it terms make
provision for any inquiry, it merely provided that the exercise of disciplinary
powers shall be subject to rules framed by the State Government and Chapter 32
of the Police Regulations laid down these rules which provided for a
departmental trial for punishment to be inflicted under Section 7 of the Police
Act. In this view of the matter it is apparent that like Rule 16.38 of the Punjab Police Rules, the procedure
prescribed in Regulation486 (1) (3) of the Regulations had to be confined to
departmental proceedings under Section 7 of the Police Act and the High Court
was clearly in error in taking the view that notwithstanding the provision
contained in the proviso to Section 5A of the Prevention of Corruption Act and
the undisputed fact that the Inspector
of Criminal Branch, Criminal Investigation Department, who conducted the
enquiry in the instant case had been duly authorized by the State Government as
contemplated by the said proviso, the investigation was vitiated in law on the
ground that the said Inspector was not higher in rank to the respondent as contemplated by
Regulation 486(1) (3) of the Regulations. State of Uttar Pradesh and other vs. Surinder Pal Sindh, 1989 (1) S.L.R. 561.
36.
Mandatory—Departmental enquiry. The primary challenge to these orders in on the ground that the
procedure prescribed in Rule 16.38 of the Punjab Police Rules, as applicable to
Haryana, has not been complied with the petitioner has been materially
prejudiced by the said non-compliance. The precise argument is that on the
basis of the preliminary enquiry held under sub-rule(1) of the said Rules, the
District Magistrate concerned had to pass resoned order for not prosecuting the
petitioner in judicial Court which otherwise is a the normal rule. A bare
reading of this order manifestly indicates that the District Magistrate has not
recorded any reson whatsoever for deviating form the normal course of launching
a prosecution against the petitioner and ordering a no compliance of the
requirements of sub-rule (2). The District Magistrate who has been arrayed as
respondent No. 4 to this writ petition
has not even cared to file a reply to the same. Sarup Singh vs . State of
Haryana and others, 1983(2) S.L.R. 609.
37.
Misuse of power by police officer.
Rule 16.38 however, has no application where information of the
commission of such an offence has been received by any Court. The Rule is ,
however, has on a salutary principle that a complaint of the commission of an
offence against the Police Officer
should not be dealt with by the Police Administration itself and should be left
to be dealth with by the District Magistrate, and where investigation discloses
a prima facie case a judicial prosecution should normally follow unless the
District Magistrate, for a reasons to be recorded, decides, that the officer
concerned may be dealt with departmentally. It was, therefore, consistent with
this Rule that Jain. J referred the matter for inquiry to the Chief Metropolitan
Magistrate. The Chief Metropolitan Magistrate has found a prima facie case
against two officers, has exonerated the third has given the benefit of doubt
to the fourth .
I would direct
that the Commissioner of Police would initiate appropriate proceedings at his
own level or at such lower but senior level as having regard to all the
circumstances, he consider to be necessary to deal with the allegations made
against the delinquent officers, who have been indicated in the two reports and
who may otherwise appear to him to be concerned and to consider what steps are
necessary to deal generally with the problem of misuse, abuse or excessive use
of power by the Police officers and take such action as may be considered
necessary by him. Satpal vs. Assistant Commissioner of Police,
1984 (1) S.L.R. 613.
38.
Obligatory on the part of S.S.P to bring the case to the notice of
District Magistrate. It was asked from the S.S.P why he did not bring this case
to the notice of the District Magistrate as required by Rule 16.38 of the
Punjab Police Rules. He could not give any proper reason in support of his. It
may be pointed out that the provisions of Rule 16.38 of the Punjab Rules deal
with holding of departmental enquiry as envised by Article311 of the
Constitution of India. It was obligatory according to Rule 16.38 for the S.S.P
to bring this case to the notice of the District Magistrate and it was for the
District Magistrate to decide whether a departmental enquiry should be held or
a criminal prosecution should be ordered. The S.S.P. failed to perform the
statutory obligation. In my opinion, the S.S.P, has violated the mandatory
provisions of Rule 16.38 dismissing the petitioner form service summarily
without following of Rule 16.38. mohinder Singh Cheema, Ex-Sub-Inspector vs.
State of Punjab through Home Secretary, Chandigarh, 1990 (5) S.L.R. 90.
39.
Opinion of District Magistrate. Rule 16.38 is really meant to have a
completely objective and unbiased consideration by the District Magistrate
whether a particular case relating to official relations of the Police with the
public should be tried by a Magistrate having first class powers or
investigated departmentally by the police authorities themselves. But there may
be case which are not required to be forwarded to the District Magistrate. Madan
Gopa vs. The Punjab State, 1968 P>L.R
874.
40.
Order of Dismissal by an authority subordinate to the appointing
authority. There cannot be better case of illegality of
the order that the author of the order himself felt that the order cannot be
sustained. It is also clear that the Punishing Authority of the petitioner was
D.I.G. as he was promoted under his orders. Consequently, the decision to
dispense with the enquiry could be taken by the D.I.G. In this view of the
matter the impugned order is illegal. There is no material on the file to show
that the punishing authority was satisfied that it was not reasonably practical
to hold enquiry against the petitioner. Therefore, the order of dismissal is
arbitrary, unreasonable and capricious as it denies equality before law and
equal protection to the person concerned and, therefore, violative of Article
14 of the Constitution of India. For this reason, the order of Dismissal
form service being violating of Article
14 of the Constitution is bad in the eye
of Law. Ashok Kumar, Sub Inspector of
Police vs. State of Punjab and others, 1990 (3) S.L.R. 127.
41.
Plaintiff purporting to exercise authority of a Police officer in plain
cloths. Plaintiff purporting to exercise authority of a police officer an Devin
if he was in plain clothes it does not mean that he was not purporting to act
as a police officer Union of India vs. Ram Kishan, 1972 S.L.R. 11.
42.
Police Department cannot pick and choose the cases for obtaining the
sanction of District Magistrate. There has been no explanation at all why the
petitioner’s case was not put up before the District Magistrate when the case
of Kishan Chand was duly put up, the mere fact of his arrest or his having
incited the Police Force demonstrating before the Home Minister’s residence
would not make any distinction in principle. If in the case of Kishan Chand it
was a case of his allegedly committing a criminal offence, on identically the
same accusation against the petitioner and in exactly similar terms and his
case was put up before the District Magistrate under rule 16.38 for his orders,
the case against the petitioner also had to be similarly put up; in other
words, the Police Department cannot pick and choose at its sweet will, the kind
of cases which they would put up under Rule 16.38 to the District Magistrate
for his orders when accusations were identically the same. Such a course, is
permitted is likely to greatly undermine the confidence of the police force in
their official superiors. Ram Karan vs.
Union of India and others, 1975 (2) S.L.R. 683.
43.
Police Officer committing offence in relation to public. Petitioner,
a Police Officer, during performance of his duties came in to contact with the
drivers of trucks which were stopped and not challaned by him. The petitioner
committed a criminal offence under Section 217 India Penal Code. The Petitioner
was proceeded against departmental without obtaining orders of District
Magistrate to enquiry in to his conduct under rule 16.38 (1) of Punjab Police
Rules.
Whenever a Police officer in the discharge of his
official functions comes to have
official relations with the public and commits a criminal offence in connection
with those relation rule 16.38 (1) of Punjab Police Rules becomes applicable
irrespective of the fact whether any member of the public was aggrieved of his
conduct or not. It could not be contended that before rule 126.38 became
applicable, member of the public should be aggrieved of the conduct of police
Official. A Police Officer by committing
an offence in connection with his relations with a member of public fact be
benefiting that person by not proceeding against him under the law when that
person makes himself liable to be proceeded
against and so he may not be aggrieved of the conduct of the Police
Officer. Ajit Singh vs. Delhi Administration and
others, 1973 (1) S.L.R. 1100.
44.
Procedure—Complaint against. Rule is mandatory for the investigation of
cases
pertaining
to departmental inquires and the holding of departmental inquiry in accordance
with the procedure prescribed thereunder. Harishyam
A.S.I vs. St ate of Punjab 1991 (3) RSJ
444.
45.
Promotion. Allegations some pending enquiry-Inaction on part of
authorities for not making any steps for conducting alleged enquiry—Master of
promotion kept in abeyance for a decade—Petition allowed. Sukhdev Sindh, Head Constable vs. State of Punjab and others, 1989 (2)
RSJ 295.
46.
Prosecution—Offences
committed by Police Officers. It may be noticed that the three decisions of
this Court which have been referred to above related to departmental inquires
and not criminal prosecutions for offences committed by the delinquent police
offices. The pronouncements in those cases will therefore govern only cases
where departmental inquires are held in contravention of the procedure
prescribed by the Police Rules. The
reason for a special procedure being prescribed
in the Rule for investigations before departmental inquiries are held
against delinquent police officers is not
far off to see. N the very nature of their duties, the members of the
police force would often stand exposed to criticism and complaints by not only
the members o f the public but also by the members of the force themselves and
consequently they stand placed more vulnerable than member of other. Government
service, of being implicated in false or exaggerated charges. In order to
protect them from false implication and resultant proceedings, the Government
had thought it necessary to have initial screening of the Complaints received
against members of the police force by the District Magistrate. Such Screening would however extend only to matters which
fall within the Zone of departmental action and it could never extend to cases where the offences
alleged to have been committed would attract investigation under the Criminal
Procedure Code in the same manner the investigation would be attracted if the
offence complained of had been committed by any member of the public. That t he
procedure prescribed in Rule 16.38 has only a limited field of operation i.e applicable only to
departmental inquires and punishments could be seen from the fact that clause
3 of the Rule enjoins every Magistrate
to whom a complaint against a police officer is referred by the District Magistrate for judicial
enquiry to report the details of the case to the District Magistrate in order
to enable the District Magistrate to forward the report to the Superintendent
of Police. The clause further says that if the District Magistrate himself
takes cognizance of a case, he should of his own accord send a report to the
Superintendent of Police. Clause IV of Rule 16.38 also throws light on the
matter an brings out the objective in greater clarity. This clause sets out
that in order to protect the interests of police officers serving in districts
where petition mongering activities are notorious, the District Magistrate can
direct that all petitions complaining about police officers shall be presented
to him personally so that he can scrutinize them to find out whether he
petitioner are of a frivolous nature of they have been engineered by factious
groups in the districts etc. in fact, the words used in the clause are of a
tell-tale nature viz. “complaints against police officers in those districts
where abuses of law with the object of victimizing such officers or hampering
investigation in rife.
All these features make it clear that the purpose
underlying the rule is to enable the District Magistrate and the District
Superintendent of Police to exercise personal control and Superintendent over
the complaints received against members of the police force in the performance
of their duties and enable the District Magistrate of ensure that the complaint
is not a baseless or by a selected Magistrate. The procedure envisaged by the
Rule is for effective check being exercised against victimization of efficient
and honest police officers on the one hand and favoritism being shown to the
delinquent police officers on the other. These rules were not intended to
replace and certainly cannot over-ride the provisions of the Criminal Procedure
Code. The Full Bench was therefore in error in taking the view that the Rules
lay down a special procedure for investigation of all offences committed by the
member for investigation of all offences committed by the members of the police
force and, that they have over-riding effect over the provisions of the
Criminal Procedure Code in terms of Sections 4 and 5 of the Code. State of Punjab vs. Raj Kumar, 1988(2)
S.L.R. 83
47. Provisions
are mandatory. As the mandatory provisions of the Police Rules 16.38 were not
followed, it must be held that the departmental enquiry which was being
conducted against the petitioner was altogether illegal and invalid. Air 1962 Punjab 38
48. Resort
to departmental proceedings. Provisions of Rule 16.38(1) and (2) being
mandatory, compliance with the same is imperative. As provided by sub-rule (2)
when on an inquiry under sub-rule (1) a prima facie case is established
indicating the commission by a police officer of a criminal offence in connection
with his official relation with the public a judicial prosecution is normally
to follow. But the District Magistrate has been given power the order
departmental proceeding instead, for reasons to be recorded by him. Failure to
record reasons for proceedings departmentally instead of judicial prosecution,
renders the order illegal. Nand Nandan
Sarup vs. The District Magistrate, Patialal, 1966 Cur. L.J. 608= P.L.R. 747
49.Rule
applicable only if criminal offence has been committed by a Police Officer “in
connection with his official relations with the Public”. Rule 16.38 has no
relevance to the facts of the persent case, and therefore, it has no
application. Even a cursory reading of the language employed by the above
quoted portion of Rule 16.38 shows that it is not every type of offence which
is required to be brought to the notice of the District Magistrate. The plain
reading of the rule suggests very clearly that the criminal offence which is
required to be brought to the notice of the District Magistrate should be one
which should b e found to have been committed “in connection with his official
relations with the public”. Therefore, unless it is found that the criminal
offence, which a particular officer is said to have committed, was committed by
him in connection with his official relations with the public, no question of
the application of Rule 16.38 would arise. Shri
Bhagat vs. Inspector General of Police, Himachal Pradesh and others, 19793)
S.L.R 256
50. Rule mandatory. If this rule is not meticulously followed in
its letter and spirit, it could thwart the statutory right of a District
Magistrate to order a departmental enquiry against a delinquent police officer
for, if the investigation is made without a prior reference to him the evidence
collected in the course of such an investigation could not be used against be
used against the delinquent officer in departmental proceedings at a subsequent
stage. An interpretation which destroys or diminished the allowed object of a
statute should be avoided at all costs. As already stated the object of the Act
is to make the police force a more efficient instrument for the prevention and
detection of crime. The Act does contemplate the holding of departmental
enquiries against negligent police officer. Rule 16.38(1) of the Rules in
mandatory in character and the evidence collected in an investigation held in
derogation of this rule cannot be used against police officer in a criminal
prosecution. Raj Kumar vs. State of
Punjab, 1976(1) S.L.R. 5.
51. Scope. Rule 1638 relates to a
criminal offence committed by a Police Officer in connection with the official
business of the public. AIR 1956 Punjab
102.
52. Speaking order—Departmental
enquiry. The impugned order of the District Magistrate (Annexure P.3) is a
self-contained order. It has not been passed in the context of any other notice
or proposal by any other authority. The District Magistrate make a reference to
the departmental enquiry held against the petitioner under sub-rule(1), finds
the charges to have been prima facie established an then suddenly in paragraph
2 of the order, directs the initiation
of a departmental enquiry against. Him No. reason whatsoever as required by
sub-rule (2) for deviating from the normal course of prosecution has been recorded. Sarup Singh vs. State of Haryana and
others, 1983(3) S.L.R. 585.
53. Suggestion is not to be equated
with the expression “dictate”. The District Magistrate is the superior most.
The suggestions by the Superintendent of Police to the District Magistrate (an
officer superior in rank) cannot be equated with ‘dictate’ or a suggestion ‘
meanigful or otherwise’. Rule 16.38(2) enjoins objectivity to the functions of
the District magistrate, again in the larger public interest. It is another
matter if that objectivity could be pointed out as utterly lacking of
there was no application of the mind.
Since, Rule 16.38(2) postulates judicial
prosecution to be the normal course and departmental action to be an exception,
it enjoins giving of reasons by the District Magistrate, if the normal course
is to be deviated from. Ram Phal vs.
State of Haryana and ors, 1980(3) S.L.R. 186.
54. Tearing off the Rojanmcha by the
police Head Constable. A criminal
offence was committed by the plaintiff in connection with his official
relations with the public inasmuch as he owed a duty to discharge his
official function which are in relation with the public. His tearing off the
Rapat Rojnamcha is another offence in connection with his official relations with the public inasmuch as Rapt
Rojnamcha is a public record maintained in accordance with law and a police
official is not expected to tear it off.
No substantial argument has been addressed to substantiate that the act
committed by the plaintiff does not fall within the purview of Rule 16.38(1).
All the ingredients for the applicability of the said rule stood satisfied. It
has not been stated at the bar that any
of the ingredients was missing.
State of Haryana and another vs. Surjan Singh 1990(2) S.L.R 88.
16-39. Rules regarding
proceedings against police officers reported to be habitually corrupt. In all
cases in which a report imputing corruption to a police officer is brought
on to his personal file, character roll
or fauji misal, an attested copy of the report shall be furnished, under the orders of the officer
maintaining the record in question, to the police officer concerned, and his
receipt therefor shall be filed with the report in question.
16.40. Method
of dealing with charges of corruption.--- Charges of corruption shall be
enquired into in the manner prescribed in this chapter for departmental
enquiries generally. Charges of specific acts of corruption shall be thoroughly
investigated by a competent officer, the provisions of rule 16.27 being
utilized, if necessary, and the preliminary investigation shall be followed by
judicial prosecution or a departmental charge according to the circumstances of
each case. Departmental charges based on a general record of dishonesty may
also be entertained in accordance with rule 16.25(2).
It is further ordered that, if five
reputable persons join in making a written complaint regarding corruption, otherwise than in
regard to a case in which they are personally interested directly or
indirectly, concerning any police official, the departmental superior of the
officer in question shall be bound to make full investigation and to inform the
complainants of the result.
SYNOPSIS
1.
Departmental
Enquiry initiated without requisite permission.
2.
Sanction
violative of the principles of fair play and natural justice.
COMMENTS
1.
Departmental Enquiry initiated without requisite permission. The requirements
of P.P.R. 16-40 is that further action
in each case is to be taken after obtaining orders of the Administration
on completion of enquiries/investigation made by the Superintendent of Police,
Anti Corruption. I desired the production of the original file in which the
permission of the Lt. Governor under P.P.R. 16-40 for taking departmental
action against the petitioner was obtained. The original file produced shows
that permission for departmental action under P.P.R. 16.40 was granted by the
Lt. Governor on 19th December, 1974. The action of instituting a
departmental enquiry on permission under
P.P.R
16.40 Reghubir Singh vs. The Delhi
Administration and others, 1981(1) S.L.R. 826.
2.
Sanction violative of the principles
of fair play and natural justice. The District Magistrate on the report of the
Sub-Divisional Magistrate took a
decision that neither departmental proceedings nor the judicial prosecution was
called for. I called upon the counsel for the respondents to produce the
enquiry report of the Sub-Divisional Magistrate as well as the decision of the
District Magistrate. And I have been informed that those have been destroyed.
The copy of the report of the Sub-Divisional Magistrate and the decision of the
District Magistrate was to brought to the notice of the Lt. Government
when permission of the LT. Govrnor under
P.P.R. 16.40 was obtained. The Lt. Governor was not even informed of the fact
that a complaint containing identical allegations against the petitioner was
enquired into by a Sub-Divisional Magistrate under P.P.R. 16.38(1). The Lt.
Governor was also not apprised of the fact that the District Magistrate had
taken a decision that no departmental proceedings be takne against the
petitioner on the aforesaid allegations as those remained unsubstantiated. The
obtaining of the permission from the Lt. Governor is this clearly vitiated as
it violates the principles of fair play and antural justice. Raghubir Singh vs. The Delhi Administration
and others, 1981(1) S.L.R. 826
16.41.
Special rules or testings suspicions of
corruption in case of upper
subordinates.—When an upper subordinate is suspected of being generally corrupt,
but definite charges cannot be farmed under rule 16.40 ante, such upper
subordinate shall ordinarily be
transferred to another district. If the
Superintendent of that district arrives at a considered conclusion that the
officer concerned is corrupt, the officer shall be called on to show-cause why
his increment of pay an promotion should not be stopped until he had satisfied
his superiors that he has reformed his habits.
FROM NO. 16.14(1)
PUNISHMENT REGISTER
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OFFENDER
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Annual Serial No.
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Rank and No.
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Name
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By whom punished
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Punishment
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The reverse end of the register shall be used for
entry of judicial punishments.
From no. 16.15(1)
POLICE DEPARTMENT DISTRICT
Punishment
Return for the month of 19 .
Punishments. – By the Criminal Courts. No.
Dated
19
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OFFENDER
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Serial No.
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Nature of Offence
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Name
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By what Court punished
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Sentence Passed
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REMARKS
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By Police
Officers
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POLICE OFFICER PUNISHED
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REMARKS
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FROM No. 16.16
POLICE DEPARTMENT DISTRICT
STATEMENT SHOWING PUNISHMENTS INFLICTED ON POLICE
OFFICERS IN CONSEQUENCE OF CORRUPTION IN THE DISTRICT DURING THE YEAR ENDING 31ST MARCH,
19
RANGE
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Head of Department or office
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Rank and designation of official punished
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Charge
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Punishment awarded, with the names of the officers
who-
(a)
Conducted
the enquiry and
(b)
passed
the (original) punishment order
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Orders passed in appeal or revision
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REMARKS
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The form should be completed in four parts as
follows:-
A.
Departmental
cases on charges involving bribery or some other form of corruption –
I.
Decided
II.
Pending.
FORM No. 16.16 – Contd
B.
Cases
in which an official has been dismissed on
charge not itself involving
corruption, but in which his general corrupt record has been taken into account
in deciding what punishment should be given.
C.
Cases
in which an officer is required to retire on completion of twenty-five years’
service under note 1 to article 464 of the Civil Service Regulations, on the
basis of a reputation for corruption.
D.
Cases
in which the pension of a retiring
official has been reduced by order under Section 470(b) of the Civil Service
Regulations, on account of a reputation for corruption.
3.
Where
any case has been made the subject of proceedings in a criminal court, the fact
should be indicated in the remarks column, with particulars.
4.
Statements
will continue to be compiled by the financial year. The returns , with the
accompanying reviews, should reach
Government not later than the 15th May.
FORM No. 16.17
REPORT OF SUSPENSION
RE-INSTATEMENT FROM SUSPENSION
POLICE DEPARTMENT DISTRICT
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Name of Officer
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Rank and No.
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Date of suspension and re-instatement
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Appointment held when suspended
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Brief reasons of Superintendent of Police for order
passed
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REMARKS
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FORM No. 16.22(3)
ANNUAL SERIAL NO. IN PUNISHMENT REGISTER
19.
DISTRICT
DATE
Statement summarizing alleged misconduct --
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Prosecution witness 1 --
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Ditto
2 --
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Ditto
3 --
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Ditto
4 --
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Ditto
5 --
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Ditto
6 --
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Ditto
7 --
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Ditto
8 --
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Formal Charge --
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Statement of accused --
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Defence witness 1 --
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Ditto
2 --
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Ditto
3 --
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Ditto
4 --
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Ditto
5 --
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Ditto
6 --
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Ditto
7 --
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Ditto
8 --
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Finding by Order by --
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THE PUNJAB POLICE RULES
Volume - 3
CHAPTER XXI--PREVENTIVE AND DETECTIVE ORGANIZATION
21-1. Principles of the Criminal Law and Police
Organization.-- The Criminal law of India and the Police organization which is
based upon it, are both founded on the principle that public order depends
essentially upon the responsibility of every member of the community within the
law to prevent offences and to arrest offenders. The magisterial and police
organization is set up to enforce, control and assist this general
responsibility. This fundamental principle must be thoroughly understood and
borne constantly in mind by police officers of all ranks, but more especially
by gazetted officers and upper subordinates.
Instructions as to the general relations between
police and Magistrates are contained in Chapter I of these Rules and some
further detailed instructions are placed in this chapter. The ideal to be aimed
at in respect of relations with the public is that every police officer, of
whatever rank, should be regarded by ever law -abiding person as a wise and
impartial friend and a protector against
injury to his person and property. In proportion as this ideal is approached,
the police will receive the information and assistance which they need, in
order to combat crime successfully. When confidence and co-operation are
lacking, private persons and village officials resort to connivance at crime
and to seeking redress for their own losses through treaty with criminals; the
police are isolated in their efforts to prevent and detect offences, and can
hope for but a small measure of success.
The proper relations between the police and the public
in a district depend primarily upon the personal attitude of the
Superintendent, and the example set by him and enforced upon his subordinates.
The most important duties of a Superintendent are to know the people of his
district and to know what his subordinates are doing. Such knowledge can only
be gained by the fullest personal accessibility, activity in touring, thorough
and intelligent supervision and a sympathetic interest in the life of the
district and the facts and difficulties of the work of his own men. He must
inspire confidence in his subordinates, at well as in the public. While alert
to check tyranny, dishonesty and other abuses by his subordinates, he must be
as accessible to them as to non-officials and ready at all times to help them
in their difficulties and support them against the evil influences, which they
have to face. This should be the attitude of all supervising officers. They
should ensure direct access to themselves unimpeded by their subordinates, and
must be ready to give a patient hearing to all complaints and grievance, but
must avoid creating any impression of spying which would destroy the confidence
and undermine the authority of their officers.
21-2. Ilaqa Magistrate--Relations with.-- The
relations between the Ilaqa Magistrate
and the Police officers with whom he has to deal should be both cordial and
intimate, and every opportunity shall be taken to keep him informed of the
state of crime in his Ilaqa Conference
between Magistrates and police officers, at which difficulties on either side
can be discussed and remedies devised, should be encouraged; police officers
coming in with chalans should take the opportunity of obtaining an interview with the Ilaqa
Magistrate and discussing with him the state of crime in their jurisdictions;
and prosecuting officers, who form a valuable link between the investigating
officer and the magistracy, should be instructed to pass on to Magistrates an
information of interest of importance regarding criminal matter on which they
may be aware. When a Magistrate visits the local area of a police station, the
Sub-Inspector should be make an effort to attend at his camp and should offer
his assistance as well as discuss with him all matters concerning crime. It is,
however, not intended that, in such cases, the Sub-Inspector should leave
important duties in order to remain in attendance throughout the tour.
21-3. Zaildars, Inamdars, Headmen and Village Watchmen.--(1) The conditions of appointment
and removal, and the duties and remuneration of zaildars, inamdars, and headmen
are set forth in the Land Revenue Rules (see Land Revenue Rule 9) with which
gazetted and upper subordinate police officers should be familiar. While these
village officials have many duties besides those connected with the suppression
of crime, capacity to assist the criminal administration is one of the factors
considered in making appointments, and failure in this duty is a ground for
removal from office or forfeiture of emoluments. In the case of headmen,
definite duties in respect of reporting and preventing offences are prescribed
by the Criminal Procedure Code, and the Land Revenue Rules (see Land Revenue
Rule 16 and 20) require them to attend the summons of all officers having
jurisdiction in the estate in which they are appointed to assist all Government
officials in the execution of their public duties; to supply information; to
assist, if so ordered by the Collector, in the provision on payment of supplies
of transport to Government officers on duty, and generally to represent the
people of their estates in their relation with Government. Zaildars and
inamdars are required by the Land Revenue rules to report to the police heinous
crime and the presence in the zails of bad characters; investigations and
arrests; to see that headmen perform their duties properly; to notify all
orders of Government in their zails and to obey all such orders as require
their personal obedience to exert their influence to secure within their zails
prompt obedience to all orders of Government; to assist all Government officers
in the execution of their duties, to supply them with information and to attend
them when they visit their zails.
(2) It is the duty of gazetted police officers and
inspectors to take particular note of the work of zaildars, inamdars and
headmen. These officials should be encouraged in the performance of their
duties and suitably rewarded when they do well; serious or persistent neglect
of duty should be brought to the notice of the Superintendent, and by him to
that of the District Magistrate. In the periodical inspections of police
stations mention shall always be made of the degree of assistance received by
the police from the zaildars and other village officials of the jurisdiction,
and of particularly meritorious work or noteworthy dereliction of duty on the
part of individuals.
(3) Gazetted officers should from time to time, record
remarks in the books kept for the purpose by zaildars and inamdars regarding the extent to which such officials
fulfil the purpose of their appointment in so far as the police are concerned.
Notes may also appropriately be made by gazetted officers in the police station
minute book (Register No.13) and in Part IV of Village Crime Books regarding
particular zaildars, inamdars and headmen.
(4) The village watchmen, or chaukidar, is a village
servant whose chief duty is the watch and ward of the village. He is required
to carry reports for the headmen, to assist him in tracing offenders and to
make arrests ad authorized by law. He is responsible to the District Magistrate
for the performance of his duties.
Chaukidars are also the agency for the reporting of
births and deaths occurring in the rural tracts. For the purpose of recording
vital statistics they attend at the police station within the jurisdiction of
which their villages are situated at certain appointed times, and these
occasions are made use of to disseminate items of news and orders connected
with the preventive and detective duties of the village officers.
The rules regarding the appointment, dismissal,
powers, duties and responsibilities of watchmen are framed by Government under
Section 39-A of the Punjab Laws Act of 1872.
21-4. Duties of Police under local and special
laws.--Many of the most important and most frequently exercised functions of
the police derive from local and special laws. In some cases powers so derived
have been specially referred to in different chapters of these rules, but,
irrespective of such references, a knowledge of the provision of all local and
special laws, more or less comprehensive
according to the duties of his rank, is required of every trained police
officer.
The constitution of the Police Force itself rests on a
special law, the Police Act (V of 1861). The administration of the Excise Act, in co-operation with officials of the
Excise Department, is one of the most important of the duties of the police.
Under this Act, all police officers of and above the rank of head constable are
invested with the powers of excise officers 1st class, and all
constables with those of excise officers, 3rd class. The control of
crime, especially in rural areas, depends largely upon the Punjab Laws Act, the
Registration of Habitual Offenders Act and the Criminal Tribes Act. The Arms
act contains cognizable offences of first class importance, and imposes on the
police important duties in connection with the inspection of licenses. The Cantonment
and Municipal Act impose very extensive and varied duties upon police officers
serving in areas to which they apply in relation to the enforcement of bye-laws
of all sorts. The powers and duties of the police in relation to fires also
emanate from the Municipal Act. The same Act, together with the Hackney
Carriage Act, Indian Motor Vehicles Act, Prevention of Cruelty of Animals act
and certain sec-control of traffic. The Indian Extradition Act governs the
dealings of the police in respect of criminals with Indian States. Many other
Acts give powers or impose duties in
respect of arrests, custody, search and inspection in relation to particular
classes of offence.
21-5. Absconders and Harbourers.--(1) A Vital factor
in both the detection and prevention of crime is the execution of the law in
respect of absconding and harbouring. The provisions of the law are adequate to
prevent both these offences but their proper and comprehensive administration
demands the constant attention of Magistrates
and supervising police officers. The absence or prevalence of absconding
and harbouring are among the acid tests of the efficiency of the criminal
administration. Instructions as to the taking out and execution of warrants
when persons, whose arrest is required, are not immediately found, are
contained in rule 26.5. This is the first essential. Under Section 87, Code of
Criminal Procedure, any Court may at any time issues a proclamation against a
persons for whose arrest that court has issued a warrant. All that is necessary
is that the court should be satisfied, not necessarily by evidence, that the
said person “ has absconded or is concealing himself so that such warrant
cannot be executed”. The court may further at any time after proclamation “
order the attachment of any property, moveable or immovable, or both, belonging
to the proclaimed person”. The period of thirty days mentioned in Section 87,
Code of Criminal Procedure, is that within which the absconder is called upon
to surrender, it imposes no delay on the issue of attachment order. The issue
of a proclamation under Section 87, Code of Criminal Procedure, renders liable
to the penalties of Section 216, Indian
Penal Code, any one who gives to the person proclaimed any assistance of the
nature described in Section 52-A, Indian
penal Code.
(2) The action prescribed in rule 26.5 for obtaining a
warrant of arrest shall be taken by the police immediately they have grounds
for making such arrest. Every reasonable efforts to execute such warrant shall
then be taken. If such efforts fails, the court which issued the warrant must
be satisfied that the warrant cannot be
executed; evidence of the guilt of the wanted man in the offence under
investigation is not required. When a proclamation order has been obtained, the
police are bound to publish that order as required by Section 87(2), Code of
Criminal Procedure. Immediately this has been done that requirements of Section
87(3), Code of Criminal Procedure, shall be complied with. Thereupon, the
person wanted becomes a “ proclaimed offender” and the rules in Chapter XXIII
regarding the entry of such person’s name in the surveillance register, list of
proclaimed offenders, notices to village headmen and watchmen of all places
where he has connections or which he is likely to visit etceteras shall be
forthwith complied with.
(3) The procedure of search under warrant and
proclamation shall be carried out in every case in which a wanted person cannot
be immediately arrested without warrant
by the investigating officer. Discretion may be exercised by both the
police and Magistrates whether to proceed with attachment of property under
Section 88, Code of Civil Procedure, in every case, where there is danger of
more crime resulting from and absconder remaining at large and attachment order
shall be immediately applied for. The police are not authorized to carry out
attachment, but it is the duty of the prosecuting branch to see that the
necessary orders issued from the court without any delay, and of the officer
conducting the investigation to take steps to prevent the improper alienation
of attachable property by fictitious mortgage or sale. For this purpose lists
of such property should be made, as part of the investigation, and attached to
the police file of the case, and the village headman concerned should be
directed to report any attempt at alienation or
removal pending the issue of
attachment orders. The lists of property prepared by the investigation officer,
attested by competent witnesses, should
be put into court with the application for an attachment order.
(4) To prevent harbouring, without which no absconder
can remain at large, thorough publicity in regard to the issue of a warrant and
subsequent proclamation order is essential. It
this receives proper attention, the defence of ignorance is denied to
the persons who can be proved to have rendered any sort of assistance to an
absconder.
21-6. Reports and records.--In order that continuity
in the method of administration outlined in rule 21.1 may not be lost owing to
changes of personnel, the proper maintenance of those reports, records and
notes which review the history of the criminal administration of a district, or
from which information regarding individuals and past events may be obtained, in essential. Apart
from personal records of police officers, police station records and inspection
notes, referred to in other chapters o these rules, such records comprise:---
(i)
Transfer
of charge memoranda (rule 21.7).
(ii)
Confidential
note books (rule 21.8).
(iii)
Weekly
diaries I and II (rule 21.9 etc, seq).
(iv)
Monthly
crime reports (rule 21.15).
(v)
Annual
Police Administration reports (rule 21.16).
(vi)
Annual
reports on the administration of the Criminal Tribes Act (rule 21.18).
(vii)
Reports
on political events or meetings (rule 21.19).
(viii)
Reports
on important fairies and festivals ( rule 21.20).
21-7. Transfer of charge memoranda.--(1) Every
Superintendent and Deputy Inspector General shall, before leaving a district or
range on transfer, or otherwise record a memorandum containing all necessary
information for the guidance of his successor and for the preparation of the
annual administration report.
(2) The following are some of the matters to be
attended to in taking over charge of a district and in preparing the memorandum
mentioned in sub-rule (1) above:-
(a)
State
of contingent allotments and adequacy or inadequacy under different heads of
the budge;
(b)
Additional
police, existing and proposed;
(c)
New
buildings or repairs required;
(d)
Pending
cases o importance;
(e)
Confidential
records and correspondence;
(f)
General
state of crime;
(g)
Organization
of preventive and detective operations including special mention of the duties
of the Central Investigating Agency and modus operandi office, and current
measures of co-operation between the police and public for the prevention of
offences;
(h)
Proclaimed offenders and dangerous and active gangs;
(i)
Matters
noted at the Deputy Inspectors-General’s inspection as requiring attention;
(j)
Custody
of keys of cash chest, confidential box, ect.;
(k)
Notes
on the character and capabilities of oficers;
(l)
Note
of three men in the rank of head constable, selection grade constables and time
scale constables car-marked for the next ensuring officiating or substantive
promotion vacancies;
(m)
Punishment
files pending;
(n)
Vacancies
and suggestions regarding recruiting.
21-8. Confidential note-book.-- There being many
matter connected with the police administration of a district which find not
place in office register, and a record of which is necessary, both for the
Superintendent’s own information and for
the benefit of succeeding officers, every Superintendent shall maintain a “confidential
note book”. The details given below shall, among other, find a place in this note-book, each
successive Superintendent adding to and revising in his own notes, the information
on record; and Deputy Inspector-General shall, at their inspections, examine
the books and comment on the adequacy or otherwise of the notes recorded. The
book shall be in two parts as follows:-
PART-1
(a)
Villages
specially notorious for the bad character of their inhabitants.
(b)
Names
of zaildars, safedposhes, lambardars, etc, good or bad, who have come
prominently to notice, with brief notes regarding them.
(c)
Names
and brief accounts of noted or professional political agitators or reference to
their files.
(d)
Names
and brief accounts regarding specially notorious bad characters and, in cattle
thieving districts, of the chief “ Rassagirs”.
(e)
Notes
on matters connected with the administration of the Criminal Tribes Act.
(f)
Notes
of fairs, periodical religious procession and other local gatherings with
reference to the file explaining the police arrangements necessary at each.
(g)
A
list of capable detectives and intelligence agents among lower subordinates
with reference to the special qualifications of each.
(h)
Other
matters of permanent interest.
An index to the contents in Part I shall be maintained
on the first page, as many pages as may
be considered necessary being allotted to each subject. Subject to the
above rules the information may be recorded by Superintendent in any form they
deem most convenient. It should be as concise as possible, a reference being
given to other files or previous papers for more detailed information.
PART II
PART II shall be in the form of a permanent file
containing the making over charge referred to in rule 21.7.
21-9. Superintendent’s weekly diary No.1.--(1)
Superintendent shall submit a weekly diary on Saturdays in Form 21.9(1) through
the District Magistrate to the Deputy Inspector- General. Unless the diary
contains matter which the Deputy Inspector- General considers it expedient to
bring to the notice of the Commissioner or Inspector- General, it shall be
returned direct to the Superintendent of Police.
(2)
If the
District Magistrate is
absent from duty
the diary shall
be submitted direct by the Superintendent of Police to the Deputy
Inspector- General.
(3)
Every Assistant
or Deputy Superintendent on tour or inspection duty, and every Probationary
Assistant Superintendent shall
submit a diary in this form to the Superintendent . Such diaries shall not be forwarded to the
District Magistrate or Deputy Inspector. General unless the Superintendent has special reasons
to do so.
(4)
Diaries shall
be regarded as
confidential communications, and
shall not be sent into officers,
and shall be
forwarded by District
Magistrate and Deputy Inspector-
General without delay.
21-10. Weekly Diary No. I--Contents of.-- Diaries
shall be paragraphed. Each paragraph shall bear a weekly serial number, and the
following matters shall be entered in them:---
(a)
All
matters of importance connected with the police administration of the district.
(b)
Comments
on the state of crime in the district and important cases under investigation
or trial.
(c)
Matters
of special interest connected with the discipline and conduct of the force.
(d)
Inspection
and touring work performed by gazetted officers.
21-11. Weekly
Diary No. I--Check list of.-- A check register of weekly diaries shall be kept
by each range Deputy Inspector- General.
21-12. Weekly
Diary No. II--Channel of submission.--(1) Five copies of confidential diary No.
II in form 21.12.(1) shall be prepared each week by Superintendent Police.
These copies shall be dispatched punctually on Saturday evenings [vide serial
No. 3 of Appendix No. 11.39(1)] and should be marked ‘Immediate’. The first
copy will be retained for record, the second copy will be sent direct to the
Deputy Inspector- General of Police of the rang, the third and fourth copies
will be sent direct to the Assistant to the Deputy Inspector- General of
Police, Criminal Investigation Department, and the fifth copy will be sent
through the District Magistrate to the Commission. If the Commissioner or the
District Magistrate have recorded any comments on the fifth copy, the Commissioner
will forward it to the Deputy Inspector- General of Police of the range, who
will add his own comments, if any, and transmit the diary to the Assistant to
the Deputy Inspector- General of Police, Criminal Investigation Department. If
neither the Commissioner nor the District Magistrate have any comments to
record the diary shall be destroyed by the Commissioner. Action, if any taken
on the advance (second) copy of the diary by the Deputy Inspector- General
should normally be confined to addressing the Superintendent of Police
concerned. If it is desired to record remarks for the information of higher
officers, this may be done either on the copy received from the District
Magistrate and the commissioner, or by means of a separate reference. The Assistant
Inspector- General, Government Railway Police, shall submit a diary, in
duplicate, in the same form direct to the Assistant to the Deputy Inspector-
General of Police, Criminal Investigation Department.
(2)
Office
copies of confidential diaries shall be kept for three years, or forsuch longer
period as the Superintendent of Police considers desirable.
(3)
The
advance (second) copy of the confidential diary should be kept by the Deputy
Inspector- General of the Range concerned for three year.
21-13. Weekly Diary No. II--Comments of.-- The
following are among the matters which should be mentioned in the confidential
diary.
(a)
Information
regarding political movements, parties, leaders, publications, and the like.
(b)
Information
regarding religious sects, changes in doctrine and practice having a political
significance, proselytism, or preaching of a provocative nature.
(c)
Information
regarding foreigners and others, the reporting of whose movements and
activities has been ordered or is considered necessary.
(d)
Information
regarding current rumours or topics of interests, which are causing or are
likely to cause animosity between classes or disturbance of public tranquility.
(e)
Police
opinion regarding the legislative or executive measures of Government.
(f)
Noteworthy
movements of population, whether emigration or immigration.
(g)
Political
or religious meetings and celebrations which are important either intrinsically
or by reason of public speeches, propaganda and the like associated with them.
(h)
The
effect of public opinion of current discussions in the press.
21-14. Weekly Diary No. II--Miscellaneous order
regarding.-- (1) Every confidential diary shall be written on half margin, and
every separate subject shall be entered in a separate paragraph, and each
paragraph shall be numbered seriatim.
(2)
To ascertain and to report correctly the prevailing temper of the people is one
of the most important duties a Superintendent has to perform.
(3)
When an entry in a gazetted police officer’s diary, or in the confidential
diary, concerns the police of a district. Other than the one from which it is
submitted, the Superintendent by or through, whom it is submitted, shall state
whether he has, or has not, communicated the facts direct to the Superintendent
concerned.
21-15. Monthly
Crime Report. -- (1) The monthly crime
statement in Form
21-15 (1) shall be prepared in every district, on the
first of each month. On receipt of this statement together with such further
statistical information as may be prescribed from time to time, the
Superintendent shall personally compose a brief review of the state of crime in
the district, both in regard to its main divisions and generally. Noteworthy
features in the monthly statistics shall be commented upon, and references
shall be made to the progress and development
of any special measures for combating crime. The review with the full
statement by police stations shall be attached to the first weekly diary
submitted in the month, and a copy, with an extract from the statement showing
district totals only, shall be sent direct to the Deputy Inspector- General to
reach him by the 5th of the month without fail.
(2) On receipt of the extracts mentioned in
sub-role (1) above each Deputy Inspector- General shall prepare on similar
lines to the district reports a consolidated range report, and submit it on or
before the 15th to the Deputy Inspector- General, Criminal
Investigation Department. Copies of the range report shall also be sent to
Commissioners of Divisions included in
the range, who will forward their copies, with their comments, if any, to the
Inspector- General of Police, and to all Superintendents of Police in the
range, who will show their copies to District Magistrates.
21-16. Annual
Police Administration Reports. -- (1) Every Superintendent shall prepare and
dispatch to the District Magistrate an Annual Administration Report in January
of each year for the previous calendar year. The Assistant Inspector- General,
Government Railway Police, shall also submit his Annual Administration Report in January to the
Inspector- General, through the Agent, North-Western Railway.
(2) Each district report shall be forwarded as
follows: --
by the Superintendent to the District Magistrate on or
before the 20th January,
by the District Magistrate to the Deputy Inspector-
General on or before the 31st January.
The district reports (without the returns) shall, as
they are received, be forwarded by Deputy Inspector- General, accompanied by
any marginal remarks considered necessary, to Commissioners by whom they will
be returned to Deputy Inspector- General on or before the 20th
February.
They will then be forwarded by Deputy Inspector-
General to the Inspector- General with a covering letter containing comments on
any improvements in methods of working, outbreaks of crime affecting more than
one district, or other matters of interest not specifically mentioned in any
district and the returns prescribed for the whole range on or before 1st
April.
(3) Every Superintendent and the Assistant Inspector-
General, Government Railway Police shall also submit direct to the Inspector-
General an advance copy of the annual report and the returns appended to it, on
or before the 20th January.
21-17. Annual
Report--Form of. -- (1) The report should consist of concise and inteligent
criticism of facts and of the figures given in the prescribed returns. No mere
paraphrasig and reproduction of statistics should be allowed in the body of the
report. Variations in the figures, which are not unusual or important, should
not commented on. The briefer a report is the better, if it includes all that
is necessary to show an intelligent comprehension of the meaning of the facts
and figures and of the salient features of the year’s work. The object of the
report is to state what has been done rather than to suggest what should be
done. Matters of the latter nature should be reported in separate official
latter. Any such comment or suggestion which is considered necessary in the
annual report should be as brief as possible, especially where the matter is
complicated or controversial.
(2) Lists of subjects to be reported on, the returns
to be submitted, and detailed instructions for their preparation are printed
and issued every year by the Central Police Office. No alternation in, or additions
to, the printed forms shall be made without a reference to the Inspector-
General.
21-18. Criminal
Tribe Report. -- (1) Each Superintendent of a district shall prepare an annual
report on the working of the Criminal Tribes Act in his district for the
calendar year. The subjects to be reviewed are given in Appendix 21.18(1) and
blank forms for the printed statements required to accompany the report are
supplied by the Deputy Commissioner, Criminal Tribes. Rule 21.17(1) shall apply
to the preparation of this report also.
(2) The latest date for submission of the Criminal
Tribes Report shall be:---
(a)
by
the Superintendent to the District Magistrate; 1st March.
(b)
by
the District Magistrate to the Deputy Inspector- General; 15th
March.
(c)
by
the Deputy Inspector- General to the Commissioner; 1st April.
(d)
by
the Commissioner to the Deputy Commissioner, Criminal Tribes; 15th
April.
(3) Each Superintendent shall forward a copy of his
annual Criminal Tribes Report to the Assistant to the Inspector- General of
Police for Criminal Tribes to reach that officer by the 1st March,
each year.
(4) The Deputy Commissioner, Criminal Tribes, is
required to prepare a consolidated report for the province, which is due with
Press not later than June 25th. The report, when printed, is due to
reach Government through the Inspector- General of Police by August 15th.
21-19. Public
Meetings. -- (1) It is the duty of Superintendent of Police for the accurate
reporting of the proceedings of all political and other public meetings held to
discuss matters which are likely to disturb the public tranquility. To this end
they shall encourage officers to learn Urdu shorthand. If the meetings to be
reported are of provincial importance, Superintendent of Police may request the
assistance of the Superintendent of Police, Political, Criminal Investigation
Department, or if none are available, will arrange with the Deputy Inspector-
General of the Range for the deputation of a stenographer from another district
in his Range. At meetings at which inflammatory speeches are considered likely,
arrangements shall also be made to have official and non-official witnesses
present who may be available in the event of the prosecution of any of the
speakers being undertaken.
When meetings are obviously of importance in
connection with a particular form of agitation or when the speeches at them
appear to be actionable, a detailed report shall be sent immediately to the
Assistant to the Deputy Inspector- General of Police, Criminal Investigation
Department, with a list of the official and non-official witnesses present.
Report in such cases shall be forwarded with the confidential weekly diary to
the Deputy Inspector- General of the range for information. Superintendents of
Police are responsible that the reports of all meetings are written in clear
and intelligible English. Reports should show the classes present at the
meetings and estimate the effect of the speeches on the audience.
The police have the right to attend public meetings
with a view to (i) preventing any infringement of the law or, (ii) taking
evidence with a view to the possible prosecution of law breakers. All public
meetings can therefore, be attended by police reporters, but as the right of
entry may at times be questioned or even forcibly resisted by the organisers.
It is important, when such tactics are apprehended, that a sufficient body of
police in uniform should be deputed to discourage opposition. Recourse may also
be to the procedure enacted in Chapter III of the Punjab Criminal Law
(Amendment) Act III of 1932.
21.20.Reports of fairs and festivals. -- (1) Every
Superintendent in whose district any fairs or public assemblies of importance
are to take place shall, on the 1st December in each year, submit a
list of such fairs and assemblies for the year next ensuing with the date or
dates on which they will be held, to the Inspector-General for publication in
the Police Gazette.
(2) on the termination of important fairs and
festivals, Superintendents shall submit a report in From 21.20(2) dealing briefly
with the prominent features of the fairs; crime occurring in connection with
it; conduct of the police; accidents or fatalities occurring, if any, and the
existence of any excitement of a political or religious nature etc. Such
reports shall be submitted through the District Magistrate to the Deputy
Inspector-General of the range, who will at his discretion forward them through
the Commissioner to the Inspector-General of Police. Events of immediate
importance shall also be reported promptly and by telegram if necessary, by the
Superintendent direct to the Deputy Inspector-General of the range and the
Deputy Inspector-General , Criminal Investigation Department.
21.21. Political and communal activities in relation
to law and order.--Rule 2.19. lays upon Superintendents of Police the duty of
watching and reporting on political or communal movements as such. As part of
his general duty to maintain touch with the progress of activities, which may
have consequences likely to disturb public tranquility, it is incumbent upon
every officer in charge of police station and officer superior thereto, to keep
himself fully informed of all developments or offshoots of such movements in
his jurisdiction. To this end such officers must know the persons who take the
lead in such matter, and the attitude towards them of men of influence. As soon
as any such movements shows signs of developing on lines which are likely to
cause animosity between sections of the people and breaches of the peace, or to
be otherwise clearly subversive of law and order, the Superintendent, in
consultation with the District Magistrate, shall take such action as may be
most appropriate to the occasion, but when the activity is political rather
than communal and no orders of Government cover the case, ordinarily a
reference should be made to Government before measures to check it are set in
motion. Police officers of all ranks are required to refrain absolutely from
personal participation in political or communal affairs; they are not concerned
with the merits of such controversies, but solely with the maintenance of the
public peace. In the category of personal participation, however, acquaintance
and maintenance of touch with communal leaders is not included. Relations of
this kind may help Superintendents and other gazetted police officer to prevent
the development of communal trouble and the occurrence of open disputes, and
may enable them on occasions to bring leaders together with salutary results
for the settlement of minor causes of friction, with which the District
Magistrate need not be troubled in their initial stages.
21.22. Religious procession.--(1) Periodical public
religious processions shall not be permitted to proceed along new routes
without the written sanction of the District Magistrate.
(2) When periodical public religious procession is
about to take place the Superintendent shall acquaint himself with the police
arrangements made in past years and shall make necessary arrangements in
consultation with the District Magistrate, following, as far as may be, the
procedure previously adopted.
(3) In each district a separate file shall be kept of
each periodical public religious procession
showing the strength and disposition of the police force employed and
the average number of persons attending the procession.
(4) Whenever a license is granted for a procession
there shall, if possible, be a plan of the route on the back of license. All
licenses granted shall be in From 21.22(4).
(5) The Superintendent shall not grant a license for
an important public religious procession of a novel character or on an occasion
when public felling is excite, without taking the orders of the District
Magistrate.
(6) When a
procession other than one of regularly exercised custom is allowed to take
place any sums necessary to defray the cost of barriers, additional police and
the carriage of such police shall be deposited with the Superintendent by the
managers of such processions before the license is granted.
21.23. Press advertisements.--(1) The newspaper press
shall be used as a medium both for advertising police regulation affecting the
public and for enlisting the assistance of the public in the investigation of
crime.
Examples:-
(i) Traffice
regulations and directions for festivals and official function.
(ii) Descriptions
of wanted offenders or lost property,
especially when a rewards is offered.
In both classes of publicity referred to in this rule,
press advertising shall be supplemented, when considered advisable, by posters
for affixing to notice boards and leaflets for wholesale distribution.
Advertising shall be in English or vernacular or boot, as may be most
appropriate in each case.
(2) The charges for the publication of Government
advertisements in newspapers shall be met from police contract contingencies.
With regard to printing of posters and leaflets the instruction contained in
rule 11.57(3) should be followed.
21.24. Criminal Intelligence gazetted--Notice for.--
Notices of novel or professional offences and memoranda embodying the shifts
and artifices of criminals shall be sent for publication the Criminal
Intelligence Gazette for general information. Such notices shall be sent direct
to the Assistant Inspector-General, Crime and Criminal Tribes, Criminal
Investigation department, and shall be in narrative or other form, as far as
possible, ready for the press.
21.25. Appointment to Criminal Investigation
Department.--(1) Upper and lower subordinate posts other than those of
inspector in the Criminal Investigation Department shall be filled by the
deputation of suitable men from districts for periods three years extensible by
not more than two years at a time at the discretion of the Deputy
Inspector-General Criminal Investigation Department.
(2) A police officer on deputation to the Criminal
Investigation Department will retain his
original position in the cadre of his district or range. While in the Criminal
Investigation Department he will be eligible for officiating promotion in that
branch; on reversion from the Criminal Investigation Department he will assume
his place in his original cadre. Officiating promotion may be given in the
district or range in the place of an officer deputed to the Criminal
Investigation Department, such officiating post lapsing on the officer’s
reversion.
(3) When an officer borne on the rolls of district or
range reach, a place in seniority which would entitle him to be considered for
substantive promotion if he were serving in the establishment to which he
belongs permanently, he shall be informed and given the opportunity of
returning to district police work. No officer on deputation to the Criminal
Investigation Department shall be substantively promoted to head constable or
higher rank unless both the Deputy Inspector General, Criminal Investigation
Department and the Deputy Inspector General of the range to which he belongs
agree that he is qualified for such promotion by all the prescribed standards.
(4) The Deputy
Inspector General Investigation Department, may make recommendation on behalf
of sub-inspectors serving under him to the Deputy Inspector General of the
range and the Inspector General of Police, respectively, for promotion to the
selection grade or admission to List F.A sub-inspector who becomes eligible
while serving in the Criminal Investigation Department for grade promotion in
the selection grade, shall receive such promotion, if the Deputy Inspector
General of the range and Criminal Investigation Department agree that he is fit
for it.
(5) Annual reports on upper subordinates serving on deputation
in the Criminal Investigation Department shall be sent by the Deputy Inspector
General, Criminal Investigation Department, to the range Deputy Inspector
General concerned for record and other necessary action.
(6) In very exceptional cases and for the political
branch only and with the written sanction of the Deputy Inspector General
personally, direct enrolment as constable or in higher ranks, may be made to
the Criminal Investigation Department. Specialists shall, however, when
possible, be entertained on contract terms, so that their services may be
dispensed with when their utility cases or deteriorates.
21.25. Discipline in the Criminal Investigation
Department-- The Deputy Inspector General, Criminal Investigation Department,
shall have complete disciplinary control over all police officers while serving
in the Criminal Investigation Department.
21.26. Duties of Criminal Investigation Departments.--
The following are the chief duties of the Criminal Investigation Department in
so far as they affect the district police:---
i.
To
promote co-operation between the police of different districts and different
provinces.
ii.
To
undertake or assist in the investigation of cases or classes of crime which
have provincial or inter-provincial ramifications of the Inspector General or
Deputy Inspector General, Criminal
Investigation Department, considers that such action is in the interests
of the criminal administration.
iii.
To
watch and report on all communal, political and subversive movements affecting
the province and India as a whole; to maintain close co-operation with district
authorities in all such matter and to direct investigation connected with them.
iv.
Through
the medium of the Criminal Intelligence Gazette:---
(a)
to
check crime by the prompt publication of information of the prevalence of a
particular class of crime and of the absence from their homes of dangerous
criminals;
(b)
to
secure the detection and arrest of persons wanted for offences committed.
(c)
to trace property stolen and recovered.
(d)
to act
generally as an agency for disseminating intelligence likely to aid the police
in their work.
(v)
To
collect, co-ordinate and disseminate political and criminal intelligence.
(vi)
The
Criminal Tribes Branch to deal with all aspects of the control of Criminal
Tribes which fall within the sphere of the Inspector-General of Police as
prescribed from time to time by the Provincial Government.
21.27. Requests for service of officers of Criminal
Investigation Department.-- The services of investigating officers of the
Criminal Investigation Department may be asked for by Superintendents of Police
in any case of the following nature:---
(a)
Note
forgery, counterfeit coining or professional poisoning cases where the
conspiracy appears to extend to other provinces and there is not a suitable
staff to deal with them in the district.
(b)
Theft
of Government arms and ammunition and illicit trade in arms.
(c)
Extensive
frauds and bogus company promoting.
(d)
Case
of dacoity concerning more than one district.
(e)
Organised
traffic in women.
(f)
Case
of such a technical nature as, in the opinion of the District Superintendent of
Police, appear to call for the services of an officer of the Criminal
Investigation Department.
The Deputy Inspector-General of Police, Criminal
Investigation Department, shall decide in each such case whether he can comply
with the request of the Superintendent of Police.
21.28. Status of Criminal Investigation Department
Officers in investigations:-
The Criminal Investigation Department has no separate
jurisdiction and can only investigate under the cover of a First Information
Report registered at a police station having jurisdiction. The Deputy
Inspector-General of Police, Criminal Investigation Department, may decide to
take over the control of any particular investigation him self or to depute one
or more of his officers to work directly under the control of the
Superintendent of Police of the district concerned. In either case, the latter
officer has the right to be kept fully informed of the progress of the
investigation. All case diaries written by officers of the Criminal
Investigation Department shall be forwarded to the gazetted officer of the
Criminal Investigation Department under whom the are working through the
Superintendent of Police, advance copies being sent direct if so ordered.
(2)
When
dealing with cases in conjunction with the district police, officers of the
Criminal Investigation Department must bear in mind that it is indispensable to
gain the confidence and good will of the local police and to avoid giving cause
for jealousy.
(3)
When
good results are obtained full credit must be given to district police officers
for any share they may have had in the work and, when results are
unsatisfactory, care must be taken not to criticise the local police unfairly.
(4)
All
recommendations, made by officers of the Criminal Investigation Department for
rewards for exceptionally good work done in cases wholly or partly investigated
by officers of the Criminal Investigation Department shall invariably be
submitted to the Deputy Inspector General through the Superintendent of the
district concerned who may add any recommendation or remarks he may consider
necessary.
21-29. Criminal
Investigation Department -- No control over district police. -- Officers of the
Criminal Investigation Department shall have no control or executive authority
over the district police except in an emergency and within the powers vested in
them by their rank in the provincial police force.
All matters affecting the discipline of or rewards to,
and complaints against, the district police, shall be referred by the Deputy
Inspector General of Police, Criminal Investigation Department, to the Deputy
Inspector General of Police of the range concerned.
21-30. Prosecution
of cases investigated by the Criminal Investigation Department. -- The consent
of the Deputy Inspector General, Criminal Investigation Department, shall be
obtained before an officer of the department is presented as a witness in
court. Criminal Investigation Department officers shall advise and assist the
district investigating and prosecuting offices in the conduct in court of cases
in the investigation of which they have shared.
21-31. Rules of
the Criminal Investigation Department. -- The full rules of the Criminal
Investigation Department are contained in the Manual of that department.
21-32. Circumstances
in which Criminal Investigation Department can assist investigating officers.
-- The Criminal Investigation Department is in possession of special apparatus
and its officers include those accustomed to the handling of certain branches
of police technique. Investigating district police officers and Superintendents
of police should remember, therefore that the Criminal Investigation Department
is in a position to give assistance in circumstances such as are described
below:---
(a)
the
reconstruction of faded writing;
(b)
the
examination of arms and bullets used in crime;
(c)
the
examination of minutiae such as hairs, pieces of skin, dust, etc.;
(d)
the
solution of ciphers;
(e)
the
examination of forged documents, counterfeit coins and moulds;
(f)
the
photographing of important documents;
(g)
the
interrogation of suspects from other provinces;
(h)
the
connection of local suspects with suspects of other district or provinces;
(i)
when
an opinion on handwriting is required to assist the investigation;
(j)
where
invisible inks are suspected to have been use.
Such matters shall only be referred to the Criminal
Investigation Department in important cases when other evidence sufficient for
the purpose of the case concerned is no forthcoming. In important cases the
Criminal Investigation Department will enlist the aid of scientific persons
outside the police department.
The department is also ready, when circumstances
permit, to assist district police officers with technical advises on the spot
as to the discovery and preservation of clues at the scene of crimes and can
sometimes loan apparatus and qualified operators thereof for these and similar
purposes.
21-33. offices
of Criminal Investigation Department to report to Superintendent of Police.
-- Ordinarily, when anofficer of the
Criminal Investigation Department is sent to a district to take up inquires,
and invariably, when he is sent to investigate a case, he will take with him a
letter addressed to the Superintendent of Police, or senior office present at headquarters,
describing the nature of the work on which he is sent and, when necessary,
asking for his assistance. When directed to do so he will also call on the
District Magistrate.
21-34. Organization
of police in towns and cities. -- (1) In each district the Superintendent of
Police shall issue standing orders regulating the point and beat duty to be
carried out in each town and cantonment for which police establishment is
provided. These orders shall be in accordance with the principles set forth in
rule 2-2(2) and shall be revised as often as may be necessary to meet
variations in the local incidence of crime, development of new residential or
commercial areas, increase in establishment and the like. The division between
the investigation and clerical staff and the watch and ward staff shall be
maintained as far as is practicable, though inter-change of duties should be
made. Men, even though qualified, should not be employed on the investigation
staff while posted to the watch and ward staff, except in cases of emergency,
as such employment must detract from the efficiency of the watch and ward
system.
(2) The
success of a system of watch and ward in a town or city will depend on,---
(a)
the
discipline of the men on beat the patrol duties;
(b)
the
extent to which the mean have been instructed in their duties;
(c)
the
amount of supervision exercised by superior offices. Superintendent of police
must therefore arrange that, in addition to the standing orders referred to in
the above rule, head constables and constables are frequently questioned so as
to ensure that the training they have received in the lines school and at the
Police Training School is not forgotten but put into practice. Each constable
or beat or patrol duty should.
21-35. Central
Investigating Agency. -- (1) In order to assist the Superintendent of Police
and his supervising staff in co-ordination the preventive and detective work of
the District Police and in order to act as clearing house for criminal
intelligence for the use of investigating offices in the district and in other
districts a Central Intelligence Agency shall be established in each district.
This body shall be formed from the establishment sanctioned for the district
for the prevention and detection of crime. Officers of different ranks shall be
selected for service in the C.I.A., in the light of their intelligence
efficiency and practical experience of preventive and detective work in a
police station. In order to promote co-operation and the inter-change of ideas
between the C.I.A. and police station staff no officer shall ordinarily remain
more than two years at a time in the C.I.A. No officer shall be appointed to
the C.I.A. who is not well educated and who has not an unblemished reputation
for honesty.
The functions of the Central Investigating Agency
are:---
(a)
The
preparation of crime maps relating to offences against property classified
under the methods employed by the criminals.
(b)
The
receipt, consideration and filing according to classification, of information
received from investigating offices.
(c)
The
comparing of the date collected under (a) and (b) and the communication of any
deduction therefrom to the investigation offices concerned.
(d)
The
preparation of a crime index f cases from the materials collected under (a) and
(b) classified according to; (1) methods employed by the criminals and (2)
various clues provided by the criminals such as nicknames used; special
clothing worn; peculiarities of the culprits noticed by witness; special
weapons used; special signals used etc. etc.
(e)
The
preparation of a crime index of criminals. This shall normally be in two
parts.--
(i)
an
index of names of known criminals classified according to their methods of
operating;
(ii)
an
index of known criminals classified according to their peculiarities of
appearance, gait, speech, nicknames, etc.
(f)
The
provision of information by means of which the Superintendent of Police may be
assisted in controlling the crime of his district, forestalling outbreaks of
crime and directing preventive operations.
(g)
The
publication of a weekly Criminal Intelligence Gazette.
(h)
To
co-ordinate and guide the efforts of police station staff throughout the
district in securing the arrest of absconders and proclaimed offenders and in
locating absentee bad characters, criminal tribesmen and other untraced persons
and to maintain close co-operations with the C.I.As. of other districts in this
work.
(i)
When
information received from records or otherwise indicates that a series of
cases, whether in the jurisdictions of one or of several police station, is the
work of the same criminal or of a gang to co-ordinate or, under the orders of
the Superintendent of Police, direct the investigation of such cases.
The Primary function of a Central Intelligence Agency
is to assist Station House Officers and their staffs. A. C.I.A. can only afford
assistance effectively, if it is continuously supplied by Station House
Officers with detailed information about the movements of bad characters and
peculiar features of cases. Information so received shall be examined, compared,
and classified by the C.I.A. Information of general use of Station House
Officers and neighbouring districts and deductions from it shall be
disseminated as speedily as possible through the C.I.A. Gazette or, in case of
urgently, by special circular. Information which is of value to a particular
police station only or clues in local cases shall be communicated immediately
to the particular officers or officer concerned, who shall be held responsible
for making proper use of it.
The C.I.A. shall be in charge of one of the District
Inspectors. A room shall be provided for it in the officer of the
Superintendent of Police which is conveniently situated in relation to the
rooms of the Superintendent of Police and Gazetted Officer. These officers and
their readers and officers of the prosecuting branch and all Station House
Officers and investigating officers visiting headquarters shall make a practice
of visiting the C.I.A. room regularly, studying the records of crime and
criminals which are available there, exchanging information with each other and
with the C.I.A. staff and concerting measures for the better control of
criminals through the agency of the
records and machinery of the district Police.
All investigating officers in the district shall be
encouraged to visit the room where the Central Investigating Agency functions
when they visit headquarters and to discuss their cases with the personnel of
the Central Investigating Agency.
(2) The instruction concerning the examination of
scenes of thefts and burglaries and the particulars required to be submitted in
the case of all such offences to the Central Investigating Agency are given in
Appendix 21.35(2), and the various modus operandi forms to be used are detailed
below:---
(a)
Case
Index Card in Form 21.35(2) (a) for different (M.O).
(b)
Criminals
Index Card in Form 21.35(2) (b) (white for males and pink for females).
(c)
Descriptive
Index Card in Form 21.35(2) (c) (white for males and pink for females).
(d)
Deformity
Index Card in form 31.35(2)(d) (while for males and pink for females).
(e)
Particulars
of persons arrested for offences against property in Form 21.35(2)(e).
(f)
Property
Card lost or stolen--in Form 21.35(2)(f) (blue).
(g)
Property
Card lost or stolen --in Form 21.35(2)(g) (pink).
21.36. Range mobile traffic patrols --Duties of.--For
each range of the province at least one mobile traffic patrol, consisting of a
inspector, a sub-inspector and two constables, has been sanctioned for the
control and checking of traffic on the roads of the range. These patrols shall
be under the direct control of Deputy Inspectors-General who shall be
responsible for so directing their movements and activities as to obtain the
maximum effect.
The duties of these shall be:---
(a)
The
checking at irregular intervals on different roads of all motor licenses to
drive and to ply for hire. At these inspections of licenses
the officer-in-charge of the patrol shall satisfy himself that all
licenses are up-to-date and that all vehicles have paid the taxes imposed under
the Punjab Motor Vehicles Rules, 1915, the Punjab Heavy Motor Vehicles Rules,
1931, and the Punjab Motor Vehicles Plying for Hire Rules,1922.
(b)
The
reporting in Form 21.36(b) of offences under the above-mention ruled and under
the Indian Panel Code to the prosecuting agency of the district concerned with
a view to the prosecution of the offenders.
(c)
The
checking at irregular intervals and on different roads of dangerous driving at
specific places on the roads where furious or dangerous driving is likely to
result in accidents. This shall be done by the watching of specific points on
dangerous portions of the roads and the checking of the speed of cars passing
and their manner of negotiating such places. Motor vehicles moving recklessly,
furiously or in a manner against the rules of the road shall be stopped, their
numbers and the names of the drivers with other particulars noted and the cases
reported for prosecution.
(d)
The
checking of motor vehicles plying for hire on the occasions mentioned in (a)
and (c) above, with a view to ensuring that the conditions of their licenses
with regard to the safety and comfort of passengers have been complied with.
(e)
The
rendering of first aid to the injured and all possible assistance in serious
motoring accidents and the noting of all particulars in such cases when the
patrol should happen to be in the vicinity.
(f)
The
giving of assistance in the instruction of traffic police of smaller districts.
(g)
The
continuous warning and advising of drivers of all kinds of vehicles who may be
observed infringing the rules of the road.
(h)
The
reporting of offences against Municipal or District Board bye-laws in
connection with the overloading of hours-drawn vehicles plying for hire, etc.
(i)
The
reporting of cases of cruelty to animals when Section 34 of Act V of 1861
applies.
(j)
The
organisation, in conjunction with owners, drivers and any of their associations
of methods for the improvement to traffic control and the prevention of
offences.
(k)
The
acquisition of knowledge on all matters connected with traffic an motor vehicle
transport sufficient to enable them to keep in touch with and report on any
innovations, developments or unusual situations within their jurisdiction.
For this purpose it will be necessary for them to
maintain a confidential register by
districts containing notes on the following:---
(1)
Routes
carrying motor vehicle transport.
(2)
The
number of public motor vehicles on each route and their relation to the public
demand
(3)
Unions
and their working.
(4)
Lorry
stands.
(5)
Regular
bus services and their working.
(6)
The
working of any system of monopolies that may be in force.
21.37. Traffic patrols.--Duties of Inspectors of
.--(1) Inspectors in charge of mobile traffic patrols are required to have a
working knowledge of motor mechanics and shall have received training in
traffic control. They shall report all cases notices by them of bad work on the
part of constables on traffic control to the Superintendent of the district
concerned.
(2) They shall submit a daily diary to the Deputy
Inspector-General of Police in Form 21.37(2)(A) and shall maintain a ‘ working
account ‘ in form 21.37(2)(B) on each motor vehicle showing the mileage done
and the petrol and oil consumer with, in each case, a reference to the entry in
the daily diary of Inspector. The repairs carried out to the vehicle shall be
shown in the ‘ Remarks, column.
(3) All bills for petrol, oil and repairs shall be
submitted separately for each vehicle to the Superintendent of Police of the
district on which the petrol is based and, in the case of the Central Range
Patrol, to the Assistant Inspector-General, Traffic. The Superintendent of
Police concerned and the Assistant Inspector-General, Traffic, will check the
bills with the ‘working account’ and the speedometer of the patrol vehicles
before sanctioning payment.
21.38. Range mobile patrols-Co-operation of District
Police.--Each district in which range mobile patrol operate shall place two
constables from the traffic staff at headquarters at the disposal of the
inspector while the latter is within the district. These men may be taken by the
patrol to the headquarters of the next district when necessary, but shall be
returned at once with a note from the officer-in-charge giving the duties performed by them and the
date and time of their release. They shall return to their headquarters by rail
or road as convenient. These men shall be used as far as possible for giving
evidence in cases so as to obviate the necessity of the regular members of the
patrol being taken off the road to attend courts.
APPENDIX
No.21:18(1)
Subjects
to be discussed in the District Criminal Tribes Reports
1.
Mention
the tribes registered in your district under the Criminal Tribes Act (Act III
of 1911).
2.
Remarks
on the general behaviour during the past year of each such tribe and state
whether any of the members are settling down to an hones livelihood. Note if
there are any signs of improvement or the reverse.
3.
With
regard to the absentees shown in column 19 of Statement I, mention whether any
and what facts have been ascertained, indicating the locality to which such
absentees have proceeded.
4.
Mention
the number of members of notified criminal tribes whether exempted or
registered who were convicted of offences under Chapter XVII, Indian Penal
Code, or under the security sections of the Criminal Procedure Code, or under
the Criminal Tribes Act.
Note:- Information under Serial Nos. 2 to 4 above to
be given Separately for each tribe on the order given on column 1 of Statement
1.
5.
Mention
the amount paid during the past year for rewards for the arrest of absentees
under Rule 15.17.
6.
Mention
any special measures taken to enforce responsibility of lambardars and
chaukidars in connection with reporting the presence or absence of members of
criminal tribes.
7.
Mention
in sufficient detail any cases in which inadequate punishments appear to have
been inflicted especially in the cases of re-convicted offenders for certain
specified offences under the Indian Penal Code, punishable under Section. 23 of
the Criminal Tribes Act, III of 1911, with a minimum sentence of 7 year’s
rigorous imprisonment. In this connection it must be remembered that in all
convictions under Section 24 of the Criminal Tribes Act (under which clause the
larger majority of police cases under the Act are dealt with) imprisonment must
be inflicted.
8.
Remarks
on the Finger Print System as applied to members of criminal tribes and the
results obtained therefrom.
9.
Remarks
on the procedure followed in connection with
the control of wandering gangs and others not yet registered under the
Act.
10.
Mention
any other matter deserving the notice, regard being paid to the orders
contained in P.G.C.C. No.3.
APPENDIX No. 21.35(2)
INSTRUCTIONS CONCERNING THE EXAMINATIONS OF SCENES OF
THEFTS AND BURGLARIES AND PARTICULARS REQUIRED TO BE SUBMITTED IN THE CASE OF
ALL SUCH OFFENCES TO THE CENTRAL INVESTIGATION AGENCY.
The scenes of all offences under Chapter 17, Indian
Penal Code shall be most carefully examined as soon as possible, by the
investigating officer who, in cases of theft (except cattle theft) and burglary,
shall attach a site inspection report with the first case diary irrespective of
the fact whether the accused are known, unknown arrested or at large. This site
inspection report on arrival at headquarters shall be passed on without delay
to the Central Investigating Agency.
In the case of offences against property, other than
theft and burglary, no site inspection report need by prepared unless the scene
of the offences presents such peculiarities as make such a report desirable or
unless a report is called for by the officer in charge of the Central
Investigating Agency.
The object of a site inspection report is (a) to
enable other officer who have not been to the spot to visualise the scene (b)
to permit of an intelligent study of the ways and methods of the particular
criminal by the Central Investigating Agency (c) to en-suggest identity of the
accused responsible for the particular case under investigation. Obviously
after a deliberate study of the scene. A list of points that should find
mention in site inspection reports is given below, but the list is by no means
exhaustive and is extended merely as a guide.
A.--Burglaries
of all kinds
1.
Number
of the First Information Report; date; section of the offence; police station
and district.
2.
Time
and date of (a) occurrence, (b) report to the police.
3.
Special
circumstances, if any, concerning the time and date of occurrence (e.g. fair,
festival, or evening meals, etc. etc.).
4.
Place
of occurrence, with distance and direction from (a) police station, (b) railway
station and (c) main road.
5.
Nature
of locality (i.e. dwelling house, office, mosque shop, etc., etc.) and its
relation to the rest of the village or town.
6.
Name,
address, profession and status of the complainant.
7.
Class
of property attached.
8.
Class
of property removed.
9.
Number
of room entered by the accused and whether or not they were occupied at the
time.
10.
Whether
or not property was removed from the particular room to which the accused first
gained admittance.
11.
Any
clue left to indicate whether the accused worked in the dark or by means of a
light.
12.
Particulars
of any belongings of the accused left by him on the spot.
13.
Any
boxes, safes, almirahs, etc. Containing articles of value overlooked by the
accused and not touched by him and if so their locality.
14.
Precautions,
if any, adopted by the accused during the commission of the offence to guard
against surprise (such as chaining of
door, etc.).
15.
When
property removed was last seen at the place from which it was stolen.
16.
Finger-prints:- Description of traces of finger:-prints found, their
exact position and steps taken for their preservation, development, photograph,
transfer, identification, etc.
17.
Foot-Prints.--(1) Number of foot-prints found, (a) leading to the
spot (b) on the spot,(c) leading from the spot and deduction therefrom as to
the number of culprits involved (2) direction from which the accused came and
direction in which they went. (3) Distance to which tracks leading (a) to and
(b) from the scene were followed (4) Measurements (in inches) of individual foot-prints.
(5)Precaution, if any, adopted by the accused to conceal their foot-prints. (6)
Whether moules, etc., taken or not and, in latter case reason for failure to do
so.
18.
Opinion
as to whether accused were expert or amateurs and class of society to which they
belonged and reasons, in support thereof.
19.
Means
of transport, if any, employed by the accused for the removal of property.
20.
Any
other clues or matters of importance requiring mention.
IF ADMITTANCE TO THE HOUSE OBTAINED BY MEANS OF
A HOLE IN THE WALL.
21.
Condition
of the wall (kacha, pacca burnt bricks, stone etc).
22.
The
exact situation of the hold and its relative position, with regard to doors,
windows, ventilators, etc.
23.
Shape
of the hole (illustrate by diagram).
24.
Height
of the base of the hold from the ground (a) outside and (b) inside.
25.
Exact
measurements (in inches) and not in ungals or other such unauthorised
measurements of the hole (a) outside and (b) inside.
26.
Thickness
of the wall where hole made.
27.
Side
to which excavated earth was thrown.
28.
Details of marks left by instrument used and inference
drawn
29.
therefrom
as to the nature of the instrument.
30.
Whether
room in which hole was made was occupied or not at the time.
IF ADMITTANCE WAS OBTAINED BY LOCK BREAKING OR
LOCK
OPENING
31.
Type
of lock broken.
32.
If
opened by key any indication as to whether key used was (a) the original one
and if so how accused obtained possession of it, (b) duplicate, (c) skeleton or
false.
33.
If
lock forced (a) give particulars of marks on it and inference drawn therefrom
as to the instrument used and (b) state if lock is still in working order.
34.
If
lock intact and hasp or chain wrenched out, state the type of instrument that
appears to have been used.
IF ADMITTANCE OBTAINED BY MEANS OF A HOLE IN ROOF
35.
The
construction of the roof (whether kacha, pacca, thatched’ etc., etc.).
36.
Any
indication as to how the accused ascended the roof.
37.
Position
of hole (whether adjoining beam, in one corner, etc., etc.
38.
Whether
room beneath was occupied or not.
39.
Whether
property was removed from the room in which hole was made.
40.
Means
employed by the accused to descend into the room below.
41.
How
earth removed was disposed of and precautions adopted by the accused to prevent
earth from falling into the room below.
42.
Any
other matters of importance requiring special mention.
IF ADMITTANCE OBTAINED BY ANY WAY OTHER THAN THOSE
MENTIONED
ABOVE
43.
How
admittance was gained.
44.
If
admittance gained by closed windows or ventilators, give particulars to
indicate how bars were forced or glasses broken and means adopted by accused
for preventing noise.
45.
If
culprit scaled the wall (a) state means employed (i.e. rope leather, bamboo,
water pipe, etc.) (b) give particulars of marks, if any, let on the wall.
46.
If
admittance gained through a drain give dimensions and position with respect to
the rest of the house.
47.
If
admittance gained through a chimney give similar particulars.
48.
In
case of admittance obtained by deceitful means, threat force, etc., give
details of story told by suspect.
IN THE CASE OF DAY LIGHT BURGLARIES
49.
State
whereabouts of the owner at the time of the commission of offence.
50.
Precautions,
if any, taken by the accused or his associates to divert the attention of
neighbours away from the house attacked.
B.--Thefts of
all kinds
The same particulars as for burglaries, where applicable,
together with a brief report of the facts.
IN
CASE OF PICK-POCKETING
1.
Means
employed by culprit (i.e.) razor, blade, knife etc.)
2.
The
position of the picked pocket (waist-coat, inner pocket of coat, etc.) an its
contents.
3.
Position
of other pockets and contents which were not touched.
4.
Reasons,
if any for believing that the accused had associates.
5.
Means
adopted to distract the attention of the victim.
FORM No. 21.9(1)
PUNJAB POLICE DISTRICT
WEEKLY
DIARY No.1.
For week ending Saturday. 19
Despatched by Superintendent on
Despatched by Deputy Commissioner on
Despatched by Deputy Inspector-General on
Returned by Commissioner
STATEMENT
OF CRIME REPORTED BY “F.I.R.” UPTO WEEK
ENDING
SATURDAY 19
|
|
CASES REPORTED UPTO
DATE
|
DIFFERENCE
|
|
|
 Serial No.
|
Police Station
|
Cases reported during past week
|
19.
|
19.
|
More
|
Less
|
REMARKS
|
|
Total
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
COMPARATIVE STATEMENT OF HEINOUS OFFENCES REPORTED
|
Murders
..
Riots
..
Dakaities
..
Burgalies
..
|
|
|
|
|
|
|
DISPOSAL OF POLICE CASES IN WEEK ENDING 19
|
SENT FOR
TRIAL
|
DECIDED IN COURT
|
|
Cases and
Persons
|
During the
week
|
Pending from
Last week
|
Total
|
Convicted
|
Discharged of
acquitted
|
Pending
|
Pending over one
Month
|
|
Cases ..
Persons ..
|
|
|
|
|
|
|
|
|
Serial No.
|
Subject
|
REMARKS
|
|
|
|
Details of working of preventive sections during the
past week
|
|
|
|
Persons
|
106,107,C.C.P
|
109,C.C.P
|
110, C.C.P.
|
Total
|
|
|
|
Sent for security
Convicted
Discharged
Pending at end of week
Convicted during the year up to date
Convicted on corresponding
Date of pervious year
Number of persons on
Security on date
Number of persons on
Security on corresponding date of
Previous year
|
|
|
|
|
FORM No.21.12(1)
POLICE DEPARTMENT DISTRICT
CONFIDENTIAL
Weekly
Diary No. II for week ending 19
Acknowledgment
of Secret Abstract ..1
Certificate
regarding Cypher Code and Key word ..2
Date 19 Superintendent
of Police
(REVERSE)
POLICE 19 DEPARTMENT
Weekly No.II
DISTRICT
For the week ending 19
Received by Inspector-General on the
FORM No. 21.15(1)
COMPARATIVE STATEMENT OF REPORTED CRIME DURING THE
MONTH AND
FROM
THE 1ST JANUARY 19 TO
THE END OF 19
(To
be attached to superintendent’s first weekly diary in each month.)
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
|
|
|
|
Murders
|
Dakaities
|
Burglaries
|
All Reported Crime
Exclusive of Security Case
|
|
|
Serial No.
|
District
Or
Police
Station
|
Period
(A or B)
|
19
|
19
|
19.
|
19.
|
19.
|
19.
|
19.
|
19.
|
Plus or
Minus
|
Number
Of Persons
On security
Under section 1C.C.P.
|
Number of cases pending in court for over one month
exclusive of security cases
|
Percentage
column 14 bears to total Police cases reported during past month
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
A.--
The figures for the past month.
B.--
The figures for the year upto date, to be written in red ink.
Superintendent or Deputy Inspector-General
Dated
The
FORM No.21.20(2)
POLICE
DEPARTMENT DISTRICT
Report of a fair held at District.
(1) Local Name of fair or assembly
(2) Object of Fair or Assembly
(3) Average daily attendance
(4) Number of days the fair lasts
(5) Noteworthy particulars:-
(6) remarks by District Magistrate and Deputy
Inspector-General to follow:-
Dated the 19 Countersigned
Superintendent
Magistrate of the District
(Bilingual Standard Form)
FORM No. 21.22(4)
POLICE
DEPARTMENT DISTRICT
License No.
District
Free of a fee
WHEREAS have
applied for a license under section 30, Act V of 1861, the following license is
granted.
License for On
the occasion of at On under Section
30 of Act V of 1861 (Police Act).
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
|
Names and description of licensees
|
Period for which the license is valid
|
Place or area for which the license is granted
|
Place and time of commen-cement
|
Place and time of conclusion
|
Route to be followed (to be given in detail)
|
Places and periods of halts, if any
|
Kind of music allowed and the places (if any), where
it would not be played
|
Officer in charge of the procession
|
REMARKS
|
|
|
|
|
|
|
|
|
|
|
|
·
If
there are more licenses, their names, should be entered.
In the remarks column shall be entered all particulars
which it is necessary to prescribe, but
for which a special column is not provided e.g., height of tazias in
Moharram processions.
Dated the 19. Seal. Supdt. of Police
1.
This
license is granted subject to all the provisions f the Police Act (No. V of
1861) and subject to strict observance of all terms and conditions of the
license.
2.
This
licensees and the processionists generally, shall comply with any orders issued
by the magistrate or other Officer in charge of the procession with regard to
--
(a)
the
speed of the procession;
(b)
any
changes of route decided on by the Magistrate or the Officer-in-charge of the
procession; and
(c)
any
orders deemed necessary such as stopping of music, speeches or songs etc., at
specified places.
3.
The
license shall be promptly shown or surrendered on demand by the Magistrate of
Police Officer of and above the rank of Officer-in-charge of the Police Station.
4.
It
shall be subject to cancellation by the Officer who granted it.
5.
The
licensees severally and individually shall be present throughout and shall be
responsible for rendering all assistance in their power to the Police in
maintaining order at the place of the meeting or on the route of the
procession and for compliance by the
members of the meeting or procession with all the conditions of the licese or
any order issued accordance with these conditions of the license or any order
issued in accordance with these conditions. This responsibility rests upon the
licensees whether they happen to be present or not at any particular time or
place during the course of the procession.
6.
Special
conditions (if any).
Certificate
of receipt from licensees.
I/We the undersigned have received this license and
undertake to abide by the conditions therein inserted.
FROM No. 21-35(2) (A)
CASE INDEX CARD.
Head Sub-head Index No. Police Stn. FIR No. Date Law and Sec.
Facts in brief particularly those showing method.
(
Reverse ) (
Reference )
Name and alias Name Index Card No.
Parentage and address Photo album No. Page
Caste and trade or occupation P.R. No.
Description Index Card No.
Deformities and Peculiarities Index Card No.
|
NAME
|
Aliases or Nicknames
|
No.
|
|
Parentage
|
Residence
|
Caste occupation
|
|
|
HEIGHT
|
|
|
Date of birth
|
Ft.
In
|
Build
|
Eyes
|
Hair
|
Complexion
|
Hair on face
|
Description Index No. ____
Deformity Index No. _____
|
|
|
|
|
|
|
|
|
|
Marks and peculiarities
1. C.I. No.
2. C.I. No.
3. C.I. No.
4. C.I. No.
5. C.I. No.
6. C.I. No.
7. C.I. No.
8. C.I. No.
P.R.
No. Photo Vol. Page
(Reserve.)
Method
CRIMINAL HISTORY
FORM No. 21-35(2) (c)
No.
DESCRIPTIVE INDEX CARD
(To be indexed by height and where this is identical
by age and so on)
Height Date of birth
Build Eyes
Hair on head Hair on face
Complexion
Identification marks (scar, etc )
Gait, speech an manner Deformity Card No. (if any
(Reverse)
Dress
Deformities
Name
Parentage
Criminal Index Card No.
Deformity Index Card No.
FORM No. 21-35(2) (D)
DEFORMITY INDEX CARD
Class
Sub-Class
Nature of Deformity
Name Parentage
Residence
Criminal Index Card No.
FORM No 21.35
(To be completed by Investigating Officer and sent to
the Criminal Investigating Agency immediately and arrest is made for offence
under chapter 12 or 17, Indian Penal Code).
1. Police Station
2. F.I.R. No and date
3. Section
4. Name of accused and aliases
5. Parentage
6. Caste
7. Trade or profession
8. Residence (Original/Present)
9. Description Height
Date of birth Build
Eyes Hair
FORM No 21.35(2)(e). - contd.
Complexion
Particulars identification marks
Gait, speech and manner
Dress
Deformities and peculiarities
Habits and weakness
10. Female acquantances
11. Associates in crime
12. Position occupied in the gang and importance
generally as a criminal
13. Receivers with whom he deals
14. Relatives
15. Persons likely to afford him shelter
16. Convictions
17. Suspicions since last arrest
18. Grounds for arrest
19. Remarks regarding his criminal activities and
method
Signature of Investigating Officer.
Date of submission of report
FORM No 21.35(2) (f)
Lost
Stolen
Name of article
Local or Punjabi name
Marks of identity
Date of loss from
whose possession place
Owner’s name and address
Persons suspected (if any), his mode of disposal
Under what circumstance lost (Report at Police
Station)
------------------------------
FORM No 21.35 (2) (g)
Method
PROPERTY CARD
Recovered
Name of article
Local or Punjabi name
Marks of identity
Date of recovery from
whose possession and place
Action taken against possessor
Circumstance under which recovered
Method of disposal
FORM No 21.36(b)
REPORT OF OFFENCE UNDER THE MOTOR VEHICLE ACT
Counterfoil Date
Serial number
Police Station or Post
Cross reference to Intimation Book
District
Police Report or complete to a Magistrate for action
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
|
Name and posting of the officer making the complaint
or report
|
Temporary address of accused
|
Permanent address of accused
|
Whether the accused is in custody, on bail or
recognizat-ion or has been otherwise intimated
|
Date on which the accused is required to attend
court
|
Number of driving license sent with challan or the
driver’s number in the case of tongas
|
Registered number of vehicle
|
Section and rule
|
Brief description of the charge and the
circumstances under which the offence was committed
|
Names and address of any withnesses
|
|
|
|
|
|
|
|
|
|
|
|
FORM No. 21-36. (b). -- Contd.
Forwarded to (Incharge
of the Traffic Staff)
(Signature)
-----------------------------------------
(Station
House Officer)
Forwarded to Magistrate
Prosecuting
Deputy Superintendent of Police
Prosecuting
Inspector of Police
Class through the
Prosecuting
Sub-Inspector of Police
The
accused has the following convictions on record
Signature
(Officer-in-charge
of the Traffic Staff)
Foil
Serial No.
Cross reference to form L. Tem (Police)
Name and posting of the police officer makng the
complaint or report
Name of accused
Temporary address of the accused
Permanent address of the accused
No. of any driving license impounded
Registered number of vehicle
Number of original permit and Regional Transport
Authority by which it was issued
REPORT OF OFFENCE UNDER THE MOTOR VEHICLES ACT
Particulars of the offence with section and rule
Date of forwarding of report
Name of any witnesses Name of any witnesses
Conviction slip
Serial number Date
Result
of Trail
Name of accused
Temporary address of accused
Offence charged
Order of the Court
Signature
Whether the driving license has been suspended, if so,
for what period Whether details of section or Act and Rule
have been enforsed on driving on driving license Returned to
(In
charge of the Traffic Staff)
Signature
Prosecuting
Deputy Superintendent of Police
Prosecuting
Inspector of Police
Prosecuting
Sub-Inspector of Police
Returned to .
The necessary entries have been made in the Traffic Office records.
No.
Name and address of accused
Registration number of vehicle Section and rule
Brief particulars of offence Brief particulars of
offence
Regional Transport Authority by which original permit
was issued
Brief particulars of Magistrate’s order with date
Forwarded to the Regional Transport Authority
Superintendent
of Police
(To
be used in the case of conviction only)
FORM NO. 21-37(2) (A)
Daily Diary of Inspector in charge of Range Mobile
Patrol
|
1. Journeys performed by motor vehicle of patrol
2. Cases reported to district police
3. Cases decided with results
4. Cases in which inadequate sentences have been
imposed or which have been inordinately delayed
5. warnings given to motorists
6. Other duties performed under rule 21-37 including
attendance at court.
|
|
Signature of Inspector
FORM No. 21-37(2) (b)
Motor Lorry Working Account
Driver’s name:---
Lorry No.
Date of Purchase of lorry:---
|
(Col. 1 )
|
(Col. 2 )
|
(Col. 3 to 6)
|
Work Done (Col. 7 to 9)
|
*Recoveries from ndividual when the Lorry is
employed for Private use (Col. 10 to 14 )
|
Materials (Col. 15 to 23)
|
Averge Consumption (Col. 24 to 26)
|
(Col. 27)
|
|
|
Distance
|
|
Material issued to driver
|
Material consumed by driver
|
Balance with the driver
|
|
|
Particulars of orders (if any sanctioning the
journey
|
Date and purpose of Journey
|
Journey Time
3. From
4. To
5. Away
6. Back
|
7 & 8 Millimeter reading
9. No. of Miles traveled
|
10. Date
11. Name of the person from whom recoverable
12. Amount recoverable
13. Amount recovered
14. Number & date of receipt issued in
acknowledgement
|
15. Petrol
16. Mobile oil
17. Grease
|
18. Petrol
19. Mobile oil
20. Grease
|
21. Petrol
22. Mobile oil
23. Grease
|
24. Petrol miles pergallon
25. Mobile oil miles pergallon 26. Grease
|
Remarks
|
|
|
|
|
Before trip after trip
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
* N.B. -- Columns 10 -- 13 may be left blank unless
the lorry is employed for private use.
CHAPTER XXII. -- THE POLICE STATION
22-1. Officer
in charge of police station. -- (1) The office in charge of a police station is
ordinarily a sub-inspector. Within the limits of the police station of the
police station jurisdiction the sub-inspector is primarily responsible for the
effective working, management, good conduct and discipline of the local police,
for the preservation of peace and the prevention and detection of crime. The
due performance of all police duties, the exercise by the police of the powers
granted them by law, the correctness of all registers, records and reports
prepared by them, and the direction, instruction and efficiency of all police
subordinates in the station jurisdiction are matters for which the officer in charge of a police
station is essentially answerable.
(2) It is the duty of the officer in charge
of a police station to acquire detailed and accurate local knowledge, to secure
the whole-hearted co-operation of his zaildars, inamdars, village headmen and
chaukidars, encouraging them to give him information, to assis him in this work
and to rane themselves loyally on the side of the administration. Through them
and his own subordinates he is required to keep a strict watch over all known
bad characters, and he shall communicate all intelligence of moment to his
superiors and to other police stations without delay.
(3) Within the limits of his charge he is
the chief investigating officer, and as such he shall conduct all
investigations in persons, so far as circumstances permit. His responsibility
in this matter must be carefully maintained. Should it be necessary, owing to
the absence of the sub-inspector or any other cause, for a subordinate to
undertake an investigation, the sub-inspector shall satisfy himself by perusing
the case diary and questioning the investigating officer that the investigation
has been fully and properly conducted, shall remedy what is defective, and take
over the investigation as soon as he is free to do so, except in a case
originally investigated by an assistant sub-inspector where he will be guided
by rule.
(4) When present at the police station, he
shall personally supervise the outing work of the station house, and shall be
careful to see that there are no arrears of correspondence and that the account
are correct.
22-2.
Assistant
sub-inspectors. -- (1) One or more assistant sub-inspectors are at attached to
each police station, in proportion to the normal amount of crime registered, as
subordinate investigating officers. An assistant sub-inspector may be a
directly appointed probationer under training, in which case his duties will be
as prescribed in Chapter XIX. In other cases an assistant sub-inspector is the
assistant and deputy of the officer in charge of the police station, who,
without detracting from his own authority r ultimate responsibilities as
described in rule 22-1, may delegates powers and duties generally or
specifically to one or other of his assistant, on the same principles as the
Superintendent of Police delegates authority and duties to gazetted officers
subordinate to him.
(2) An assistant sub-inspector is required to
have approximately the same standard of efficiency in all branches of police
station work, detective, preventive and administrative, as a sub-inspector, but
his responsibilities are less, in that be is not in independent charge, and his
power are subject to the detailed control and supervision of the sub-inspector.
In respect of investigations, the sub-inspector is required to exercise careful
supervision over the work of his assistant sub-inspector, as laid down in rule
22-1, but need not, and should not, normally take in to his own hands an
investigation started by an assistant sub-inspector, except when he finds the
letter’s investigation gravely defective.
22-3. The
station clerk. -- The police station clerk is a literate head constable, who
under the control and supervision of the officer in charge of the police
station, acts as clerk, accountant, record-keeper and custodian of Government
and other property at a police station. He may be assisted by one or more
assistant clerks.
22-4. Duties
as a clerk. -- As clerk of the police station, the station clerk performs the
following duties:---
(a)
He
opens, registers and hands over all correspondence to the office in charge of
the police station or senior officer present and takes his orders for the
disposal of papers. He writes all reports and returns called for by competent
authorities and is responsible that all pending papers are promptly disposed
of.
(b)
Every
morning he brings to the notice of the officer in charge of the station (that
is, senior officer present) all postponed orders and pending papers a awaiting
execution and reply. At morning roll call he records the orders of the same
officer as to the distribution of duties for the day.
(c)
He
writes up the daily diary and other station house registers. He sees that the
file of the Police Gazette is kept up to date and that all orders and notices
contained in it, which concern the staff or the staff or the work of the staff,
are carefully noted and explained to all concerned. He registers all births and
deaths reported at the station by the village wathcmen.
22-5.
Duties
as an accountant.-- As accountant, the station clerk is responsible for the
correctness of the cash book, of the cash balance in hand, and for all accounts
of receipts or expenditure rendered to his superiors. He must, without fail, bring
every item of receipt or expenditure promptly and fully to account. If any
appropriation of public money to purposes for which it was not intended occurs,
or if money shown as expended is not expended, or is expended in a different
way from that shown, he is bound to report the matter at once to the
Superintendent. He will not be allowed to shield himself by pleading the orders
of a superior officer, but will be held responsible for malversations which
would not have been possible if his accounts had accurately represented the
facts. He writes out invoices, and checks and files receipts and other vouchers
for payments made. He prepares the monthly acceptance rolls and accounts of
deductions and stoppages from pay and all travelling allowance and other crimes
of the offices and men of the station concerned, and sees that acquittance
rolls are duly signed and forwarded. The duties and responsibilities of the
station clerk under this rule shall not be delegated to any other member of the
police station staff.
22-6. Duties
as a record-keeper. -- As a record-keeper, the station clerk is responsible
that all registers and other records are safely kept and that they do not
suffer injury from damp, vermin or other cause. He periodically eliminates and
sends to headquarters the record which are no longer required to be maintained
according to rule.
22-7. Duties
as a custodian of property. -- As custodian, the station clerk is responsible
for all Government property, including arms, ammunition, bicycles, articles of
clothing and equipment other than such as are in the personal charge, of
individual officers, and all unclaimed property connected with cases, including
cattle in the pound. He is in direct charge of the store-room and shall keep
the keys thereof and personally superintend all receipts and issues therefrom.
He shall also be responsible for the safe custody and dieting of persons in the
lock-up and shall personally keep the keys thereof.
22-8. Continuous
presence at police station. -- The station clerk’s duties necessitate his
continuous presence at the police station; accordingly he shall not be employed
on investigation work or any other duty involving his absence from the police
station for any long period. If he leaves the station house for any purpose which
is likely to prevent his return within a few minutes on an urgent summons, or
under the provisions of rule 22-42, he shall formally make over charge to the
assistant clerk and shall make an entry in the daily diary. Similarly, on
return to duty, he shall again enter the fact in the daily diary and both
entries shall be signed by the assistant clerk as evidence of his
responsibility during the absence of the station clerk. Under no circumstances
shall the station clerk and the assistant clerk be both absent from the police
station at the same time.
22-9 Literate
police officers. -- Other literate police officers shall be employed under the
general direction of the officer charge of the police station to assist the
clerk in the up-keep of criminal records, and to assist in the investigation of
cases and the collection, recording and dissemination of intelligence.
22-10. Watch of police station. (1) A standing sentry
at police station shall ordinarily not be posted, but at night one of the
constables sleeping at the station shall be told off by the station clerk or
senior officer present to sleep in front of the door of the police station
which shall be securely fastened.
(2) In cases where the lock-up contains
prisoners, or there is valuable property in the store-room (Vide rule 22-18(1))
or animals in the cattle-pound, there shall be a constable on watch, who shall
be posted with special regard to the protection of the lock-up, the store-room
or the cattle pound, as the case may be, and he shall be responsible for its
safe custody. Standing orders describing the duties of the sentry in regard to
the protection of each of these three places shall be framed by the
Superintendent of Police and hung up in the police station office. The officer
in charge of the police station shall read out the appropriate part or parts of
this standing order when allocating duties at roll call \(vide rule 22-11). If
the subsequent arrival of prisoners, valuable property or cattle necessitates
an extension of the duties detailed at roll call, the station order applicable
and shall obtain their signatures or thumb-impressions in the station diary.
(2)
Ordinarily there shall be a police officer, who shall usually be the senior
police officer present at the station house, available and ready in uniform to
receive information and complaints and to afford such assistance as may be
lawful and necessary; and at every post there
shall be at all times one police officer in uniform in charge of the building
and property, but such police officer shall not be expected to do more than
keep on the alert.
22.11 - Roll Calls - At sunrise and at sunset officer
in charge if the police station, i.e., the senior officer present shall fall in
all the police present at the station and hold a roll call. At this roll call
instruction shall be given in respect of all general and special orders which
may have been received from superior authority or which the officer in charge
of the police station may see fit to promulgate, and duties shall be allocated. The police detailed for watch duty
shall be under the orders of the station clerk who shall allot particular hours
of duty to each man and note the times allotted in the daily diary immediately
after the roll call, taking the signature or thumb-impression of each man in
token of his having been informed.
23.12 - Inspection before proceeding on duty - All
officers proceeding on duty shall appear before senior officer presenting at
the station, who satisfy himself that they are correctly turned out and understand
the duties allotted to them and who shall record in the daily diary at entry to
the effect that he has done so, giving
particulars as to the men, the duties
and the time of inspection. This rule is binding on men posted on watch duty
and the entry in the daily diary in their case shall be in addition to the
entry required under rule 22.11 above.
23.13 - Parades - The officer in charge of the police
station is responsible for keeping his proficient in drill and to secure this
end must hold parades as frequently as possible. The small number of men available for parades in a police station is
no bar the giving if much useful instruction.
The following portions of the police Drill Manual
1929, shall be taught at police stations:---
Chapter
I, lecture 6(traffic control)
Chapter IV, Section 3,5, to 7,9,12 to ,21 24 to 34,36
to 57,65 to69,74 75,86 to 90.
Chapter VII, physical training.
Table
Card (a few exercises on each occasion). When
a parade is held, a record, must be made in the daily diary in which
will be incorporated a parade statement and a note of the instruction given.
22-14. The
police station, lock-up. -- The rules in Chapter XXVI for the control of
lock-ups and the custody and care of prisoners shall apply strictly to all
police stations and posts.
22-15. Public property. -- Subject to the orders and
responsibility of the officer in charge of the police station, the station
clerk shall be considered to be in charge of all public property including
money and case property in his station house. Every officer in charge of the
station shall examine the property at least twice a month and shall report in
the following Monday’s diary that he has done so. If property is found to be
incomplete or to be in any wary damaged he shall add to his report the names of
the persons responsible for the loss or damage.
He
shall also see that the property in connection with a case is expeditiously
disposed of according to magisterial orders on the conclusion of the case.
All
property shall be examined by officers in charge of police station on receiving
and handing over charge and by station clerks on relief. All damages and
shortages must then be carefully noted and reported to the Superintendent of
Police.
22-16. Case
property. -- (1) The police shall seize weapons, articles and property in
connection with criminal cases and take charge of property which may be
unclaimed.
(i)
under
the implied authority of Section 170, Code of Criminal Procedure;
(i)
in
the course of searches made in police investigations under Sections, 51, 165
and 166, Code of Criminal Procedure;
(i)
under
Section 153, Code of Criminal Procedure, as regards weights, measures, or
instruments for weighting that are false;
(i)
under
Section 550, Code of Criminal Procedure, as regards property alleged or suspected
to have been stolen : provided that if the property consists of an animal or
animals belonging to Government or to persons of good status it may be made
over to them or to a commissioned or a gazetted officer, under the orders of a
Magistrate, who is empowered to make such an order under Section 523, Criminal
Procedure Code.
(i)
under
Section 550, Code of Criminal Procedure, as regards property found under
circumstances which create suspicion of the commission of an offence; when an
offence in respect of an animal is committed and such animal is not stolen
property such animal shall be seized and send with the case to the Magistrate
having jurisdiction;
(i)
under
Section 25 of the Police Act, as regards unclaimed property;
Ordinarily the police shall not take possession of
moveable property as unclaimed when it is in the possession of an innocent
finder, but in cities and in cantonments the police may, in compliance with an
order issued under Section 26 or 27 of the Police Act, take possession and
dispose of unclaimed property made over to them by innocent finders.
Such property shall be entered in the store-room
register, unless a special register is prescribed for the purpose by the
District Magistrate.
(i)
under
the provisions of Local and Special Laws.
(2) Each weapon,
or article of property not being cattle, seized under the above rule, shall be
marked or labelled with the name of the person from whom, or the place where,
it was seized, and reference to the case diary or other report submitted from
the police station.
If
articles are made up into a parcel, the parcel shall be secured with sealing
wax bearing the seal impression of the responsible officer, and shall be
similarly marked or labelled. Such articles or parcels shall be placed in safe
custody, pending disposal as provided by law or rule.
Cattle
shall be places in the pound and shall
be carefully described in the case diary or other report regarding their
seizure from the police station.
All
expenses for feeding and watering cattle kept in the pound in connection with
cases shall invariably be recovered from the District Magistrate and not from
the complainant.
(3) The
police shall sent to headquarters or to magisterial outposts,---
(a)
all
weapons, articles and property connected
with cases sent for trial;
(b)
suspicious,
in-claimed and other property, when ordered to do so by a competent Magistrate.
(4) Motor
vehicles detained or seized by the police in connection with cases or accidents
shall be produced before a Magistrate after rapid investigation or by means of
in-complete challan. The evidence relating to the identity or condition of the
vehicle should be led and disposed of at an early date, and the Magistrate
should then be invited to exercise the discretion vested in him by Section 516-A, Code of Criminal Procedure, to
order that the vehicle be made over to the owner pending conclusion of the case
on security to be produced whenever demanded by the Court.
22.17. Custody of money.-- All Government
money received in the police station and not disbursed forthwith shall be kept
in a locked box in the store-room.
Whenever
the pound receipts at a police station amount of Rs.50 or over they shall be
forwarded to the sadar or tahsil treasury, whichever may be nearer.
If
large sums are taken under the Cattle Trespass Act, and it is impossible to pay
in such sums immediately tot he sadar or tahsil treasury, they shall be placed
in the locked box in the store-room.
22.18. Custody
of property.--(1) Property exceeding in value of Rs.500, whether appertaining to
cases, or seized on suspicion, or taken as unclaimed, shall be forwarded as
soon as possible to district headquarters for deposit in the treasury in
accordance with Police Rule 27.18(2) or, in the case of property connected with
a case to be tried at an outstation or tahsil, to the tahsil treasury, where it
shall be placed in the tahsil strong-room under charge of the tahsildar.
Large
sums of money or valuable property of any description shall not be entrusted to
police officers below the rank of head constable.
When
property is brought from outstations to headquarters at a time when the
prosecuting inspector and sub-inspectors are engaged in Court duties, the
bearer shall hand it over to the head constable acting as assistant to the
prosecuting inspector under rule 27.14(3) and obtain his receipt in
acknowledgment on the road certificate. When a prosecuting officer is free, the
bearer of the property shall have the road certificate countersigned by him
before his return to his return to his police station.
(2) All
case property and unclaimed property, other than cattle, of which the police
have taken possession shall, if capable of being so treated, be kept in the
store-room. Otherwise the officer in charge of the police station shall make
other suitable arrangements for its safe custody until such time as it can be
dealt with under sub-rule (1) above.
Each
article shall be entered in the store-room register and labelled. The label
shall contain a reference to the entry in the store-room register and a description
of the article itself and, in the case of articles of case property, a
reference to the case number. If several articles are contained in a parcel, a
detail of the articles shall be given on the label and in the store-room
register.
The
officer in charge of the police station shall examine Government and other
property in the store-room at least twice a month and shall make an entry in
the station diary on the Mondey following the examination to the effect that he
has done so.
22.19. Post
office cash safe.--Police office cash safes may be embedded in safe positions
in police stations by arrangement between the Superintendent of Police and the
Superintendent of Post Offices.
The
police department accepts no responsibility for the safe custody of such safes
and Superintendents shall not permit them to be embedded at places where no
safe accommodation exists.
The
work of embedding shall be carried out by the postal department.
22.20. Cattle
Pounds management of.--(1) The management of cattle pounds situated at police
stations shall be undertaken by the police, when the District Magistrate so
requires, provided that the pay of a herdsman and an allowance of not less than
two rupees per mensem for the pound-keeper be paid by the local body, which is
responsible for the up-keep of such pounds.
(2) For
each cattle-pount in charge of the police, an officer on the establishment of
the police station concerned shall be
appointed pound-keeper ex-officio. Such officer shall ordinarily be the
assistant clerk, but, in police stations where the receipts of the pound
normally exceed rupees fifty per mensem, he shal be the station clerk.
(3) The
pound-keeper shall be required to have a through knowledge of the Cattle
Trespass Act (I of 1871); the rules relating to cattle pound contained in the
District Board Account Code (Appendix 22,20), or corresponding rules in force
in respect of Municipal and Cantonment Cattle pounds; Sections 69 and 70 of the
Indian Forest Act (VII of 1878); Section 125 of the Indian Railway Act (IX of
1890) and of these rules. He shall maintain accounts in the forms prescribed in
the rules referred to above, which are obtainable from the local body
concerned, and shall observe those rules in all matters connected with the
management of the pound.
(4) The
pound accounts shall be under the close and constant supervision of the station
clerk (where be is not himself the pound-keeper) and shall be checked at least
once a month by the officer in charge of the police station, who shall certify
accordingly in the station diary and shall countersign the monthly balance of
the account in token of his having satisfied himself (1) that the balance in
hand has been checked.
(2) that
the accounts are on the face of them being properly kept; and (3) that he
signature or initials of the pound-keeper are in their required places. Net
receipts shall be credited at least once a month in the nearest sub-treasury.
(5) Bills
for miscellaneous expenses incurred by the police in connection with cattle
pound, e.g., emergent repairs, cost of locks, ropes, etc., shall be submitted,
as the charges are incurred, to the Superintendent of Police, in form 10.33 (1)
to be dealt with by him as prescribed in Rule 10.109(2).
(6) The
lists of fines and of the rates authorized to be charged for feeding and
watering impounded animals are required to be displayed conspicuously at every
pound. Failure to keep this notice so displayed and legible, and neglect to
water and feed impounded animals to the full extent which the sanctioned rates
permit, are offences under Section 27 of the Cattle Trespass Act and render the
pound-keeper liable, in addition to any other penalty under any other law or
under police rules, to a fine of fifty rupees. This liability falls upon the
pound-keeper and not upon the herdsman.
22.21. Cattle
in the custody of the police.--(1) Cattle seized as suspicious or stolen
property, held by the police by order of a Court under Section 88, Criminal
Procedure Code, or otherwise received into police custody under competent
authority, may be placed in the pound, and shall be fed at the rates prescribed
for impounded cattle. Keepers of pounds which are not in charge of the police
are bound to receive such cattle.
When
there is any risk of an attempt being made unlawfully to remove or to rescue
such cattle, a police guard shall be posted on the pound, or the cattle shall
be removed to such place within or in the immediate vicinity of the police
station precincts as the officer in charge considers most suitable for their
adequate protection.
(2) Entries
in respect of cattle placed in the pound under this rule shall be made in red
ink, and any expenses incurred shall be recovered by means of judicial bills in
from 10.109(1) through the prosecuting
inspector, and shall not be included in the totals of the pount accounts.
22.22 Miscellaneous
provision regarding pounds.--(1) A brief note of the circumstances under which
a seizure was made and animals impounded shall be entered in the “remarks”
column of the register. If any seizure appears to have been illegally made, the
pound-keeper shall take the orders of the officer in charge of the police
station before impounding the animal or animals concerned.
(2) Pound
registers shall be destroyed three years after the date of last entry in them.
(3) Special
attention of all police officers is drawn to Section 19 of the Cattle Trespass
Act, forbidding any purchase by them, directly or indirectly, at a sale held
under the Act.
22.23. Special
procedure in regard to animals of value.--(1) When an animal which is clearly
of more than ordinary value is impounded and the owner cannot be immediately
ascertained, the officer in charge of the police station shall issue special notices, in the form of a copy of
columns 1 to 7 of the pound register, (a) to the Superintendent of Police, (b0
to all adjacent police stations, whether within or without the district, (c) to
the owners or managers of important farms or breeding establishments, and the
officers in charge of veterinary establishments, remount deposit, etc., in the neighbourhood, and take all other
reasonable measures, which the circumstances of the case may suggest, to give
the owner an opportunity of reclaiming his animal. If the animal in question is
branded, the department or private owner, to whom the brand is believed to
belong, shall be informed.
(2) Animals
in respect of which notices as above have been issued shall not be sold till at
least twelve days after the issue of such notices.
22.24. Supervision
by superior officers.-- Officers in charge of police stations hall be held
strictly responsible, in so far as their other duties permit, for ensuring that
the sums recovered on account of feeding charges are actually spent by the
pound-keeper on watering and feeding impounded animals. No exact account of
such expenditure is prescribed, as the conditions for obtaining suitable fodder
vary according to localities and the various kinds of animals. Superintendents
and all inspecting officers are, however, specially enjoined to pay particular
attention to ensuring (a) that rates suitable to the prevailing prices in each
locality are sanctioned; (b) that animals are properly cared for while in the
pound, and that misappropriation by the pound-keeper and herdsman of the
charges levied is prevented. All cases of neglect of animals in the pound shall
be severely punished departmentally, apart from any action with may be takne
under Section 127 of the Act.
22.25. Troops
and encamping ground.--(1) The memorandum of instructions for Collectors and
Deputy Commissioners with regard to troops marching through districts under
their jurisdictions is given in Appendix 22.26.
(2) The
reports made under paragraph 1(vi) of the memorandum shall, if made by a police
officer, be made through the Superintendent of Police, and the District
magistrate of the district concerned.
(3) If,
under the terms of the memorandum, a police officer is not appointed for duty,
the Superintendent of Police may, if he consider it desirable, appoint a police
officer of suitable rank to accompany the troops. His duties shall, however, be
strictly confined to co-operation with the local police in the prevention and
detection of crime. He shall report to the officer in command of the troops and
keep him in formed of the measures adopted.
(4) Officers
in charge of police stations or, in the absence of the officer in charge, the
senior officer available shall also pay their respects to officer commanding
troops on the march through their jurisdiction.
(5) Officers
in charge of police stations, and the headmen and watchmen of villages in the
neighbourhood, shall be held responsible that all possible measures are taken
to render camping ground safe and free from thieves. Bad characters found in
suspicious circumstance in the vicinity shall be dealt with under the
preventive sections of the Code of Criminal Procedure.
(6) Officer
in charge of police stations within the
jurisdiction of which troops are encamped for training shall report to the
officer commanding. They shall make all necessary arrangements to keep the camp
free from thieves but they need not remain in attendance.
22.27. Field
firing by troops.-- When, under arrangements approved by the Deputy
Commissioner concerned, they military authorities conduct field firing or
artillery practices, they are required by military orders, approved by
Government, to provide troops to clear and keep the ground. Police shall not be
supplied for this duty. The police are further forbidden to take any part in
securing the evacuation of villages or confinement of people to their houses in
connection with such practices. Such action, when ordered by the Deputy
Commissioner, shall be carried out by revenue officers and village officials.
(Police Gazette memo No. 5932-23-31.25 of 29th June, 1925).
22.28. Duties
at ferries.--(1) Police officers stationed at ferries shall afford such lawful
assistance as may be necessary to secure obedience to the rules framed under
Act XVII of 1878 for the regulation of traffic and shall prevent the
overloading and overcrowding of ferry boats.
(2) Superior
police officers shall, from time to time, visit ferries and ensure that the
police understand the rules and their duties in relation to them.
22.29. Religious
procession.-- The orders relating to periodical religious processions are
contained in Rule 21.22.
22.30. Dramatic
performance and cinematography display.--(1) Whenever a dramatic performance is
about to take place the officer in charge of the local police station shall be
responsible that all tents, booths and other temporary structures erected for
public performances are inspected before they are opened to the public.
Such
structures must have proper facilities for rapid egress and for the prevention
and extinction of fire, and must be so placed that three is no danger or fire
form adjacent buildings.
(2) If
they arrangements appears to be insufficient, immediate report shall be made to
the senior Magistrate present at the place in question, or in whose
jurisdiction the structures have been erected.
(3) The Superintendent
shall report to the District Magistrate any defects in buildings commonly used
for public performances which are lidly to endanger human life.
(4) The
rules made by the Punjab Government under Section 8(2) (a) and (c) of the
Cinematography Act, 11 of 1918, include the following:---
(i) No
building shall be used for cinematography or other exhibition unless it be
provided with sufficient exists of at least 7 x 5 size.
(ii) Space
for accommodation shall be not less than
100 square feet per 25 persons.
(iii) Fire appliances shall be provided.
(iv) The
cinematography apparatus shall be in an enclosure of substantial construction
made of, or lined internally with fire resisting material. In the case of
buildings used habitually for cinematography or other similar exhibition this
enclosure shall be outside the auditorium.
(v) The
license and plan (of the building) and description or any of them shall be
produced on demand to a police officer of or above the rank of sub-inspector.
(vi) The Superintendent of Police or and
officer deputed in this behalf by him may, at any time, inspect the films which
it is proposed to exhibit.
The
exhibition of any film which has not been licensed for exhibition, or which has
been banned by the local Government, and any breach of the rules above referred
to, shall be brought to the notice of the District Magistrate for action under
Section 6 of the Act.
23.31. Foundlings.--
If a child deserted by parents or guardian is found by a police officer or
brought to a police station by person who is under no legal obligation to
maintain it, and who is unwilling to take care of it, such child shall be cared
for at the police station and brought before the local Magistrate as soon as
possible. The orders of such Magistrate shall be taken as to the disposal of
the child, and any reasonable expenditure, not exceeding four annas per diem
incurred from the permanent advance of the police station for the maintenance
of the child, shall be recovered from the Court. Should the delay in bringing
the child before the local Magistrate amount to more than a few hours,
advantage shall be taken of the existence of any orphanage or other charitable
institution which may be willing to shelter the child until it is finally
disposed of by the Magistrate’s order.
22.32. Soldiers
on shooting permit.--Rules relating to game shooting by British soldiers and to
the grant of shooting passes are contained in Appendix XXXV, Army Regulations,
India, Volume II and are also issued in pamphlet form to all units of the
British Army in India.
Under
these rules, (1) no soldier is permitted to carry firearms for shooting
purposes or join a shooting party without being in possession of an arms
license and a shooting pass (Indian Army Form L-118);(2) on the pass granted to
a shooting party will be endorsed the localities where shooting is forbidden,
(3) all soldiers have received instructions (a) not to shoot within 500 yards
of any village house, temple or enclosure, (b) not to shoot hind, does,
monkeys, dogs, peafowl or pig (except by special permission);(c) not to enter
any village, speak to any Indian woman or child, use any bucket for drawing
water from wells or shoot birds alighting on pipal or other sacred trees.
The
following are the order of the Government of India to the civil and political
authorities in connection with the foregoing rules:---
(i)
The
civil authorities will periodically explain the substance of the rules and
orders in simple language to the inhabitants of all village and tracts where
British soldiers are in the habit of shooting, warning them that soldiers are
on no account to be attacked or molested, and that any such offence will be
severely punished. The inhabitants, therefore will have no excuse for
interfering unwarrantably with members of a shooting party.
(ii)
The
district or political officer will impress on zemindars, headmen, landlords and
police, that they must use their endeavous to prevent disputes with, or the molestation of, any
members of a shooting party, and that complaints are to be reported to the
proper authorities by the villagers, who must to take the law into their own
hands.
(iii)
When
the district or political officer receives notice, under Rule 17 of the
probable visit of a shooting party, he will at once inform the head men and
village police.
(iv)
The
district or political officer will, on the arrival of troops in a civil
district or Indian State, at once inform the oficer commanding such troops of
the prohibited localities, animals and birds and of any special civil rules
pertaining to the district.
(v)
When
a complaint is made by villager against any member of a shooting party the
district or political officer will at once report the matter to the officer
commanding of the soldiers concerned.
(vi)
If
possible, disputes between members of shooting party and villagers will be
investigated by a European Magistrate or Police officer not below the rank of
Superintendent, and such cases will be tried by a district or joint Magistrate.
The officer commanding concerned will be informed by the district officer of
cases not cognizable by the police or where prosecution is not undertaken by
the civil authorities. The officer commanding will thereupon take such action
as may be necessary.
(vii)
The
rules for soldiers provide for the punishment of a corps or detachment, or
district in the event of the offenders, not being discovered. A similar
responsibility may be enforced upon villages where affrays with British
soldiers have occurred, if the villagers generally, or a considerable umber of
them, have made an unwarranted attack upon a shooting party, but the actual
offenders have not been prought to justice. The villagers will be warned that
in all such cases they are liable by law to have extra police quartered upon
them at their own expense.
22.33. Destruction
of snakes and wild animals.-- (1) Under the orders contained in Punjab
Government Consolidated Circular 39 allotments as permanent advances are made
by District Boards to all police stations to enable the officer in charge to
pay the prescribed rewards for killing sakes. These advances will be re-cooped
on the submission, through the
Superintendent of Police, to the District Board, of statements of accounts
showing the name, caste and residence of payees, the amount paid and the number
and description of dead snakes brought in.
(2) The
amounts authorised as rewards are Re.04-() for a cobra and Rc.0-2-0 for a
karait. In the absence of especial local orders no reward is payable for the
killing of any other kind of snake. Officers in charge of police stations are
required to satisfy themselves before making disbursements, that the snake
killed is of a species for which a reward is authorised. To assist in this
every police station has been supplied with a book of coloured plates of the
poisonous snakes common in Punjab; application for the replacement of these
plates should be made, where necessary
to the District Board. Inspecting officers shall check the proper
carrying out of these orders.
(3) The
payment of rewards for killing certain wild animals is also authorised.
Claimants should be required to present themselves with the head and skins of
the animal on account of which a claim is made at the office of the Deputy
Commissioner.
22.34. Destruction
of ownerless dogs.--Under section 109 of the Punjab Municipal Act(III of 1911)
municipal committees have power to order the destruction of any dog or other
animal suffering, or reasonably suspected to the suffering from rabies. They
also have power to issue a standing order for the destruction of all days without
collars found wondering about streets. The police shall not act as agents for
the destruction of such dogs but shall support the authority of any agents
appointed for purpose by the municipal committees.
22.35. Recovery
of dead bodies from canals.-- Under rule 15.16 any persons taking a
corpse out of a canal or river, or causing it to be taken out and delivering it
to a headmen of a village, is entitled to a reward of Rs.10. Such sums shall be
paid at once by officer in charge of police station from the permanent advance
and recovered at once on simple bills from the Superintendent of Police.
22.36. Duties
in connection with epidemic diseases.-- (1) On the appearance of cholera,
plague, small-pox or any other disease in epidemic form, or unusual mortality
amongst rats in any police station jurisdiction, the officer in charge of the
police station shall at once inform the Superintendent of Police, the District
Medical Officer of Health and the Medical Officer of the nearest dispensary.
(2) After
the first report regarding the out-break of cholera, plague, small-pox or other
infectious disease has been made, the watchmen of infected villages shall
continue to make, as long as the villages remain infected, weekly reports at
the police station of the number of cases and deaths; and the officer in charge
of the police station shall transmit this information weekly to the District
Medical Officer of Health.
(3) If and
when an alternative reporting agency has been established, these weekly reports
shall be discontinued, but where required they shall be submitted on stamped
addressed postcards supplied by the Districts Medical Officers of health for
the purpose.
(4) On
receipt of information as in sub-rule (1) the Superintendent of Police shall
also notify the District Medical Officer of Health (or in his absence, the
Civil Surgeon) and shall inform the Inspector General of Police by telegram.
22.37. Additions
and alterations to buildings.--(1) Officers in charge of police stations hall
not permit any additions or alterations to existing buildings without the
previous sanction of the Superintendent of Police.
(2) Orders
relating to the construction of prayer platforms at police stations are
contained in Chapter III.
22.38. Diet
of accused person.- The rules for the provision of diet at police stations to
accused persons and for the recovery of expenses in this connection are
contained in rules 26.27 and 10.109.
22.39. Advance
of diet money to witnesses.-- The rules for the advance at police station of
diet money to witnesses, and for the recovery of such advances are contained in
rule 27.28.
22.40. Charges
of animals connected with cases.-- Complainants in cattle theft cases, or
sureties to whom cattle have been made over for safe custody and production if
and when required during police investigation, shall receive the cost of
maintaining animals connected with the cases. The rate sanctioned for each day
and for each day’s journey are fixed by
the Deputy Commissioner, with the approval of the Provincial Government,
subject to the proviso that the complainant has travelled, or has been detained
in the interests of the case at a place, more than five miles from his home.
Superintendents
of Police shall provide lists showing the rates for each animal and these lists
shall be hung up in the police station office.
Claims
for payment of these charges shall be made in form 22.40. The amount due to a
complainant or to a surety shall be entered in the form and submitted to
district headquarters with the challan or final report in the case. Money shall
be recovered from the allotment for “Rewards to private persons” and remitted
to the police station concerned for prompt payment.
22.41. Kits
of men on casual leave. When an officer proceeds on casual lave from the police
station he shall hand over the Government property in his possession to the
station clerk who shall at once prepare a list of all articles. The kit will be
folded and kept in the store-room. The station clerk is responsible for its
safe custody. When the officer in charge of the police station himself proceeds
on casual leave he shall hand over all Government property for which he is
responsible to the officer appointed to act for him, such property as is not
required by the latter for current use being placed in the store-room.
See
also rule 6.11(3) regarding the disposal of revolvers by officers proceeding on
leave.
22.42. Married
police officer.--(1) Married quarters are provided in most police stations in
accordance with rule 3.19. Officers to whom these quarters are allotted may
sleep in them, provided that they are not on watch or sentry duty or required
to be in the police station building for any reason.
(2) At
police stations where family quarters are provided up to the maximum scale laid
down in rule 3.19 no other police officers shall be allowed to have rented
accommodation elsewhere.
At
police stations where family quarters have not been provided up to the maximum
scale laid down in rule 3.19 the number of officer permitted to occupy quarters
outside the police station shall not exceed such scale.
(3) A list
of married police officers attached to each police station and its subordinate
posts shall be maintained in the police station.
22.43. Despatch
of money, property and prisoners.--(1) Police escorts incharge of money,
property or prisoners, and police officer performing other duties shall
ordinarily travel by rail. For journeys, however, both within and beyond the
sphere of duty between places not connected by rail, or between places connected
by road and rail, where the road journey is the shorter, or the rail journey
although shorter in distance would cause inordinate delay, police officers
below the rank of Inspector may, in cases to be certified as necessary by the
Superintendents of Police, travel by motor omnibus or other road conveyance.
(2) The
cost of such journeys shall be met under the provisions of the Travelling
Allowance Rules. In the case of constables the amount shall be drawn on a
contingent bill and met from the head
Carriage of Constabulary. In the case of other officers it shall be drawn on an
abstract travelling allowance bill, to be supported subsequently by a detailed
bill. The drawing officer shall record on each bill a certificate to the effect
that the journeys were performed in the public interest and that travelling
allowance was admissible in accordance with note I of Exception V in Appendix
E(5) of the Punjab Financial Hand book No.2 (Volume III-Travelling Allowance
Rules).
All
such bills relating to journeys within the sphere of duty (except those for
Carriage of Constabulary) shall be countersigned by the Deputy Inspector
General of Police, who shall among other things satisfy himself that the
drawing officer has not given his certificate as a mere matter of form, but
that the saving of time or other considerations actually justified the
performance of the journey by road in the public interest. Travelling allowance
bills for journeys beyond the sphere of duty will be countersigned by
Superintendents of Police.
(3) Police
officers up to and including the rank of Sub Inspector who travel by motor
omnibus shall be provided with a lorry voucher in from 22.43(3) which shall be
handed over to the owner or conductor. The owner of the motor omnibus will
submit all such vouchers to the Superintendent of Police for payment. Separate
vouchers shall be prepared for constables and for officers of higher ranks. All
lines and police stations are provided with books of voucher forms, adapted for
the carbon copying travel process. Three copies shall be prepared one being
made over to the officer who is to travel, one being submitted to the
Superintendent of Police and the third being retained for record at the police
station. The Superintendent of Police will make payment after checking the
vouchers with the daily diary of the police station concerned and comparing the
dates.
(4) Ordinarily
only the number of seats actually required for the escort and their charges
shall be engaged. Only in the most urgent circumstances shall a whole vehicle
be chartered by any police officer.
(5) Where
under-trial prisoners are conveyed by motor omnibus separate sets of vouchers
shall be prepared for the police escort and for the prisoners. The cost of the
latter will be met from judicial funds
on its presentation by the Prosecuting Inspector to the court concerned.
(6) The
rates to be charged by motor transport companies or private omnibus owners
shall be standardized as far as possible. Wherever possible contracts for the
carriage of constabulary shall be entered into.
Note: The rules as revised will have effect from 25th
July, 1993.
(7) The
lorry voucher books on receipt from the Controller, printing and Stationery
Department, Punjab, shall be entered in the stock register of printed forms as required by Police Rule
11.49, and made over to the Head Clerk who shall be responsible for their safe
custody. He shall keep them in a locked almirahs, the keys of which shall, in
no case, be transferred to any other person, and shall invariably certify the balance in hand when
issues are made. In Police Lines the
voucher books shall be kept in the personals custody of the Lines Officer who shall be responsible for the
issue of vouchers to Police Officers. In Police Stations the voucher books
shall be kept in the personal custody of the Station Clerk, but vouchers shall
issue only under the instructions of the
officer in charge of the Police Station.
22.44. Notices
and notice-boars.--(1) Only such notices as are required by rule or by special
order of the Superintendent of Police to be hung at Polcie stations are to be
so displayed.
(2) Notice-boards
at police stations shall be used solely for the display of police and other
official notices. Public notices by local bodies may be displayed on such
boards with the permission of the officer in charge of the police station, but
their use for private or trade
announcements and advertisements is strictly prohibited.
22.45. Registers.--
The following books shall be maintained at each police station in accordance with
the rules hereinafter prescribed or referred to:---
(1)
The First Information Report and, in certain
station Register of petty Offences.
(2)
The Station Dairy.
(3)
Part I. Standing Order Book.
Part II.
Circular and other orders.
(4)
Register of Absconders and Deserters.
(5)
Register of Correspondence.
(6)
Miscellaneous Register.
(7)
Cattle Pound Register.
(8)
Criminal Tribes Rgister.
(9)
The Village Crime Register.
(10)
The Surveillance Register.
(10)
(A)
Bad Charater Rolls despatched
(10)
(B)
Bad Character recevied.
(11)
Index to History Sheets and Personal Files.
(12)
Register of information sheets despatched.
(A)
Copies
of Information Sheets despatched.
(13)
Minute
Book for Gazetted Officers.
(14)
File
Book of Inspection Reports.
(15)
The
Register of Birth and Deaths.
(16)
Register
of Government Officials and Property.
(17)
Register
of Licenses.
(18)
Receipts
Book of Arms, Ammunition and military store.
(19)
The
Store Room Register.
(20)
Cash
Accounts.
(21)
File
Book of Road Certificates.
(22)
Print
Receipts Books.
(23)
(A) Police Gazette.
(23)(B) Criminal Intelligence Gazette.
(24)
Police Rules.
(25)
Charge
notes of officers in charge of police station.
22.46 - General orders regarding station registers -
(1) No alteration in the form or method of keeping the book and no addition to
their number may be made without the sanction of Inspector General being
previously obtained.
(2)
Every station register shall be paged in English. In the case of all register
except Parts I,II,III and IV of register No (9) and register 10 (B), II and
12(a) this shall be done in the office of the Superintendent before issue to a
police station. No page may be torn out of the station register. Any correction
which it may be necessary to make shall made by a line through the mistake so
as leave the words erased legible and by writing in the corrected words
afterwards or in the margin. A piece of
paper shall not be pasted over a mistake.
(4)
All
entries shall be neatly and clearly written and all corrections shall be
attested by the signature of the officer making them. If words or lines are
omitted from any entry, or if entry is omitted altogether, no interpolation
shall be made. The omission shall be supplied by a fresh entry in the regular
course. English figures alone shall be used in all official papers and
registers.
Note - Seals of
a uniform pattern have provided for each police station and for the office of
Superintendent and Deputy Inspector General and no deviations shall be allowed
from the sanctioned design when seals are renewed from contingencies, or new
seals are produced for additional station.
22.47 - Register No 1 - The orders regarding the
Information Reports Register are contained in rule 24.5 and regarding the petty
Offence Register in rule 24.9.
22.48 - Register No II - The Daily Diary shall be
maintained in accordance with section 44
of the Police Act. It shall be in From 22.48 (1) and shall be maintained by
means of carbon copying process. There shall be two copies. One will remain in
the police station register and the other shall be despatched to a Gazetted
Officer to be designated by the Superintendent of Police or the Superintendent
of Police himself every day at the hours fixed in this behalf.
Shortly before the close of each quarter, books containing the proper
number of pages ensuring the three months shall be issued to police station by
the Superintendent. The Superintendent
shall fix the hours at which station diaries shall be daily closed with
reference to the despatch of the post or messenger.
(2)
All entries in the station diaries shall be made by the officer in charge of the
police station or by the station clerk. Literate officers making a report shall
read the report recorded and append their signature. Every matter recorded in
such diary shall be so recorded as soon as possible; each separate entry shall
be numbered and the hours at which it was made shall commence each such entry.
If the hours at which the information, or otherwise, containing such entries
reaches the police station differs from the hours at which such was made, both
hours shall be stated. As soon as entry has been made in the diary, a line
shall be across the page immediately below it.
(3)
The opening entry day shall be give the name if each person in custody, the
offence of which he is accused, and the date and hours of his arrest, the name
of each accused person at large on boil recognizance the date of his release on
such security.
The
last entry each day shall show (a) the balance of cash in hand as shown in the
cash account, and (b) the balance of the cattle-pound account.
22.49- Matters to be entered in Register No II - The
following matters shall amongst others, be entered:---
(a)
The
number and description of cattle seized in connection with or on suspicion with
a reference to the case or report.
(b)
The
day, hours and purpose of visit to the police station of persons registered
under the Criminal Tribes Act and of convicts released under the Remission
Rules or under section 565, Code of Criminal Procedure, together with the name
of such persons.
(c)
The hours of arrival and departure on duty at
or from a police station of all enrolled police officers or whatever rank,
whether posted at the police station or elsewhere, with a statement of the
nature of their duty. This entry shall be immediately on arrival or prior to
the departure of the officer concerned and shall be attested by the latter
personally by signature or seal.
Note - The Police Station will include all places such
as police Lines and Police Posts where Register No II is maintained.
(d)
Every
police officer of or above rank of head constable, when returned from duty than
an investigation in which case diaries are submitted, shall have an entry made
in the daily diary by the station clerk or his assistant showing the palaces he
has visited and then duties performed by him during his absence from police station.
(e)
All admission to and releases from the cattle
pound with the amounts of fine realised.
(f)
The
hour of receipt and despatch of all communications, property cash, etc., giving
reference to the number in the correspondence register.
Note - The word “communication” shall be taken to
include the reports required by Police Rule 25.57(2)(ii) and Police Rule
27.1(1) (ii) to be sent to panchayats.
(g)
Information
of the commission of non-cognizable offence (rule 24.3) including reports of
enmities likely to lead to a breach of the peace (rule 23.32); visit of
chaukidars to police station (rule 21.3(4)) and demands by the police of one
jurisdiction for assistance in extradition cases from the police of another
jurisdiction (rule 26.10(7) ).
(h)
All arrivals at. Dispatches from the police
station of persons in custody, and all admission to, and removal from, the
police station lock-ups, whether temporary or otherwise, the exact hour being
given in every case.
(i)
The
hours and date of receipt and (separately) of service or execution of each
process; and hour date return made to such process.
(j)
The
report regarding property in the store-room required by rules 22.15 and
22.18(2).
(k)
The
report regarding excess expenditure over permanent advance as required by rule
22.71.
(l)
The
entrance of persons, by permission, into a tahsil after office hours.
(m)
The
deposit in, or removal from, the post office safe in the police station of any
article whatsoever the exact hours being given in every case.
Note :- Every such entry shall contain detail of the
article deposited or removed and shall be signed by the Sub or Branch
Postmaster effecting the deposit or removal.
(n)
A
reference to every information relating to the commission of a cognizable offence, and action is take
under section 157, Code of Criminal
Procedure, the number and date of the first information report submitted.
Note :- In case where the information relates to the
commission of cognizable offence triable
by a Panchayat, mention shall also be made in the Daily Diary of the measure taken
to send a copy of the first information report to the Panchayat concerned as
required by Police Rule 24.5(2).
(o)
In
Monday’s dairy a list shall be given of all papers pending for over a work.
SYNOPSIS
1.
Summoning
of persons to police station.
COMMENTS
1. Summoning of persons to Police Station -
The underlying object of Rules 22.49 and 25.2 of the Punjab Police Rule is that
no citizen should unnecessarily be arrested or dragged to the Police Station
and under the pretext of interrogation be improperly or illegally detained. There is no reason why the
imperative provisions of these rules
pertaining to the issue process and making of entry if that process should not
have been complied with.
If these
rules are duly observed imperative as they are in their nature the device of
deliberately omitting to observe compliance with these rules which police
officers conducting investigation adopt and in this way illegally detain
innocent persons under the excuse of interrogation, would cease to be workable
and the case of illegal detention for investigation purpose are found to be
minimised, if note eliminated. These are
wholesome rules. Their compliance enable
the person sought to be summoned to know
the purpose for which is being summoned. Parshotam Dass vs. State of Punjab,
1971 P.L.R 912=1969 Cur L.J 445
22.50
- Punishment for making false entry - Any police officer who enter or causes to
be entered in the daily dairy which he knows, or has reason to believe, to be
untrue, whether he has or has not been
directed to make such entry by a superior officer, shall ordinarily be
dismissed the service.
A
copy this rule and also a copy of the following certificate shall be affixed to
the cover of the daily dairy in every police station and in lines.
“Certified that this register contains-- leaves in
duplicate. No page should be removed from it. Wrong entries, if any, should be
scored out by means single line and initialled by a Senior Police Officer; in
no case should any such entry be mutilated or rendered illigible nor should
paper be pasted over it.”
22.51 - Destruction of daily diaries - Daily Dairies
may be destroyed two years after the date of last entry.
22.53 - Copies of certain to be sent head constable -
(1) A copy of extract of the relevant portion of every entry in the daily
relation to the arrival or departure report of any police officer posted t or
transferred from . the police station or a post report subordinate thereto.,
shall be sent without delay to the orderly head constable. Copies of the
reports of the deaths, admission to and discharge from hospital of police
officer attached to the police station, or its subordinate posts, shall be
similarly sent.
(2)
All copies required to be made of entries in the daily dairy by this or any
other rule shall be made at the time of original entry by means of the carbon
copying process, as many sheets of paper being inserted under carbon paper as
may be required.
22.53 - Register No I - All standing orders by the
Inspector General, Deputy Inspector General or Superintendent shall be entered
in a book which shall be of the size of a quarter of sheet of country paper.
These standing orders shall be continuous for five years and the file shall be
indexed. These orders will be checked annually in accordance with rule 14.55.
Part II - In each police station an annual file shall
be maintained of all circular and other order issued for the instruction and
guidance of the police and not being standing orders or orders on which a reply
is returned in original. Each paper before
being placed on this file shall receive a register number in the correspondent
register, where the subject and being placed in the file shall be noted. These
files shall be destroyed after two years.
22.54 - Register No Absconders and deserters - In additional
of all proclaimed offenders to be hung up in the and the notice-board of police
station in accordance with rule 23.25, the register of absconders shall be
maintained in the following parts:---
Part
I-- In Form 22.54 (a) containing the names of all absconders in cases
registered in the home police station.
Part
II. -- In Form 22.54(a) containing the names of absconders in cases registered
in other police stations, but resident of or likely to visit the home police
station.
Note . -- All entries regarding residents of the home
police station shall be made in red ink.
Part
III. -- Llist of deserters from the army, in Form 26-16(6)
Part
IV. -- A list in Form 22-54(b) of all absconding members of registered criminal
tribes resident of the police station or who were originally registered at the
police station. In this connection see rule 23-24(3).
As soon as an absconder has been proclaimed under
section 87, Code of Criminal Procedure, his name shall also be entered among
the proclaimed offenders in Part I of Register No. X.
22-55. Register No. V. -- The correspondence register
shall be maintained in two parts in Form 22-55. Each part shall contain 400
pages.
(1) In
part I shall be entered a brief abstract of all reports and orders received in
the police station and of all letters and replies dispatched which are not
entered in any other book.
(2) When any entry is made in the receipt
columns the corresponding dispatch column shall be left blank for the reply and
vice versa.
This
register ia a receipt and dispatch register and is not meant as a record of the
full correspondence received and not meant to be forwarded or returned shall be
filed in monthly files. These shall be destroyed after two year.
(3) In Part II the receipt and return of
processes shall be entered.
Processes include:---
(a)
Summonses
to appear or to produce.
(b)
Warrants
of arrests.
(c)
Search
warrants.
(d)
Orders
of proclamation, attachment, injunction or otherwise under sections 87, 88, 95,
99, 133, 140, 143, 144 and 145, Code of Criminal procedure.
Warrants in all non-cognizable criminal cases and
summonses in non-cognizable criminal cases in which Government is the
complainant are served through the police.
On
the last day in each month a statement giving the following information shall
be entered in the daily diary and sidelined in red ink:---
(a) The number of warrants remaining
un-executed at the end of the previous month, received and executed during the
current month and remaining unexecuted at the end of it.
(b) Similar information regarding summonses
in cognizable and non-cognizable cases.
(c) Similar information regarding other
processes.
At the end of the year any statistics required shall
be compiled from such entries in the daily diary.
22-56. Register
No. VI. -- This register shall be divided into four parts.
Part
I. -- List of character rolls of applicants for Government service verified by
the police in Form 22-56.(1).
Part
II. -- List of persons on security in form 27-16(6).
Note. -- Particulars of arrest under section 109, Code
of Criminal Procedure, of persons who are residents of another police station
shall be entered in red ink and given a separate serial number, the form being
completed when the result of the case is intimated by the prosecuting agency.
Part
III. -- Carbon copies of all reports submitted for action under the Indian
Penal Code and Criminal Procedure Code or local and special laws such as
prosecutions under section 182, Indian Panel Code, preventive security under
the Criminal Procedure Code or action against village officials under the
Punjab Laws Act when no first information report or charge-sheet is submitted.
Part
IV. -- carbon copies of reports of investigation in to accidental deaths of
human beings in which forms 25-035(1) A, B and C, are submitted. A yearly index
will be maintained for this part.
This register may be destroyed seven years after the
date of the last entry.
22-57. Register
No. VII. -- (1) The cattle pound register is printed and supplied by the local
bodies concerned and is divided into two parts:---
Part
I. -- The register of impounded cattle.
Part
II. -- The cash account.
(2) A book of receipts is also supplied to
the pound-keeper who shall give a receipt to ever seizure or to his agent who
brings cattle to the pound.
The instructions
contained in rule 22-20 and in the extracts from the District Board Account
Code, 1926, Appendix 22-20, shall be strictly followed in maintaining these
registers.
22-58.
Register Nos. VIII (A) and (B). --
Register VIII (A) - Adult Criminal Tribes Register. - This register shall be
maintained in Form 22-58(A) for all adult members of criminal tribes whose
registration has been ordered under section 4 of Act VI of 1924. In the cases
of those members concerning whom a further notification has issued under
section 10 of the Act, a note to this effect will be entered in column 10 of
the form, Column 7 will be left blank except in the case of those persons whose
restriction has been ordered under section 11 of the Act. As history sheets are
not usually maintained for registered members of criminal tribes it is
essential that as much information as possible concerning each member should be
mentioned in column 10.
The
register shall be maintained in as many parts as there are tribes and further
sub-divided into sub-parts according to residence under rule 23-28. Care must
be taken to allow a sufficient number of blank sheets at the end of each
sub-part for persons whose registration may have to be effected after the
preparation of the register has been completed.
Register
VIII-B - Register of male children of members of criminal tribes.- This
register shall be maintained by tribes in Form 22-58(B) for male children under
12 years in the case of wandering tribes and under 18 years in the case of
settled tribes notified as criminal under section 3 of Act VI of 1924. Sons of
both exempted and registered members of criminal tribes shall be entered in
this register as soon as their birth is reported and intimation sent to the
Superintendent of Police at headquarters to enable an entry also to be made in
the male juveniles register maintained in English in Form 22-58(C), in the
District Police Office.
Officers
in charge of the police stations will report to the Superintendent particulars
of male children who attain the age of 12 years in the case of wandering tribes
and 18 years in the case of settled tribes with a view to their registration
and entry in the Adult Criminal Tribes Register. Such registration shall not,
however, be carried out in the case of privileged persons as defined in rule 4
of the rules made under the Criminal Tribes Act (VI of 1924).
22-59. Register
No. IX. the Village Crime Register. -- (1) This register shall be maintained in
five parts as follows:---
Part
I. -- Notes on the village community containing the particulars required by
Form 22-59(1)A.
Part
II. -- The crime register, in Form 22-59(1) B. Cognizable cases decided by
Panchayat shall be entered in Parts II and IV of this register as cases dealt
with direct by magistrates.
Part
III-A-A. -- Cases traced to the village
in Form 22-59(1)C.
The
term “cases traced to the village,” as used above,, shall be held to include
only cognizable cases under Chapter XVII, Indian Penal Code, in which strong
suspicion rested on any resident of the village whether the case of occurred in
the village itself or not. When a case under Chapter XVII remains untraced or
fails in court the necessary entry in this register should never be omitted.
Information Sheets, Book XII-A [(Form 23-17(3)] will also provide valuable
material for making this important register complete. In combination with the
conviction register it should be used as an index to the criminals of the
ilaqa. A separates entry shall be made for each suspect with a separate serial
number. When a person is again suspected, the fresh entry shall bear the same
serial number as the previous suspicion and the number of suspicion shall be
entered below it in the form of a fraction similar to the system of numbering
used in Part V of Register No. IX.
Part III-A-- Visits to the village of persons of
doubtful character, i.e.---
(i) persons
whose history sheets are on record on Bundle A.
(ii) persons
established through information sheets (strangers’ roll) to be doubtful
character either by reason of having been suspected of convicted of offences in
respect of which entries are required to be made in Part III or Part V of their
home police station or for other adequate reasons.
(iii) persons
arrested in the village under section 55/109, C.P.C. Provided that no entry
shall be made unless the persons concerned are placed on security.
Note. -- This provision will not apply in cases where
particulars of the person concerned would otherwise normally be entered by
virtue of (i) and (ii) above.
Part
IV. -- Notes on crime in the village (confidential) in Form 22-59(1)D.
Part
V.-- The Conviction Register, in Form
22-59(1) E.
Note.
-- Before proceeding to the scene of an offence investigating Officers should
take down in a note-book all the information from parts II, III and III-A of
the village Crime Register which is likely to be of assistance to them in their
investigation.
(2) Parts I, II, III and III-A shall be
loosely bound together in a cover of standard pattern for each village or group
of village. When a group of closely allied villages is combined in one volume,
separate pages in each part shall be allotted to each village.
The prescribed cover for the village crime note-book
is obtainable from the Controller, Printing and Stationery Department, Punjab.
(3) An alphabetical list of all convicts
belonging to any town or village sha bound up with Parts I to III of the
village crime register concerned and shall be kept up-to-date from the
conviction register.
(4) Each part in each volume shall be paged.
The cover shall bear clearly on the outside the name of the village or villages
to which it relates.
The
binding edges of the pages and of the cover shall be punched with two eyelet
holes before issue from the office of the Superintendent of Police and tape
shall be provided, so that the volumes may be neatly kept at all times, but may
be easily opened for the insertion of extra pages where necessary. Additional
pages shall be given the same number as the page they follow and distinguished
by consecutive letters of the alphabet.
(5) Part IV shall be kept in separate
volumes corresponding to the volumes of Parts I to III, but shall be treated as
confidential and shall remain in the personal custody of the officer in charge
of the police station.
Matters
to be entered are detailed in rule 23-15.
(6) The whole of the Village Crime Register
Parts I to V, is an unpublished official record relating to affairs of State
and is privileged under section 123, Indian Evidence Act, No part of the
register may be shown to, nor may any copy or extract therefrom or any
information derived therefrom be given to any person not entitled by his
official position to obtain such information.
22-60. The conviction register. -- (1) Part V of the
Village Crime Register shall be maintained as a separate register, in volumes
of not more than 100 pages each, known as the Conviction Register. Entries
shall be made by the officer in charge of the police station personally or,
under his special or general orders, by such one of his subordinates as writes
the best hand. Entries in this register shall be confined to the offences
mentioned in rule 27-29.
(2) The conviction register is a permanent
record of the crime and criminals of each village and of previous convictions,
and is to a great extent the basis for the preparation of history sheets and other
measures of surveillance.
(3) On the first page of each volume of the
register shall be entered in alphabetical order a list of the towns and
villages of the jurisdiction, the conviction record of which are contained in
such volume. The serial number of each town and village shall be entered to the
left and a reference to the pages allotted to it to the right. At the end of
the last volume of the register pages shall be allotted for the names of
convicts, whose residence cannot be traced or who are residents of places
outside British India, but who commonly frequent the jurisdiction of the police
station. So far as may be possible every conviction required to be entered in
the register shall be entered in the pages allotted to the town or village in
which he convict ordinarily resides.
In
all cases of conviction in an offence on the railways the letter “R” in red ink
shall be entered in the remarks column of the entry in the conviction register.
Information regarding the conviction shall also be sent by the Superintendent
of Police to the Assistant Inspector General, Government Railway Police, for
the use of the railway police Central Investigation Agency. All subsequent
convictions of the offender shall also be communicated to the Agency which will
in turn communicate the information to the railway police sub-inspector charged
with surveillance work and the maintenance of the original history sheet of the
criminal.
(4) When two or more offenders are jointly
convicted of committing one and the same offence and hen there is reason to
believe that they acted in concert, cross reference shall be inserted in the
remarks column of the register, drawing attention to the fact.
(5) When a convict has been classed “P. R.”
under the rules in the Police Finger Print Bureau Manual the letters “P. R.”
and a general description of the convict, giving age, colour of hair and eyes,
marks, scars, peculiarities of speech and gail, as endorsed on his “P. R.”
slip, shall be entered in column 3.
(6) When a person is reconvicted, the fresh
entry shall bear the same serial number in column I as the previous
convictions, and the number of the conviction shall be entered below it, in the
form of a fraction, e.g., 16/3 signifies the third conviction of the person
originally entered at serial number 16. The serial number allotted to a convict
shall be a permanent one, just as a constabulary number is permanent. In the
remarks column (column 11) of each re-conviction entry shall be entered
references to the number, offence and page of entry of previous convictions.
Illustration.
When the reconviction of a person having
six previous convictions is made, the entry in column 11 shall be of the
following nature -- “379-1/3;457-3 and 6/3 and 9; 110 Code of Criminal
Procedure 2 and 4/3 - XI/78x5/8”. Here the first figure refers to the nature of
the offence the numerator to the serial number of the conviction, and the
denominator to the page of the register.
(7) Each
entry shall be signed by the officer in charge of the police station personally
the conviction slip being retained till this has been done. At every inspection
of a police station by a gazetted officer, the conviction register shall be
produced and the inspecting officer shall attest every entry made since the
last inspection, recording orders in column 11 regarding any action, such as
the opening of a history sheet, which he may require to be taken. The
inspecting officer shall also assure himself that orders given at previous
inspections have been complied with, and shall erase or transfer the names
convicts, who are shown to his satisfaction to have died or permanently changed
their residence. When the name of a deceased convict is erased, a reference
shall, if possible, be given to the entry regarding his death in register No.
XV.
22-61. Registers
Nos. X, X(A) and X(B). -- The surveillance register shall be maintained in
accordance with the orders contained in rules 23-4, 23-5 and 23-16. Registers
Nos. X(A), and (B) shall be destroyed two years after the dates of last
entries.
22-62. Register
No. XI.-- An index to history sheets and personal files will be maintained in
forms 23-14(1)-A and 23-14(1) B.
22-63. Registers
Nos. XII and XII (A). -- The registers of information sheets shall be
maintained in the form and subject to the orders contained in rule 23-17.
These
registers shall be destroyed seven years after the dispatch or receipt of the
last sheet.
22-64.
Register No. XIII Minute Book for gazetted Officers:- (1) This is a blank book
of foolscap size in which shall be entered the dates of all inspections and any
matters requiring the attention of the officer in charge of the police station
which have not been entered in the inspection report. Inspecting officers shall
satisfy themselves that old volumes of this register, which form a valuable
record of the past history of the police station, are intact.
(2)
Notes should be made in this register of matters permanently affecting the
conditions of the police station, e.g., changes in police station or jail
boundaries, imposition and removal of additional police posts; construction of
new buildings, etc.
(3)
The register is a confidential and privileged record; with the exception of
gazetted police officers, no one except the District Magistrate, and a
Sub-Divisional Officer specifically authorised under rule 1.20, may enter
remarks in it or examine it.
22-65.
No. XIV-file book of inspection reports:- A file book shall be maintained for
the record of gazetted officers inspection reports, Covers of standard pattern,
in which reports can be kept without risk of damage, are obtainable through the
annual indent for departmental forms (vide rule 11.42). An index of inspection
reports shall be maintained on the inside of the front cover.
22-66.
Register No. XVI. Vital Statistics:- (1) These registers are provided by
District Boards and Municipal Committees and are compiled from the figures
recorded in the registers of vital statistics which are supplied to village
watchmen who bring their registers for inspection to the police station at
prescribed intervals. The registers supplied to village watchmen are also
provided by local on application by the police.
(2)
Copies of the death register and abstracts of the information contained in the
birth register shall be submitted fortnightly in prescribed form by each police
station to the Superintendent who shall counter-sign such copies of abstracts
and forward them to the Civil Surgeon.
(3)
All entries in the registers and in such copies and abstracts relating to
deaths from cholera or plague shall be made in red ink.
(4)
The vital statistics of each town containing 3,000 or more inhabitants shall be
recorded and reported separately under the name of the town.
(5)
Birth and death registers shall be retained at the police station for one year
after the date of the last entry and shall then be sent to the Civil Surgeon
for record.
Village
registers of vital statistics shall be retained by village watchmen for two
years after the date of the last entry and shall then be sent to the police
station for transmission to the Civil Surgeon for record.
(6)
Police station clerks, who maintain the registers of vital statistics, shall be
granted an allowance of Re. 1 per mensem.
(7)If
there is reason to believe that a village watchman is neglecting to report the
births and deaths of his village correctly, the officer-in-charge of the police
station shall take steps to find out if he has been guilty of negligence and,
if so, shall report the matter to the District Magistrate through the
Superintendent.
(8)
Further instructions regarding vital statistics are contained in the Punjab
Medical Manual.
22-67. Register
No. XVI.- This register shall contain 200 pages which will be divided into four
parts as follows:---
Part
I--List of village watchmen in the station jurisdiction, with the days fixed
for their attendance at the police station, in form 22.67(a).
Part
II--List of police officers attached to the police station with the dates of their
appointment and transfer, in Form 22.67(b).
Part
III.-- Register of all Government property in use at the police station in form
5.16(1). A printed list of the various kinds of articles supplied to police
stations will be sent out to all police stations before the 15th
March and 15th September. This list will be completed (as regards
the numbers of each article on charge ) from the balances in Part III of this
register and will be submitted every half-year to the Reserve Inspector or
Lines Officer before the 31st March and 30th September.
Anote will be attached explining all changes from the list last submitted
quoting the dates of and the authority for all receipts, transfers, destruction
or other disposal of property.
Part
IV.-- List of all land in the police station jurisdiction which is Government
property in the possession of the police in accordance with rule 3.3(2). The
dimension, area, locality, boundaries and boundary pillars of any place of
worship or praying platform situated on police land shall be entered in the
register. Such entries must correspond with the permanent record maintained at
headquarters under rule 3.3(2).
22-68. Register
No. XVII.-(1) This register shall be
maintained in separate parts as follows:---
Part
1.-- List of Arms Act Licenses; sub-divided into five parts, in Forms
22.68(a)(2), (a)(3), (a)(4) and (a)(5) in the Kangra District, a sixth part in
form 22.68(a)(6) shall also be maintained.
Part
II.-- List of licenses under the Excise Laws in Form 22.68(b).
Part
III.-- List of licenses under the Explosive Act in Form 22.68(c).
Part
IV.-- List of licenses under the Petroleum Act in Form 22.68(d).
Part
V.-- List of licenses under the Poisons Act, in Form 22.68(e).
Part
VI.-- List of sarais registered under the Sarais Act, Laws in Form 22.68(f).
Parts I to V, except form 22.68(a)(4), may be
destroyed one year after the expiration of the period for which the licenses
were granted.
When the existing Part VI is filled up, all
uncancelled entries shall be transcribed in a new register and the old one
destroyed.
(2)
Powers and duties of police officers under the Acts mentioned in sub-rule (1)
are given in Appendix 22.68(2).
22-69. Register
No. XVIII.-A receipt book in Form 22.69 shall be maintained in which shall be
entered a descriptive list in triplicate of all arms ammunition or military
stores deposited in, or seized and brought to, the police station when such
seizure is not otherwise reported. The form shall be made out by the carbon
copying process. One copy shall be affixed to the weapon or articles, and the
duplicate shall be given to the depositor.
This
book shall be destroyed five years after the date of the last entry.
22-70. Register
No. XIX:- This register shall be maintained in Form 22.70 With the exception of
articles already included in register No. XVI every article placed in the
store-room shall be entered in this register and the removal of any such
article shall me noted in the appropriate column.
22-71. Register No. XX. Accounts.-- This register
shall be maintained in forms 10.52(a) and(b).
(1) A
cash account shall be kept of all receipts and expenditure other than those in
connection with the cattle-pount. This account shall be kept separately in two
parts as follows:---
(a) Other
moneys, such as receipt and disbursement of pay, travelling allowance, etc.
(b) Permanent advance.
(2) The account shall be balanced daily at the time
fixed for the daily diary to close.
(3) At
the end of the month any expenditure from been pending for over a month, shall
be specially the permanent advance, the recovery of which has detailed.
(4) If
the permanent advance becomes exhausted and further expenditure has to be
incurred, the minus balance shall be shown in red ink. Such minus balance shall
be diaries are specially brought to their notice so that prompt measures may be
taken to place the account in credit and to deal with those responsible for
delay in the refund of advances.
(5) The
purpose and principles of permanent advances are detailed in rule 10-105.
The method or recovery of expenditure on
account of diet money, etc., is given in rule 26-27 and 27-28.
(6) The officer-in-charge of the police
station shall personally check the correctness of the cash account once a month
and certify over his own signature in the register that he has done so.
22-72. Register
No. XXI:- A bound book of road certificates in form 10-17 containing sufficient
certificates in duplicate to last for three months, shall be issued to each
police station as required.
Each certificate, both office copy and
duplicate, shall be given an annual serial number for each police station and,
when returned receipted, the copy issued or the receipt in lieu thereof shall
be pasted on to the place from which the copy issued was taken.
Each book shall be destroyed when the last
certificate therein is three years old.
22-73. Register
No. XXII:- (1) Printed receipt books in form 10-14(1) each containing 100
receipt forms in duplicate shall be issued to each police station.
(2) The pages of such books shall have printed
serial numbers office copies and duplicates having the same numbers and only
one such book shall be in use at a time.
(3) It shall be the duty of the station
clerk to count and stamp with station seal the receipts in the book before
bringing it into use. Any receipt missing or bearing a wrong printed page
number shall, before the book is brought into use, be brought to the notice of
the officer in charge of the police station and a report entered in the daily
diary.
(4) “For
all sums of money received in a police station, whether in cash or otherwise on
any account whatever, a receipt from this book shall be issued to the remitting
party under the signature of the officer in charge of the police station or the
station clerk. The officer signing the receipt shall satisfy himself that
necessary entry has been made in the cash account which shall be duly attested
under his initials at the same time.
(5) The road certificate, if any, received
with the money, shall be pasted in place of the receipt issued in the
receiving, police station. The receipt issued in lieu therof shall be pasted in
the remitting office in place of the road certificate issued.
Note:- A road
certificate is only an acknowledgement and not a receipt (rule 10-14(4) ).
22-74. Register
No. XX111:- The Police Gazette and the
Criminal Intelligence Gazette will be neatly filed in cardboard covers
immediately on receipt. All orders contained in the Gazette, affecting the
officers of the police station as a whole or any individual officer, shall be
announced at the first roll-call held after the receipt of the Gazette. vide
rule 22-11.
Gazetted
officers will see at inspections that these rules are carefully followed and
that all orders, etc. in the Gazette are properly dealt with.
22-75. Register
No. XXIV.- All copies of Police Rules must be kept up-to-date and gazetted
officers shall see that this is done as soon as correction slip are received
from the press.
22-76. Register
No. XXV.- A blank register of foolscape size shall be maintained in every
police station, in which the officer in charge of the police station, on
handing over charge on permanent transfer, shall record a confidential charge
note for the assistance of his successor. This note should not recapitulate
matter which is already on record in Part IV
of the village crime register or
in other registers of the police station, but should deal with miscellaneous
local information, which the outgoing officer has gathered during his stay in
the jurisdiction, and which would be lost to his successor if not recorded.
Matters
which may suitably be mentioned in these charge notes are,---
(a) the character and capacity of members of
the staff of the police station, including notes of constables who are
specially useful for particular types of work;
(b) residents of the jurisdiction who are
useful to the police as informers or helpers and others who are particularly to
be guarded against;
(c) directions in which co-operation with
other police stations is specially necessary owing to the habits of the
criminals of one or the other jurisdiction;
(d) special factors affecting crime such as
seasonal immigrations of labour local customs or superstitions, etc.;
(e) matters of temporary importance, such as
serious cases under investigation, preventive action pending, or important
orders under compliance.
This
list is not intended to be exhaustive, the object of confidential charge notes
is that miscellaneous information, which the experience of successive officers
accumulates, and which would not otherwise come on to record, should be
available to new comers.
22.77.Station clerk as officer in charge
of police station.-- In the absence of senior officers, the station clerk id
frequently called upon to act as officer in charge of the police station. He
must therefore, be fully acquainted with all the powers, responsibilities and
duties of that officer as laid down in the law and in Police Rules. The most
important of these and the most important of the other duties devolving on the
station clerk and not already detailed in this chapter are,---
(1)
registration
of cognizable cases and action subsequent to registration- Rule 24.1;
(2)
recording
of complaints in non-cognizable cases - Rule 24.3;
(3)
dispatch
of special reports - Rule 24.12;
(4)
disposal
and completion of case files and completion of registers on the passing of
orders in cases - Rule 27.29;
(5)
carrying
out arrests - Rule 26.8;
(6)
granting
of bail - Rule 26.21;
(7)
submitting
applications for remands to police custody - Rule 26.25(2);
(8)
patrolling
at rural stations - Rule 23.1;
(9)
issuing
orders on the use of handcuffs - Rule 26.23.
In all these matters the station clerk
will be guided by the rules referred to and connected law.
22.78. Visits of chaukidars to police
station.-- (1) The visit of village watchmen to police stations mentioned in
rule 23.3(4) shall be so arranged that while no inconvenience is caused to the
watchmen concerned they shall arrive at the police station on different days as
far as possible. Opportunity shall be taken of these visits by the police
station staff to obtain local information of occurrences in village, to
disseminate intelligence relating to crime, absconders, etc., and to impart
instruction as to the action required by village officials on the occurrence of
crime , etc.
(2) Officers in charge of police station
will be held responsible that village watchmen on their periodical visits to
the police station are not detained, and that their services are not utilized
in improper ways. Any disobedience of these orders must be severely dealt with
and gazetted officers should, by personal enquiry when on tour,ensure that
these instruction are strictly complied with.
22.79. Orders regarding notices.-- (1)
When it is considered necessary to record or communicate to other police
stations information regarding unidentified corpses,missing persons, unclaimed,
lost or stolen cattle or other property, notices in the forms given below shall
be prepared by the carbon copying process and dispatched to the Central
Investigation Agency at headquarters and to such police stations as the officer
in charge of the police station thinks fit, care being taken that only properly
easy of identification is included:---
(a)
Unidentified
corposes - Form 22.79(1)(a).
(b)
Missing
persons - Form 22.79(1)(b).
(c)
Unclaimed
properly, including cattle - Form 22.79(1)(c).
(d)
Property
lost or stolen including cattle - Form 22.79(1)(d).
(2)If the matter is urgent the necessary
copies shall be made at and dispatched direct from the police station,
otherwise notices shall be submitted to the Central investigating Agency at
headquarters where the required number of copies shall be made by means of
duplicating process and dispatched without delay to such police stations or
posts as the submitting officer may recommend, and also, in exceptional cases
where such a course is likely to prove effective, to the office of the
Assistant Inspector General, Crime and Criminal Tribes, for publication in the
Criminal Intelligence Gazette. In addition, in all important cases, the
information should be communicated to the chaukidars visiting the police
station with a view to its circulation throughout the jurisdiction of the
police station.
(3) Office copies of the notices referred
to shall be kept and these, as well as the notices received from other police
stations,shall, respectively, be given an annual serial number under each class
separately and filed for seven years in two bundles,one containing notices of
the home police station and the other those received from other police station.
(4) Notices shall be compared with a view
to tracing missing persons, owners of unclaimed property, establishing identity
of unidentified corpses, etc., and results noted in the column of remarks.
(5)
In
the case of similar notices received from other districts or provinces,Superintendents
shall exercise their discretion as to the police stations to which they should
be circulated and the necessary number of copies shall be made in their own
offices if duplicate copies are not received from the forwarding district.
APPENDIX 20.20
EXTRACTS FROM THE DISTRICT BOARD ACCOUNT CODE, 1926
60. Pound Register to be maintained. - On the
admission of an animal to a pound, the pound-keeper shall fill up columns 1 to
8 a pound Register to be maintained in From in 42, taking the signature or
thumb mark of the person impounding the animal in column 7, and shall then issue a receipt for the impounded
animal in Form 43.
(2)
If more than one animal is admitted at a time, each animal shall be entered on
a separate line in the pound Register.
61. Procedure of release of animal pound . - When the
owner of an impounded animal or his agent appears to demand the release of his
animal the pound-keeper shall make the necessary entries in column 9 to 16 of
the Pound Register (Form 42) and fill up a Release Pass, with its counterfoil
in Form 44; he shall then demand the fines and charges due on account of the
impounded animal, and on their receipt shall take the signature or thumb mark
of the owner or his agent in column 20 of the Pound Register and the signature
or thumb mark of some person who can identify the person claiming the animal as
the owner thereof or his agent in column 21 and shall then release the
impounded animal.
(2) The progressive total of the sums
received shall be entered at the foot of each counterfoil of the Release Passes
at the time when the counterfoil is filled up and the pass issued, and the
entering of the totals shall not be deferred till the end of the day.
62. Sales
to be conducted under supervision. -- When a pound is directly managed by the
Board, every sale of impounded animals shall be conducted under the direct
supervision of the secretary or of a member of the Board, or such other person
as the Board may appoint in this behalf or, with the consent of the District Magistrate,
a responsible Government official.
63. Pound-keeper
to attend sales unless exemted. -- The pound-keeper shall attend every sale of
impounded animals, unless exempt from such attendance by general or special
order of the Board on the ground that his absence would prejudice his other
duties; he shall take with him Pound Register and his counterfoil book of
receipts for the purchasers of impounded animals sold to be kept in Form 45.
64. Memorandum
to be sent to pound-keeper if not present at sale. -- When under the provisions
of rule 63 if the pound-keeper does not attend a sale, the officer conducting
the sale shall send the sale-proceeds to the pound-keeper with a memorandum
showing:---
(a)
number
and description of animals sold;
(b)
date
on which sold;
(c)
name
and address of the purchaser;
(d)
amount
for which sold; and
(e)
number
of animals, if any, returned unsold.
65. Receipt
to be issued to purchaser of animals. --
When impounded animals are sold, the pound-keeper shall entered the
details of the sale in the Pound Register and give to the purchaser of such
animals a receipt in Form 45; if the sale is one that the pound-keeper has not
attended, he shall immediately, on the arrival of the memorandum referred to in
rule 64 from the officer conducting the sale, send the receipt (Form 45) to the
purchaser by registered post, and paste the post-office receipt for the letter
on to the counterfoil.
66. Memorandum showing disposal of proceeds
of sales. -- When impounded animals have been sold under the authority of
section 14 or section 16 of the Cattle Trespass Act, 1871, the account to be
delivered to the owner as required by that section, shall be drawn up by the
pound-keeper in the form of a memorandum in Form 46, and the receipt prescribed
by the final clause of the section shall be taken in the last column of the
counterfoil.
67. Net sale-proceeds to be sent to Court. --
When animals impounded otherwise than under Chapter III of the Cattle Trespass
Act, 1871, have been sold, the pound-keeper shall fill up a memorandum in the
same manner as prescribed in rule 66; but the sale-proceeds, after deduction of
the fines leviable, the expenses of feeding and watering and the expenses of
sale, if any, shall be made over to the court or officer under whose authority
the sale was ordered, the words “authorizing officer or his agent” being
substituted for “owner” wherever the latter occurs in the memorandum in Form
46.
68. Sums received on behalf of Board to be
entered on Counterfoil of Release passes. -- The pound-keeper shall, immediately
on receipt, add to the last progressive total entered in the counterfoils of
release passes (Form 44) all sums received by him on behalf of the Board on
account of impounded cattle sold.
Explanation:-
Charges for feeding and watering appropriated by the pound-keeper, the “balance
of the purchase money” under section 16 of the Cattle Trespass Act, and the net
sale proceeds under rule 67 are not received on behalf of the Board.
Note
- (1) See section 17 of the Cattle Trespass Act, 1871.
Note
- (2) The Balance of the purchase money should be noted separately in red ink
below the progressive total and carried forward till the collections are
remitted to the treasury.
69. Remittance of pound collections to
treasury. -- (1) All such times as may be fixed by the Board, but at least once
a month, the pound-keeper shall remit his collections to the Treasury, with a
chalan in Form 8; of the two foils of the chalan received back from the
Treasury duly signed, one shall be returned to the pound-keeper, who shall
paste it in his Release Pass Book as evidence of the remittance having been
made, and the other shall be sent to the Secretary to enable him to enter the
amount in his General-book.
(2) The chalan submitted under sub-rule (1)
shall specify
(1)
net
sale-proceeds of unclaimed cattle,
(2)
other
receipts.
Explanation:- The amount shown under head
(1) shall be the sums entered in column 18, Form 42, as “Surplus credited to
account”.
(3) The Board shall arrange for the
remittance of the collection by money order in cases where this course is
necessary in order to avoid interruption in the pound-keeper’s duties.
70. Claims for sale-proceeds of sale of
unclaimed animals. -- (1) When a claim is preferred under section 17 of the
Cattle Trespass Act, 1871 to any sum credited as the net sale-proceeds of
unclaimed cattle, the original credit shall be treated in the Pound Register,
and, if on investigation the claim I established, the amount repayable shall be
paid under the written orders of the Chairman, and the payment shall be brought
to account direct in the General Cash-book (Form 2); the fact of the payment,
and the number and date of the payment vouchers shall be noted in the remarks
column of the Pound Register against the entry of the original credit.
(2) No claim for refund of the net
sale-proceeds of unclaimed animals shall be entertained if it is made-after the
expiry of three months from the date of the sale.
(3) When an investigation into a claim
cannot be undertaken by the Board, it may, at the request of the Board, be made
through the District Magistrate.
71. Feed
and watering of animals. -- (1) The Board may give an advance, not exceeding
ten rupees, to the pound-keeper for the purpose of feeding impounded animals.
(2) The charge for feeding and watering
different classes of animals shall be fixed by the Board, from time to time, at
such rates that the receipts from this source do not exceed the actual cost of
feeding and watering, provided that half the daily charge for feeding shall be
recovered when an animal has been in the pound for less than eight hours.
72. Inspection of pounds. -- A pound directly
managed by the Board shall be open to inspection by any member of the Board or
of the District of Audit Staff, and so far as possible, it shall be inspected
once a quarter and the results of the inspection shall be recorded in an
inspection book, to be kept up at the pound, and any irregularity in its
accounts shall at once be brought to the notice of the Chairman.
73. Pounds Ledger to be maintained. -- A
Pound Ledger shall be maintained in the accounts office of the board in Form
47, a separate page being assigned to each pound, in which shall be shown all
expenditure on each pound and all income received from each pound, and at the
end of the year a statement shall be compiled by the Secretary and laid before
the Board showing the net loss or gain to the Board during the year from each
pound.
APPENDIX 22-26
MEMORANDUM OF INSTRUCTIONS FOR COLLECTORS AND
DEPUTY COMMISSIONERS WITH REGARD TO TROOPS
MARCHING THROUGH DISTRICTS UNDER THEIR JURISDICTION
PART I
1. (i) On
receipt of information that troops are to march through the district under his
jurisdiction, the Collector or Deputy Commissioner concerned will detail a
police office or other official to accompany them and take steps to prevent the
irregular sale of liquor or fruits to the troops on or near the routs, and
exclude from the camp or its vicinity all women of loose character.
(ii) The official will report himself to the
officer commanding the troops the day before the troops enter the limits of his
jurisdiction and remain with them until they leave it.
(iii) He will be the medium of communication in
his district between the officer commanding the troops and the subordinate
civil officials and inhabitants generally and will give ail the assistance in
his power to the officer commanding thr troops.
(iv) He will settle, in communication with the
officer commanding, all disputes with the inhabitants, or with any transport
establishments engaged by the civil authorities within his power, and be
responsible for reporting cases beyond his powers to his superiors.
(v) He will be provided with written
instructions by the Collector or Deputy Commissioner defining his duties and
powers, which he will show to the officer commanding the troops.
(vi) If irregularities committed by the troops
are not discovered until they have proceeded outside the limits of the
jurisdiction of the Collector or Deputy Commissioner, he will send a full
report of the occurrence to the Officer Commanding the Brigade Area in which it
occurred, who will investigate the matter and take all action necessary for its
disposal.
2. (i) Rationing
arrangements for all troops, and animals are made by the Indian Army Service
Corps under the order of the General Officer Commanding concerned. A suitable
detachment of supply personnel will be in supply charge of the units whilst on
the march The civil authorities may be calledupon to provide supplies of the
kind mentioned on Indian Army Form S-1526, and such articles as are not
ordinarily kept in stock (e.g. sheep fowls and eggs) or which are rapidly
perishable (e.g., milk); other ration articles will not be demanded from the
civil authorities.
(ii) When the assistance of the civil
authorities is necessary, any in the case of prearranged marches, i.e., when
marches are not due to a sudden emergency, the General Officer Commanding
concerned will detail an advance party consisting of personnel of the supply
service, or of the unit marching, to go ahead to the troops and associate
themselves with the civil officials in the purchase of supplies. The Civil
authorities should be informed that an advance party is being sent to assist in
the necessary purchases.
(iii) All indents on the civil authorities, for
the class and quantity of articles which they are required to supply, should be
preferred on them a fortnight before theyare actually required. Any changes in
dates, routes or quantities of supplies must be communicated at once to all
concerned. Losses due to these circumstances will only be borne by the State
when the competent financial authority is satisfied that they were unavoidably
due to circumstances beyond the control of the responsible authority or unit.
Losses due to excessive estimates will be borne by the unit responsible.
(iv) To enable the civil officials to purchase
supplies, the military authorities, when submitted their indents for supplies
will arrange to pay in advance to the responsible civil authorities a sum to
cover the cost of the supplies requisitioned. This advance will be obtained
from the Controller of Military Accounts concerned. If time does not permit of
an advance being obtained from the Controller of Military Accounts, it should
be obtained from the civil treasury on the authority of a station order as
provided for the paragraph 16(viii) or Pay and Allowance Regulation, Part II.
(v) The advance party is responsible for the
actual acceptance of supplies, the passing on of which should be done in the
presence of the civil official. The military authorities will then be
responsible for the payment of the demand made by the civil official for the
above accepted supplies. Rejections should only be made when the articles
tendered are unfit for consumption owing to their being below the standard
usually consumed by the persons or animals for whom they are intended. Supplies
which have been accepted by the advance party will not be subject to further
passing in the decision of the officer commanding the advance party being final.
If the supplies become unfit for consumption owing to the late arrival of the
unit or to causes outside the control of the supplier, a receipt for the
supplies must be granted by the officer commanding the troops to the civil
official concerned.
(vi) The military officer who takes over
supplies from the civil official will furnish the latter with a receipt for the
supplies actually received and will send a duplicate of this receipt to the
military authority responsible for the submission of the original indent.
(vii) When supplies of a quality inferior to that
which might reasonably have been expected are provided, a report to this effect
will be made by the officer commanding the troops to the district civil
officer.
(viii) If shops are, or can be established on or
near the camping ground, articles such as sheep, fowls, eggs, milk, etc., will
be retailed by the shop-keeper; if shops neither exist nor can be arranged for,
these articles will be supplied in the usual way and arrangements made for
their retail issue and the subsequent disposal of any suplus.
(ix) In the case of marches due to sudden
emergencies when sutticient notice of the arrival of a unit in a district
cannot be given, or an advance party sent ahead of the troops, and the supplies
have consequently to be arranged by the civil authorities n a hurry, the Indian
Army Service Corps officer or, in his absence, the officer commanding the
troops should bear in mind the following factors before rejecting supplies
arranged for by the civil authorities:---
(a)
The
notice given and the circumstances in which the supplies were purchases.
(b)
The
quality which might reasonably be expected in the district traversed.
(c)
Whether
the supplies are fit for consumption though below the usual standard.
If it is necessary to reject supplies on
account of unfitness for consumption, the officer commanding the troops will
furnish the civil official concerned with a statement showing the nature and
quantity of supplies so rejected, and will furnish a duplicate copy of this statement to the
military authority originally responsible for making the demand, who will
arrange with the Controller of Military Accounts concerned to obtain a refund
from the civil authorities in respect of such supplies.
(x) The officer commanding will be
responsible that whenever any article is taken without payment, or when dasturi
is enacted, the responsible person is severely dealt with. He will cause the
officer of the day to visit the bazaar frequently to see that the guard or
military police, which should be posted thereon, are doing their duty and that
no irregularities are permitted. The officer commanding will ensure that he is
reading accessible to any civil official or inhabitant who may be desirous of
lodging a complaint.
(xi) The civil supply official should report to
the officer commanding each evening whether any claims remain unsettled, and,
if so, the latter will personally see to their immediate settlement. The civil
official should endorse all receipts given for payments made, and the officer
commanding should not accept receipts unless so endorsed.
(xii) Individuals or small parties will
ordinarily purchase their own supplies from bazaars. If any assistance is
required, they will apply to the local police officer.
3. (i) The
Collector or Deputy Commissioner is responsible (except in the case of
Baluchistan where the Military Engineer service authorities will be
responsible), for the maintenance in good order of all established camping
grounds outside cantonments within his jurisdiction.
(ii) He will be responsible that they are not
cultivated, and that jungle growth is removed, also that boundary pillars are
kept in repairs, that the wells are in good order, and also incinerators are
provided.
(iii) When troops are to march through his
district, the officer commanding the unit concerned has orders to send him a
copy of the itinerary in good time to enable him to make all arrangements for
the wells to be cleaned out if they have not been in regular use.
4. When any special arrangements for
troops are required at ferries, the Brigade Commander concerned has orders to
give the civil authorities concerned ample notice.
5. unless prevented by urgent business in
another part of the district, the Collector or Deputy Commissioner should make
a point of being present at his headquarters to receive the troops with due
honors.
6. The higher officers of the several
departments serving in the district or present on tour in it should be informed
of the coming of the troops so that they may have an opportunity of
participating in their reception.
7. The president and councilors of the
local municipality should be invited to meet the troops at the entrance to the
town.
8. The educational authorities should be
directed to turn out schools on the line of march.
9. The instructions in paragraphs 5, 6, 7
and 8 apply only in the case of those routes which are infrequently used by
troops and to occasions when the special object of the march is to impress
people with the strength and importance of the Military arms of Government.
PART II
RULES FOR THE SUPPLY OF CARRIAGE BY THE CIVIL AUTHORITIES
Indents. - Indents on the civil authorities for hired
carriage required for the movements of troops or stores will be prepared on
India Army Form S-1675, giving full details of requirements and send so as to
reach the district or political officer concerned if possible not less than 15
days (one month in Gwalior State and 21 days in cases of marches through the
desert talukas of the Tharparkar District of Sindh) before the carriage is
required.
2. Collection and payment. - Hired
carriage will not ordinarily be required to proceed beyond the limits of the
next civil district on the route, but will be exchanged, if possible, at such
stations as may be fixed by the local civil authorities.
It
will be paid for at the authorized local rates from the date on which it is
engaged for the march to the date of its discharge, both inclusive. Half hire
will be paid for the return journey from the exchanging station to the place
where the carriage was engaged. If the carriage is taken beyond the exchanging
station, full hire will be paid for the return journey, from the place where
the carriage is released to the place where it was engaged without any
allowance for halts. If the carriage has to be collected be fore the date on
which it is required, the civil authorities will inform the indenting officer
of the time required for collection before the start, and the probable extra
expense that will be incurred. Carriage which ordinarily plies for hire, and is
on the list to be kept by the district
officer, will first, will first be called upon and the balance will be made up
by impressments. Carriage indented for in excess of requirements, and
discharged, will be paid for at the full hire rate for each day or part of a
day for which it is retained. If carriage is declared unserviceable through
deliberate fault or culpable negligence of the cart man by a committee of
officers (which will include the civil officers), it will not be paid for. When
Chaudhries are engaged to collect carriage, their fees, at the local rates,
will be paid for by the Army Department.
3. Advance and handing over of carriage. -
On engagement of the carriage, the civil or political officer will advance to
the owners half the estimated hire for the full journey, and obtain a receipt
for the same. To enable the civil official to make these advances, the
indenting officer when submitting his requisition for carriage will remit to
the civil officers concerned a sum sufficient to cover the amount which the
latter will be required to advance. A receipt will be obtained for this advance
which will be subject to adjustment.
The
carriage will be sent to the place required in charge of a tahsil or durbar
official who will hand to the indenting officer a detail of the composition of
the carriage,
Authorized loads, owner’s name, amount advanced and
the receipt for the same, and intimation as to the station at which the
carriage should be exchanged (See India Army Form S-1675). The advance remitted
to the civil officials will then be adjusted at once.
4. Exchanging station - The civil officer
supplying the carriage will at the same time warn the civil officer at the
first exchanging station of the transport requiring exchange, and the date and
place at which it will be required. A copy of this should be furnished to the
indenting officer to enable an advance to be remitted. The civil officer at the
first exchanging station will then proceed as in paragraph 3 and warn the next
exchanging station. Similar action will be taken at each exchanging station on
the route.
5. Change in original transport,
requirements. - If any change is required on route in the original quantity and
description of transport supplied, the officer commanding the troops will give
the civil officer at the exchanging station concerned as mucl notice as
possible.
6. Unserviceable carriage. - Carriage
breaking down between exchanging station should be replaced on the spot in
communication with the local civil
officials and paid off. If the advance received has not been liquidated, the
owner must refund the amount then due.
7. Discharge of carriage. - On arrival at
an exchanging station or at destination the carriage will be at once released
and paid off by the Indian Army Service Coros Officer, if there is one,
otherwise by a British officer of the marching unit in the presence of the civil official attached to the troops, the acquittance roll being signed by
both and countersigned by the Officer Commanding. Any disputes will be referred
to, and settled by, the district civil officer at the place at which the
transport is released.
8. Detention of transport. - If carts are
brought from a distance and detained at a camp of exercise, etc., the full hire
will be paid for each day of such detention. Carriage will not, however, be
detained at a camp which lasts for five days or over, except in very special
circumstances.
9. Protection certificate. - When a
carriage is discharged, a certificate in English and the vernacular should be
given by the civil officer at the exchanging station, or by the civil officer
accompanying the troops, to each person in charge thereof, to protect the
carriage from being taken for the use of troops while on its return journey unless
such troops are marching in the direction of the owner’s home. If so employed,
the full hire rate will be paid.
APPEDIX 22.68(2)
Powers and duties of Police Officer under
the Indian Arms Act, Excise Laws, Explosives Act, Petroleum Act, Poisons Act
and Sarais Act.
1-
THE
INDIAN ARMS ACT, NO XI OF 1978.
1-
Since
section 5 of the act requires a person who sells arms or ammunition lawfully
possessed by him for his private use, to a person other than a person exempted
under section 27 of the Act, to give, without unnecessary delay, notice of sale with name and address of the
purchaser, to the officer in charge of the nearest Police Station, it shall be
duty of such Police Officer to record such notice.
On receipt of such notice the Police Officer may make
enquiries as to the correctness of the purchaser’s name and address, if
necessary obtain a report from the Superintendent of police of the district in
which the purchaser’s lives,-vide Rule VIII of the Rule promulgated with Punjab
Government notification No 8408, dated the 05-03-1929(reproduced in Appendix
No.12.14).
2-
All
police officers not below the rank of officer in charge of a police a station
are empowered to detain arms, ammunition or military stores under section 6 of
the Act, vide rule 1 of the promulgated with Punjab Government notification No
8404, dated 5-03-1929(reproduced in
Appendix No 20.14).
3-
Under
section of the Act, any police officer may apprehend without warrant any person
found carrying or conveying any arms, ammunition or military stores, whether
covered by a licence or not in such manner or under such circumstances as to
afford just grounds of suspicious that
the same are being carried by him with intent to use them, or that the same may
be used, for any unlawful purpose and also take such arms, ammunition or
military stores from him.
All persons so apprehended by, or persons apprehended
(under section 12) by a person not being a Magistrate or a police officer and
delivered to, a police officer and all arms and ammunition seized by or delivered
to any such officer under this section shall be taken without unnecessary delay
before a magistrate.
4-
Under
section 13 of the Act, any police officer may disarm any person who is found
going armed with any arms except under licence and to the extent and in the
manner permitted thereby.
5-
An
officer in charge of police station any
arms, ammunition or military stores deposited by any person under the
provisions of section 16 of the Act and will act as laid down in paragraph
22.69, Police Rules, and after seven days, if the owner has not obtained a
licence authorizing to possess them, the ammunition and military stores shall
be forwarded to the Headquarter of the district and kept in the Malkhana of the
District Magistrate or in the Police Magazine.
6-
Under
section 17 of the Act, the powers and duties of the police officers as regards
inspection of licensed premises and maintenance of register under the Arms Act
detailed in paragraph 20.14 of the Police Rules.
7-
Under
section 19 of the Act, the Police has powers to arrest without a warrant those
persons who commit breach of section 5,6,10,13,14 or 17 as given in the said
section.
8-
Under
section 20 of the Act, the Police has powers to Arrest, without a warrant those
persons who commit secret breaches of section 5,6,10,14 and 15 as mentioned in
clauses (a), (c), (d) or (f) of section 19 of the Act.
9-
Under
section 25 of the Act, all police officers not below the rank of officer in
charge of police station have been empowered (subject to the orders of a
magistrate) to conduct searches by themselves or their presence.
10-
Under
section 30 of the Act read with rule III of the Rule promulgated with Punjab
Government notification No 8408, dated 5-03-1929 (reproduced in Appendix No
20.14), all police officers of rank not below that the officer in charge of a
police station searched have been appointed by virtue of their office conduct
searches for offence punishable section 19(f) of the Act.
II - EXCISE LAWS.
(1)
The
Punjab Excise Act No 1 of 1914.
Under section 11, read notification No
5708-E&S dated 27-10-1932 the following officers of police have been
invested with the powers of an Excise Officer of the Ist Class-
(a)
All
Superintendent, Assistant Superintendent and Deputy Superintendent of Police.
(b)
All
Inspectors, sub-inspectors and Assistant Sub-Inspectors of Police.
(c)
All
Head Constables
All constable of Police have been invested with powers
of an Excise Officer 3rd Class.
Under section 10(b) of this Act, the powers of Excise
Officers of the classes specified below have been declared to be as follows:-
(a)
Powers
under section 47 to arrest without warrant any person found committing an
offence under section 61(1) or (c) or section 61(2) (a), (c) or (e).
(b)
Powers
under section 47 to seize and detain excisable or other articles liable to
confiscation in connection with any of the
aforesaid offences and to detain and search package, search upon whom
and vessel. Raft, vehicle , animal package, receptacle or covering in or upon
which he may have reasonable cause to suspect any such article to be.
B- Powers of an Excise Officer of the 2nd Class -
(a)
All
the powers of an Excise Officer of the 3rd Class.
(b)
All
powers not included in the foregoing and
conformable under section 47.
(c)
Powers
to enter and inspect places of manufacture and sale, and to examine and seize
accounts and register, test measures, weight and seize materials, stills,
utensils, implements, apparatus or excisable article as provided in section
-45.
C- Powers of an Excise Officer of the 1st
Class,---
(j)
Power
to investigate under section 46.
(ii)
Power
to search without warrant as provided in section 49(1) and to seize, detain
search and arrest as provided in section 49(2).
(iii)
Power
to grant bail under section 73.
Under section 50 of this Act, any offence under this
Act may be investigated by an officer empowered under section 46.
Whenever any police officer makes any arrest, seizure
of search, he shall within 24 hours thereafter make full report of all the
particulars of the arrest, seizure of search to his immediate official superior
and shall unless bail be accepted under section 73, take or send the person
arrested or the articles seized, with all convenient dispatch to a Magistrate
for trail or adjudication.
Under sections 51 all Police Officer are required to
aid the Excise Officers in the due executor; of this Act upon a request made by
such Excise Officers.
Under section 53 every officer in charge of a Police
Station shall take charge of and keep in safe custody, pending the orders of a
Magistrate or of the Collector or an officer empowered under section 46 ( 1) to
investigate the case, all articles seized under this Act which may be deliver
to him and shall allow any Excise Officer who may accompany such articles to
the Police Station, or may be deputed for the purpose by his superior officer
to affix his seal to the articles and to take samples of an from them. All
samples so taken shall also be sealed with the seal of the Officer-in-charge of
the Police Station.
Offences under section 61 and 63 are cognizable by the Police as also their
attempts and abatements. The powers of arrest have been detailed above.
Under the 73, the Police Officers not empowered to
take security ( I,e, Constables) should take of forward the person arrested
under this Act, otherwise than on a warrant, to the officer empowered under
section 10(b) or to the Officer-in-charge of a Police Station whoever is
nearer.
(2)
the
Opium Act I of 1878. Under section 9, read with section 14 notification No.
5708-E.& S, dated the 27- October 1932, a Police Officer of and above the rank
of Head Constable may if he thanks proper, arrest any person whom he has reason
to believed to be guilty of any offence relating to opium under this or any
other law for the time being in force.
Under the same section read with section 15, any
Police Officer may detain and search any person whom he has reason to believe
to be guilty of any offence against this or any other such law, and if such
person has opium in his possession, arrest him and any other person in his
company.
Since Section 11 requires that in any case in which
the offence under section 9 has been committed.
(a)
the
opium in respect of which any offices under the same section has been
committed,
(b)
where
in the case of an offence under clause (b) or (c) of the same section, the
offender is transporting, importing or exporting any opium exceeding the
quantity which he is permitted to transport, import or export, as the case may
be, the whole of the opium which he is transporting, importing or exporting.
(c)
Where
in the case of an offender under clause (d) of the same sections, the offender
has in his possession any opium other than the opium in respect of which the
offence has been committed, the whole of such other opium and
(d)
The
vessels, packages and coverings in which any opium liable to confiscation under
this section if found and the other contents ( if any ) of the vessel or
package in which such opium, may be concealed and the animal and conveyances
and in carrying it, are liable to confiscation, it shall be the duty of the
Police to take all these articles in to possession.
Under Section 14, read with Government notification
No. 5708-E-&.S., dated the 27, October, 1932, any Police Officer above the
rank of Constable who has reason to believes, form personal knowledge or from
information given by any person and taken down in writing, that opium liable to
confiscation under this Act, is kept or concealed in any buildings, vessel or
enclosed place may, between sunrise and sunset.
(a)
enter
in to any such building, vessel or place;
(b)
in
case of resistance break open any door and remove any other obstacle to such
entry;
(c)
seize
such opium and any other thing which he has reason to believe to be liable for
confiscation under section 11 or any other law for the time being in force
relating to opium; and
(d)
detain
and search and if he thinks proper, arrest, any person whom he has reason to
believe to be guilty of any offence relating to such opium under this or any
other law for the time being in force.
Under Section 15 of the Act, any Police Officer may:-
(a)
seize
in any open place or in transit, any opium or other thing which he has reson to
believe to be liable to confiscation under section 11 or any other law for the
time being in force relating to opium;
(b)
detain
and search any person whom he has reason to believe to be guilty of any offence
against this or any other such law, and, if such person has opium in his possession, arrest him and any other
person in his company.
Under Section 16, all searches under
Section 14 and 15 shall be made in accordance with the provisions of Criminal
Procedure Code.
Under Section 17, it is the duty of all
Police Officers, upon a notice given or a request made, to assist all officers
mentioned in Section 14 in carrying out provisions of this Act.
Under Section 20, every person arrested
and thing seized, by a Police Officer under section 14 or Section 15 shall, if
he is not an Officer-in -charge of the Police Station be forwarded without
delay, to the Officer-in-charge of the nearest Police Station and every person
arrest and thing seized under Section 19 shall be forwarded without delay by
the Police Officer to the Officer by whom the warrant was issued.
The Officer-in-charge of Police Station to
whom any person or thing is forwarded under this section shall, with all
convenient dispatch, take such measures as may be necessary for the disposal
according to law, of such person or thing.
Under Section 21 of the Act, when any
arrest for seizure is made under this Act by any Police Officer, he shall
within 48 hours next after such arrest of seizure, make a full report of all
the particulars of such arrest or seizure, to his immediate official superior.
(3)
the
Punjab Opium Smoking Act, No. VI of 1932 :-Under Section 14, every officer of
the Police shall be bound to give reasonable aid to any Excise Officer in
carrying out the provisions of this Act upon notice given and request made.
(4)
The
Dangerous Drugs Act No. II of 1930 :- Offences under Sections 10 to 15, the
attempts and abatements thereof described in Section 20 and 21 are cognizable by
Police, Section 23 and Government order there under empower all Police Officers
of and above the rank of Head Constable to arrest, if they think proper, any
person whom they have reason to believe to have committed an offence punishable
under Chapter III, relating to a dangerous drug, whereas section 24 empowers
any Police Officer to arrest any person who is found to be in unlawful
possession of dangerous drug.
Under Section 18, the Police can
recommend, for the persons sent up under
Section 10, 12,13, or 14 that security for abstaining form the commission of
offences punishable under those sections be taken from them.
Under Section 23 any Police Officer above the rank of
constable, who has reason to believe, form personal knowledge or form
information given by any person and taken down in writing, that any dangerous
drug in respects of which an offence punishable under Chapter III of this Act
has been committed is kept or concealed in any building, vessel or enclosed
place may, between sunrise and sunset.
(a)
enter
in to any such building, vessel or place;
(b)
in
case of resistance, break open any door and remove any other obstacle to such
entry;
(c)
seize
such drug and all materials used in the manufacture thereof and any other
article which he has reason to believe to be liable to confiscation under
Section 33 and any document or other article which he has reason to believe may
furnish evidence of the commission of an office punishable under Chapter III
relating to such drug; and
(d)
detain
and search , and, if he thinks proper, arrest any person whom he has reason to
believe to have committed an offence punishable under Chapter III relating to
such drug.
Provided that if such officer has reason to believe
that a search warrant cannot be obtained with affording opportunity for
the concealment of evidence or facility
for the escape of an offender, he may enter and search such building, vessel or
enclosed place at any time between sunset and sunrise, after recording the
ground of his belief.
Under sub-clause 2 of this Section, such
officer, where he has recorded information under sub-section 1, or recorded
grounds of his belief under the proviso thereto, shall forth with send a copy
thereof to his immediate official superior.
Under Section 24, any Police Officer may,---
(a)
seize
in any public place or in transit any dangerous drug in respect of which he has
reason to believe an offence punishable under Chapter III has been committed,
and along with such drug, any other article liable to confiscation under
section 33 and any document or other article which he has reason to believe may
furnish evidence of the commission of an offence punishable under Chapter III
relating to such drug;
(b)
detain
and search any person whom he has reason to believe to have committed an
offence punishable under Chapter III and, if any such person has any dangerous
drug in his possession and such possession appears to him unlawful, arrest him
and any other person in his company.
Under Section 26, it is the duty of all
Police Officer makes any arrest or seizure under this Act, he shall, within 48
hours next after such arrest or seizure make a full report of all the
particulars of such arrest of seizure to his immediate official superior.
Under Section 29, every person arrested
and article seized under a warrant issued under Section 22 shall be forwarded
without delay to the authority by whom the warrant was issued; person serrated
and articles seized under Section 23 and 24 shall be forwarded with delay to
the officer-in-charge of the nearest Police Station of the Excise Department
empower under Section.
The officer-in-charge of the Police Station to whom
any person or article is
forwarded under this section shall, with all
convenient dispatch, take such measure as may be necessary for the disposal according to law of such person or
article.
Since Section 33 requires that whenever any offence
has been committed which is punishable under Chapter III, the dangerous drug
materials, apparatus and utensils in respect of which or means of which such
offence has been committed, shall be liable to confiscation and also many
dangerous drug lawfully imported, transported, manufactured, possessed or sold
along with, or in addition to , any dangerous drug which is liable to
confiscation under sub-section 1` of that section and the receptacles, packages and coverings
in which any dangerous drug material apparatus or utensils liable to
confiscation under sub-section 1 of that section is found, and the other
contents, if any of such receptacles or pacakages and the animals vehicles,
vessels and other conceyance used in carrying the same, shall be liable of
confiscation , it shall be the duty of every Police Officer acting under the
provisions of this Act, to take in to possession all the things enumerated
above.
III -THE INDIAN EXPLOSIVES ACT, IV OF 1894.
1.
Under
rule 106 of the rules made under Section 7
of the Indian Explosives Act IV
of 1884, promulgated by the Government of India
notification No. M-1217, dated
the 30 November, 1940, all Police Officers of the rank
not below that of Sub-Inspector are authorized within their respective areas to
enter, inspect and examine the licensee’s premises, check the stores with the
Stock and Sale Register and report the result of such inspection to the
District Magistrate through the superintendent of Police.
2.
They
are also authorized to search any place in which an explosive has been or is
being manufactured, possessed, used or sold illegally
and to seize, detain and remove any such explosive found therein. All such
searches and seizures shall forth with be reported to the District Magistrate
through the Superintendent of Police by telegram, if necessary.
3.
they
may take samples of the explosive found there in on payment of the value
thereof, if such payment is demanded at the time.
4.
The
shops, premises, and stocks of all licensed manufactures and dealers shall be
inspected once a months by the Sub-Inspectors of
Police and once in every quarter by the Inspectors and Gazetted Officers in
supervisory charge of the 1 Iiaqa in
which the premises are situated. At least one inspection in each ever shall be
performed by the Superintendent of Police.
Surprise visits to these places shall also be made by
the Police officers especially on the eye of festivals when stocks of
fire-works are likely to exceed the limit prescribed in the license.
5.
Section
13 of the Act empowers any Police Officer to arrest, without a warrant,
any person who is found committing any act punishable
under the Act, or Rules under the act, which tends to cause explosion or fire
in or about any place where explosive is manufactured or stored, etc.
IV-THE PETROLEUM ACT, XXX OF 1934
Under the Section13, read with Central
Government notification No. M-826 (1) dated the 22nd March, 1937, as
amended by notification No. M-826(4) dated the 15th September, 1937, all Police officers of or
above the rank of Inspector of Police have been authorized by virtue of their
officer to enter any place where petroleum is being imported, stored, produced,
refined or blended, or is under transport and inspect all receptacles, plant
and appliances used in connection with petroleum in order to ascertain if they
are in accordance with the provisions of Chapter I of this act and the Rules
made thereunder; within the respective areas over which their authority
extends.
Under Section 14, read with Central Government
notification No- M826 (2)
dated the 22nd
March 1937, as amended by notification Nos, M-826, dated the 26 August, 1937,
and M-826(5) dated the 15 September, 1937, all Police Officers mentioned in the
above paragraph may enter any place where petroleum is being imported,
transported, stored, produced, refined or blended and inspect and take samples
for testing of any petroleum found therein, with the respective areas over
which their authority extends.
Under Section 26, read with Central
Government notification No. M-826 (3) dated the 22nd March 1937, as
amended by notification No M-826 (7)
dated the 15 September, 1937, all Police Officers of rank not below that
of Sub-Inspector in the respective areas over which their authority extends
have been authorized by virtue of their office to enter and search any place
where he has reason to believe that any petroleum is being imported,
transported, stored, produced, refined or blended otherwise than in accordance
with the provisions of this Act and the rules made thereunder, and to seize,
detain or remove any or all of the petroleum in respect of which in his opinion
an offence under this Act has been committed. The searches under this Act shall
be made according to the Code of Criminal Procedure, 1898, so far as they are
applicable.
V-THE POISONS ACT, XII OF 1919
Under rule XII of the Rules framed under
Section 2 of the Act a Police Officers of a above the rank of Sub-Inspector may
at any time visit an inspect the premises of a license-holder where poison is
kept for sale and may inspect all poisons found therein and the registers of
sale of poisons and stock of poisons maintained under rules X and XI.
VI-THE
SARAIS ACT, XXII OF 1867
SINCE UNDER RULE 2 OF THE Rules framed
under Section 13 of the Act,-vide Government notification No.177, dated the
15th February, 1911, the District
Magistrate may refuse to accept as the keeper of a sarai any person who does not
produce a certificate signed by the Officer-in-charge of the Police Station in
whose jurisdiction the sarai is situated, to the effect that, to the best of
his belief, the applicant’s character is
not such as to preclude his being permitted to keep a Sarai, it shall be the
duty of the Officer-in-charge of the Police Station to verify and furnish a
certificate accordingly.
On being authorized by the District
Magistrate under section 7(2) of the Act, any Police Officer not less in rank
than a sub-Inspector may visit and inspect at any time of the day or night any
Sarai so registered or any part thereof.
FORM No.22.40
CHARGES FOR MAINTENANCE OF ANIMALS
POLICE STATION DISTRICT
F.I.R. No. Date
|
Number of animals
|
*Kind of animal
|
Rate per day
|
Number of days
|
Total
|
REMARKS
|
|
|
|
|
|
|
|
Grant
Total
Complainant
The above charges are
dut to
1.
Buffalo.
2.
Bullock
or Cow.
3.
Horse.
4.
Pony.
5.
Camel.
6.
Donkey.
7.
Sheep
or goat.
FORM No. 22.43(3)
No. Date
VOUCHER
ENGAGING ACCOMMODATION BY MOTOR-VEHICLE
Certified that Seals(s) has/have engaged for the journey
from to on
Motor omnibus owned/driven by on
account of prisoners/constables.
Purpose
of journey
No. and date of entry in Police Station Daily Diary
Amount of fare due for payment Rs.
Signature of Police Officer engaging accommodation
(Signature)
Rank
Date of payment and signature of gazetted officer
signing the bill
(Signature)
FORM No.22.48(1)
REGISTER NO.11.- THE STATION DAILY DIARY.
STATION DISTRICT
The
following officers were present at morning roll-call Sub-Inspector
Assistant Sub-Inspector head
constables
constables mounted
head constables mounted constables.
The remaining staff were on duty sick.
The Station is
under/over sanctioned strength.
Remarks
Diary of the above station commencing at o’
clock on the and ending
o’click on the
|
Serial No.
|
Name of reporter
|
Substance of report
|
|
|
|
|
Signature of officer incharge of police station.
FORM No.22.54(a) Part 1.
POLICE DEPARTMENT DISTRICT
PART
1-Absconders in cases registered in the home police station.
(Residents of the home police station to be
written in red ink).
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
Serial No.
|
Name parentage
Caste and
Description of
Absconders.
|
Residence
i.e, vil-
lage,
police station
and
district
|
Offences,
FIR No.
& date.
places and
date of
offence
|
Reward
offered
|
Clues to
probable
whereabouts
|
Action taken to procure arrest deta-
ils to be given as to:-
(a)
Police
Station of the home distr-
ict to which notices sent.
(b)
Police
Station of other district
to which notices sent.
(c)
Date
on which notices sent for
publication in “C.I. Gazette”.
(d)
If
a P.R.-Convict, date of intim-
ation to F.P. Bureau.
(e) Action Taken under Secs.
512/87/88, Code of Cr.P. with dates.
(e)
Details
of any other action taken,
with dates and name of court.
(f)
Has
History Sheet been opened
in home district and name entered
in Register No. X ?
|
Signature
of gazetted
officer
|
Date of
Arrest,
Death,
Cancellation
Or removal
To proclaimed
Offenders’
List
|
|
|
|
|
|
|
|
|
|
|
NOTE.-This
register is to be printed on foolscape folio size ruled paper.
FORM No.22.54(a). Part II.
POLICE DEPARTMENT DISTRICT
PART II.--Absconders in cases registered
in other police station but residents of or likely to visit this police
station.
(Residents
of the home police station to be written in red ink)
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
|
Serial No.
|
Police Sta-
tion or dis-
trict sub-
mitting no-
tice, name
of abscon-
der
|
Parentage,
caste and
description
|
Residence,
i.e., village,
police
stations
and district
|
Offence,
FIR No. &
date, place
and date of
offence.
|
Reward
Offered
|
Clues to
Probable
Where-
abouts
|
Action taken to procure
arrest, details to be
given as to:-
(a) Action taken under
Secs. 512, 87/88, Code
of Criminal Procedure,
with date.
(b) Details of any other
action taken, with dates
and name of Court
|
Signature
of gazetted
officer
|
Date of arrest
death,
cancellati
on
or
removal to
proclaimed
offeder’s list
|
|
|
|
|
|
|
|
|
|
|
|
NOTE.-- This Register is to be printed on foolscape folio
size ruled paper.
FORM NO.22.54(b)
ABSCONDING MEMBERS OF REGISTERED CRIMINAL TRIBES
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
Serial No.
|
Name, parentage
and full
description
|
If proclaimed
Under section
87, Code of
Criminal Pro-
cedure, number
and date of
court
|
Tribe or caste
|
Residence or where
last settled
|
Reference to
police
station
register No.8
|
Associates
|
Places he is
Likely to visit.
|
|
|
|
|
|
|
|
|
|
(To be drawn by hand )
FORM No.22.55
REGISTER No.V.--register or correspondence.
STATION
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
No.
|
Date of order, etc.
|
By whom issued
|
Substance of
Order or letter
Received
|
No.
|
Date of report
|
Substance of
report or letter
despatched
|
|
|
|
|
|
|
|
|
NOTE.-- To be drawn by hand. The heading to be written on the
first page only.
FORM No.22.56(1)
CHARACTER ROLLS OF GOVERNMENT SERVANTS OR APPLICANTS
FOR GOVERNMENT EMPLOY VERIFIED BY THE POLICE
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
Annual Serial
No.
|
Date of re-
ceipt of roll
|
From whom
received
|
Where employed
or service for
which applying,
i.e.,
Railway,
Police, Military,
& C.
|
Name and
parentage of
applicant
|
Village of
resident
|
How, when
and by whom
c h a r a c t e r
tested,
and
re-suit of
enquiries
|
Date of
return of
roll
|
REMARKS
|
|
|
|
|
|
|
|
|
|
|
FORM No.22.58(a)
DISTRICT
Register of adult criminal tribes residing in
Settlement
(Prepared
in accordance with sections 4, 5, 7 and 8 of Act VI of 1924)
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
Serial No.
|
Name
with
aliases
and
father’s
name
|
Caste and
sub-caste
|
Residence
at time of
registration
with Police
Station and
District
and date
of registration
|
Date of
birth
height,
distinctive
physical
features
|
Number
and date
of notifica-
tion under
Sec.11 or
12 of Act
under
which
restricted,
with No.
of Govt.
notification
|
Area to
which
move-
ments are
restricted
or place in
which
settled
|
Signature
of officer
preparing
register
under Sec-
tion or
making an
entry or
erasure
under Sec.
7 or 8 and
date
|
Convictions
giving sec-
tions of law,
places and
dates and
sentences
(entries after
registration
to be shown
in red ink)
|
Sub-
sequent
orders,
date of
transfer,
cancella-
tion of
registra-
tion,
death,
remarks,
etc.
|
Left
thumb-im-
pression
of person
registered
with
District
serial
No. of
Finger
Print slip
and signa-
ture of
recorder
with date
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM No.22.58(b)
POLICE DEPARTMENT DISTRICT
Register of male children of members of Criminal
Tribes
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
|
AREA TO WHICH THE
GANG OR
TRIBES IS
RESTRICTED
|
|
|
Serial No.
|
Name
|
Father’s Name
|
Tribe
|
Date of birth
|
Village
|
Police Station
|
Remarks
|
|
|
|
|
|
|
|
|
|
FORM No.22.58(c)
POLICE DEPARTMENT DISTRICT
REGISTER
OF BOYS CRIMINAL TRIBES TO BE MAINTAINED AT THE DISTRICT POLICE OFFICER
(Entries to be made strictly by date of
birth, irrespective of caste and residence)
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
|
Serial
No.
|
Police
Station
|
Village of
birth or
present
residence
|
Name
of boys
|
Name of
his father
and grand-
father
|
Date of
birth
according
to Christian
Era
|
Tribe
|
Date on
which
registration
will
become
due
|
Date of
father’s
death, if
orphan
|
Whether
he is
complying
with
Rule 42
|
Date of
exemption
under
Rule 4(b)
with
reference to
District
Magistrate’s
order
|
Subsequent
remarks
regarding
order of
registration
or change of
residence,
& C.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM No.
22.59(1) A
VILLAGE
CRIME NOTE BOOK OF VILLAGE
POLICE DEPARTMENT DISTRICT
PART 1
Male--
Population by census of
19------------------------------------------------
Female---
No.
of Houses
Names
of outlying hamlets with number of houses in each Revenue Market days, fair and
festivals
Principal
castes and tribes
|
Headmen
|
Other leading men
|
Village watchmen
|
|
|
|
|
B-Part II
FORM
No.22.59(1) B
PART II-Crime register
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
Serial No. in First
Information
report Register
|
Date of occurrence
and name of
complainant
|
Section of law,
nature of offence
and class of
property attached
|
Name, parentage,
caste and
residence of
accused or
suspect
|
Place where
property was
recovered
and
where criminals
were found
|
Name’s and par-
ticulars of
persons
suspected of
having helped
to conceal
property or the
criminals
by furnishing
ball or
otherwise
|
Result of case
|
|
|
|
|
|
|
|
|
|
NOTE.--This register is to be printed in
duplicate on foolscap folio size ruled paper and to be written by carbon
copying
Process, duplicate copy being perforated.
FORM
No.22.59(1)-C
PART III-Cases traced to the village during
the year 19
|
1
|
2
|
3
|
4
|
5
|
6
|
|
Serial
No.
|
Police Station village
and district, Number
of First information
Report, with date
|
Section of law, nature
of offence and class
of property attached
|
Name parentage and
Caste of accused
|
Name parentage,
caste and address of
all criminals impli-
cated in the case,
whether convicted,
acquitted or suspec-
ted of committing the
offence, and of
harbourers, receivers
or other helpers
of all accused
|
Results of the cases
against each
man
mentioned in
column 5
|
|
|
|
|
|
|
|
NOTE.--This Register is to be printed in duplicate on
foolscape folio size ruled paper and to be written by carbon copying
Process, duplicate copy being performed.
FORM No 22.59(1)(c)
PART III- A- Cisits to the Village
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
Serial No.
|
Name, parentage
Caste and rela-
tionships, if any
person visited
|
Name, parentage
Caste and address
Of visitor
|
Brief reasons for
Suspecting
visitor
|
Object and dates
Of visit
|
Number and date
Of bad character
Roll or information-
On sheet received
|
REMARKS
|
|
|
|
|
|
|
|
|
NOTE --This form shall be maintained,---
(1)
for
the visits to village of(a) history sheeters in bundles (a) and (b) persons
established through information sheets (Strangers roll) to be doubtful
character ; and
(2)
for
persons arrested in village under section 55/109, Criminal Procedure Code,
provided that they are places on security.
In the case of persons in class (2) the names of their
sureties and the reason for standing surety should be entered in the “Remarks”
column.
NOTE - This register is to be printed in duplicate on
fullscap folio ruled and to be written by carbon copying process, duplicate
copy being perforated.
FORM No 22.59(1) (D)
PART IV
Note
on crime in the village with special reference to factions, land or water
disputes, presence of criminal tribes or gangs, occurrence of obstruction on or
damage to railway lines within the village, special outbreaks of crime in the
village, etc., in accordance with Rule
23.15.
FORM No 22.59 (1) -E
REGISTER IX
POLICE
STATION (NAME)
PART V. -
Names of residence who have convicted of certain offence
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
|
Serial
No
|
Name
of
Convicted
Persons
And
age on
Date
stated
In
column 5
|
Parcentage,
Caste
and
Occupation
With
Convicted
And
nature
Of
the
offence
|
Section
and
Act
under
Which
Convicted
And
nature
Of
the
offence
|
Name
of
Court,
District,
Sentence
And
date of
conviction
|
Date
of
release
|
Whether
Entered
in
Book
X
(Surveillance-
Register) with No
of
History
sheet
, if any
|
Singnature
Of
police
Officer
Making
the
Entry
and
Date
of
making
|
Place
of
Crime,
if
Committed
Outside
the
village
|
REMARKS
(Name,
parentage
caste,
and
address
of
convicts
and
co-sus-
pects,
places
where
arre-
sted
and
property
recovred
and
resident
of
person
who
stood
bail)
|
|
|
|
|
|
|
|
|
|
|
|
NOTE
-This register is to be printed on foolscap size paper with heading on the
first page only.
FORM No 22.59(1)_E
PART V
POLICE
STATION (NAME) NAME
OR TOWN VILLAGE
NAME OF RESIDENTS WHO HAVE BEEN CONVICTED OF CERTAIN
OFFENCE
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
Serial No.
|
Name of convicted persons and age on date stated in
column 6
|
Parentage age and caste with description and
particular marks, and P.R. No., if any
|
Occupation
|
Section and Act under which convicted
|
Name of court convicting, with name of the presiding
officer of such court, district in which the trial was held, the powers
exercised by the court and whether the case was tried summarily or otherwise,
sentence and date of conviction.
|
Date of release
|
Whether entered in Book X, surveillance register,
with number of History Sheet, if any
|
Signature of Police officer making the entry and
date of making it
|
Place of crime, if committed outside the village
|
Remarks
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM No. 22-67 (a)
Police Station Register, No. XVI. Part I.
LIST OF VILLAGE WATHCMEN
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
|
Serial No. of village according to the Index to
Register No. IX
|
Name of village
|
Distance and direction from police station
|
Number of watchmen sanctioned
|
Name, parentage and caste of watchmen
|
Residence
|
Date of appointed
|
Age when appointed
|
Rate of pay
|
Population of village
|
Number of houses
|
Day of week fixed for attendance at Police Station
(vide Rule 22-67, Police Rules)
|
Remarks
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM No. 22-67 (b)
Police Station Register No. XVI. Part II
LIST OF POLICE OFFICERS ATTACHED TO THE POLICE STATION
(Officers, head constables and constables to be shown
on separate pages)
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
|
|
RESIDENCE
|
|
DATES OF BEING SENT TO HEAD QUARTERS FOR TRAINING
|
|
|
Serial No.
|
Constabulary No.
|
Name
|
Village
|
Police Station
|
District
|
Date of enlistment
|
Date of posting to the Police Station
|
Lite rate or illiterate
|
For the 1st time
|
For the 2nd time
|
For the 3rd time
|
Date of transfer
|
Where transferred to
|
Reason of transfer
|
Remarks
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM No. 22-68 (a) (1)
(FORM E)
REGISTER OF LICENSES TO MANUFACTURE, CONVERT, SELL OR
KEEP FOR SALE
ARMS, AMMUNITION OR MILITARY STORES
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
|
INSPECTIONS BY
|
|
|
|
Assistant or deputy Superintendent of Inspector of
Police
|
|
Tehsil
|
Number
|
Name of lincense
|
Father’s name and caste and residence
|
Place of business
|
Date
|
1st.
|
2nd
|
3rd
|
4th
|
By Magistrate of District, or Superintendent of Police
|
Remarks
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM No. 22-68 (a) (2)
(FORM F)
Is the same as Form E, except that in heading for “licensed
to manufacture, “ & C., read “licensee to keep and sell.”
_____________
ORM No. 22-68 (a) (3)
(FORM G)
REGISTER OF LICENSES TO POSSESS ARMS, AMMUNITION OR
MILITARY STORES GRANTED UNDER RULE 31.
DISTRICT_____________________
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
|
Tehsil
|
No.
|
Date
|
Name of license holder
|
Father’s name, caste, etc.
|
Residence
|
Number and description of weapon
|
Place where arms are to be kept
|
Terms for which license is valid
|
REMARKS
|
|
|
|
|
|
|
|
|
|
|
|
FORM No. 22-68 (a) (4)
(FORM H)
REGISTER OF LICENSES TO POSSESS ARMS AND AMMUNITION
AND TO GO ARMED FOR
THE PURPOSES OF SPORT, PROTECTION OR DISPLAY. (A
SEPARATE PART OF REGISTER
TO BE RESERVED FOR EACH DESCRIPTION OF WEAPON, i.e.
SHOT GUN, RILES,
REVOLVERS, SWORDS, ETC.) THE REGISTER TO BE PERMANENT
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
|
Serial No.
|
Tehsil
|
Number and description of weapon
|
Name of license holder
|
Father’s name, caste, etc.
|
Residence
|
Number and date of license
|
Period for which license is available
|
Date of renewal of license
|
Remarks:-
Action taken when license expires, loss of weapon
licensed, sale etc., etc.
|
FORM No. 22-68 (a) (5)
(FORM I)
REGISTER OF LICENSES GRANTED UNDER RULES 35 AND 36 TO
POSSESS ARMS AND
AMMUNITION AND TO GO ARMED FOR THE PURPOSE OF
DESTROYING WILD
ANIMALS WHICH DO INJURY TO HUMAN BEINGS CATTLE OR
CROPS
IN ____________________________________________
DISTRICT
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
|
INSPECTION BY MAGISTRATE
OF WEAPON AND LICENSE
|
|
|
Thesil
|
Form and No.
|
Date
|
Name of license holder
|
Father’s name and caste
|
Residence
|
Place for which license is valid
|
Weapon
|
Date of expiry of license
|
1st year
|
2nd year
|
3rd year
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4th
year
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5th year
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Remarks
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FORM No. 22-68(A)(6)
(FORM J)
_________________DISTRICT
REGISTER OF LICENSES TO POSSESS ARMS AND AMMUNITION OR
MILITARY STORES,
IN A DISTRICT WHICH HAS NOT BEEN DISARMED
Column 1-7. -- The first seven column as in Form.
Column 8. -- Place where the arms are to kept.
Column 9. -- Term for which license is valid.
Column 10. -- Remarks.
FORM No. 22-68(b)
POLICE DEPARTMENT ________________ DISTRICT
Register of license granted under Excise and Opium
Acts for vend in the police Station
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1
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2
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3
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4
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5
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6
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7
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8
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9
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Period Within Which
License Is Valid
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|
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Serial No.
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No. of License
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Name and address of license holder
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Locality of shop
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Articles which the licensee is authorised to stock
and sell
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Whether licensed to sell whole sale or by retail
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Amount of licensee fee for the year
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From
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To
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REMARKS
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FOM No. 22-68 (c)
POLICE
DEPARTMENT _________________
DISTRICT
Register of licenses to manufacture, possess and sell
explosives in the District / Police Station _________
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1
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2
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3
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4
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5
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6
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7
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8
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9
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Period for which
License is valid
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|
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Serial No.
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Name parentage and place of residence of licensee
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Place of business, factory or shop
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Maximum quantity of explosives to be possessed at
any one time
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Description and quantity of explosives to be
manufactured during the year
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Description and quantity of explosives to be
possessed and sold during the year
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From
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To
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Date of inspection made by police officers of and
above the rank of Sub-Inspector
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Remarks
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FORM No. 22-68(d)
POLICE DEPARTMENT __________________ DISTRICT
Register of Licenses to possess Petroleum under the
Petroleum Act
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1
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2
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3
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4
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5
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6
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7
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8
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PERIOD FOR WHICH LICENSE IS VALID
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INSPECTION
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No. of license
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Object of license
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Name and address of licensee
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Description and quantity of petroleum to be
possessed
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Place and full details of storage shed
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From
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To
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Date
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By whom
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REMARKS
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FORM No. 22-68(e)
POLICE DEPARTMENT __________________ DISTRICT
Register of licenses under the Poisons Act No. 1 of
1904
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1
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2
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3
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4
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5
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6
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7
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No. of license
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Name and address of license
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Place of business
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Description of poisons to be possessed
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PERIOD FOR WHICH LICENSE IS VALID
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INSPECTION
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REMARKS
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From
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To
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From
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To
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FORM No. 22-68(f)
POLICE DEPARTMENT ___________________ DISTRICT
_____________
POLICE STATION
Register of sarais registered under Act XII of 1867
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1
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2
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3
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4
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5
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6
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7
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8
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Serial No.
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Name and parentage of keeper of Sarai
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Residence
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Name of Sarai
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Situation of Sarai
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Date of Registration
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Date of entry in the Register
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REMARKS
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FORM No. 22-69
POLICE STATION ____________________ DISTRICT
Police Register No. XVII
Receipts for arms, ammunition or military stores
deposited in the above Police station under the Indian arms act, xi of 1878
Serial No. ________________ Date
___________________
Nature of arms, ammunition or military stores and
condition in which received ______________________________
Name, father’s name and address of depositor
___________________________________________
____________________________________________________________________________________________________________
I Certify that I have received the above-mentioned
articles and have deposited them in the station store room after labelling
them.
The articles will be forwarded to headquarters if the
owner has not obtained a license to process them within seven days from date.
FORM No. 22-70
POLICE STATION __________________ _______________
DISTRICT
Register No. XIX. Store - Room Register (Part-I)
Column 1, -- Serial No.
2 --
No. of first information report (if any ), from whom taken (if taken from a
person), and from what place.
3. --
Date of deposit and name of depositor.
4.--
Description of property.
5.
-- Reference to report asking for order
regarding disposal of property.
6. --
How disposed of and date.
7.--
Signature of recipient (including person by whom despatched).
8. --
Remarks.
( To be
prepared on a quarter sheet of native paper).
FORM No. 22-79 (1) (a)
POLICE DEPARTMENT _________________ DISTRICT
DESCRIPTIVE ROLLS OF UNIDENTIFIED PERSONS FOUND DEAD
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1
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2
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3
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4
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5
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6
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7
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8
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9
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PLACE WHERE FOUND
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DESCRIPTION
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Circumstances under which found and particulars
likely to afford a clue to be identity of the deceased
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|
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Annual Serial No.
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District
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Name parentage and residence of informant
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Date on which found
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Village
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Police Station
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Sex
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Apparentage
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Height
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Complexion
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Particular marks
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Detail of property found
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Remarks
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Dated
The 19 Superintendent of Police
FORM No. 22-79(b)
POLICE
DEPARTMENT ____________________ DISTRICT
LIST OF PERSONS LOST OR MISSING
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1
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2
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3
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4
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5
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6
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7
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8
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9
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10
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11
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12
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13
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Annual Serial No.
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District
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Name of informant and his relation to the person
missing
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Name of Police Station and viltage of person missing
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Parentage
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Cast
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Village
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Railway Station
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District
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Date of disappearance
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Place from which missing
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Description
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Circumstances of disappearance
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Detail of property which the missing person took
with him or which was worn by him when last seen
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Remarks
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(Standard Form)
Dated
The 19 Superintendent of Police
FORM No. 22-79(1)(c)
POLICE DEPARTMENT _________________ DISTRICT
LIST OF UNCLAIMED PROPERTY
CATTLE
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1
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2
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3
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4
Place of Recovery
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5
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6
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7
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8
|
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Annual Serial No.
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District
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Name, parentage and residence of person from whom
recovered or by whom deposited
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Village
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Police Station
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Date of recovery
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Circumstances under which recovered and particulars
likely to afford clue to the owner
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List of articles / cattle with full description and
value
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Remarks
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FORM No. 22-79(1) (d)
POLICE DEPARTMENT __________________ DISTRICT
LIST OF PROPERTY LOST
CATTLE STRAYED
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1
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2
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3
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4
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5
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6
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7
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8
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9
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Annual Serial No.
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District
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Name of Police Station and No. and date of first
information report, if any, with description of offence
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Date of loss or theft
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Name, parentage and residence of complainant / owner
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Description and value of property lost / cattle
strayed or stolen
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Brief particulars of the case and circumstances
likely in any way to afford a clue to the property / cattle or the thief
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Reward offered
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Remarks
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( Standard Form )
Dated
The 19
Superintendent
of Police
CHAPTER XXIII.--PREVENTION OF OFFENCES
23.1.
Patrolling
at rural stations--(1) The officer in charge of police stations and
assistant sub-inspectors at those stations shall move
about in their jurisdiction freely. They shall pay special attention to
villages where crime has occurred, or where registered bad characters and
suspects whose history sheets are on record live, but shall visit every village
occasionally, for the purpose of adding to their local knowledge, becoming
known to the people, collecting information, and checking the proper
performance of their duties in relation to crime by zaildars, in a mkhors,
lambardars and chaukidars.
(2) Information
regarding the mode of live hood of bad characters shall be
obtained mainly by personal visits and inquiry, but
head constables and constables shall, form time to time, be sent to village
with definite orders to ascertain whether certain specified bad characters are
present or not, and trace the whereabouts of proclaimed offenders of
absconders.
Except to carry out definite orders constables shall
not be deputed to visit villages, but they may be deputed to visit series,
ferries, camping-grounds, motor vehicles stands and other places of public
resort for the purpose of collecting information, maintaining order or other
police purposes.
SYNOPSIS
1.
History
sheet.
COMMENTS
1.
History
sheet. the word “ordinarily” in Police Rules 23.5 (5) does not make it in
cumbent on the Superintendent of police to open a History Sheet before the name
of a habitual offender can be can be entered in to the Surveillance Register
and there can be exceptional circumstances in which both these measures can Abe
taken simultaneously. Sadhu ram vs. Superintendent of Police AIR 1971 Punjab
252.
23.2. Co-operations
with railway police at stations.--(1) where possible a stable in plain cloths
shall be deputed from the police station to each railway station within its
jurisdiction to meet all trains which halt there and to keep a look-out for bad
characters and suspicious persons.
Constables
who have special knowledge of local bad characters shall be selected for this
duty.
2
Particulars
regarding any known or suspected bad characters observed taking
a ticket or travelling in a train shall be reported to
the railway police, if any, are on the platform and also to the travelling
constables.
3. Any
information received form the railway police regarding bad characters or
suspicious person alighting form a train shall be communicated to the officer
in charge of the police station
23.3.Patrolling by villagers--the
organisation of thikri pahra and naka-bandi, whether under the provisions of
the Village Patrol Act ( VIII of 1981) or on a voluntary basis, is one of the
most important duties of officer of the officer in charge of a police station.
Such an organisation should be carefully planned, with the object of providing
the best protection against criminals and securing that duties are allotted
fairly and with as little inconvenience to the individual as possible. Areas or
locutions of patrols and pickets should be carefully selected and the available
strength of police should be disposed to the best advantage of assisting and
supervising parties of villagers. Zaildars and other village official should be
encouraged to participate actively in this duty the responsibilities should be
insisted upon, and energy and co-operation should be promptly rewarded.Gazetted
Officers and Inspectors are required to take a close personal interest in this
branch of preventive action.
Thikri
Pahra and nakabandi shall on no account be regarded as a matter of routine. The
former can be enforced under the Act if necessary, but both systems are better
worked on a voluntary basis, through the goodwill of the communities concerned.
These services should be demanded temporarily and for special purposes only
during epidemics of crime.
23.4.Surveillance Register No. X.--(1) In
every police station, other than those of the railway police, a Surveillance
Register shall be maintained in form 23.4 (1).
2.
In
Part 1 of such register shall be entered the names of persons commonly resident
within or commonly frequenting the local jurisdiction of the police station
concerned, who belong to one or more of the following classes:---
(a)
All
persons who have been proclaimed under section 87, Code of Criminal Procedure.
(b)
All
released convicts in regard to whom an order under section 565, Criminal
Procedure Code, has been made.
(c)
All
convicts the execution of whose sentence is suspended in the whole, or any part
of whose punishment has been remitted conditionally under section 401, Criminal
Procedure Code.
(d)
All
persons restricted under Rules of Government made under section 16 of the Restriction of Habitual Offenders (
Punjab) Act, 1981.
(3)
in
Part II of such register may be entered at the discretion of the
Superintendent-
(a)
persons
how have been convicted twice, more than twice, of offences mentioned in rule
27.29;
(b)
persons
who are reasonably believed to be habitual offenders or receivers of stolen
property whether they have been convicted or not;
(c)
persons
under security under sections 109 or 110, Code of criminal Procedure;
(d)
convicts
released before the expiration of their sentences under the prisons Act and
Remission Rules without the imposition of any conditions.
Note:- This rule must be strictly constructed, and
entries must be confined to the names of person falling in the four classes
named therein.
SYNOPSIS
1.
Opening
of History Sheet.
2.
Surveillance
Register No. 10.
COMMENTS
1.
Opening
of History Sheet. A history sheet may be opened by or under the
written orders of a police officer not below the rank
of Inspector for any person not enter( Check Not Printed -page No.984. Police
register No 10 who is reasonably believed to be habitually addict_( Check Not
Printed page No.984._ or to be an aider or abettor of such persons; or abettor
of such person; We are of the view that condition precedent for an order under
police rule 23.9 (2) is not satisfied. We are not the view that the case
mentioned in Annexure R-1 are not such on the basis of which an opinion could
be formed that the petitioner is habitually addicted to crime . the cases
mentioned are also not of the category which may endanger public peace or security
. Ved Prakash Gulati Vs. Commissioner of Police 1984 (1) S.L.R. 298.
2.
Surveillance
Register No.10. The maintaining of Surveillance Register No. 10
under Police Rule 23.4 is, in no way ,
unconstitutional or illegal provided the police officer does not interfere with
the personal liberty or movements of the individuals whose names are entered in
the register. Naurata ram vs. The State,
AIR 1966 Punjab 268=1967 P.L.R. 528.
The
Surveillance Register is a confidential documents and an entry made in it does
not affect the personal liberty of the individual in any way. Therefore, it is
not necessary that any notice should be given to the person concerned before
his name is entered in this register. AIR 1959 Punjab 323=ILR (1959) Punjab1369
23.5.
Entries in and cancellations from surveillance register--(1) The
surveillance
register shall be written up by the officer in charge
of the police station personally or by an assistant sub-inspector in a clear
and neat script. No entry shall be made in Part II except by the orders of the
Superintendent, who is strictly prohibited from delegating this authority. No
entry shall be made in Part I except by the order of a gazetted officer.
Entries shall be made either under the personal direction of , or on receipt of
a written order from, an officer authorized by this rule to make them,. In the
later case, original orders shall be attached to the register until the entry
has been attested and dated by a gazetted officer.
(2) Ordinary,
before the name of any person is entered in Part II of the surveillance
register, a history sheet shall be opened for such person.
If, from the entries in the history sheet, the
Superintendent is of opinion that such person should be subjected to
surveillance he shall enter his name in Part II of the surveillance register;
provided that the names of persons who have never been convicted or placed on
security for good behaviour shall not be entered until the Superintendent has
record definite reasons for doing so.
The
record of such reasons shall be treated as confidential and the person
concerned shall not be entitled to a copy thereof.
23.6
Notice
to headmen--(1) when the name of any person has been entered in the
surveillance register a confidential notice in Form 23.6(1) shall be issued to
the headman of the village in which the servile resides and the headman’s
receipt shall be taken on the foil.
When a name is removed form the register intimation
shall be sent to the headman concerned and a similar receipt obtained.
2. It is
most important that the notices referred to in this rule should be issued
promptly in respect of every person who mame is entered in the surveillance
register in either Part I of II, and that intimation of cancellation should
similarly be sent. On the proof of issue of such notices the enforcement of the
responsibility of headman, both for ascertaining the whereabouts and assisting
in the capture of proclaimed offender and for reporting the movements of
persons restricted or under surveillance mainly depends.
23.7
Mode
of surveillance--(1) Police surveillance shall comprise such close watch men
and village watchmen, as may be practicable without any illegal interference.
(2) Care
shall be taken not to have under surveillance in any police station more person
than the police staff can reasonably be expected to watch efficiently.
23.8
Preparation
of history sheet.- The initial preparation of a history sheet requires great
care, and should invariably be done by the officer in charge of the police
station himself or by a thoroughly experienced assistant sub-inspector under
specific orders.
(1)
The
description of the criminal should be such as will enable the person reading it
to form for himself a picture of the individual described, special attention
being given to peculiarities of appearance, gait, speech, etc., by mean of
which the man may be distinguished.
(2)
The
space for “relations and connections” should be filled in with a view to
affording clues to those persons with whom the criminal is likely to harbor
when wanted by the police, including relations
or friends living at distance from his home, and his associates in
crime, abettors and receivers,. The particular nature of each person’s
connection should be noted against each, and when persons shown as connections
themselves have history sheets, a cross reference with those sheets should be
given.
(3)
Under
property, and mode of earning livelihood, such particulars should be entered as
will facilitate a judgment as to whether the criminal is at any time living
beyond his means; whether he is capable of furnishing a personal recognizance
of any value; whether he is an owner of property tenant or a water-earner, and
so on.
(4)
The
“ ?description of crime to which addicted” should be in come detail showing not
merely the class of crime, but the particular type of that crime, methods
followed, localities chiefly frequented, weapons or instruments used, etc.
When these particulars have been carefully and
concisely entered, the initial entry on the reverse side of the form should be
made in the form of summary of the individual’s criminal career up to the date
of his history sheet being prepared, and should include the particular reasons
and authority for its being prepared. Copies of history sheets prepared and
published by the Criminal Investigation Department and published in the
Criminal Intelligence Gazette shall be filed with the history sheet of the
persons concerned in their home police station . the police station history
sheets in all such cases will be endorsed with the letter C.I.D and the criminal’s
provincial numbers in red ink. The activities of all such criminals subsequent
to the publication of their provincial history sheets must be communicated
promptly to the Criminal Investigation Department through the District Central
Investigating Agency. Duplicate of the sheets of criminal known or suspected to
operate on the railway shall be supplied to the nearest railway police station
and the originals of such sheets shall be endorsed with the letter ‘R’ in red
ink. The District Police shall also supply the Railway Police Station with
copies of all subsequent entries made in such History Sheets, so that the
Railway Police copies may be kept strictly up to date.
23.9.
History
sheets when opened.--(1) A history sheet, if one does not already exist, shall
be opened in Form 23.9 for every person whose name is entered in the
surveillance register, except conditionally released convicts.
(2) A
history sheet may be opened by, or under the written orders of a police officer
not below the rank of inspector for any person not reentered in the
surveillance register who is reasonably believed to be habitually addicted to
crime or to be an aider or abettor of such persons.
(3) The Government Railway Police will
maintain the history sheets of criminals known or suspected to operate on the
railway in accordance with Police Rule 23.8. they will open history sheets
themselves for criminals living in railway premises, who have been absent form
their original homes so long that the railway premises may be regarded as their
permanent residence. They may also open history sheets for wandering strangers
reasonably believed to be habitually addicted to crime on the railway whose
original homes cannot be traced.
23.10. Custody
of history sheet--(1) The history sheets at each police station shall be kept
in three separate bundles as follows:---
(a)
Bundle
containing the history sheets of persons whose names are entered in the
surveillance register.
(b)
Bundle
containing the history sheets of persons whose names are not entered in the
surveillance register and which have bot been removed to personal files under
rule 23.12. in this bundle should be recorded the history sheets of persons who
(1) have been removed from surveillance on probation owing to there being no
recent complaints against them, but who cannot be said definitely to be no
longer addicted to crime, (2) have been the subject of action under rule 23.30
but have not been placed on security for good behaviour or under surveillance.
(c)
Bundle
containing the history sheets of bad characters undergoing sentences of
imprisonment sufficiently long to justify the removal of their names from the
surveillance register until their release. These history sheets shall be put up
by the officer in charge of the police station before a gazetted officer for
orders six months before the nominal date of the release of the bad character
concerned.
(2) In
each bundle, the history sheets of each village shall be kept in a separate
vocer on the inside of which a list of the history sheets pertaining to the village
with their index serial numbers shall be maintained. The prescribed covers for
history sheets are obtainable form the Superintendent, Government printing
Punjab.
SYNOPSIS
1.
Inclusion
of names in list “E”
COMMENTS
1. Inclusion
of names in list “E” The representations were submitted in December 1989 or
soon thereafter, no whatsoever has been issued to Sh perm chand for the with
drawl of benefit already conferred on
him. It is not understood as to on what basis the learned counsel states that
the benefit given to Sh. Perm Chand is likely to be withdrawn fact, not even a
prima facie case for the withdrawal of benefit iron to Sh.Pre,Chand has been
made out. Sh Jaddish Rai, who was admittedly junior to Sh. Prem Chand having
been given certain benefits, it is not understood as to how the benefit of
seniority etc. given to Sh. Prem Chand cab be withdrawn by the department.
Nothing has been pointed out to show as to how the Department was justified in
sending Shri Jgdish Rai for the Intermediate School Course prior to the
petitioners. Mr Jaswant Singh made a faint attempt to suggest that the action
was permissible under rule 19.22. under this rule, the principle of the Police
Training College, Madhuban may be competent to depute Drill Instructors etc.
for the course. However such out of turn deputation for the course cannot
confer any benefit of inclusion in the promotion list or actual promotion out
of turn. Furthermore, it has not even been shown that Sh. Jagdish Rai was
posted as a Drill Instructor at the Police Training College, Madhban at the
relevant time. In this situation, the order passed with the principle of
equality of opportunity enshrined in Article 16 of the Constitution. No
infirmity in the order has been brought to my notice at the time of hearing Mohd.Yunus,
Assistant Sub-Inspector of Police Vs State of Haryana and ors., 1992(2) S.L.R.
288.
23.11. Checking of history sheets.--gazetted officers
on tour and Inspectors shall personally check the entires in history sheets by
local inquiry, in the presence of the persons concerned and their Zaildars and
lambardars, and so far as possible at their homes. Such officers shall also
carefully scrutinize the conviction register (rule 22.59 (e) in order to see that history sheets are
opened or properly kept up as the case may be for all convicts, whose record
justifies such action.
In
checking history sheets of proclaimed offenders they shall make sure that stant
and recent inquiries have been made to ascertain the proclaimed offenders
whereabouts and to effect his capture, where he be in the jurisdiction or else
where and that all necessary information about the proclaim d offender and his
associated has been obtained from or communicated to other districts and police
station.
23.12. Treatment of history sheets and personal
files.-- The history sheet of a person who is no longer addicted to crime shall
be transferred to his personal file. Under no circumstances shall the history
sheet of a person who is undergoing sentence be relegated to his personal file.
(2) The
history sheet and personal file of a person who takes up his residence
permanently in another police station jurisdiction shall be transferred to such
police station.
(3) The
history sheet and personal file of a person who dies shall be destroyed.
(4) All
disposal action referred to in this rule shall be taken in accordance with the
orders of a gazetted officer.
23.13. personal Maintenance disposal of (1) The
starting of a personal file should always be the first stage in compiling the
record of a suspect. As soon as suspicions have come into record regarding an
individual to an extent which indicates that he is addicted to crime or is the
associate of criminals, such record should be tabulated to form the foundation
of a personal life. Subsequently, all information obtained about such persons,
whether in his favour or against him, shall be added to his file. The personal
file shall form the main material by which superior officers will be guided as
to whether to open a history sheet or not. It follows that a personal file must
be maintained for every person of whom a history sheet exist. On such file, bad
character rolls, papers relating to information sheets, etc. shall be recorded.
See rule 23.7(B) in this connection.
(2) All
personal files shall be paged and indexed.
(3)(a) The personal files of persons for whom history
sheets have been opened shall be given the same serial number as the history
sheet and kept separately in a bundle.
(b) The
personal files of person for whom no history sheet exists shall be kept in a
separate bundle. These files shall not be numbered, but a list of them shall be
kept in the bundle and they shall be arranged according to villages.
(4) To
prevent the undue accumulation of useless personal files, the Superintendent
may, at his discretion, order the destruction of the personal file of any
person of whom a history sheet does not exist when such person has been of good
behaviour continuously for seven years and the up-keep of his personal file
appears unnecessary.
23.14. Index to history sheets and personal files..
(1) A register containing a general index to history sheets and personal files
shall be maintained in two parts.
Part I shall consist of a list in Form 23.14(1)(A) of
the history sheets and personal files in serial order as they are opened.
Part II shall be an alphabetical index in Form 23.14
(1)(B).
(2) When a
history sheet is opened it shall be given a permanent serial number and entered
in the general index. Such number shall not be altered when the history sheet
is transferred from one bundle to another, and shall not be re-allotted until
the history sheet is destroyed or transferred to another police station.
23.15. Part IV-- Village Crime Register No. IX.. To
ensure that the confidential notes on village crime are kept up methodically
and that information contained in them can be readily referred to, all entries
should be classified under headings as follows:---
(1)
Note
regarding influential individuals resident in or connected with the village,
who habitually abet or share in the proceeds of crime or shelter criminals.
(2)
Special
types of lawlessness or crime which inhabitants of the village are addicted.
(3)
Notes
in gangs, with references in the books of other village to which member of the
same gangs, belong, and particulars of the associates and methods of such
gangs.
(4)
Notes
on personal, land, communal and other feuds, which are liable to cause breaches
of the peace or to affect evidence in investigations.
(5)
Notes
on fair and similar occasions requiring the special attention of the officer in
charge of the police station.
(6)
Notes
on individual criminal which supplement and facilitate reference to history
sheets for instance :lists of habitual railway thieves, cattle thieves, etc.,
with the localities they chiefly operate in ; lists of criminals of other
village or jurisdiction who commit crime in the village.
(7)
A
list of convicts released under the Good Conduct Prisoners Probational Release
Act (Punjab Act X of 1926), -vide rule 23.35.
(8)
A
list of respectable inhabitants of the village who have migrated to proclaimed
offenders and absconders.
(9)
Convictions
under section 124-A and 153-A Indian Penal Code.
23.16. Bad character rolls. - (1) When a person
who under surveillance leaves his home or residence, the village headman is,
under section 18 and 19 of the rules made by information to the officer in
charge of the police station regarding the departure and alleged destination of
such person. Under the same rules
village headmen are required to support immediately any information obtained by
them regarding the whereabouts of proclaimed offenders, whose names are entered
in part I(a) of register X, or regarding the absence from the limits to which
they are restricted of persons entered in part I (b),(c) or (d) of the same
register, and the surveillance of these persons, and the verification of their
whereabouts, shall thereafter, be effected in the manner prescribed in the
following sub-rules.
(2)
Upon
receipt of such information the officer in charge of the police station shall
send a bad character roll prepared by carbon copying process in Form 23.16(2)
(Police station register X-A), to be officer
in charge of the police station to whose
credible information is received of the presence of a proclaimed in
another police station.
(3)The Officer receiving the bad character
roll shall acknowledge its receipt and shall take to certain steps to ascertain
the bad character has arrived within his jurisdiction, and if so, shall arrange
to have his movements watched, or, in the case of a proclaimed offender arrest
him and take suitable action regarding his
harbourers.
A note of the movements and doings of the
bad character shall be made in the roll and, if the moves on to another police
station, the roll shall be forwarded to such police station and the same
procedure followed. An entry register each such roll received shall be made in
police station register X-B, Form 23.16(3).
(4)When the roll received back in the
police station from which it was originally despatched, a note useful
information recorded therein shall be made in the history sheet and the roll
filed with the personal file, the acknowledgement referred to above being
attached to the foil of the bad character
roll. The date and time of the bad character’s return to his home shall
be verified and noted on the back of the roll of the roll before it is finally
filed.
(5)If a notorious bad character or a
convict, who has been classed P.R.T. under the rules in the Police Finger Print
Bureau Manual, absents himself and is likely to visit tow o more districts, a
copy of his bad character roll shall be sent to the office of the
Superintendent and Form 23.16(5) completed and submitted to the Assistant
Inspector-General, Crime and Criminal Tribes, for publication in the Criminal
Intelligence Gazette.
When necessary, information regarding the
movements of such person may be communicated by telegraph.
(5)
The
district police shall send information by quickest means to the Railway Police
Station concerned about the absence of a bad character for whom the Railway
Police maintain a history sheet. Message should be sent by telephone or
telegram where possible and bad character rolls should be forwarded without
delay. Information should also be given to the Superintendent of Police who
will pass it on as quickly as possible to the Assistant Inspector-General,
Government Railway Police.
23,17 - Information sheets - (1) Railway
sheets in Form 23.17(1) shall be used by an officer for the double purpose of
obtaining and communication information about residents of other police station
jurisdiction who are known or believed to have visited his police station
jurisdiction with criminal intent.
(2)Who are genuinely believed to have
committed an officer in charge of a
police station as a means of ascertaining the antecedents of persons,---
(a)
Who
are genuinely believed to have committed an offence whether as a not they have
been or are to be arrested;
(b)
Who
have been arrested under section 55, Criminal Procedure Code;
(c)
Who
are genuinely believed to be of suspicious character.
The officer in charge of police station
shall send an information sheet in Form 23.17 (1) as soon as possible to the
officer in charge of the police station of which such person to be a resident,
giving:---
(a)
an
account of the circumstance in which such came to notice
(b)
an
account of the offence if any with which such person is believed to be
connected.
(c)
The
names and a statement of the character of the person with whom such person has
been associating, and
(d)
Any
statement made by such person about his own reputation and status and
associates in his jurisdiction, and enter its dispatch in Police Station
Register No. XII, Form 23.17(2).
(3)
Continuation
information sheets shall be issued whenever necessary as a means of
communicating information obtained or genuine formed after the issue of the
original information sheet.
(4)
Final
information sheets shall be issued as soon as possible after the conclusion of
the police investigation, or of the judicial trail, or of the magisterial
proceedings. Such final reports shall as far as possible be drafted by the
officer in charge of the police station himself and shall be a summary of the
whole matter, giving in detail the result of the investigation ot trail or
proceedings, the names of co-accused or associates, if any , the names of
sureties and of discredited defense witnesses, if any, the place if any where
property was recovered or absconders founds, and any other facts that may be of
value for criminal intelligence records.
(5)
Information
sheets, original , continuation and final, shall be issued in triplicate. The
officer in charge of the police station shall send one
copy to the Superintendent of Police of his own district to enable the Criminal
Investigation Agency to extract any information of value, and shall send the
other two copies to the officer in charge of the police station address.
(6)
The
officer in charge of a police station receiving an information sheet in
duplicate shall cause an entry to be made to register XII-A (From No 23.17
(6)), the index information sheets receiving. He shall then record on the back
of the copies all the information about the person, such as his antecedents,
relations and associates as may help the inquiring officer in his investigation
or in his search for absconders or for co-accused or for stolen property one
copy shall then be returned to the inquiring officer and the other copy shall
be filed in the police station receiving the information sheet.
(7)
(a)
in the police station issuing the sheet, information sheets of person finally
considered to be of criminal suspect character shall
be filed in bundles according to the village visited by such person, and within
sych village bundle according to the type of crime to which they are suspected
of addiction.
(b). In the police station receiving the sheet,
information sheets of persons finally considered to be of criminal or suspect
character shall be filed with their personal files, if any, if there is no
personal file, and if none is started on receipt of the information sheet, it
shall be filed according to the village of residence and within the bundle
relating to such village according to the type of crime of which the person is
suspected.
(c). In both issuing and receiving police stations
information sheets of persons finally considered to be of good character shall
be destroyed.
23.17. Hue and cry notices.--(1) Whenever it is
required to have a search made for an absconding suspect, or to issue warnings
for precaution to be taken against a particulars type of offence or particular
individuals, the officer in charge of the police station or the investigating
officer shall , in addition to such action as may be taken in accordance with
rule 26. 5, issue a hue and cry notice in Form 23.18 (1). The officer who
decides to issue such a notice shall personally complete the original form,
recording all descriptive and other information, which may assist the recipient
of the Form- to take effective action, paying particular attention to the
specification of the routes and places to be watched. He shall cause the original
form to be conveyed as speedily as possible to the police station , with
precise instruction as to where copies are to be sent after the necessary entry
has been made in Register No. IV, Hue and cry notices shall not be broadcaster
indiscriminately, but shall be sent with the utmost dispatch to those places,
whether within or outside the jurisdiction of issue, where special action is
required. In all cases, when an absconder is likely to travel by railway,
copies of hue and cry notices shall be sent to the railway police stations and
outposts concerned.
(2). A copy of every hue and cry notice of an
absconder shall also be sent to the officer of the Superintendent of Police, in
order that an entry may be made in the district register of absconders ( rule
23.20) and that, if the Superintendent of Police or head of the prosecuting
branch thinks it fit, copies may be sent to other districts or to the ‘Criminal
Investigation Department.
(3). In cases where the absconder is known to have
associates, relatives, or resorts in two or more districts and when the
offender is not immediately arrested, a notice in Form 23.18(1) in English
shall be sent to the Assistant Inspector-General, Crime and Criminal Tribes,
for publication in the Criminal Intelligence Gazette. In cases where a reward
is offered the amount should be stated on the form.
(4). Officers in charge of police station receiving
hue and cry notices shall take immediate action, as the circumstances of each
case may indicate to be necessary.
(5). Care shall
be taken that, whenever the necessity for action asked for in hue and cry
notice ceases to operate, a notice of cancellation shall be issued to all to
whom the original notice was sent.
23.18. Dissemination of intelligence of serious
offences--(1) In cases of murder by
dacoits or robber, drugging with intent to rob,
dacoity, serious robbery and serious offences involving interference with the
working of the railway, when the culprits are not immediately apprehend, the
officer in charge of the police station shall send written notices or telephone
or telegraph messages, to neighbouring police stations and to such other police
stations as are concerned, whether in the same district or not, giving all
particulars likely to afford a clue to the offenders. He shall also arrange for
the dissemination of such intelligence thought his jurisdiction.
(2). In order that this rule, and rule 23.18, above ,
shall be promptly with officers in charge of police stations shall have ready a
system by which intelligence cab be quickly disseminated. They shall use for
this purpose any telephone and telegraph system existing, the visits of
chaukidars and other persons to police station the post office and any other
existing local means.
23.19. District register of absconders-(1) In
each districts a register of absconders in Form 23.20 (1) shall be maintained
by the head of the prosecuting agency. The register shall be divided in to two
parts:---
Part I- will contain the names of all absconders in
cases of the home district, irrespective of the residence, about whom
information in Form 22. 54 ( a) or otherwise.
Part II- will
contain the names of absconders in cases of other districts who are resident of
the home district or likely to visit it. All entries regarding residents of the
home districts shall be made in red ink.
The
names in both parts shall be entered as far as possible, according to the
police station s of which the absconder is resident or from which he is
absconding.
(2). As soon as
an absconder has been proclaimed under section 87, Code of Criminal Procedure,
his name shall be entered in the Proclaimed Offenders register prescribed in
rule 23.22(1). A note being made in the column for remarks to his effect.
(3). Should
action under section 87, Code of Criminal Procedure, no the taken against an
absconder for any reason, such as lack of evidence etc. his name shall be
struck out and remark added giving reasons in the column for remarks.
(4). When a
person whose finger impression slip is on record absconds, information of the
fact shall be sent to the Finger Print Bureau. All re-arrest of such absconders
shall be communicated to the Finger Print Bureau.
(5). When a
criminal tribesmen restricted under the section 11 of the Criminal Tribes Act
absconds, information of the fact together with as many particulars of the
individual as possible, shall be communicated promptly to the Assistant to the
Inspector General, Criminal Tribes. All re-arrest of such absconders shall be
communicated to that officer in a monthly return to be submitted in the first
week of each month.
Note: (1)-- The terms absconder shall be held to mean
a person of a cognizable offence against the officer in charge of the police
station concerned considers that there is sufficient evidence to justify his
arrest, but whose whereabouts are unknown.
Note: (2)-- A separate register shall be maintained
for absconding member of criminal tribes wanted in connection with offences
under the Criminal Tribes Act.
23.20. Register showing progress of action
against absconders and proclaimed of
fenders.-- In order that a proper check may be kept on
the progress of action prescribed in rule 21.5. and 26.5, the head of the
prosecuting agency, shall maintain a register Form 23.21. The register shall be
examined at frequent intervals by the Superintendent of Police, gazetted
officers and inspectors in supervisory charge of police stations and by
prosecuting officers, and the latter shall be held responsible that no delay in
proclamation and attachment of property or the court, is allowed to occur.
23.21. Register of proclaimed offender--(1) A
register of proclaimed offenders in Form
23.22 (1) shall be maintained in each district by the
head of the prosecuting agency. The register shall be in two parts:---
Part I-- shall contain the names of all residents of
the home district irrespective of the district in which proclaimed. The names
shall be entered according to the police station of which the proclaimed
offenders are resident.
Part II-- shall contain the names of all offenders
proclaimed in but not resident of the district. These will be entered as far as
possible, according to the district of which they are said to be resident,
residents of independent territory being shown separately.
(2). In January of each year a statement in English in
form 23.22(2) shall be submitted to the Deputy Inspector-General Criminal
Investigation Department showing the result of action taken against proclaimed
offender during the past year. As abstract of such a statement shall be
prepared in the office of the Deputy Inspector-General Criminal Investigation
Department and published in the Police gazette. The figures relating to
proclaimed offenders, who are registered member of the criminal tribes, shall
be given separately.
23.23. Revision of lists of proclaimed offenders.--(1)
Every Superintendent shall
carefully revise his list of proclaimed offenders
periodically and omit thereform, after consultation with the District
Magistrate and the Superintendent of the district in which such person was
proclaimed, the names of person accused of trivial offences or concerned in
cases where from lapse of time, no sufficient evidence is on record or is
procurable.
(2). Due intimation of such omission shall be sent to
the officer-in -charge of the police station concerned; intimation shall also
be sent to the Deputy Inspector General, Criminal Investigation Department, in
those cases in which intimation of proclamation was given, or in which a notice
issued in the Criminal Intelligence Gazette.
(3). A separate
revised list shall be submitted for proclaimed offenders who are registered
members of criminal tribes.
23.24. procedure when person is proclaimed an offender
--(1). Immediately proceedings under section 87, Criminal Procedure Code have
been taken, intimation shall be sent by the prosecuting agency to the police
station initiating such proceedings and to the police station of which the
proclaimed offender is believed to be a resident. Such intimation shall be sent
through the Superintendent of Police concerned, if the person proclaimed is a
resident of another district. The primary responsibility for securing the
arrest of such offender arrests with the police of the station in which he is a
resident. Immediately on receipt of intimation of proclamation of a resident of
the police station jurisdiction a history sheet shall be opened, particulars
being ascertained form the police station , which has instituted proclamation
proceedings, if necessary, and the offender’s name shall be entered in part I
of the surveillance register.
(2). Thereupon intimation in Form 23.24. (2) shall be
sent to the headmen and watchmen of the village of which the proclaimed
offender is resident, and intimation in the same form shall be sent separately
and through the police stations concerned, to the headmen and watchmen of all
villages where the proclaimed offender is known to have relatives or friends
whom he is likely to visit. when the offender is resident of a police station
other than that in which he is proclaimed, the officer-in-charge of the latter
police station shall immediately furnish the police station of the offender’s
residence with all available information for the compilation of his history
sheet and issue of notices.
(3). In
the case of member s of registered
criminal tribes proclaimed solely for absconding from their area of
restriction, intimation in form 23.24 (2) shall be issued to places where there
is a likelihood of the offender being found, but names shall not be entered in
the surveillance register or shall history sheets be prepared unless specially
ordered by the Superintendent of Police.
(4). Whenever a proclaimed offender is arrested,
intimation shall be sent direct to the district and police station of which he
was a resident. On receipt of such intimation a note shall be made in the
surveillance register of the date and place of arrest, and his name shall be
struck off the register, and intimation issue. Respecting him shall be
withdrawn and his history sheet submitted for orders of disposal.
23.25. List of proclaimed offender at police
station--(1). A list shall be hung up in
the office of each police station and a duplicate thereof in conspicuous place
on the police station notice board, of all proclaimed offenders whose names
have been entered under rule 23.5 above in the surveillance register. List
shall be similarly posted of all proclaimed members of criminal tribes whose
names have not been entered in the surveillance register.
(2). Every
police officer shall be instructed, as soon as possible after joining a police
station in the names, descriptions and likely resorts of all proclaimed
offenders included in the lists prescribed above. Police officers shall be
frequently tested by officers in charge of police station and inspecting
officers in their knowledge of proclaimed offenders and shall be required at
all times, when moving about the jurisdiction, themselves to obtain all
possible information which may facilitate the arrest of such offenders and to
inform the public of the proclamation of arrest and of any reward offered, and
warn them of the penalties of harbouring.
23.26. Proposals regarding criminal tribes or
clases--(1) When there are indications that two or more person are associated
in the systematic commission of non-bilabial offences a proposal shall be
submitted for their notification commission of tribe under section 3 of the
Criminal Tribes Act ( VI of 1924) and for such further action as may be
considered desirable under section 10,11 and 12 of the Act. Such proposal shall
not be made until preventive action under section 110, Criminal Procedure Code,
and the Habitual Offenders Act failed, and shall in the first instance be
prepared by the Superintend of Police
and Deputy Commissioner in consultation with the Assistant
Inspector-General of Police, Crime and Criminal Tribes. The proposals shall be
farmed on the lines prescribed in Chapter IX, section 4 of the Punjab
Reclamation Manual 1932 and shall be forwarded, through the Deputy Inspector
General of Rang, to the Commissioner for scrutiny and submission to Government
through the Inspector-General of Police.
(2). Before the
submission of the case by the Superintendent of Police, gazetted police officer
shall personally see every individual whom it is proposed to notify under
section 3 and shall Enquirer in to his or her means of subsistence and mode of
livelihood.
23.27. Criminal Tribes Act, VI of 1924,- The rules
made by the local Government under the Act and the more important circulars
dealing Generally with the administration of criminal tribes are contained in
the Punjab Reclamation Manual 1932, a copy of which has been supplied to all
district police officers. Gazetted officers and all upper subordinates are
required to make themselves thoroughly acquainted with the provisions of the
Act and the rules made thereunder.
23-28. District criminal tribes register:- The form of
the English registers to be maintained by Superintendents of Police is given as
Form A in the Rules made under the Criminal Tribes Act and Corresponds with
Police Rule Form 22.58-A. As many registers shall be maintained as there are
police stations in which criminal tribesmen reside or are restricted. Each
register shall be further sub-divided in to parts according to tribes. Entries
in column 7 when made shall be in red ink. A vernacular copy each register
shall be supplied to the police station concerned with copies shall be situate
police station register No. VIII.
The
Criminal Tribes register shall contain the names of all male children of
members of registered criminal tribes over the age of 12 years in the case of
wandering criminal tribes, and over the age of 18 years in the case of settled
criminal tribes unless exempted by the District Magistrate under rule 4 of the
rules made under the Act.
23.29. Criminal tribes-Supervision by gazetted
officers. Gazetted officers on tour shall take with them those parts of the
register which concern the police stations they intend visiting, shall
interview individual members of criminal tribes as frequently as possible and
shall satisfy themselves that the subordinate police are not abusing their
powers of granting leave to members of criminal tribes and that the conditions
of passes are being strictly complied with. They shall Enquirer in to the means
of livelihood of the criminal tribes and satisfy themselves that rule 42 of the
rules made under the Act is being enforced. They shall also Enquirer in to the
past conduct of members of criminal tribes and make recommendation under rule
24 to the District Magistrate for the cancellation of the registration of men
who have reformed and for the registration other who may have reverted to
crime.
23.30. Proceedings under section 110, Criminal
Procedure Code or Act V of 1981.
(1)
When
the history sheet of a bad character furnishes sufficient material, a report
shall
be prepared in
Form 23.30 (1) with a view to his being called upon to furnish security under
section 110, Code of Criminal Procedure, or restricted under the provision of
the Habitual Offenders Act (V of 1981) the preparation of such reports shall
not be undertaken without the orders of gazetted officer or inspector. When
possible a number of such cases shall be prepared and collected for
presentation to the magistrate of the Ilaqa
on tour at some place near the home of the accused persons and
witnesses.
(2)
Proceedings under section 1110, Criminal
Procedure Code, against Zaildars, Lambardars and Inamdars require the special
order of the District Magistrate (Chapter 3, paragraph 19 of High Court Rules
and Orders, Volume III).
23.31. Surveillance records confidential.-- All
records connected with police surveillance are confidential; nothing contained
in them may be communicated to any person nor may inspection be allowed or
copies given, save as provided in Police Rules. The right of District and Ilaqa
magistrates to examine such records are governed by rules 1.15 and 1.21, and
the rules regarding their production in court are contained in Chapter XXVII.
23.32. Preventive action under sections 151 and 107,
Code of Criminal Procedure.
Section 151, Code of Criminal Procedure, empowers a
police officer knowing of a design to commit any cognizable offence to arrest
the person so designing, if it appears to such officer that the commission of
the offence cannot otherwise be prevented.
There are the only circumstances under which the law
empowers police officers to interfere in disputes between individuals have
interested parties, or the zail of village officials, complain of apprehension
of a breach of the peace.
Police officers have no power to investigate
formal/complaints under section 107, Code of Criminal Procedure, except as
provided in section 23, Act V of 1861. They shall, however, be on the constant
look out for genuine information of disputes likely to lead to a breach of the
peace. Such information, whether collected direct or received by complaint at
the police station, shall be recorded in the daily diary, and a copy of the
complaint forwarded without delay to the magistrate of the ilaqa, unless an
immediate breach of the peace is anticipated, when the officer in charge of the
police station shall act under section 151, Code of Criminal Procedure, on his
own responsibility. Government has held that it is important that magistrates
receiving such reports from the police should give immediately to them their
close and personal attention and take suitable action on the merits of each
report.
Complaints of this nature made to superior police
officers shall not be endorsed for enquiry by officers in charge of police
stations unless it is anticipated that action under section 151, Code of
Criminal Procedure, will be required and in no case shall endorsed complaints
be despatched to officers in charge of police stations by hands of the
complaints or informants or otherwise than through a strictly official agency.
Complainants in cases in which no action under section 151, Code of Criminal
Procedure, appears necessary shall be referred to the Magistrate of the ilaqa.
23-33. Convicts
released before expiration of sentences under the Prisons Act and remission
rules. The Government of India have decided that all remissions earned under
the remission rules by prisoners of any class in jail are to be considered
absolute and not to be made subject to the imposition of any conditions.
As it is desirable, however, for the police to be
apprised of the release of such convicts, a descriptive-roll in From 23-23 of
all such convicts will be sent by the Superintendent of Police of the jail to
the Superintendent of the district, of which the convict is a resident. The
Superintendent of Police shall, in an examination of all the relevant
circumstances, exercise his discretion as to whether any such convict shall be
subjected to police surveillance or not or whether preventive action is to be
taken by the preparation of a historty sheet or a personal file.
23-34. Convicts conditionally released
under section 401, Criminal Procedure Code. When a convict is to be
conditionally released under section 401, Criminal Procedure Code, the
Superintendent of Police will be supplied by the local Government through the
District Magistrate with-
(a) A certificate copy of the order of
conditional release with the date of release endorsed on it, and
(b) A descriptive roll of the convict.
(2) If
release is subject to conditions of police surveillance, the rules contained in
Appendix 23-39(1) shall be applied.
(3)
If
release is subject to other conditions and the police are required to take
measures to secure the observance of those conditions, the Superintendent of
Police shall issue suitable orders and instructions to subordinate officers
concerned.
23-35. Conditional
release under the Good Conduct Prisoners Probational Release Act (Punjab Act, X
of 1926).- (1) Under the terms of the Good Conduct Prisoners Probational
Release Act, convicts, other than those specially excepted by rules made under
the Act, may be selected to serve the concluding period of their sentences
outside jails limits in licensed and paid employment. Such employment may be
either under individual employment managed by Government.
(2) The
license under which convicts nmay be so employed is in a form prescribed under
the Act; it provides for the fixing of the residence of the convict, the
reporting of his movements, the restriction of such movements, and for his good
behaviour, and may be revoked for breach of these conditions. A convict whose
license is revoked is required to return to jail for the rest of the period of
his sentence, and if he absconds he becomes liable to additional imprisonment
up to two years.
(3) The
selection of convicts for probational release and their control in accordance
with the terms of the “Act and of the license is vested in a Reclamation
Officer and Probation Officers appointed by Government. The police have no
powers or duties in this respect. The Reclamation Officer is required, prior to
the release of a prisoner, to inform the Superintendent of Police of the
district where he is to be employed. A list of such convicts shall be
maintained by the officers in charge of police stations concerned in their
confidential note-books (rule 21-28) No surveillance shall by exercised by the
police over such persons who should be given every opportunity to take their
places as respectable members of society, but officers in charge of police
stations shall report, through the Superintendent of Police, to the nearest
Probation Officer, any reliable information received regarding the commission
of crime, absence or other breach of the comditions of release by them.
(4) The
Reclamation Officer or Probation Officers may call upon the Superinted of
Police to enquire into the conduct of convicts release on probation and to
render assistance in tracing, arresting and escorting to jail, persons who have
contravened the conditions of their license. Such requests shall be complied
with.
(5) The
release on probation and probable date of final release of P.R. convicts is
required to be intimated by the Superintendent of the jail to the
Superintendent of Police of the District in which such prisoner ordinarily
resides.
(6) Offences
under section 7 of the Act, viz., absconding from supervision or failing to
return to jail on the revocation of a license are cognizable by the police.
23-36. Release
notice of prisoners.- The following instructions regarding the disposal of release
notice shall be observed:-
(1) The release notices of prisoners classed
P.R.T. shall be forwarded by the Superintendent of the Jail direct to the
Assistant to the Inspector General of Police, Crime and Criminal Tribes,
Punjab, at least two months before the date of release.
(2) The release notices of prisoners classed
P.R. shall be made over by the Superintendent of the Jail from which such
prisoners are to be released to an officer to be specially deputed for the
purpose by the local Superintendent of Police. In the case of persons to be
released from the jail of the district in which they were convicted, the
release notices shall be made over to the police on the Saturday preceding the
dates of release. In the case of persons to be released in a district other
than that in which they are convicted, the release notices shall be made over
to the police at least one month prior to the dates of release.
23-37. Procedure
when release notices are receive.- (1) P.R.T. Convicts.- (a) On receipt of the
release notices of P.R.T. convicts, the Assistant to the Inspector General of
Police, Crime and Criminal Tribes, Punjab, shall take such action as may be
necessary in his office and shall then forward the notices in original, by
registered post, to the Superintendent of Police of the district of which the
criminal is a resident. The latter officer, on its receipt, shall cause it to
be entered at once in the district Finger Print Register prescribed in rule
34(1) of the Police Finger Print Bureau Manual and shall cause translations in
Form 23-37(1) to be despatched to the police station of conviction, if the
convict was convicted in his district, and to the police station of residence
as in accordance with rules all convicts classed P.T. are required to be released
from the jails of their home districts.
(b) If the
convict is a resident of another Province an Indian State, an extract of the
release notice shall be forwarded by the Assistant to the Inspector-General of
Police, Crime and Criminal Tribes, Punjab, to the Criminal Investigation
Department of the Province or Head of the State Police concerned.
(c) If the
criminal is a resident of the Punjab, but of a district other than that in
which he was convicted, the Assistant to the Inspector-General of Police, Crime
and Criminal Tribes, Punjab, shall also forward a copy of the release notice to
the district of conviction.
(2) P.R.
Convicts.- On receipt under rule 23-36(2) of release notices of prisoners
classed as P.R., the following procedure shall be observed:---
(a) In the case of a person to be released
in the district, of which he is a resident and in which he was convicted,
necessary entries shall be made in the District Finger Print Register,
information if Form 23-37(1) shall be sent to the Police Station of residence
without delay, and the release notice shall be filed.
(b) In the case of a person to be released in
the district, of which he is a resident on expiry of a sentence inflicted in
another district, the police station of residence shall be informed in Form
23-37(1), a duplicate copy of the release notice shall be prepared and
forwarded without delay to the district of conviction for completion of the
district Finger Print Register and the original release notice shall be filed.
(c) In the case of a person to be released
in the district in which he was convicted, but who is a resident of another
district in the Province or of Delhi, the North-West Frontier Province or any
of the Indian States referred to in Section 1(10), Police Finger Print Bureau
Manual, Part I, a duplicate copy of the release notice shall be prepared,
necessary entries shall be made in the Finger Print Register, and the original
release notice sent to the district or State of residence to be filed. If the
convict is a resident of a Province other than that of the Punjab, Delhi, or
North-West Frontier Province, or of an Indian State other than those mentioned
in Section 1(10), Police Finger Print Bureau Manual, or is of unknown
residence, or has no fixed residence, the original release notice shall be
retained and filed. All such notices shall be kept together in a separate file.
The release notice of a prisoner who has died shall be
forwarded by the Superintendent of Police of the district of which the prisoner
was a resident to the Finger Bureau for disposal and the name of such person
shall be erased from the conviction register.
23-38. Surveillance
over released prisoners.- (1) Within ten days a prisoner’s release the officer
in charge of the police station of residence shall report whether or not he has
returned to his home.
(2) If the
release notice refers to a convict classed ‘P.R.T.’ the Superintendent shall
take suitable measures to have such convict shadowed and shall note the
substance of any orders issued in this connection in Form 23-37(1) sent to the
police station.
(3) Should
a release notice refer to a person convicted of an offence on the Railway, an
extract shall be sent by the Superintendent of the district of which such
criminal is a resident to the Assistant Inspector-General, Government Railway
Police.
23-39. Released
convicts with regard to whom order under section 565, Code of Criminal
Procedure, has been made.- (1) The mode of surveillance over released convicts
in regard to whom an order under section 565, Code of Criminal Procedure has
been made is described in Appendix 23-39(1).
(2) Changes
of residence of such convicts shall be entered in their history sheets and
reports thereof made in Form 23-39(2).
(3) On the
expiration of the which the surveillance of a released convict is ordered the
Superintendent shall exercise his discretion as to whether such prisoner’s name
shall be transferred to Part II of the Surveillance Register or not.
23-40. Control
of professional criminals.- (1) Files of important cases of a special type
shall be maintained in the Crime Branch of the Criminal Investigation
Department, together with History Sheets of important provincial criminals, and
a brief account of the offences for which convicted. The class of offences in
which such records are to be maintained are:---
(a)
Administering
stupefying drugs with intent to rob;
(b)
Offences
relating to coin, counterfeiting coin and the forgery of Government Currency
Notes;
(c)
Professional
cheating;
(d)
Dacoities
and offences committed by professionals, such as gang burglaries,
(e)
Theft
of arms and ammunition;
(f)
Offences
committed by Criminal tribes;
(g)
Offences
indicating a special technique.
(2) Reports
of such cases, containing all important particulars shall be forwarded by
Superintendents of Police to the Assistant Inspector-General, Crime and
Criminal Tribes as they occur.
23-41. Distribution
of professional criminals.- On the conviction of a gang of professional
criminals the Superintendent shall, if he considers such a course advisable,
forward to the Superintendent of the Jail or submission to the
Inspector-General of Prisons a recommendation giving the names of names of
members of the gang who should be separated and confined in different jails.
A copy of such recommendation shall be forwarded to
the Deputy Inspector-General, Criminal Investigation Department.
23-42. Pathan
immigrants.- Certain sections of Pathan immigrants to the Punjab are addicted
to crime; all such immigrants, whether nomadic or settled in towns and
villages, should therefore, be observed, and either through the agency of their
own headmen, or the headmen of villages, where they are settled, enquiry should
be made with a view to ascertaining their antecedents. Should any such
immigrants be suspected of criminal propensities, information should be sent,
as early as possible, to the Assistant to the Inspector-General of Police,
Crime and Criminal Tribes, who is in a position to supply the district police
with the services of an experienced officer.
Extracts from a note on Pathan
immigrants, prepared in 1962, are printed as Appendix 23-42 for the guidance of
district police officers.
23-43. Control
of traffic- in police station jurisdictions.- Police officers attached to
police stations shall pay attention to the control of traffic on the roads
their jurisdiction. It is part of the duty of officers present at police
stations to take legal action in respect of traffic offences committed by
traffic passing the station house and similarly themselves to take cognisance
of or report all such offences, which may come to their notice while travelling
in their jurisdiction.
By constant warnings and prosecutions under the
appropriate sections of the Indian Penal Code, or special laws, in flagrant or
recalcitrant cases, the amenities of traffic can and shall be ensured. The
keeping of slow-moving traffic to the side of the road; the prevention of
obstructions of the road by gross overloading of carts the prevention of
cruelty to animals and overloading of tongas; the enforcement of the rules
under which public motor vehicles are allowed to ply, especially in respect of
authorized loads, display of the required particulars on vehicles, validity of
permits and driving licenses, and legibility and correct position of
registration plates are all parts of the duties of the staffs of police stations. Supervising officers shall
insist on the proper performance of these duties.
23-44. Conditions
of colony tenancies.- Superintendents and other gazetted officers serving in
colony areas should axquaint themselves with the conditions regulating the
tenure of land in such areas. Under these conditions Government usually demands
active loyalty from all occupiers of land, and reserves powers of forfeiture of
tenancies or restriction of rights as a punishment to individuals or
communities, which fail to render assistance in the suppression of crime.
Details instructions on this subject are contained in notifications published
from time to time in the Punjab Government Gazette, or in orders issued by the
Financial Commissioners which are available in the offices of Deputy
Commissioners.
APPENDIX NO 23-39(1)
No. 7336 CH-Jails) dated Lahore, the 6th
March, 1931
From - The Home Secretary to Government, Punjab.
To- All Commissioners of Divisions and Deputy
Commissioners in Punjab.
Police
surveillance over released convicts in regard to whom an order has been made
under section 565 of the Code of Criminal Procedure.
I am directed to forward the accompanying rules framed
by the Governor in Council under the provisions of sub-section 3 of section 565
of the Code of Criminal Procedure, 1898.
2. The
following instructions are issued with a view to explain the procedure more
fully:-
(1) In every case in which a criminal court
makes an order under section 565 of the Code, directing that the person
sentenced to imprisonment shall notify his residence and any change of
residence after release, a copy of such order will be transmitted by the court
passing the sentence and order, with the warrant of commitment issued under
section 384 of the Code to the officer-in-charge of the jail or other place in
which the prisoner is, or is to be, confined. The Honourable judges of the High Court have been asked to
issue instructions regarding this.
(2) Not less than fourteen days before any
prisoner, in regard to whom an order under section 565 of the Code has been
made, is to be released, the officer-in-charge of the jail or other place in
which such prisoner is then confined shall explain to the prisoner the nature
of the order and the requirements of the rules, and shall call upon him to
state the place at which he intends, after his release, to reside. The
officer-in-charge of the jail or other place of confinement will thereupon
inform the Superintendent of Police of the district in which such jail or other
place of confinement is situated of the name and other particulars necessary
for the identification of the prisoner and also of the place at which such
prisoner intends, after his release, to reside.
(3) The
District Superintendent of Police will cause intimation to be given,---
(a) if the place at which the prisoner
intends to reside is situate within his district,- to the officer-in-charge of
the police station within the local limits of which such place is situate; and
(b) if such place is situated in any other
district,- to the Superintendent of Police of that district, who will take
action as in clause (a).
(4) The
rules provide that every released prisoner to whom they relate shall give not
less than one day’s notice of any intended change of residence to the
officer-in-charge of the police station within the local limits of which the
place, at which he is then residing, is situated. Within twenty-four hours of
his arrival at his destination the prisoner is further required to notify the
fact of his arrival to the officer-Incharge of the police station within the
local limits of which the new place of residence is situated.
(5) The intimations required to be
given by rules II, III and IV are ordinarily to be made personally by the
released convict, at the proper police station. If any suchconvict is for any
sufficient reason at any time unable to do this, or if the District Magistrate
exempt a prisoner from personal attendance for this purpose, the intimation may
be made in writing or in such other manner as the District Magistrate may
prescribe in this behalf.
(6)
Breaches
of the rules are punishable under section 176 of the Indian Penal Code.
(7)
The
Inspector-General of Police will issue detailed instructions for given effect
to the rules in the Police Department.
3.
This
cancels Punjab Government circular No.5-396, dated the 13th March, 1901.
Notification
The 6th March,
1931.
No. 7335.- In exercise of the powers
conferred by sub-section (3) of section 565 of the Code of Criminal Procedure,
1989, the Governor in Council is pleased to make the following rules regulating
the notification of residence or change of or absence from residence by
released convicts in regards to whom an order has been made under sub-section
(1) of section 565 of the said Code.
Punjab
Government notification No.395 (H-Judicial), dated the 13th March,
1901, is hereby cancelled.
Rules
Released convicts to observe rules:- I.
When, at the time of passing sentence of transportation or imprisonment on any
person the Court or Magistrate also orders that his residence and any change of
residence after release be notified for the term specified in such order, such
persons shall comply with and be subject to the rules next following. In these
rules a person released subject to an order of the nature hereinbefore
described is called a “released convict.
Released Convicts to notify, at the time
of release, intended place of residence to releasing officer:- II. Every
convict in regard to whom an order has been made under section 565 of the Code
of Criminal Procedure, 1898, shall not less than fourteen days before the date
on which he is entitled to be released, notify the officer-in-charge of the
jail, or other place in which he may or the time being be confined, of the
place at which he intends to reside after his release.
Released convict to notify intention to
change first residence at local police station.- III. Whenever any released
convict intends to change his place of residence from the place which be
specified at the time of his release as the place at which he intended to
reside to any other place, he shall notify the fact of such intention and the
place at which he hereafter intends to reside, not less than twenty-four hours
before he so changes his residence, to the officer-in-charge of the police
station within the jurisdiction of which he resides at the time when he
notifies his intention to change his residence.
Released convict to similarly notify all
subsequent intentions to change residence.- IV.
Whenever any released convict intends to change his place of residence
from any place at which he may, at any time, be residing, under the provisions
of rule III, he shall notify any intended change of residence in the manner in
that rule provided.
Period to be appointed for taking up residence. In
default the convict to notify his actual residence.- V. The officer recording a
notification under rule II, rule III or rule IV, shall appoint such period as
may be reasonably necessary to enable the convict to take up his residence in
the place notified. If the convict does not take up his residence in such place
within the period so appointed he shall, not later than the day following the
expiry of such period, notify in person his actual place of residence to the
officer-in-charge of the police station within the limits of which he is
residing.
Released convict to notify the fact of his
having actually taken up his residence at the place specified under preceding
rules.- VI. Every released convict shall, within twenty-four hours of his
arrival at the place of residence notified under rule II or rule III or rule
IV, notify the fact of such arrival to the officer-in-charge of the station
within the jurisdiction of which such place of residence is situated.
Particulars of place of residence to be
supplied.- VII. In notifying places of residence under these rules released
convicts shall-
(a) if the place of residence is in a rural
tract-specify the name of the village, hamlet, or locality of such place, and
the zail, thana, tahsil and district within the limits of which such place is
situated;
(b) if the place of residence is in a town or
city-specify the name of the town or city and the street, quarter and
sub-division of the town or city within the limits of which such place is situated.
Manner of notifying changes of residence.- VIII. Every
notification to be made by a released convict under rules III, IV and VI,
respectively, shall be made by such convict personally at the proper police
station:
Provided that,---
(a)
The
district Magistrate may, by order in writing exempt any released convict from
the operation of his rule and may permit such convict to make such
notifications in writing or in such other manner as the District Magistrate
may, in such order, prescribe in that behalf.
(b)
If
from illness or other unavoidable cause, any released convict is prevented from
making any notification required by these rules personally at the proper police
station, he may do so by written communication addressed to the
officer-in-charge of the proper Police Station. Such communication shall state
the cause of his inability to attend in person at the police station, and shall
before it is transmitted to the proper police officer, be attested by a village
headman or other village officer.
Note:- These rules will also be applicable to special
orders of police surveillance issued by the local Government in the cases of
prisoners conditionally released before the expiry of the term of their
sentence.
Subsidiary Rules issued in the Police Department.
1.
In
the case of wandering individuals with no fixed “abode”, an absence of one
night or more will be considered to constitute a change of residence, except
when the absence is due to a summons issued by a Civil, Criminal or Revenue
Court, or to an order issued by a competent Civil authority. All other cases
must be decided on their merits and no hard and fast rule can be laid down. It
will be necessary to show that the change of residence is of a permanent or
quasi-permanent nature. Mere absence from home for day or two does not
constitute a change of residence.
2.
In
case in which at the time of notifying “change of residence”, the released
convict reports his intention to return to the existing residence already
notified under rule II, III or IV within a period of one month such change
shall be called “temporary change of residence”.
3.
When
the Superintendent of Police receives an intimation from the officer-in-charge
of the jail of an intended place of residence notified to the latter under Rule
II, he shall at once forward a copy thereof to the officer-incharge of the
police station within the jurisdiction of which such place is situated. This
officer will, immediately upon the arrival of the released convict, report the
date thereof to the Superintendent of Police.
4.
When
a released convict notifies a change of residence or a temporary change or
residence to the officer-in-charge of the police station, the particulars
required by Rule VII shall be entered in Form 23-39(2). The officer-in-charge
of the police station will deliver a copy thereof to the released convict and
will forward the original to the officer-in-charge of the police station within
the jurisdiction of which the released convict has intimated has intention to
reside. The latter officer, on arrival of the released convict, will fill up
column 6, and, in the case of the residence being of a permanent character,
will at once return the form to the police station from which he received it.
In case the residence is to be of a temporary character, he will retain the
form until the convict reports his departure, when column 7 will be filled up
and the form returned to the police station of issue.
5.
On
arrival at the police station within the jurisdiction of which his new
residence is situated, the released convict will produce his copy of the form
and get the date of his arrival entered in column 6. In the case of a permanent
change of residence his copy will be returned to him at once. In the case of
temporary change of residence, it will be kept until the date of departure is
verbally reported. Column 7 will then be filled up, and the copy will be
returned to the released convict to make over to the officer from whom he
originally received it.
6.
The
names of such released convicts will be entered in the surveillance register
(Police Station Register No. X).
APPENDIX No. 23-42
NOTE ON THE CONTROL OF PATHAN IMMIGRANTS TO THE
PUNJAB.
I.
The
temporary sojourn in the Punjab of large number of nomad or semi-nomad Pathans
results annually in crime, the importance of which is disproportionate to its
actual amount. Such crime, if it remains unpunished, is bound to have a
demoralizing effect on the criminal administration of the districts concerned.
II.
The
extent of the Pathan Immigration. -- The first step towards controlling the
criminal propensities of pathan immigrants is to appreciate the extent and main
components of the annual influx. Exact figures are not available, but, from
what is known of the numbers of Afghan subjects entering British India by
various Passes, it is safe to take 100,000 as a conservative estimate of the
extent of this immigration alone. The whole of this number does not come east
of the Indus. The majority of families remain for the winter in the districts
of the North-West Frontier Province and a proportion of the able bodied males
also find employment in that province. On the other hand a large number of
Pathans, not included in the estimate given, enter or pass through the Punjab
every year from the independent tribal territory and the settled districts of the
North-West Frontier Province. The number in this latter category probably fully
equals that proportion of Afghan nomads which remain west of the Indus; so
100,000 is a reasonable figure at which to place the total of those with whom
the Punjab is concerned.
It has been suggested, from time to time,
that all these immigrants should be register by some means or another on
entering British India. Such a measure could be put into force at the cost of
considerable special expenditure and special organisation on the part of
Government, and of wholesale interference with the normal movements of the
seasonal migration. A study of the subject shows that registration would not
lead to the desired results and is not necessary.
III.
The
composition of the immigration. -- The main division of Pathans who habitually
visit India may be briefly described as follows:---
A Afghan subjects and residents of independent Tribal
Territory.
1.
Northern
Ghilzais, Ningraharis, & c., who enter India via Khyber Pass and Kurram
Valley. These are mainly camel drivers or labourers, and the vast majority of
them give no trouble. Occasionally a gang of bad characters from this class is
formed, and, the crimes committed by such a gang are often of a particularly
violent nature.
2.
The
Southern Ghilzais or “Powindahs”, who enter India mainly by the Tochi and Gumal
Valleys. These tribes usually leave their families in the Derajat, while the
men disperse over the length and breadth of India, trading in cloth or other
goods and, with their camels, acting as carriers on a large scale. From the
point of view of general public security in the Punjab, this vry large class
may be classified as non-criminal. They dabble in the arms and forged note
traffic and are said occasionally to be addicted to misappropriation of goods
entrusted to them as hired carriers. On rare occasions parties which have made
their permanent winter encampments in the Mainwali district instead of in the
Derajat, may be concerned in a dacoity. The control of such parties, however,
is a purely local problems, which the lines stereotyped by long usage in the
neighbouring trans-indus districts.
3.
Tribal
contingents from Khost and other parts of the Afghan Province of “Simat-i-Janubi”.
On the basis of information at present available this division of immigrations
appear to be one of the main causes of concerned from the point of view of
crime. It includes various tribes, but the jadrans (or Zadrans) come in the
greatest numbers to the Punjab. These tribes have in the post given but
nebulous allegiance to Kabul and have been a perpetual source of trouble both
to their own Government against which they were in open rebellion in 1924 - and
to the Frontier Province Administration. They are, for the most part
exceedingly poor and, compared with most Pathans, degenerate, but hardy. Those
who come to the Punjab in the winter scatter all over the Province, but chiefly
in the North-Western Districts, in small parties, often with their families,
and include a high proportion of criminals. The nature of their activities and
proposals for their control will be discussed later.
4.
Immigrants
from among the Baluchistan Tribes. -- There is record of occasional crime by
this class, and their habits and composition require study.
5.
Immigrants
from North-West Frontier Province Tribal Territory. -- This class is distinct
from the various categories of Afghan subjects, in that their influx into India
is in no sense tribal. Adult males from almost all the trans-border tribes come
to or through the Punjab in numbers which vary according to the characteristics
of the various tribes and to locally prevailing conditions, but they all come
in their individual capacity in search of a temporary livelihood. In the Punjab
this class usually finds its way to the scene of work on big contracts. The
class includes many habitual criminals, whose control demands special measures.
B. British subjects from the Districts of the
North-West Frontier Province.
This
second main division should, for purposes of applying suitable control be
subdivided into various categories, but it will suffice here to consider it as
one, especially as the greater number of immigrants belonging to it come from
the Northern districts of Hazara and peshawar.
The
main feature of this class is that it includes a large number or habitual
offenders of two kinds; (a) men who desire to escape the attention of the
Police at their homes, (b) men who, to ensure immunity in a deliberately
criminal career in the Punjab and other Provinces, are scrupulously careful of
their reputation at their homes.
There
is one more category of Pathans which must not be oerlooked in considering this
subject. In many of the large towns of the Punjab there is a considerable
number of Pathans permanently settled. Their status varies from that of substantial
contractors to tea-shopkeepers or tonga drivers. Their importance lies in their
position as “contracts” between wandering Pathans and local people or local
knowledge.
IV. The nature of crime attributed to Pathans.
-- The classes of crime committed by Pathans may be summarized as follows:---
(1)
Raids
by gangs formed in independent territory and descending to commit a specific
offence, retiring thereafter back to independent territory. On the grounds of
the history of such cases it is an absolutely fair statement to say that, if
there are no Punjabi outlaws in tribal territory, there will be no raids of
this nature. Between 1915 and 1923, Mahsud gangs harried in the Isa Khel
tahsil, led by Kulu, and Isa Khel outlaw. The attock district has suffered when
its own outlays have been living with Kohat Pass Afridis and have led gangs
from there attock and rawalpindi surrefed in the years before the War. When
Sultan, a Rawalpindi outlaw, was in the black mountain and when Fazlo and his
gang were with the Gaduns. The recent Hassanabdal raid is a partial exception,
but the local “razdari” without which no raid is ever committed was provided in
that case by the employment of a Pathan (in fact an Afghan Shinwari) a
chowkidar - a form of imbecility which might will be prohibited. The prevention
of raids in the Frontier Province is mainly a matter of sustained activity
against outlaws. In the less complicated conditions in this respect in the
Punjab, similar action should provide an absolute preventive.
(2)
Dacoities
by gangs of Pathans residing temporarily in the punjab. This is one of the two
classes of crime by Pathans, which most requires special measures of
prevention. The first stage in evolving such measures is to ascertain the
circumstances in which and by whom this class of crime is committed and so to
concentrate preventive action where it can be effective.
(3)
House
breaking, animal theft and cognate offences committed by Pathans, Crime of this
type is usually due to large concentration of Pathan labour or to the formation
of a particular gang of expert criminals.
(4)
Specialized
crime carried on by Pathans alone or by Pathans and Punjabis in combination.
This now exists to a serious and dangerous extent, especially in respect of the
smuggling of excisable commodities and the traffic in arms, and undoubtedly
requires special measures of prevention.
V. Organisation. -- The foregoing summary
shows that the types of crime committed by Pathans and the criminal element
among the immigrants are readily defined. Control can be obtained through
concentration within these limits rather than by sweeping restrictions.
The primary needs is to make generally
available to the police in districts as much information as possible in regard
to this class of crime and to co-ordinate their methods of dealing with it. The
organisation to this end should be suited to the requirements of all India and
all that is needed is the development of existing machinery. Bombay and
Calcutta already have “Pathan Section” in the Crime Branch of their Criminal
Investigation Departments. The Punjab has the embryo of a similar section. The
North-Western Frontier Province have a section which devotes intensive
attention to the arms trade.
It has been mentioned that there is a
class of criminals, having their homes in the North-West Frontier Province
Districts, who have clean records at their homes, but make a profession of
crime in other Provinces. The record was published a few years ago of one such
individual against whom nothing was known at his home, though, when finally
arrested in the Central Provinces, some thirty serious crimes with violence
were traced against him; special attention is needed to ensure that, by the
proper use of History Sheets, Bad Character Rolls and Intimation Sheets, such
cases are brought under strict surveillance at their homes, and are treated
precisely as if they were locally troublesome. The not unnatural tendency, in
the absence of special supervision if for the local police to turn the blind
eye to such cases.
So far as residents of the administered
districts of the Frontier Province are concerned effective control of wandering
criminals is quite practicable, provided the normal police machinery for the
interchange of information is efficiently worked and followed by action in the “home”
Police Station under the security sections of the Criminal Procedure Code, and
for restriction of movement under the Habitual Offenders Act (which is in force
in the North-West Frontier Province) or under section 36 of the Frontier Crimes
Regulation. The control of these British subjects covers quite half the danger
field.
Where Afghan subjects and independent
tribesmen are concerned direct control is not easy, and wholesale scrutiny is
almost impracticable in view of the fact that the migration the autumn and
spring is compressed into a few weeks,
during which, literally, a torrent of humanity flows through the passes.
Friendly contact can be made with the Maliks and leading men of the vast
majority of well behaved immigrants, and, through them, much valuable
information and assistance in controlling lawless elements can be obtained. The
Pathan is peculiarly amenable to friendly cooperation of this nature, and
nothing is likely to be so effective in isolating the criminals from the well
behaved and bringing them under effective control, as the provision of a
sufficiency of officers in the Punjab, who understand enough about Pathans to
gain some measure of the confidence of the well conducted, and to inspire some
wholesome dread in the ill-disposed.
It appears essential that the Punjab
Criminal Investigation Department should have a Pathan section consisting of at
least 1 inspector, 1 sub-inspector and 4 or 5 head constables, obtained on
deputation from the Frontier Province with perhaps an element from Baluchistan.
Although the Pathan immigration is a matter of the winter months only, it will
be shown that the staff suggested could be most usefully and fully employed
throughout the year. This section of the Punjab Criminal Investigation
Department and similar sections in other provinces which suffer from Pathan
criminality should work in the completest co-operation with the Peshawar
Criminal Investigation Department, by exchanging information, by seeing that
information is both made available to and used by districts, and in devising
and operating methods to meet different varieties of crime. I is noticeable at
present, both that ridiculously little information is generally available on
the subject of Pathan crime, and that what little has been made available is
not acted upon. The Criminal intelligence Gazette should be much available is
not acted upon. The Criminal Intelligence Gazette should be much more freely
used both or the publication of particulars of individual suspects, for general
information regarding he habits and modus operandi of different gangs or
classes of Pathans and for instruction in regard to methods of prevention and
detection. The Pathan experts in the Criminal Investigation Department should
also be used, especially during the winter, in touring where Pathans are
settled either in villages or on big contracts, with the object of bringing the
local police into touch with the settlers, marking down and initiating action
in respect of bad characters among them, and assisting in the investigation of
cases in which Pathans are suspected to have been concerned.
To supplement this small body of experts
it is suggested that selected sub-inspectors of the Punjab Police might be sent
in batches of 4 or 5 every year for a period of 3 months attachments to the
north-West Frontier Province. In this period they should cover as many of the
Frontier Districts as possible with the object of acquiring an elementary
acquaintance with th many different types of Pathans, and with their country
and language, Such selections would naturally be made chiefly from the
North-Western Districts of the Province, as these are most closely concerned.
It would be advantageous that these Punjab officers should be attached
definitely to an experienced inspector in each Frontier District which they
visit, so that one individual may be responsible for giving them the most
comprehensive instruction and hints. In some instances in the past, district
such as Sargodha have obtained the loan for one or more Pathan Non-commissioned
Officers direct from one of the Frontier Province District; this is a useful
supplement to other measure suggested. The object of the deputation to Frontier
Districts is to meet to some extent the present practical difficulty in Pathan
cases. There is often no single police official in a district who knows enough
about Pathans to make even the simplest enquiries from them or to distinguish
between a powindah and Peshawari. With the machinery improved on the lines
suggested it would become possible systematically to tackle the various classes
of crime and professional criminals which have been described.
VI. Preventive measure. -- Dacoities other
than raids, are committed by two main classes of Pathans, the poverty-stricken
laborers from Khost, who have been already described, and bad characters mainly
from the Peshawar or Hazara District. All such cases should be regarded as
requiring Criminal Investigation Department assistance in their investigation,
in order that all the resources of “Intelligence” on the subject may be brought
to bear and that gang ramifications may be thoroughly sifted with a view not
only to convictions in isolated cases, but comprehensive preventive action.
Investigations now proceeding the Western Range afford instances both of the
benefit of coordinated and the defects of isolated action. From the pooling
investigations in several districts it is now clear--and there are good ground
for hope that the case can be proved -- that for years past dacoities of a
particular type have been committed, to the number of a about a dozen annually,
by the “badmash” element of one or two small sections of the Jadran tribe from
Khost. The culprits probably amount to not more than 60 or 70 in all, from
which total, gangs 5 to 20 in number have been habitually formed for committing
specific dacoities at places previously spied out by individual members of the
fraternity. More than 40 arrests have been made of persons suspected to belong
to this criminal group, but, before cooperation could be fully set going,
several of these suspects had been released by individual districts, because in
their own particular cases, evidence for prosecution was lacking. The
investigation is now being controlled by the Criminal Investigation Department,
and special assistance has been obtained from Peshawar. It is premature to
recommended any particular action, but apart from the possibilities of
individual or gang, prosecutions, it seems probably that it will be possible to
put forward a strong case for excluding the particular Afghan-tribes concerned
from India for a term of years, or for registering it as a “Criminal Tribes” in
the Punjab.
This investigation affords a clear
indication of the process by which special staff of exports should be able, by
investigations into the habits of all classes of Pathan immigrants, to
eliminate the well behaved and concentrate on the genuine criminals. The action
to be taken where dacoities are being committed by Pathans of British territory
is, as has already been indicated, merely the thorough application of normal
police procedure.
The use of the provisions of section 109,
Criminal Procedure Code and of the Foreigners Act have repeatedly been
advocated for controlling suspected Pathans. The former is not a very valuable
weapon when almost every Pathan found in the Pujab is able and willing to earn
his living by honest labour and can always produce evidence to that effect. The
use of the Foreigners Act is confined to
Afghan subjects and independent tribesmen and their deportation to the Frontier
is of no avail if they return immediately to another part of the Punjab, where
the chances of their suffering the penalty of violation of the expulsion order
are negligible. There the Foreigners porting from the Punjab, merely on
suspicion, a resident of one of the administered districts of the Frontier
Province, but, whenever a a conviction, even under section 109, Criminal
Procedure Code, or in a trivial offence, has been obtained against such an
individual, it is possible to get him back to his home by classfying him for
transfer to his home jail for release (i.e. P.R.T.). The Regulations might will
be amended, if necessary, to permit of this being done. Police co-operation
would ensure that a habitual criminal so transferred would be restricted on
release from jail.
The next category requiring attention is
the gang labour under contractors. This branch of the subject requires detailed
study by the expert staff. It appears that these labour gangs are on the whole
well behaved--though if memory serves, Pathan labour gave considerable trouble
when the Upper Jhelum Canal was being dug. Lately they have come chiefly to
notice in connection with fairly petty thefts of cattle, contractor’s donkeys
and so on. There is no doubt, however, that dangerous criminals are likely to
be found among such gatherings--both men who will commit skilled or violence
crime and men who desire to disappear from a serious hue and cry elsewhere.
Labour contractors--often themselves Pathans--or ‘Jemadars’ should be made to assist
the police in shifting the antecedents of their men, reporting suspicious
absences, etc. Police activity of this sort requires to be conducted with
considerations for the requirements of the Public Works Department or other
authority responsible for the work; it would be as well for general
instructions, which would meet police requirements in the matter, to be worked
out in consultation with the Public Works Department.
Specialised crime, in which Pathans are
prominently concerned, consists mainly of traffic in arms and in Afghan opium
and similar excisable commodities. Each such branch of crime obviously requires
special attention, for bestowing which the suggested Pathan section of the
Criminal Investigation Department is the most suitable agency. It is impossible to discuss the
details of this class of crime within the scope of this note, but two special
features of it may be noted. It exists because there is on the Frontier a
source of supply to meet a Punjab demand, and there is a close association
which does not exist in other classes of
‘Pathan crime’ between Punjabis and Pathans to the extent that Punjabi
frequently visit the Frontier Province to make their illicit purchases. It is
clear, therefore, that while the co-operation of the Frontier Province
Administration in controlling such entrepots of illicit trade as the village of
Jam in the Khyber Agency is called for, it is equally necessary in the Punjab
to attack the local traders in and purchasers of the goods obtainable from
these sources. A further point worth recording is that the extension of this
class of smuggling is a natural consequences of the permanent location of
Punjabi troops in a large number of outposts and Cantonments beyond the
Administrative Frontier. Before 1915 al these areas were garrisoned solely by
local irregular corps. Troops all in Cantonments in British territory where any
illicit traffic between Punjabi soldiers and local residents was bound to come
to the notice of the district police before it developed to any serious extent.
Now-a-days there is absolutely no effective check on the doings of the
thousands of Punjabis cantoned in Waziristan and the Khyber. They are in
continuos contract with local residents, who have access to camps and
cantonments on a hundred legitimate excuses; it is little more difficult for
the sepoy to buy a revolver or a seer of opium than it is for him to buy a seer
of milk. The police are helpless; they cannot except on the strongest of
grounds and with the permission of the military authorities, search sepoys
going on leave through Bannu, Dera Ismail Khan, or Peshawar.
An important aid to the control of Pathan
criminals generally is that the police (both the special staff and the district
police) should acquire as full a knowledge as possible of Pathan who carry on
permanent occupations in the Punjab and should cultivate such relations, as
will ensure access to all information of importance, with such local residents
as have special contract with Pathans. In Many Punjab towns there are a considerable
number of Pathans settled both in respectable commercial positions and as tonga
drivers, tea-shopkeepers and so on; there are also numerous traders, both Hindu
and Muhammadans who have a regular Pathan clientele. It is to the houses or
shops of more respectable of such persons that Pathan; seeking work or passing
through a town habitually resort for help, for news of their friends and for
lodging. Respectable people of this sort, and keepers of tea-shops or lodging
houses are frequently used as accommodation addresses for correspondence
between Pathans including those who are
criminally associated.
While friendly relations with the better
class resident Pathan, and other ‘contracts’ such as those mentioned, would
open up many sources of valuable informations, the less respectable resident
Pathan community requires more direct supervision, both as regard personal
character and associates and visitor. Some of these resident Pathan doubtless
commit crime themselves, but it is mainly in connection with the disposal of
property stolen by ‘immigrants’ and harbouring the latter before and after the
commission of offences, that they are important.
Though the foregoing review shows that the
criminal activities of Pathans in the Punjab are not amenable to control by
such a method, it is worthwhile to consider briefly the available experience of
wholesale-registrations. Afghan Passport Regulations have been in existence for
some years, including a special from of passport for nomads and drivers of
wheeled or animal transport only. Therefore, every emigrant from Afghanistan
who comes within these categories is bound to provide others particulars and a
record of the dependents accompanying him. The fee is Rs.2 and the passport
includes the usual request to the officials of friendly Governments to afford
the bearer assistance and protection. A considerable proportion of Afghan
subjects entering India now-a-days possess these passports. Such persons, when
asked, never mention the sum of Rs.2 as the fee; it is always from Rs.3 to
Rs.5. The passports are signed by petty ‘Moharrirs’ they are but little grantee
of identity and none whatever of character. The revenue which they bring in may
be of some value to the Afghan
Government and to its servants. This aspect of the matter is the only incetive
to force them upon as many travelers as possible, but whole classes, which do
not pass the headquarters of a Hakim on their way to India, never receive a
passport. On the other hand evidence is already appearing of a tendency on the
part of subordinate police, village headmen and even Magistrates to regard
these Afghan passports as guarantees at least of bona fides if not of good
character. When the criminal elements among the immigrants wakes up to this
state of affairs, they will take good care to provide themselves with insurance
policies against molestation, even though the issuing moharrir may raise the
premium immoderately. Instructions might well be issued that these Afghan
passports are of no value whatever as a guide to the character of the holder
and confer absolutely no immunity. In point of fact the issue of a passport in
itself of no value without the visa of the country to be traversed. No British
Indian visa is granted on the Afghan “ Nomads passport and its is understood
that the Government of India have definitely decided to exclude nomads entirely
from any system of passport control which may be enforced on the Indian side of
the Afghan border.
FORM No. 23-4(1) (d)
POLICE DEPARTMENT __________________ DISTRICT
SURVEILLANCE REGISTER NO. X
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1
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2
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3
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4
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5
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6
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7
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8
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9
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Serial No
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Name
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Persentage and caste
|
Name and serial No. of village
|
Number of History Sheet in a bundle
|
Date of entry
|
Brief reasons for entry and signature of office
|
Date
|
Name Struck of
Brief resons for Striking off, with signature of
officer
|
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|
|
|
|
|
|
|
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(To be drawn by hand on both sides of a foolscape size
register. Columns 1to 6 being on the right hand page and columns 7 to 9 on the
left hand. The heading to be in big type.
( Standard Form )
Dated
The 19 Superintendent of Police
|
CONFIDENTIAL
POLICE STATION ________DISTRICT
Notice to Headmen and Watchmen of village_____of
their duties under Section 18 and 19 rules of Government made under Section
39-A of Act IV of 1872 with regard to ________son, of ____, cast a resident of their village.
Signature of
Headmen and watchmen
Signature of
Officer in charge of Station
Date________19
|
CONFIDENTIAL
POLICE __________________DISTRICT
To the Headmen and Watchmen of village_________Be
informed that the person named on the reverse of this notice who is a
resident of your village, is a bad
character and suspicious person within the meaning of Section s18 and 19 of
the Rules of Government made under Section 39-A of Act IV of 1872, and has
been entered, by order of the Superintendent o Police, in the keep a watch on
such person and Police Station. Under the said section you are bound to keep
a watch on such person and his associates, and to report to the police his
movements or his associating with individuals of bad repute or ceasing to
obtain a livelihood by honest means. You are further required to report
forwith the absence of such bad character at night and you are liable under
section 43 and 44 of the said rules of Government if headmen of imprisonment
with or without hard labour for term not exceeding three months or fine not
exceeding Rs. 300 or with both and if watchmen, to imprisonment with or
without hard labour for a period not exceeding three months or with fine not
exceeding three months pay or with both on conviction for willful neglect of
these duties.
|
( To be printed in vernacular and bound in books of
100 pages)
POLICE STATION_______________ ____________DISTRICT
History Sheet
Name_________________alias ____________son of
___________cast______________
Resident of ____________age__________________
Number of F.P Slip ( if prepared
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1
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2
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3
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4
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Serial Index No. in Register
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Date of entry
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Description
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Property and mode of earning livelihood
|
|
|
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Property ( Houses, shops land etc) Mean of livehood
( Trade shop-keeping, labour, cultivation etc.
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Names and addresses of relation and connections
dependent on him
Names and address of associates
In case the name has not been entered in Register No.
X column I will remain blank
Description of the crime to which believed to be
addicted.
CONVICTIONS
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Serial No.
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Name
and residence of the complainant
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Reference
to F.I.R. and name of Police Station
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Law
or Section of Law
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Details
of the convictions, with the dates of convictions and the names of courts
deciding the cases
|
|
|
|
|
|
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PART-1
Written
or oral suspicions.
|
Serial No.
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Name
and residence of the complainant
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Law
or Section of Law
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Reference
to F.I.R. and name of Police Station.
|
Brief details of reasons leading to the suspicion of
house search e.g., track evidence, deception of panchayat, enmity with
complainant, demand of illegal gratification or any other reason to be
entered in full
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PART-II
Particulars
of movements.
Every
Entry should be attested and date by the officer making it.
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Serial No.
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Suspicions
whether written or oral
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Informationregarding
the particulars of movements of general notes as given by the station House
Officer
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Remarks
or orders by gazetted officers or other officers duly authorised
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FORM No. 23.14
(1) A
Index to History Sheets and Personal Files, Part I
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1
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2
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3
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4
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5
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6
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7
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Serial
No of History Sheet and Personal File
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Name
and father’s Name
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Village
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Date
on which Hisory Sheet was opened
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Whether
History Sheet is in A or B Bundle or on Personal File
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Date
on which History Sheet and personal File were transferred to another police
Station or destroyed
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Initials
of gazetted officer ordering transfer or destruction of History Sheet and
remarks
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FORM No. 23.14
(1) B
Index to History Sheets and Personal Files, Part II
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1
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2
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3
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Name
and Father’s Name
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Village
|
Serial
No. of Hisotry Sheet and Personal File
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|
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FORM No. 23.16
(2)
POLICE STATION
BOOK No. X-A- ROLL OF ABSENT BAD CHARACTERS
Annual Serial No.
REPORT OF ABSENCE OF DEPARTURE OF A BAD CHARACTER
UNDER SURVEILLANCE IN NO. X.
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1
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2
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3
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4
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1
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2
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3
|
4
|
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Serial
No.
|
Points
to be reported on
|
Serial
No.
|
Point
No.
|
Serial
No.
|
Points
reported
|
Serial
No
|
Points
reported on
|
|
1
2
3
4
5
6
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Name,
parentage, cast and descriptive marks of bad character.
No.
in Surveillance Register and number and description of previous convictions
Class
of offices he commits
Place
to which alleged to have going and for what purpose, with information as to his relations and
associates in such places
Date
and hour at which he left his village
and source of information i.e. whether the absence was reported by a
Lambardar, & C., or ascertained by a police officer
Date
and hour of dispatch of his report and whether sent by hand or by post
|
|
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1
2
3
4
5
6
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Name,
parentage, cast and descriptive marks of bad character.
No.
in Surveillance Register and number and description of previous convictions
Class
of offices he commits
Place
to which alleged to have going and for what purpose, with information as to his relations and
associates in such places
Date
and hour at which he left his village
and source of information i.e. whether the absence was reported by a
Lambardar, & C., or ascertained by a police officer
Date
and hour of dispatch of his report and whether sent by hand or by post
|
|
|
Form no 23.16. (2) -Contd.
Signature Signature
with designation and date.
Designation
Date
Acknowledge
of receipt.
( To be torn off and returned immediately on
receipt of report)
Bad
character No. X absence report No. _______________
Of
Police Station ___________District _________________
Was
received by meat ________A.M./P.M., on the _____19
Inquiries
are being made
Signature,
designations and date.
REVERSE
OF COUNTER FOIL
_____________DISTRICT
Report
on conduct and movements of the bad character
during
his absence specifying dates and hours of arrival
at
and departure from places visited, names and charac-
ter
of person visited and object of visits.
REVERSE OF FOIL
Reference
to subsequent reports
received
regarding this absence
FORM No. 23.16
(3)
POLICE STATION
REGISTER No. X-A- BAD OF CHARACTERS ROLL RECEIVED
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1
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2
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3
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4
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5
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6
|
7
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No.
|
Number
of Bad character roll and date of receipt
|
Police
station from which received
|
Name,
parentage and residence of suspect
|
Details
contained in roll received as to visit
|
Date
of return of roll with precis of reply
|
Action
taken, if any, such as entry in history sheets or personal files of
confederates, & C.
|
|
|
|
|
|
|
|
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FORM No. 23.16
(5)
POLICE
DEPARTMENT_______________ ___________DISTRICT
BAD
CHARACTER ROLL FOR PUBLICATION IN CRIMINAL INTELLIGENCE GAZETTE
The
bad character/ Conditionially released convict whose description is given below
has been absent from his home since_____________.,
He
is under police surveillance and it is likely that he will commit crime during
his absence:---
1.
Description,---
Name
________________, father’s Name _____________cast,
__________village _______________,
Police
station_______________Date of bith,____________Height
_________feet_________inches______
Building
_________Complexion
II.
Conviction on record-
(1)
(2)
(3)
IV.
Probable
associates, relatives and resorts-
(
Name of police stations and districts to be given in large type and
underlined).
(1)
(2)
(3)
V.
Form
of crime to which addicated and modus
operandi___________________________________
Superintendent
of Police,
______________District
FORM No. 23.17
(1)
POLICE
STATION_______________ ___________DISTRICT
INFORMATION SHEET
No.
___________________ Dated_______________________
Information
Sheet regarding _______________alias __________son of __________ Cast ______________
Resident of Village/Mohalla _____________Police station
______________district___________________ Age _________, height_____________particulars
marks__________________other details____________
Dated______________________ Sub-Inspector,
In charge of Police Station
Note:- The
reasons for believing that the person named is a habitual offender or a
suspected person to be given, on the lower half of the page and additional
sheets to be attached, if necessary.
(This form is to be printed bilingual in triplicate
for copying by the carbon process)
FORM No. 23.17
(2)
POLICE
STATION_________________ ___________DISTRICT
POLICE STATION REGISTER NO. XII
Information Sheet Despatched
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1
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2
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3
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4
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5
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6
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7
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8
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|
Date
of issue
|
Date
of issue of sheet
|
Name
of Police Station in which issued
|
Name,
parentage, cast and address of suspect
|
Full
description of suspect
|
Details
communicated in information sheet
|
Date
of return of sheet
|
Action
taken such as preparation of personal file or history sheet etc.
|
|
|
|
|
|
|
|
|
|
FORM No. 23.17
(6)
POLICE
STATION______________ __________DISTRICT
POLICE STATION REGISTER NO XII-A
INFORMATION SHEETS RECEIVED
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1
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2
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3
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4
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5
|
6
|
7
|
8
|
|
Date
of receipt
|
Date
of sheet
|
Name
of Police Station from which received
|
Name,
parentage, cast and address of suspect
|
Full
description of suspect
|
Details
communicated in information sheet
|
Date
of return of sheet
|
Action
taken such as preparation of personal file or history sheet etc.
|
|
|
|
|
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FORM NO.23.18(1)
POLICE DEPARTMENT DISTRICT
The
Station House Officer of Police
Station gives notice that
son of ,alias ,caste ,resident of village
,Police Station ,District ,whose
description is given below (and whose photograph is
at-of I.P.C,
F.I.R. No.
of 19
of Police Station District .
Action under Sections 87/88 C.P.C., is being taken
against this man and any person giving information leading to his arrest will
be rewarded.
Reward offered
Description--
Name ,age ,years ,build height complexion.
Characteristics, Mannerisms, & c.
District Serial No. of P.R. Slip if on record.
Probable associates and restores
He is reported likely to visit:-
1.
2.
3.
4.
5.
(Signature)
Station House Officer,
Police Station.
FORM No.23.20(1)
POLICE DEPARTMENT DISTRICT
PART 1-ABSCONDERS IN CASES REGISTERED IN THE
HOME DISTRICT
(Residents
of the home district to be written in red ink)
|
1
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2
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3
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4
|
5
|
6
|
7
|
8
|
9
|
|
Serial
No.
|
Name
of
absconder
|
Parentage,
caste and descriptive roll
|
Residence,
i.e., village, Police Station and district
|
Offence
|
F.I.Report
No. and date, place and date of offence
|
Reward
offered
|
Clues
to probable whereab-outs
|
Date
of
Arrest,
death,
cancellation
or
removal to proclaimed’
list
|
|
|
|
|
|
|
|
|
|
|
PART II.--ABSCONDERS IN CASES REGISTERED IN OTHER
DISTRICT BUT RESIDENTS
OF OR LIKELY TO VISIT, THE HOME
DISTRICT.
(Residents
of the home district to be written in red ink)
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
|
Serial
No.
|
Police
Station
or
district
submitting
notice
|
Name
of
absconder
|
Parentage,
caste
and
descriptive
roll
|
Residence,
i.e.,
village,
police
station
and
district
|
Offence
|
F.I.R.
No.
&
Date
place
and
date
of
offence
|
Reward
offered
|
Clues
to
prob-able
wher-eabo-uts
|
Date
Of
arrest,
death,
cancellation
or
removal
to
proclaimed
offenders’
list
|
|
|
|
|
|
|
|
|
|
|
|
FORM No.23.21
POLICE DEPARTMENT DISTRICT
REGISTER SHOWING PROGRESS OF ALL ACTION ABSCONDERS AND
PROCLAIMED OFFENDERS.
|
1
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2
|
3
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4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
|
Serial
No
|
Name,
Parentage
caste
and
residence
of the
absconder
|
F.I.R
No.
of-
ffence
and
police
station
|
Date of
absconding
|
A-Date
of app-
lication
for
war
rant of
arrest
B-Date
of
return
of war-
rant of
arrest
unex-
ecuted
|
Date
of
application
for
order
of
proclama-
ion
under
section
87,CPC
with
name
of
court
|
Date
of
publi-
cation
of
proclama-
tion
under
Sec.
87,
CPC.
and
steps
ordered
for giving
effect
to
procl-
amation
|
Date
of
issue
of
attach-
ment
order
under
Sec.88,
CPC,
and
name
and
design-
ation
of
officer
to
whom
is
sued
|
Detail
of
attach-
able
property
of the
abscond-
er and
date of
attachm-
ent
|
Action
of
Police
|
Property
attached
with date
of order
of court
|
Date
of
removal
to pro-
claimed
offend-
ers’
register
|
Remarks
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM No.23.22(1)
POLICE DEPARTMENT DISTRICT
REGISTER OF PROCLAIMED OFFENDERS UNDER SECTION 87,
CRIMINAL PROCEDURE CODE
|
1
|
3
|
3
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
Serial No.
|
Desc-
ription
|
Des-
cription
|
Des-
cription
|
Resi-
dence
|
Section
of
offence
|
F.I.R.
No.
And date
|
Police
Station
and
District
|
Detail of
Stolen
property
|
In the case of conditionally
released who
has been
declared proclaimed
offender:-
(1)
Offence
in which
conditionally
released
(2)
Village
in which released
(3)
Jail
from which
Conditionally released
(4) Date of release
|
|
10
|
11
Name of Relations whom the
proclaimed offenders in expected
to visit or enter in communication
|
12
|
13
|
14
|
|
(1) Place which the
accused has visited,
(2) Or is expected
to visit
|
In his own district
(1)
Names
(2)
Relations
(3)
Residence
|
In outside
district
(1)
Name
(2)
Relations
(3)
Residence
|
Reward offered for
arrest
|
District
Serial No
of P.R.
slip
|
REMARKS
|
|
|
|
|
|
|
|
FORM No.23.22(2)
DISTRICT
POLICE DEPARTMENT
Statement showing the result of action taken against
Proclaimed Offenders during the year 19 Month
of
|
Serial No.
|
Details
|
|
|
1
2
3
4
5
6
7
8
|
Class proclaimed offenders
Number or proclaimed offenders residents of the
Year/month
_______________.
Number of persons proclaimed during the year/months
___________________.
No. of proclaimed offenders resident of the district
arrested during the year/month________________
Percentage item 4 bears to items 2 and 3
No. of proclaimed offenders resident of the district
struck off
under the
provisions of rule 23.23
No. of proclaimed offenders still at large at the
end of the year/
months, i.e., items 2+3-4-6 who were proclaimed
(a)
Within
three months of the close of the year/month
(b)
Between
3 to 6 months of the close of the year/month
(c)
Between
6 to 12 months of the close of the year/month
(d)
More
than 12 months ago
Rewards paid for the arrest of proclaimed offenders
during
Preceding year/month.
|
|
NOTE:-Separate sheets will be prepared for proclaimed
offenders who are members of registered criminal tribes and others.
FORM No.23.24(2)
|
Counter-foil
No__________
POLICE STATION___________________________________.
DISTRICT__________________________________________.
Notice to
headmen and watchmen of village__________ of
their duty
under Section 59, C.P.C., and rule 28 of the rules
farmed under Section 39-A of Act IV of 1872 with
regard to
____________________son of ________________________
caste___________________,a resident of
________________
_______________________________and a proclaimed
offender.
(Date and
method despatch, i.e., by post, by hand, etc.)
|
Foil No.____________
POLICE STATION_________________________.
DISTRICT________________________________.
To the
headmen and watchmen of village ________.
is a proclaimed offender and it is your duty to
arrest him
wherever found. It is further your duty and that of
every
owner or occupier of land and of every persons
employed in the collection of revenue to report
immediately to the police any information which you
or he may receive as to the presence of such person.
you are required to publish this fact and to warn
all
concerned and take warning yourself that nay person
assisting the proclaimed offender in any way to
evade
arrest or withholding information about him renders
himself
liable to severe penatly under the law.
By order,
Sub-Inspector
Incharge of Police
Station_________
|
Signature
of Headmen and Watchmen.
Description of proclaimed offender. Dated
Names and particulars of relatives and others with
Whom the proclaimed offender is likely to associate.
FORM NO.23.30(1)
POLICE REPORT WITH A VIEW TO THE INITIATION OF
PROCEEDINGS TO TAKE SECURITY TO
BE GOOD BEHAVIOUR, SECTIONS 110 TO 118, CRIMINAL
PROCEDURE CODE.
PAGE 1--- Name, parentage, caste, age occupation and
residence of the person reportedon---
TABLE 1.
Former conviction,---
Column 1.-- Serial No.
2.- Complainant’s name.
3.- No
and date of First Information Report and name of police station.
4.- Law
and Section of law.
5.- Particulars of sentence, date of sentence,
particulars of the court in
which the
conviction was obtained
TABLE 2.- Reference to cases in which
the person reported about has been suspected or in which house has been
searched--
Column. 1- Serial No.
2- Name and residence of complaint.
3-
Law and section of law.
4-
Reference
to the first information report, its date, the station to which belonging, or
to other first report in the case.
5-
Brief
particulars of the reason for which suspicion was entertained or house was
searched, & c.
TABLE 3. - Names of persons of bad character with whom
the person reported associates.
PAGES 2 AND 3.- Name of witnesses who give evidence of
the reputed bad character. An abstract of their statements.
PAGE 4.- Report of the officer incharge of the police
station.
(The report to include any material information given
in the History Sheet prescribed in Rule 23-9).
---------------------
FORM No. 23-33
Descriptive roll of convict _______________________
released from the ___________ jail on the ________
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
|
|
Personal Description
|
|
|
Jail Regis-
ter No.
|
Name,
sex,age
and pre-
vious
occupation
|
Religion
|
Caste
|
Father’s
name and
trade or
occupation
|
Village,
police Sta-
tion,
tehsil,
district
|
Crime,
section of
law with
term and
date of
sentence
|
(a) Fea-
tures,
complex-
ion and
distin-
guishing
marks
|
Height
______
Ft. Inch
|
Conduct
in jail
|
Remarks
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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|
|
|
|
|
|
|
FORM No.23.37(1)
REPORT OF ARRIVAL AT HIS HOME OF A.P.R R P.R.T
CONVICTION RELEASE FROM JAIL
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
|
RESIDENCE
|
|
|
District
serial No.
of P.R. Slip
|
Name with
aliases
|
Father’s
name and
caste
|
Village
|
Police
Station
|
Offence
|
Date of release
and name of
jail
|
Report of officer in
charge of
police
station of convict’s
arrival at his
home or other-wise
(to be submitted
within 10 days of
date or release)
|
Final order
of
Superint-
endent
|
|
|
|
|
|
|
|
|
|
|
Date the 19 Signature
of F.P. Recorder
FORM No. 23-39(2)
POLICE DEPARTMENT POLICE
STATION _______________DISTRICT ___________
Report of change of
convict subject to surveillance under Section 565, Code of Criminal
Procedure
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
|
Residence
|
Change or Temporary
Change of Residence
|
|
To be entered by Officer
In charge of Police Station
|
REMARKS
|
|
Name and
Father’s
name
|
Caste
|
Village, Zail, Police Sta-
Tion, Tehsil, District, or
Town, Street, Mohalla,
Police Station, District
|
Village, Zail, Police Sta-
Tion, Tehsil, District, or
Town, Street, Mohalla,
Police Station, District
|
Date of
departure
|
Date of
Departure
|
Date of
Arrival
|
Change of
Residence
Permanent
or tempor-
ary
|
|
|
|
|
|
|
|
|
|
CHAPTER XXIV.--INFORMATION TO THE POLICE
24.1. First Information how recorded.--(1) Section 154
and 155, Code of Criminal Procedure, provide that every information relating to
an offence, whether cognizable or non-cognizable, shall be recorded in writing
by the officer incharge of a police station.
The
distinction between the form of reports required by the above-mentioned two
section has been defined as follows by the Punjab Chief Court (now High
Court),---
Every information covered by section 154, Criminal
Procedure Code, must be reduced to writing as provided in that section and the
substance thereof must be entered in the Police station daily diary, which is
the book provided for the purpose. It is only information which raises a
reasonable suspicion of the commission of a cognizable offence within the
jurisdiction of the police officer to whom it is given, which compels action
under Section 157, Criminal Procedure Code.
(2) With
the exception of cases mentioned in rule 24.10 below, in every case in which
the officer in charge of a police station, from information or otherwise, has
reason to suspect the commission of an offence, which he is empowered under
section 156, Criminal Procedure Code, to investigate, he shall enter in full
such information or other intelligence as soon as practicable in the First
Information Report Register, shall have each copy signed, marked or sealed by the informant, if
present, shall seal each with the station seal, and shall dispose of the copies
in accordance with rule 24,5 and u he abstains from investigation under either
of the proviso to section 157 of the Code he shall submit the copy intended for
the Magistrate through the Superintendent. At the same time a reference to such
report shall be entered in the Station Diary, register No.II.
(3) All
such entries shall, if possible, be made by the officer in charge himself, and,
if not so possible, by the station clerk under his direction. Short lists of
property stated to have been transferred by the offence may be entered in the
report, as also details of any property recovered without search under section
103, Criminal Procedure Code, but detailed lists of property so transferred or
recovered on search shall be entered in the first case diary submitted in the
case.
(4) When
it is necessary to question a person brining information of the commission of
an offence, special attention shall be paid to the following matters and the
results of the inquiries shall be clearly recorded in the first information report,---
(a)
The
force from which the information was obtained and the circumstances under which
the informant ascertained the names of the offenders and witnesses (if any are
mentioned).
(b)
Whether
the informant was an eye-witness to the offence.
SYNOPSIS
- Substance of the first information report.
1. Substance of the first information report. From the
entry reproduced above that the substance of the first information report was
not entered in the daily diary in as much as neither the names of the accused
nor the names of the witnesses nor any other detail in regard to the occurrence
is given in the entry. The entry does not comply with the requirements of
Section 154 Cr. P.C. and Rule 21.1 of the Punjab Police Rules. The failure to
enter the substance of the F.I.R in the diary is indicative of the fact that
when the said entry was made full facts in regard tot he occurrence were not
known. Balwant Singh vs. The State, 3 Cr.
L.T. 637.
24.2. Written
reports by village headmen.--(1) With a view to encouraging written reports,
village headmen shall be furnished with a supply of printed copies of Form
24.2(1) for written reports of cognizable offences. The substance of the form
shall be explained toe them, and they shall be instructed to give a form to
every person who requires one for use,
and if so requested by the complainant to send the form by post “service unpaid”
cr by the village watchman tot he police station after it has been filled up
and signed, sealed or attested by the thumb-impression of the complainant
and by the signature or seal of the
lambardar. Opportunity shall be taken to bring to the notice of the public,
verbally and by means of notices affixed to the polices station shall be
explained that it is not compulsory on any complainant to make a written
report, if he prefers to make a verbal one.
(2) Whenever
a written report of a cognizable offence is received at a police station, it
shall be attached to the copy of the
First Information Report which is retained in the police station and copies
shall be attached to the duplicates, provided that only the check receipt
prescribed by the form need be sent to the complainant. The original written
report shall be detached from the police station copy of the First Information
Report and attached to the charge sheet or final report when the investigation
is completed. When a cases is sent up on an incomplete charge-sheet the
original report shall be similarly attached.
(3) Action
in Urdu shall be prominently displayed in every police station in the province,
drawing the attention of the public to the fact that the payment of gratuities
by the public to police officials for recording complaints is strongly disapproved by Government. The notice shall
state as briefly as possible that police officials are the servants of the
public and paid by it, and that acceptance of gratuities is strictly forbidden
by the rules of the police department and renders defaulters liable to serious penalties. The notice shall
conclude with an admonition that demands for such gratuities should be
invariably resisted and reported to the
Superintendent of Police.
24.3 Action on report of non-cognizable offence.--
Where the information relates to a non-cognizable offence, it shall be briefly
but intelligibly recorded in the station diary, shall be signed, sealed or marked
by the person making it on both foil and counterfoil, and all particulars
required by section 44 of Act V of 1861 shall also be noted. A copy of the
entry in the diary made by the carbon
copying process and signed and sealed with the station seal by the recording
officer, shall be made over to the
informant who shall be referred to the Magistrate in accordance
with section 155, Code of Criminal
Procedure.
24.4. Action when reports are doubtful.--(1) If the
information or other intelligence relating to the alleged commission of a cognizable offence is such
that an officer in charge of a police station has reason to suspect that
the alleged offence has not been
committed, he shall enter the substance of the information or intelligence in
the station diary and shall record his reasons for suspecting that the alleged
offence has not been committed and shall also notify to the informant, if any,
the fact that he will not investigate the case or cause it to be investigated.
(2) If
the Inspector or other superior officer, on receipt of a copy of the station
diary, is of opinion that the case should be investigated, he shall pass an
order to that effect, and shall, in any case, send on the diary or an extract
there from to the District magistrate for his perusal and orders.
(3) When
a counterfeit currency note is found in circumstances which indicate that owing
to absence of guilty knowledge no offence under section 489-B, Indian Penal
Code, or cognate section has been committed, the information shall be recorded
under section 154, Criminal Procedure Code, in the station diary, the special
report required by rule 24.16 shall be
submitted and enquiry shall be made to trace the point in the movement of the
note at which a cognizable offence
appears to have been committed. When reasonable suspicion of such commission
arises a First Information Report shall be recorded in the police station
concerned and investigation under section 157, Criminal Procedure Code, shall
be made.
24.5, First Information Report Register.--(1) The
First Information Report Register shall be a printed book in Form 24.5
consisting of 200 pages and shall be
completely filled before a new now is commences. Cases shall bear an annual
serial number in each police station for each calendar year. Every four pages
of the register shall numbered with the same number and shall be written at the
same time by means of the carbon copying process.
(a)
One
tot he Superintendent of Police or other gazetted officer nominated by him.
(b) One
to the Magistrate empowered to take cognizance of the offices as is required by
section 157, Criminal Procedure Code, In murder cases the following procedure
shall be followed.
(i) The
F.I.R. shall be sent to the Magistrate concerned immediately in his court
during court hours and at his residence thereafter.
(ii)
In
case the Magistrate concerned is out of station, the F.I.R. shall be submitted
to the Duty Magistrate.
(iii)
If
the Magistrate is not available after court hours, the copy of the F.I.R shall
be left at his house by the messenger noting the date and hour of delivery on
the cover with the contents.
(iv)
If
on account difficulties of communication or other causes the delivery is
delayed, the reasons and delay shall be noted on the cover.
(v)
As
soon as the F.I.R. is received by a Magistrate he shall affix his initials
therefor and note thereon the date and hour at which the report has been
received by him. In the case of a delayed F.I.R. if he disagrees with the
reasons given by the Police officer for such delay, he shall also give his own reason for the same, if any.
(vi)
In
cases where the Police Station is not situated in the same place where the
magistrate resides or where the Police Station is situated in an out-of-the way
place, the carbon copy of the F.I.R. after it has been to the recorded, shall
be posted at once, at the nearest post office, addressed to the Magistrate by
name before the first clearance of the dak. In such cases the Magistrate shall
check that the F.I.R. has been despatched by the earliest post after its registration
in the Police Station as shown by the time recorded on it.
(c) One
to the complainant unless a written report in form 24.2(1) has been received in
which case the check receipt prescribed will be sent.
(2) In
cases relating to cognizable offences triable by Panchayat one extra copy of
the first information report shall be prepared on plain paper bearing the seal
of the Police Station, and shall be sent to the Panchayat concerned for information, mention being made
in the body of the F.I.R. that his action is being taken.
Note:- The cognizable offence triable by Panchayat are
detailed in appendix 24.5.
(3) In
the case of the railway police, the copy intended for the Magistrate empowered
to take cognizance of the offence shall be submitted through the Superintendent
of the district police, Provided that at railway police station, other than
district headquarter stations, where there is a magistrate having jurisdiction,
one copy shall be sent to such
magistrate direct, one to the Deputy Superintendent of the railway Police and
another to the Superintendent of district police. The extra copy required in
such cases will be made by inserting an extra sheet of paper and carbon paper
and afterwards filling in the printed headings, etc., by hand.
(4) All
information required by the form shall be filled in, and thereafter the serial number of each case diary
submitted shall be noted on the reverse
of the original copy which is to remain at the police station.
(5) On
the conclusion of the case the particulars contained in the charge sheet slip
shall be filled in on the reverse of the original copy and the slip returned to
the Superintendent’s office.
SYNOPSIS
- Object of.
COMMENTS
1. Object of. If the facts given in the first
information report disclose the commission of an offence of murder, it is not
open to the officer recording the first information report to circumvent the
requirements of the R. 24.5 by
registering a case under S. 304, I.P. Code, instead of Section 302, I.P. Code.
(1963) 65 Punj L.R. 490.
24.6. Railway cases. Every offence shown in the
returns of the railway police shall also be shown in the returns of the
district police of the district in which it was either reported or tried.
24.7. Cancellation of cases.-- Unless the
investigation of a case is transferred to another Police Station or district,
or first information report can be cancelled without the orders of a Magistrate
of the 1st class.
When
information or other intelligence is recorded under section 154, Criminal
Procedure Code, and, after investigation, is found to be maliciously false or
false owing to mistake of law or fact or to be non-cognizable or matter for a
civil suit, the Superintendent shall send the first information report and any
other papers on record in the case with the final report to a Magistrate having
jurisdiction and being a Magistrate of the first class, for orders of
cancellation. On receipt of such an order the officer in charge of the police
station shall cancel the first information report by drawing a red line across
the page, noting the name of the Magistrate canceling the case with number and
date of order. He shall then return the original order to the Superintendent’s
office to be filed with the record of the case.
24.8. Register of cognizable Offences.--(1) Each Superintendent shall
maintain a register of cognizable offence in Form 24.8(1), styled for English
Register of Cognizable Offences. It shall be sent on each working day to the
District Magistrate when such officer is at the district headquarters.
(2) The
serial number in column one shall commence and end with the calendar year. Case
cancelled or transferred shall be erased by ruling a red line through them, and
shall, at the end of the year, be deducted from the total.
24.9. Register of Petty Offences.--(1) A book, to be
called the register of Petty Offences, consisting of one hundred blank pages
with printed headings, in Form 24.9 shall be kept up as a permanent record at
each police station where there is a
resident magistrate having power to entertain complaints of the offences
hereinafter mentioned, and whose headquarters is either:---
(i) a
town to which Act III of 1911 (the Punjab Municipal Act) has been extended
(ii)
a
town to which section 34 of Act V of 1861 has been extended;
(iii)
a
military cantonment;
(iv)
a
place outside the limits of a military cantonment to which any of the rules and
regulations for such cantonment have been lawfull extended.
(2) The
register of Petty Offences as mentioned in sub-rule, shall also be kept at each
Government Railway Police Station and Out Post.
24.10. Register of petty offences.- Class of offences
to be entered.-- The offences which may be recorded in the register mentioned,
and which are referred to in the last preceding rule, are:---
(1)
cognizable
offences under municipal bye-laws;
(2)
offences
under section 34 of Act V of 1861, committed in the view of a police officer;
(3)
cognizable
offences under cantonment rules and regulations;
(4)
cognizable
offences under section 112 of the Railway Act, 1890.
24.11. Register or Petty Offences-procedure.--(1) The
register of Petty Offences shall be sent daily, whenever offences are reported
and when the courts are open, to the magistrate, empowered to take cognizance
of them, and afterwards, in the case of headquarters police stations, to the
Superintendent of Police for scrutiny.
No first information report, case diary or charge
sheet shall be submitted in such cases.
(2) A
return shall be submitted form such police station as maintain the register at
the end of each year showing the entries in the register.
Such return shall be recorded by the return-writer in
the general crime register.
24.12. Special reports from Police stations.--(1)
Every officer in charge of a police station shall, as soon as possible after he
receives information of the commission within his jurisdiction of an offence
mentioned in the subjoined table, submit a vernacular special report in Form
24.12(1) to the officer, or officer, mentioned in the third column of the
table: provided that if a first information repot containing the same
information is required by law to be sent to any such officer, and is sent with
equal despatch, no special report need be sent to the officer who receive first
information reports.
(2) Vernacular
special reports and first information reports sent in lieu of them shall be
enclosed in red envelopes.
(See Table on Next Page)
24.13. Special reports for Superintendents.--(1) Every
Superintendent shall, as held responsible for communicating special reports
with the greatest possible despatch tot
he officers concerned and in serious
cases shall make free use of the telegraph and telephone.
24.14. Special reports for Superintendents .--(1)
Every Superintendent shall, as soon as possible after he receives information
of the occurrence within his jurisdiction of a case mentioned in the table
subjoined to rule 24.15, submit special reports in Form 24.14 to:---
(i) the
District Magistrate;
(ii)
the
Deputy Inspector-General of the Range;
(iii)
the
officer mentioned in the third column of the table, and
(iv)
any
neighbouring Superintendent, or police officer, whom he considers should be
informed of the occurrence.
Provided that, in the case of the railway police, the
copy intended for the District Magistrate shall be sent through the
Superintendent of the district concerned.
(2) The
officers to whom special reports are forwarded in accordance with this rule
shall be detailed on each of the report.
(3) Gazetted
officer shall be responsible that special reports are concisely and
intelligently written and that developments of the case and important stages in its progress are promptly
reported by continuation special report.
|
Serial No.
|
Offences
|
Officers to whom re ports are to be made
|
|
1
2
3
4
5
6
7-A
8
9
10
11
12
13
14
15
16
17
18
19
|
Administering drugs or poison for hurt or robbery
All offences committed by Europeans or any class.
Unnatural or sudden death of an American or
European.
Counterfeiting coin.
Loss or theft of firearm, whether Government or
private property, component parts of such arms, or ammunition, and all
recoveries of the same Dakaiti.
Escapes from, and deaths whilst in, police custody.
Assault on police officers.
Grievous hurt when the person hurt is a European
Murder.
Attempt to murder when the person hurt is a European
Theft or robbery of Government treasure, or of
property in the possession of the Post Office, when the property exceeds
Rs. 00 in value.
All serious charges against the police.
All cases in which an Indian dies, or is reported to
have died, of injuries inflicted by a European of any class or by the police;
and the occurrence of all collisions between Europeans of all classes and
Indians whether alleged to be accidental or intentional.
Damaging the telegraph with intent to prevent
transmission to lap, or to commit mischief within the meaning.
Wilful act or omission endangering of section 25 of
Act XIII of 1885, person on railway, under section 128 of Act IX of 1890.
Rioting
Offences under Chapter XII and XVII of the Indian
Penal Code by members of notified criminal tribes and arrests of nomad gangs
irrespective of the Punjab or not.
Arrest of women-whether with or without warrant,
bailable or non-bailable,-vide Police Rule 26.18-A(1).
All cases in which a person in police custody or
under Police interrogation becomes seriously ill or sustain injury.
|
Superintendent of Police
Nearest Telegraph Master and Superintendent of
Police
Nearest Station Master and Superintendent of Police
Tahsildar
Superintendent of Police
|
24.15. Special reports-cases when reported and to
whom.--District Magistrates and Deputy Inspectors-General shall at their
discretion forward copies of special reports
in case to Commissioners and to the Inspector-General, respectively, for
information. The Inspector-General shall send copies to Government and head of
departments in any cases which he considers are of sufficient importance to be
brought to their notice. Commissioners should only send copies to Government
when they have any particular comment to make on the case.
TABLE
|
Serial No.
|
Offences
|
Officer to whom reports are to be made
|
|
1
2
3
3.A
4
5
6
7
8
9
10
11
12
|
Culpable homicide, on attempt to commit culpable
homicide, or grievous hurt, or attempt to commit grievous hurt, when the offence is committed by a
religious fanatic, and also when the person assaulted is an American or
European whether the offender is a gangatic or not.
Deaths whilst in police custody.
Escapes from police custody.
Assault on Police Officers
All Serious charges against the police including
strictures on the conduct of Police Officers by the Courts.
Theft or robbery of Government treasure.
Serious Cases of rioting
Administering drug or poison for hurt or robbery.
Dakaiti
Serious cases of robbery.
Robbery of European traveler of any class
Unnatural or suspicious death of an American or
European.
Counterfeiting coins or any offence committed in
respect of counterfeit coins, forgery of Government currency notes of Rs. 10
or more in value and new forgeries of Government currency notes of nay value,
forgery of Government stamps, or fraudulent alteration or re-use of the same,
when the circumstances are novel or important. Loss, theft or recovery or
arms and important component parts, and ammunition (see Appendix 22.15)
falling under the following category:-
(a) Machine guns, Light automatic, Grenades and
articles of Royal Air Force armaments.
|
Deputy Inspector-General, Criminal
Investigation Department
Ditto Ditto
Ditto Ditto
Ditto Ditto
Ditto Ditto
Nil
Nil
Deputy Inspector-General, Criminal Investigation
Department, and Assistant Inspector-General, Government Railway Police.
Deputy Inspector-General, Criminal Investigation
Department .
Ditto Ditto
Ditto Ditto
Ditto Ditto
Ditto Ditto
(a) When losses are sufficiently serious to be
brought to the notice of Government of India.
|
TABLE
|
Serial No.
|
Offences
|
Officer to whom reports are to be made
|
|
14
15
15A
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
|
(b) Rifles, revolvers and pistols, Government or
private property.
(c) Barrels and bolts of .303 bore
(d) Ammunition for cannons, machine guns and high
velocity rifles.
(e) High explosives, whether in bulb or in made up
charges including fuses and detonators.
All serious cases of professional crime, especially
when the offenders are believed to e professionals from other provinces and
all serious cases in which offenders are believed to be residents of
Independent Territory or of the North-West Frontier Province.
All Offences of a particularly startling or
atrocious nature, or which are likely to attract public interest or to be
discussed in the public press.
All crimes of violence against money-lenders where
there is reason to suppose that debtors are concerned either in the commission
or abetment of the offence.
Cases in which an Indian dies, or is reported to
have died of injuries inflicted by Europeans of all classes or by the police;
and the occurrence of all collisions between Europeans of all classes and
Indians, whether accidental or intentional, except when there is no
confirmation or, when they are of a positively insignificant character.
All offences committed by residents of the Punjab
outside the limits of the province of which Superintendents receive
information and which, if committed in the Punjab, would be specially
reported.
Murder
Damaging the telegraph with intent to prevent
transmissions, to tap, or to commit mischief within the meaning of section 25
of Act XIII of 1885.
Robbery of the mail
Maliciously wrecking or attempting to week a train,
and endangering safety of persons travelling by raiway to wilful act or
omission (vide sections 126, 127 and 128 of Act IX of 1890).
Any Offence or occurrence resulting from religious
or political excitement affecting the peace of a town or of the district.
All cases of disturbances between the military and
the civil population.
Robbery of he British mail in foreign territory.
Serious Railway accidents.
Other serious accidents resulting in the loss of
more than three lives.
Cases of defalcations or fraudulent loss of
Government money or stores in the Police Department (vide Article 29, Civil
Account Code). See also rule 10.172
All important cases of smuggling of opium, cocaine
and drugs.
All cases in which a person in Police custody or
under Police interrogation becomes seriously ill or sustains injury.
Calamities such as floods or earthquakes, which
causes serious damages to life or property.
Convictions of all Non-Asiatics for offences which
render them liable to have their finger print slips prepared in accordance
with paragraph 25 of the Finger Print Manual.
|
(b)
When the theft appears to be the work of Ut. Khela or other professional
thieves,
and
(c) when the loss appears to indicate that standing
rules for the custody of arms and ammunition, either in possession of
regiments or individuals or during transit by rail or otherwise are defective
and should be amended, telegraphic information should be sent.
Deputy Inspector-General, Criminal Investigation
Department.
Ditto Ditto
Ditto Ditto
Ditto Ditto
Ditto Ditto
Nil
When no report has issued from the police station, a
copy also to be nearest Telegraph Master.
The Postmaster-General and in serious cases to the
Deputy Inspector-General, Criminal Investigation Department.
When no report has issued from the police station, a
copy also to the nearest Station Master.
Commissioner, Deputy Inspector-General, Criminal
Investigation Department and Officer Commanding Station.
Ditto
Ditto
Commissioner and Deputy Inspector-General, Criminal
Investigation Department.
Nearest Station Master (where report has not been
mad direct by the officer in chare of the station). Agent or Manager of the
Railway, Deputy Inspector-General, Criminal Investigation Department.
Chief Engineer, Public Works Department, Buildings
and Roads Branch and Secretary, Provincial Transport Authority in case of
road accidents.
Inspector-General of Police, Punjab, Lahore (two
copies, one of which will be forwarded when necessary to he
Accountant-General, Punjab).
Financial Commissioners, Punjab, through the
Collector of the District.
Deputy Inspector-General of Police, Criminal Investigation
Department.
Commissioner and Deputy Inspector-General, Criminal
Investigation Department.
Deputy Inspector-General of Police, Criminal
Investigation Department Punjab.
|
Note - - (i) Matters referred to in Serial
Nos. 14, 22 and 23 shall ordinary be reported by letter and telegram to the
officers mentioned. The other matters may be reported by letter or telegram at
he discretion of the Superintendent.
(ii)
A Note of all arms, etc., lost, stolen or recovered,.. vide serial No. 13
should be maintained by the Criminal Investigation Department, Punjab, and a
return sent in annually to the Director, Intelligence Bureau.
24.16. Forgery
of currency notes and coining cases.—(1)
In special reports of forgeries of stamps, fraudulent alterations and
re-use of stamps, full particulars of the case shall be given, and specimens of
the fraudulent stamps shall, if possible, be sent with such reports.
(2) In
cases of counterfeiting coin, the reports should contain full information on
the following points:---
(i) The
represented value of the coins which are counterfeits, i.e., counterfeits of a
rupee, and eight, four or two-anna pieces;
(ii)
The
date on the counterfeit coin;
(iii)
Whether
cast in a mould; or
(iv)
Struck
between dies;
(v)
Good,
bad, or indifferent - if bad or
indifferent, why so considered, i.e., want of sharpness, ring different from
that of a true coin, or other cause;
(vi)
Metal
of which made and percentage of silver;
(vii)
Is
Superintendent of opinion from the facts before him that any person arrested is
an habitual dealer in false coin?
Explanation:- The
information under sub-rule (2) (vi) above will be obtained from personal , a
local inquiry from a silver-smith or otherwise, as may be practicable. In all
cases where the coins appear to have been struck from a die and are good imitations,
a specimen of the counterfeit coin or coins should, if possible, be sent to the
Officer-in-charge, His Majesty’s New Mint at Baghbanpura, lahore, for report,
and when his report is received, a copy should be sent by continuation special
report. All coins to be assayed should be sent direct to the Mint Master,
Calcutta, and not through the Inspector General.
(3) On the
appearance in any district o any forged currency note of Rs.10 or more in
value, or of any new forgery of a currency note of any value, the
Superintendent shall send a copy of the special report required by the rules
above to the Currency Officer, Lahore. Such reports shall state whether the
note is process made or hand drawn and given the denomination of the forged
note, the circle, the date, the serial letters, the number, and the consecutive
number. Continuation and final reports shall be submitted to the Criminal
Investigation Department, in duplicate, giving particulars of the notes passed
and the modus operandi of the forgers or utterers and of other persons
concerned. On the completion of the police enquiry, the note shall be sent to
the Currency Officer, Lahore, through the Criminal Investigation Department,
together with a report explaining the facts. Special reports of forgeries of
currency notes, or of the appearance of forged currency notes, of less than
Rs.10 in value are not required in the case of old forgeries which have come to
notice before and have appeared in the lists printed in the Criminal
Intelligence Gazette, but a list of the presentation of all such forgeries of
all such forgeries of notes of less than Rs.10 in value should be submitted on
the first of each month, together with the notes in question, to the Currency
Officer, Lahore, through the Criminal Investigation Department.
24.17. Continuation
and final reports.—(1) Each successive
special report in the same case shall bear the same number as the first report
and shall be distinguished by the addition of a capital Roman letter in the
order of the alphabet.
IIIustration:- The
first special report of the murder of X is No.20. The next special report shall
be numbered 20-A, the next 20-B and so on.
(2) Successive
special reports shall be submitted whenever there is matter of importance to
communicate.
(3) A final
report shall be submitted without delay in all cases when (a) the investigation
is dropped or (b) the case is finally decided in court.
24.18. Record of
special report.--(1) Three general files
of special reports shall be maintained as follows:---
(a)
Murder.
(b)
Dacoities.
(c)
Other
offences.
(2) A
Special file may be opened if necessary for any particular case.
24.19. The
duties of the Police as Excise Officers.—(1)
Co-operation between the excise and police force is necessary for the
detection and investigation of excise offence. The Inspector General of Police
and the Financial Commissioner lay stress upon this co-operation as one of the
principal secrets of successful working. Any case of jealous or obstructive
working will be severely dalt with.
(2) When
an officer in charge of a police station becomes aware of an excise offence, he
shall at once register it as a police case and inform the District Excise
Officer, who with respect to such cases shall be regarded as the magistrate in
charge of the police station. The excise sub-Inspector concerned shall also be
informed and his co-operation invited, but no delay shall be allowed to occur
merely in order to obtain his presence.
(3)
All
excise inspectors and sub-Inspectors are required to maintain First Information
Report Register for the registration of complaints and reports of excise
offences. In all cognizable cases a copy
of the First Information Report shall be sent to the police station in whose
jurisdiction the offence ois reported. In return the excise inspector or
sub-inspector will be given a copy of the Police First Information Report as a
report.
(4)
An
excise inspector or sub-inspector shall not ordinarily attempt a search or make
an arrest by himself. He shall always obtain the assistance of the police
sub-inspector. If however, delay is likely to defeat the ends of justice, the
excise inspector or sub-inspector shall make the arrest or search himself, and
at the same time send to the police sub-inspector for assistance.
(5)
The
prevention of illicit distillation of spirit is one of the most important of
the duties of the police. This will not be effected by isolated seizures. It
involves careful and sustained enquiry and a complete knowledge of his
jurisdiction by the officer in charge of the police station. As a rule the
manufacture of illicit spirit is confined to certain castes which are habitual
consumers of spirit. The most probable localities of illicit traffice should
thus be easily ascertainable by the officer in charge of the police station. It
is impossible for an illicit still to be regularly worked in a village without
the knowledge of the chaukidars and tambardars. The trade betrays itself by the
resulting smell, the accumulation of refuse, and the occurrence of drunkenness,
where no means of licit supply exist. If these things happen and the village
officials make no report, it is obvious that they are conniving at the offence.
In such cases the officer in charge of the police station must at once take
steps, to have these rural officials punished. Where it is notorious that
illicit stills are worked, the officer in charge of the police station neglects
his duty if he does not arrange to put in operation the provision for search,
seizure, and prosecution contained in the Excise Act.
(6)
If
it is found that illicit manufacture of country spirit has been extensively
carried on in a police station jurisdiction and preventive action has not been
taken by the police, neglect of duty on the part of the officer in charge of
the police station will be presumed.
(7)
Attention
must also be paid to the unlicensed sale of spirit in large towns by sodawater
sellers and others, and to the smuggling of country spirit in thanas adjoining
Indian States.
(8)
Any
charas coming into the Punjab by any other routes than those sanctioned should
at once be detained under section 61 of the Excise Act, and the orders of the
Collector taken. Charas smugglers generally travel by rail and can easily be
captured in cooperation with the railway checking staff, who while examining
their tickets can also examine their luggage.
(9)
The
use of cocaine, except for medical and surgical purposes, is altogether
prohibited in the Punjab. The principal places in the Punjab into which it is
smuggled are Lahore, Amritsar, Rawalpindi, Ambala and Karnal.
(10)
Offences
against the opium law very in their nature with various districts; the most
important offences, viz, smuggling and illicit sale of smuggled opium (whether
contrived by licensed vendors themselves or by private individuals) being
common or uncommon according to the geographical position of district with
reference to Rajputana, Afghanistan and the Hill States, or even railway
communication with Nepal.
(11)
No
opium can be imported into a district without a pass; and any police officer
can, therefore, detain bulk opium if there is no pass. He can also search a
person whom he believes to be guilty of having excess quantities of opium in
his possession. Any police officer above the rank of head constable may search
premises in which he believes smuggled or illicit opium is stored.
The legal limit of
possession of opium is two tolas and any person bringing it from any Indian
State in excess of this amount is liable to arrest and prosecution under
section 9 of the Act.
(12)
The
sale of all preparations of opium for smoking of illegal. There is need of
continued activity in tracing out and prosecuting proprietors of chandu and
madak dens in which sales occur, the object being to make indulgence in opium
smoking so difficult and disreputable that the younger generation will be
unlikely to acquire it.
Under the Opium
Smoking Act, 1923, members of opium smoking assemblies as well as proprietors
of houses used for opium smoking are liable to prosecution. Under section 14 of
the Act every officer of the police department is required to give reasonable
aid to an excise officer making any arrest or search under the Act. The Police
have no powers of search, seizure or arrest under the Punjab Opium Smoking Act;
but they have such powers under sections 14 and 15 of the Opium Act, 1978,
against any individual in possession of more than the half tola of preparations
of admixtures of opium used for smoking which is the limit of legal possession
under section 9 of that Act.
(13)
The
Financial Commissioner has impressed upon all Deputy Commissioners the
necessity of granting liberal rewards both to informers and to arresting
officers in all excise cases. Rewards to sub-inspectors and officers of lower
rank may be sanctioned by the Deputy Commissioners up to Rs. 200, but the
sanction of the Financial Commissioner is required for larger rewards and for
rewards to officers of higher rank.
APPENDIX No. 24-5(2)
The following cognizable offences are triable by
Panchayat:---
Section
Offence
269
Negligently
doing any act known to be likely to spread infection of any disease dangerous
to life.
270
Malignantly
doing any act known to be likely to spread infection of any disease dangerous
to life.
277
Defiling
the water of a public spring or reservoir.
288
Causing
danger, obstruction or injury in any public way or line of navigation.
289
Omitting
to take order with any animal in possession so as to guard against danger to
human life, or of grievous hurt, from such animal.
291 Continuance
of nuisance after injunction to discontinue.
294
Doing
of obscene acts or singing obscene songs, etc., in a public place to the
annoyance of others.
336
Doing
any act which endanger human life or the personal safety of others.
341
Wrongfully
restraining any person.
379
Their.
411
Dishonestly
receiving stolen property knowing it to be stolen.
Provided,
that (1) a Panchayat shall take
cognizance of offences under Sections 379 and 411, Indian Penal Code, only
where the value of the property stolen does not exceed Rs. 100 and the accused
is named in the complaint.
(2) A Panchayat shall not take cognizance of
any complaint under Section 379 or 411, Indian Panel Code, if the accused:---
(i) has been previously convicted of an
offence under Chapter XII or XVII of the Indian Panel Code punishable with
imprisonment of either description for a term of three years or upward, or
(ii)
has
previously been fined for-theft or receiving or possessing stlen property by
any Panchayat, or
(iii)
is
a registered member of a criminal tribe under Section 4 of the Criminal Tribes
Act, 1911, or
(iv)
has
been bound over to be of good behaviour in proceedings instituted under Section
109 of 110 of the Code of Criminal Procedure, 1898, or
(v)
has
had an order of restriction passed against him under the Restriction of
habitual Offenders (Punjab) Act, 1981.
Section Offence
447
Criminal
Trespass.
448
House
Trespass.
461
Dishonestly
breaking open or unfastening any closed receptable containing or supposed to
contains property.
___________________
APPENDIX No. 24-15
Circular No. 17/A and A/48, dated 25th May,
1949 from Government of India, Intelligence Bureau, Ministry of Home Affairs,
New Delhi.
1.
In
suppression of the existing orders on the subject, the following instructions
regarding the reporting of losses and thefts of Government and private
fire-arms and ammunition capable of being used for military purposes are issued
with the approval of the Government of India.
2.
Under
Military Regulations, Officers Commanding detachments report the lossor
recovery of arms, important components or ammunition to the Superintendent of
Police, or, if the loss or recovery takes place in an Indian State or Union of
States, to an appropriate officer of the Government of the State or Union
designated in this behalf. The Superintendent of Police or the Officer of the
State or Union so designated, as the case may be, is then responsible for all further
action for tracing and recovery of the lost or stolen articles.
3.
Reports
should be made by the Superintendent of Police or the Officers of the States or
Unions, as the case may be, to the provincial Criminal Investigation Department
of the loss, theft or recovery of arms, important components and ammunition
coming under the following category, of which they may receive information from
any source whether military, civil or private.
(i) Machine
Guns, Light automatics, Grenades and articles of Royal Air Forece armaments.
(ii)
Riles,
Revolvers and Pisstols, Government or private.
(iii)
Barrels
and bolts of .303 bore.
(iv)
Ammunition
for cannon, machine guns and high velocity rifles.
(v)
High
explosives, whether in bulk or in made-up charges including fuses and
detonators.
4.(a) Reports
concerning items of the above category should be made by telegram wherever
there is prima facie evidence or
resonable suspicion of a recent theft. In other cases reports should be made by
letter. Ikn all cases every effort must be made to include either in the
initial report or in a very early continuation report the fullest possible
details both for the identification of the missing arms, components or
ammunition and as regards the methods and identity of the thieves.
(a)
Provincial
Criminal Investigation Departments on receipt of reports according to the above
instructions will be responsible for the direction of suitable action for
detection and recovery. If in any case
there may appear grounds for suspecting the agency of professional arms thieves
from the North-West Frontier, Telegraphic information giving the fullest
available particulars should be sent to the Deputy Inspector-General of Police, Criminal
Investigation Department, East Punjab ( Telgraphic address “CIDEAST, SIMLA”.
5.
A return of all identification arms, etc, lost or stolen or recovered
should be maintained by the Provincial Criminal Investigation Department and
should be sent in annually to the Director, Intelligence Burea.
6. All
reports of losses, thefts and recoveries of arms, etc, should be published by
Provincial Criminal Investigation Department in their Criminal Intelligence
Gazettes of Confidential Supplements. Such reports must invariably include all
details necessary to establish the identity of any particulars weapon, or
component part.
7. When
losses are sufficiently serious to be brought to the notice of the Government
of India, or to rank as matters of public interest as well as in the following
cases:---
(a)
When
the theift appears to be the work of Ut. Khels or other professional rifle
thieves.
(b)
When
the loss appears to indicate the standing rules for the custody of arms and
ammunition either in possession of regiments, or individuals or during transit
for rail or otherwise, are defective and should be amended, intimation of such
losses should be telegraphed to the Director, Intelligence Bureu, New Delhi, by
the Provincial Criminal investigation Department, and copies of all subsequent
reports submitted by the Superintendent of Police also be sent to him.
8. In the
particular case of revolvers, rifles, and pistols, all losses, thefts and
recoveries of such weapons as bear the manufacture’s number should be reported
to the Director, Intelligence Bureau, by the Provincial Criminal Investigation
Departments. The reports regarding recoveries should include information, if
possible, as to where, when and form whom the weapon was obtained by the person
from whom it is recovered. All reports should be submitted as soon as
convenient after the loss, theft or recovery.
9. No
report need be made under these rules in the case of the loss or theft of
smooth bore weapons, ammunition for such weapons, swords, bayonets, or
accoutrements. Covered Martinni-Henries and Shires are classed as smooth bore
weapons.
10. Deliberate
attempts to smuggle arms and ammunition in to India, by land or sea or air,
should promptly be reported to the Director, Intelligence Bureau. Similarly the
discovery of fire arm which appear to have been deliberately smuggled in to
India should also be reported to the same quarter.
In
all instance, full particulars of the articles seized, such as the maker’s
name., place of manufacture, number bore and other distinguishing marks in the
case of fire-arms and maker’s name, bore
and distinguishing marks in the case of cartilage, should be communicated at
the time the report is made or as soon afterwards as possible. Information if
available obtained form the smugglers or otherwise, as to where, when and from
whom the weapons, etc. were obtained should also be given. Whenever a
prosecution is initiated with respect to a reported case of smuggling or, or
attempted to smuggle, arms and ammunition, the result should also be
communicated to the Director, Intelligence Bureau.
These
instruction do not affect the quarterly returns of arms and ammunition seized
by the customs, which should continue to be submitted by the Criminal
Investigation Departments of maritime provinces and the provinces a having air
ports in their jurisdiction.
FORM NO. 24.2(1)
FIRST INFORMATION REPORT BY A COMPLAINANT
Name, parentage and residence of complainant of
informant
Date and time of writing the slip and delivery 0to
Chaukidar.
Date and time, of receipt of Police Station
Substance of complainant or information which shall be
attested by the signature, seal or thum-impression of complainant or informant,
and signature, or seal of lambardar as witness.
(Check receipt to be sent to the complainant)
Received a written complaint form ______of
village_____dated ______First information Report No______
Under section ________________I.P.C. has been
registered this day.
Name
of Police Station ________________________
Date
_______________________________________
Signature of Officer-in-charge
If a First Information Report has not been registered
then these words should be struck out and a brief note given below of the
action taken.
FORM NO. 24.2(1)
FIRST INFORMATION REPORT BY A COMPLAINANT
FIRST INFORMATION
OF A CONGNIZABLE CRIME REPORTED UNDER SECTION 154, CODE OF CRIMINAL
PROCEDURE
Police
Station ________________ District__________________
No.________________________ Date and hour of
occurrence_____________
|
1
|
Date
and hour when reported
|
|
2
|
Name
and residence of information and
complainant
|
|
3
|
Brief
description of offences ( with section
) and
Property
carried off, if any
|
|
4
|
Place
of occurrence and distance and direction from police station
|
|
5
|
Steps
taken regarding investigation; explanation
Of
delay in recording information
|
|
6
|
Date
and hour of despatch form police station
|
Signed________________
Designation___________
(First information to be recorded below)
NOTE:-
The signature, seal or mark of the informat shall be affixed at the foot of the
information and shall be attested by the signature of the officer recording the
“ first information
(REVERSE OF POLICE STATIONI COPY OF FIRST INFORMATION
REPORT)
(NOTE TO BE PRINTED ON REVERSE OF OTHER COPIES)
INDEX OF CASE DIARIES
(To be filled in immediately on receipt of case
diaries)
|
Serial No
|
Date of case diary
|
Name of investigating officer
|
Serial No.
|
Date of case
|
Name of investigating officer
|
Serial No.
|
Date of case diary
|
Name of investigating officer
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Information to be filled in when charge-sheet or final
report is submitted.
|
Date of hour of submission of Charge-sheet or Final
Report and section under which accused are sent for trial
|
Names of witness
|
Name and residence of accused A-Sent in custody for
trial B-On bail or recognizance C-Net sent for trial
|
Property (including weapons) found
|
Information to be filled in as soon as received
|
Date of receipt of chalan in Court
|
Offence according to which convitced or acquitted
|
Result of the case (In case of conviction or
acquital, the name of court, date and detail of the under
|
|
|
|
|
POLICE
STATOIN ________________________ ________________
DISTRICT
ENGLISH REGISTER OF COGNIZABLE OFFENCES
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
|
DATE OF
|
CASES REPORTED ON DATE
|
|
Annual Serial No.
|
Entry in this register
|
Commission of offence
|
Police station submitting report
|
Place where offence was committed
|
Number of first information report
|
Section of law of-fended against
|
Cases not investigation u/s 157, (b), C.P.C
|
PROPERTY
Stolen
Recovered
|
Persons arrested
|
|
12
|
13
|
14
|
15
|
16
|
17
|
18
|
19
|
20
|
21
|
22
|
|
CASES DECIDED ON DATE
|
|
PERSONS
|
|
Serial No of former report in this register
|
Cases cancelled
|
Arrested
|
Released on bail or recognizance
|
Sent for trial
|
Discharged
|
Acquitted
|
Convicted or ordered to find secuity
|
Remarks by Superintendent of Police
|
Remarks by Deputy Commissioner
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM NO. 24.9
POLICE
STATOIN __________________ ______________________DISTRICT
Register of Petty offences
Under Section 154, Cr. P. Code, intimidation under
Section 157, Cr. P. Code diary under Section 172 Cr. P. Code and final report
under Section 173, Cr. P. Code of offences against cantonment and municipal
bye-laws and under Section 34 of Act V of 1861.
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
NAME, PARENTAGE AND RESIDENCE OF
|
|
|
ACCUSED HOW FORWARDED
|
|
|
Offence, section and law offended against
|
Substance of information, date when and place where
offence was commited
|
Complainant
|
Accused
|
Date and time at which information reached Police
Station
|
Name of the persons who appear to be acquainted with
the circumstances of the case and details of any property sent in the case
|
On bail
|
On recognizance
|
In custody and the reasons why
|
Finding and sentence
|
|
|
|
|
|
|
|
|
|
|
|
FORM NO. 24.12(1)
POLICE
STATION __________________ _________________DISTRICT
VERNACULAR SPECIAL REPORT ON AN OFFENCE
No. of 19 Dated 19
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
NUMBER
OF PERSONS
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VALUE
OF PROPERTY
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Offence
and section of law offended against; distance and direction of place from
Police Station, and name of Sub-Inspector in charge
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Supposed
to have been concerned
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Arrested
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Taken
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Recovered
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Statement
of the case, conduct of the Police and steps taken by them
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Date
and time of occurrence Date and time of report to Police
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Signature of Officer-in-charge of Police Station.
FORM NO. 24.14
POLICE
DEPARTMENT _____________ DISTRICT
SPECIAL REPORT OF AN OFFENCE
No. of 19 Dated 19
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1
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2
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3
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4
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5
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6
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NUMBER
OF PERSONS
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VALUE
OF PROPERTY
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Description
of offence and section of law offended against; also distance and direction
of place from Police Station and name of Sub-Inspector in charge
|
Supposed
to have been concerned
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Arrested
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Taken
|
Recovered
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Statement
of the case, conduct of the Police and steps taken by them
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Date
and time of occurrence Date and time of report to Police
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Superintendent of Police
Copy
sent to: (1) District
Magistrate _____________________________
(2)
Deputy
Inspector General ________________________________ Range.
(3)
_____________________________________________________
(4)
_____________________________________________________
CHAPTER XXV-INVESTIGATION.
25.1
Power
to investigage.—(1) An officer in charge
of a police station is empowered by section j156, Criminal Procedure Code, to
investigate any cognizable offence which occurs within the limits of his
jurisdiction.
(2)
He
is also empowered under section 157(1), Criminal Procedure Code, to depute a
subordinate to proceed to the spot to investigate the facts and circumstances
of the case and, if necessary, to take measures for the discovery and arrest of
the offenders. Any police officer may be
so deputed under this section, but where a police officer under the rank of
assistant sub-inspector is deputed the investigation shall inveriably by taken
up and completed by the officer in charge of the police station or an
assistance sub-inspector at the first opportunity.
(3)
An
officer in charge of a station shall also render assistance whenever required
to all officers of the Criminal Investigation Department working within his
jurisdiction.
(4)
25.2
Power of investigating officers.--
(1) The powers and privileges of
a police officer making an investigation are details in sections 160 to 175,
Criminal Procedure Code.
(5)
An officer so making an investigation shall
invariably issue an order in writing in Form 25.2(1) to any person summoned to
attend such investigation and shall endorse on the copy of the order retained
by the person so summoned the date and time of his arrival at, and the date and
time of his departure from the place to which he is summoned. The duplicate of the order shall be attached
to the case diary.
(6)
No
avoidable trouble shall be given to any person from whom enquiries are made and
no person shall be unnecessarily detained.
(7)
It
is the duty of an investigating officer to find out the truth of the matter
under investigation. His object shall be
to discover the actual facts of the case and to arrest the real offender or
offenders. He shall not commit himself
prematurely to any view of the facts for or against any person.
25.2
Action
when offence occurring in another police station is reported- When the
occurrence of a cognizable offence in another police station jurisdiction is
reported, the fact shall be recorded, in the daily diary and information shall
be sent to the officer in charge of the police station in the jurisdiction of
which the offence was committed.
Meanwhile all possible lawful measures shall be taken to secure the
arrest of offender and the detection of the offence.
25.3
Where
offence appears to have occurred in other police station.-- (1) If
a police officer after registering a case and commencing in investigation
discovers that the offence was committed in the jurisdiction of another police
station he shall at once send information to the officer in charge of such
police station.
(2)
Upon
receipt of information such officer shall proceed without delay to the place
where the
investigation is being held and undertake the
investigation.
25.5.
Disputes
as to jurisdiction—Should the officer who is thus summoned to the spot dispute
the jurisdiction both officers shall jointly carry on the investigation under
the orders of the senior officer and neither shall leave until the question of
jurisdiction has been settled and acknowledged. The case recevid shall be kept at the police
station where the information was first received until the question of
jurisdiction has been decided.
25.6.
Relieving
and relieved officers to sign case diaries—When a police officer is relieved in
the course of an investigation he shall record a report of all that he has done
in case diary and sign, it giving the date and hour of his relief. Such case
diary shall be made over to the relieving officer, who shall certify thereon
that he acknowledges the case to have occurred within his station limits, or to
be one which he is empowered to investigate as the case may be.
25.7.
Cancellation
of a case in one police station and registration in another—When a case is transferred
from one police station to another, the offence registered in the original
police station shall be cancelled by the Superintendent and a first information
report shall be submitted from the police station in the jurisdiction of which
the case occurred.
25.8.
Case
which may be lawfully investigated in more local areas than one—(;) If the case
is one which the officer in charge of the police station may lawfully
investigate, but which may also be lawfully and more successfully investigated
in another police station , such officer while continuing his investigation,
shall refer the matter to the Superintendent, who shall transfer the case or
not as he sees fit.
(2). If it is
desired to transfer the case to police station in another district, the
Superintendent shall refer the matter to District Magistrate and move him to
act a according to the orders contained
in Chapter 26, VolumeIII, of the Rules and Orders of the High Court.
(3). When an
investigation has been transferred from one district to another police files
with original first information report shall be forwarded to the Superintendent
of district to which the transfer is made.
25.9.
Optional
investigation-(1). Section 157(b), Criminal Procedure Code, gives wide powers
to an officer in charge of police station to refrain from investigation in
unimportant cases. It is the duty, however, of every officer receiving a report
to consider not only the intrinsic importance of the offence alleged and the
expressed wishes of the complaint but the bearing which the report has or may
have on the detection of other cases or on the prevention of crime and the
control of criminals. Very many cases which appear trivial in the themselves
may, if investigated furnish a clue to the operations of professional criminals
or afford valuable material at a later date for preventive action. In practice
is seldom advisable for an officer in charge of a police station to avail
himself of the power to refuse investigations, which the law gives him.
(2). When, at
the time when a report of a cognizable offence is received, the investigating
staff of the police station concerned is already occupied with more important
cases, the investigation of which would suffer by being interrupted, such
report shall be duly recorded and investigation may be dispensed with. Such
action not be held to limit the discretion of the officer in charge of the
police station to investigate the case at a later date, if he thinks it
desirable to do so.
(3). If the
informant is present when the first
information report is recorded, he shall be informed forthwith that no
investigation will be made, and after
nothing this fact in the first information report this signature or thumb-mark
shall be taken on it. If the informant is not present, he shall be informed in
writing by post card or by the delivery of a notice by hand, and the fact that
this has been done shall be noticed in the first information report.
(4). When
investigation is dispensed with, a note shall be made in the first information
report stating whether the complainant desires an investigation or not and full
reasons shall be given for abstaining form investigation. All such cases shall
be brought to the notice of the Superintendent
of Police personally, who shall pass such orders on them as he may think
fit in accordance with the principle embodied in this rule.
25.10.
Immediate
despatch of an officer to the spot.—When
a report of a cognizable case is recorded and
it is decided not to dispense with investigation under section 157(1).
Criminal Procedure Code, a police officer shall proceed to the scene
immediately. The officer who first proceeds to the spot shall, if he be not
competent to complete the investigation, take all possible steps to preserve
the scene of the crime from disturbance, to record particulars of and secure
the presence of potential witnesses, obtain information relating to the case
and arrest the culprit.
25.11.
Investigation
in non-cognizable cases—(1) No Police officer shall investigate a
non-cognizable offence unless ordered to do so by a competent magistrate under
section s 196-B or 202, Criminal Procedure Code.
(2). When an
investigation in a non-cognizable case is thus ordered and is taken up by the
police under section 155(3), Criminal Procedure Code, it must be carried
through in the same manner as if the offence were
cognizable, except that no arrest shall be made without a warrant. In every
such case a police officer making an investigation shall day by day enter his
proceedings in a case diary and submit them daily as prescribed for cognizable
cases in Police Rules (25.53. Case diaries shall be submitted through the
gazetted officer concerned to the court which has ordered investigation No
Copies shall be prepared or kept by the police.
(3). The High
Court has ordered that only serious cases, and cases in which there are special
reasons to do so , shall be referred to the police under section 202, Criminal
Procedure Code ( Rule4, Chapter I-B of Rules and Orders of the High Court of
Judicature at Lahore, Volume III-1931) Superintendents of Police shall decline
is accept, itself and the instructions of the High Court referred to above have
not been strictly complied with.
25.12.
Orders
in Writing—All orders in writing made in a case, i.e. order to arrest to search
and to summon etc. shall be attached to the case diaries, or their absence
shall be satisfactorily accounted for.
25.13.
Plan
Scene-(1) In all importantly cases two plans of the scene of the officer shall
be prepared by a qualified police officer or other suitable agency one to be
submitted with the charge sheet or final report and the other to be retained
for departmental use.
(2) The
following rules shall govern the preparation of maps or plans by patwaris or
other expert:---
(i) Pursuant
to paragraph 26 of the Patwari Rules, the Financial Commissioner, with the
concurrence of the Inspector General of Police, issues the following
instructions concerning the preparation by patwaris of maps needed to
illustrate police inquiries.
(ii) In
ordinary cases no demands for such maps will be made upon patwaris.
(iii) In the
case of heinous crime, especially in cases of murder or riots connected with
land disputes, the police officer investigating the case will if he considers
an accurate map is required, summons to the scene of the crime the Patwari of
the circle in which it occurred and cause him to prepare two maps, one for
production in court as evidence and the other for the use of the police
investigating agency. In the former reference relating to facts observed by the
police officer should be interred while in the latter references based on the
statement of witnesses which are not relevant in evidence may be recorded. He
will be careful not to detain the patwaris longer than is necessary for the
preparation of maps.
(iv) It is
necessary to define clearly the responsibility of the Patwari and police
officer in respect of these maps.
(v) The
police officer will indicate to the Patwari the limits of the land of which he
desires map, and the topographical items to be shown therein. The Patwari will
then be responsible for drawing the maps correctly, by tracing, if necessary,
the second copy, for making accurately on maps all these items and for entering
on the maps true distances. He will not write on the map, intended for
production as evidence in the court any explanations, The police officer may
write any explanations on the traced copy of the map.
(vi) It is
for the police officer himself to add to the second copy of the map such
remarks as may be necessary to explain the connection of the map with the case
under inquiry. He is also responsible equally with the Patwaris for the
correctness of all distances, but on the copy of the map drawn by the Patwari
for presentation, in court he will make no remarks or explanations based on the
statements of witnesses.
(vii) It will
be convenient if all the entries made by the Patwari are made in black ink, and
those added by the police officer in red ink.
(viii) Patwaris
will not in any case be required by a police officer to make a map of an
inhabited enclosure or of land inside a town or village site.
24.14
Technical assistance in investigation.—(1)Investigating officers are expected
to take steps to secure expert technical assistance and advice, whenever such
appears desirable in the course of an investigation for purposes of evidence or
for demonstration in court.
(2) The
Criminal Investigation Department is able to obtain expert technical assistance on many subjects and
should be freely consulted in that connection by investigating officers through
their Superintendents of Police. When such assistance is required a full report
shall be sent to the Assistant Inspector General, Crime and Criminal Tribes, so
that he may be in a position to decide whether it is essential to send an
expert to the scene of the crime or whether the material to be dealt with
should be sent to the expert. In making such reports use should be made of
telegraphic and telephonic facilities.
(3) The
Criminal Investigation Department , in conjunction with the Finger Print
Bureau, undertakes photographic and some other varieties of technical work. In
addition it is in contact with technical expers on many subjects, whose
services can frequently be obtained for work in connection with criminal
investigation. In respect of the examination of hand writing , investigating
officers can obtain the services of the Examination of Questioned Documents
with the Government of India, through the Criminal Investigation Department .
That department is also the channel for obtaining the services of the Inspector
of Explosives for Northern India who, as well as advising on explosives
generally , can give expert opinion as to whether a weapon has been recently
fired, whether certain matter is gunpowder or not, and all questions generally
savoring of chemical analysis.
25.15 Hand-writing.—(1)The
above rules do not apply to references to the Finger Print Bureau and the
Chemical Examiner to the Punjab Government, to whom, under the rules
applicable, Superintendents of police are required to make references direct.
The Criminal Investigation Department is, However , in direct contact with both
these technical officers and investigating officers should enlist its
co-operation when any specially intricate work is required of them.
(2) Nothing
in the preceding sub-rule shall debar a Superintendent of Police or
investigating officer from availing himself of any expert technical assistance,
which may be directly available to him, for the purpose of investigation. If
expert evidence is to be given in court, however, it should be provided by
Government experts only, when such experts exist.
(3) The
connection with the examination of arms and ammunition, arsenal officials
should only be required report, and if absolutely essential, give evidence (I)
on technical factory points, e.g., whether a weapon is in serviceable
condition: whether a particular part of a weapon is factory or mistri made, and
the like; (ii) on the type of ammunition intended to be used ( not can be used
as experience shows that there is practically no limit in this respect ) in a
particular weapon; and (iii) whether a cartridge has been reloaded, nature of
load, and the like . Arsenal expert shall not be used for elaborate and
definite sworn testimony as to whether a particular missile was or was not fired
from a particular weapon. Should districts desire opinions of this nature they
may apply to the Criminal Investigation Department for assistance but such
references should be confined to cases of major importance only.,
25.16. Cases
against Government servants. – When a Government servant is accused or is
suspected of the commission of an offence in the course of his official duties
his immediate departmental superior shall, as far as may be wise and
practicable, be kept informed regarding the course of the police investigation.
25.17. Supervision
by gazetted officers. – (1) In all important cases gazetted officers are
required personally to supervise the investigation so far as is possible and
when necessary to visit the scene of the offence.
(2) A
record of investigations by gazetted officers shall be kept in the prescribed
column of the register of cognizable offences and an abstract thereof shall be
shown in the quarterly Inspection Statement and in the Annual Provincial
Statement.
(3) Every
gazetted officer shall maintain a running note-book of offences, in which he
shall enter the salient points of the first information report and case diaries
as he hears them. The following are some of the points that should be entered
in his note-book:-
First Information Report:- (a) Police station,
village, section, date and time of offence;
(b) Distance
of village from police station and date and time of investigation opening;
(c) Name
and rank of investigating officer, who should always be the senior officer
available. Reasons for junior officer taking up cases should be most carefully
checked; and
(d) Salient
features of the case.
Case Diaries:- (a) Dates of case diaries;
(b) By whom
written and where; and
(c) Salient
features.
All unnecessary delays in the course of investigation,
in chalaning successful cases or in submitting final reports in untraced cases
should be carefully observed and stopped. Deputy Inspectors-General shall call
for these note-books at their inspections and insist on their being intelligently
used for the purpose of efficient supervision of investigations.
(4) Gazetted
officers shall interest themselves in the chalans of cases in their charge as
they come in and discuss them with the prosecuting inspector, and if possible,
with the officers who investigated them; and shall keep in touch with the
proceedings in courts.
(5) Every
gazetted officer in headquarters should see daily the English register (27.36)
of cognizable offences, with special reference to column 14 to 17 in regard to
cases in his charge, and he should bring to the notice of the District
Magistrate through the proper channel, any unnecessary delays that occur in
dealing with cases in courts, instances in which witnesses come up with chalans
and are sent back unheard, and delays in framing charges, hearing arguments or
pronouncing judgments.
(6) Gazetted
officers should follow closely the progress of cases in their charge through
the courts and they should ascertain, as soon as possible, the grounds for all
discharges and acquittals. If the grounds for the discharges or acquittals
appear to be unreasonable, they should at once being the cases prominently to
the notice of the District Magistrate through the Superintendent of Police.
25.18. Statement
recorded under section 161, Code of Criminal Procedure .—Statements recorded by
an investigating officer under section 161, Code of Criminal Procedure shall
not form part of the case diary prescribed by section 172, but shall be
recorded separately and attached to the case diary, the necessary number of
copies being made by the carbon copying process on case diary continuation
sheets ( from 25.54(1) ).
The number of statements attached to a particular case
diary. An investigating officer, after examining a person orally or recording a
statement under section 161,Code of Criminal Procedure, shall make a brief note
of the fact in his case diary.
25.18-A. Communications of official documents or
information.—(1) It is a universally recognized and fundamental principle of
police procedure that the identity of sources and agents from whom secret
information is obtained shall be known only to the officer who employs them and
that every precaution shall be taken to protect them from exposure. Except by
direction of the Governor, a Police officer shall on no account disclose the
identity of a source or agent to any officer or person outside the Force.
Within the Force he shall disclose it only to or as ordered by the superior
officers mentioned below. In the Criminal Investigation Department this superior
officer is the Deputy Inspector General in thee case of the whole department
and the superintendent of Police, Political and Assistant to the
Inspector-General for Crime and Criminal Tribes as regards the Special and
Crime Branches, respectively. In a district it is the Superintendent of Police
or the gazetted officer immediately under whom the police officer employing an
agent or source is working. When information obtained from an agent has be
transmitted to other, the greatest care shall be exercised to avoid the
exposure of such agent. The original report , or an exact copy of the original
report, shall not be transmitted buy the substance or a paraphrase shall be
sent.
(2) All
sources of police information are protected in judicial trials by sections 124
and 125 of the Indian Evidence Act which provide respectively that no public
officer should be compelled to disclose communications made to him in official
confidence and that no Magistrate or police officer shall be compelled to say
whence he obtained any information as to the commission of any offence.
Instructions regarding the production of police records as evidence are
contained in Rule 27.24.
(3) The
Governor’s Rules to secure the protection of sources of sources of information under section 58 of
the Government of India Act, 1935 and the Inspector-General’s directions framed
under those Rules will be found in Appendix 25.18-A.
25.19. Medico-legal
opinion.—(1)When a medical opinion is required in police cases, the persons to
be examined shall be produced before the highest medical authority available on
the medical staff of the district. Persons requiring examination at the head
quarters of a district shall be taken to the Civil Hospital and not to a branch
dispensary; similarly in rural areas,
where a hospital is accessible, medico-legal cases shall be sent there and not
to a rural dispensary.
(2) Medical
officers of the Irrigation Department are prohibited from undertaking
medico-legal work and officers in charge of district board dispensaries may
only be called upon to do such work, for which they must be qualified in other
respects, in cases of emergency . Medical officers may not be called upon to
proceed to the scene of an occurrence to examine injured persons except in
cases of real urgency and when it is impossible to convey the injured person to
the nearest dispensary or hospital.
(3) Police
officers cannot legally compet injured persons to submit to medical
examination, and such persons have a right to be examined privately at their own
expense by medical practitioners. “Injury Statements” (form 25.39(1)), are
intended solely for the use of the Civil surgeon of the district or any medical
officer subordinate to him, on whm the police may call for a report. Such forms
must not be given to injured persons for the purposes of examination at their
private choice, nor must they be sent with injured persons to Government
medical officers of another district.
All medical officers in charge of hospital and
dispensaries are required to report to the nearest police station within 24
hours all cases of serious injury of poisoning admitted by them for treatment,
whether such cases have been brought in by the police or not.
(4) Medical
officers of Government, or those employed by local biddies, are entitled to
charge fees for medico-legal work performed in their private capacities for
parties to cases, but no fees whatsoever are livable by Government Medical
officers for work in cases in which the crown is the complainant, including the
post marten examination, such work being part of their regular duties. The
rules under which medical officers, other than those subordinate to the Civil
Surgeon, may charge fees for medico-legal work on behalf of Government are
given in the Punjab Medical Manual; in certain cases fees may also be charged
by medical officers employed by district boards. In no case, however, are such
fees debatable to the police department; any claim submitted to Superintendents
should be passed on, with the necessary
information, to the District Magistrate.
(5) Police
officers should refrain from sending persons whose injuries are obviously
slight for medico-legal examination , and should exercise their discretion in
obtaining a medical opinion as to whether injuries received by complainants
constitute a cognizable offence.
(6) Medico-legal
cases not requiring urgent attention should be sent for examination during
hospital hours only.
(7) The
unnecessary summoning as witnesses of
medical subordinates, to the detriment of their proper activities, shall
be avoided as far as possible, and, when the attendance of such an officer is
necessary , as much notice as possible shall be given him. When the necessary
evidence can be given by the investigating officer or by another medical
witness stationed at the place where the case is being prosecuted a medical
subordinate should not be summoned from a distance merely to give corroborative
evidence.
25.20. Wounded
complaints and witnesses.—(1) when a complaint or a witness of importance in an
impotent case is seriously ill or is wounded, but does not appear to be dying,
the police officer making the investigation shall prepare a charge sheet in
accordance with rule 25.56 (1) if this has not already been done and shall
either.
(a)
With
such persons consent send him or her, for medical treatment to the station of
the magistrate having jurisdiction and invite such magistrate to take such
persons deposition in the presence of the accused person or,
(b)
If
such complaint or witness cannot be moved, or refuses to be sent, such officer
shall apply for an order of detention in respect of the accused person if he is
in custody and such order is necessary, and invite the magistarate having
jurisdiction to record the deposition of such complaint or witness in the presence
of the accused person at the place where the former is lying.
25-21. Dying
declaration…(1) A dying declaration shall, whenever possible, be recorded by a
Magistrate.
(2)
The
person making the declaration shall, id possible be examined by a medical
officer with a view to ascertaining that he is sufficiently in possession of
his reason to make a lucid statement.
(3)
If
no magistrate can obtained, the obtained, the declaration shall, when a
gazetted police officer is not present, be recorded in the presence of two or
more reliable witnesses unconnected with the police department and with the
parties concerned in the case.
(4)
If
no such witnesses can obtained, without
risk of the injured person dying before his statement can be recorded, it shall
be recorded in the presence of two or more police officers.
(5)
A
dying declaration made to a police officer should, under section 162, Code
Criminal Procedure, be signed by the person making it.
25-22. Medical
examination of women… No examination by a medical officer living women’s person shall be made without her consent and
without a written order from a magistrate, addressed to the medical officer,
directing him to make such examination.
In all cases in which the police consider
such an examination to be necessary, the woman shall be taken before a
magistrate for order. This rule shall also apply to similar examinations by
dhais or any other person.
The
word “person” applies only to those parts of the body, to expose which would
violate a woman’s modesty.
Female Assistant or
Sub-Assistant Surgeons in Government service shall only be required to do
medico-legal work on behalf of Government when the woman or girl concerned
refuses to be examined by a male doctor. When a female doctor is summoned by a
Court she must attend.
(Punjab
Government endorsement No. 558-M-36/9932, dated the 25th March,
1936)
25-23.
Searches by police officer.—(1) The rules regarding searches by police officers
are contained in section 165 and 166, Code of Criminal Procedure. Notices of
search under section 165, Criminal Procedure Code, summons to persons to
witness search under section 103(1), Criminal Procedure Code, and search lists
under section 103(2), Criminal Procedure Code, shall be prepared in forms
25.23(1)(a)(b) and (c), respectively.
(2) An officer in charge of a police station receiving a requisition
to search, under Section 166 Code of Criminal Procedure or other law
applicable, shall comply without unnecessary delay and shall take all necessary
precautions to ensure a successful search.
A police officer making
such requisition may attend personally and assist in such search or may send
one or more of his subordinates for that purpose.
(3) Gazetted
officers supervising investigations and inspecting officers shall take
disciplinary action against investigating officers who carry out searches under
section 165, Code of Criminal Procedure, without sufficient justification.
25-24. Records in custody of the post office.—The law regarding the
production of documents or things in the custody of the Postal or Telegraph
Department is contained in section 95, Code of Criminal Procedure.
The instructions issued by the
Director General of Post Offices (paragraph 152 of volume V of the Posts and
Telegraphs Manual) regarding production of records in the custody of the post
office are as follows:---
Records of post office or mail
office should be produced and information available in them should be given on
the written order of any police officer who is making investigation under the
Code of Criminal Procedure; but only those entries in the records should be
disclosed which relate to the person or persons accused of the offence under
investigations or which are relevant to that offence. In any other case the
official in charge of the office should without delay refer for orders to the
Postmaster General, who will decide whether or not under section 124 of the
Indian Evidence Act, I of 1872, the information asked for should be withheld.
When the information asked for by a police officer is not available in the
records of the post office, the police officer should be informed accordingly,
irrespective of the question whether the information, if available, might or
might not be given under the foregoing rule.
25-25. Track Law.—Provisions of law regarding tracking are contained in
sections 41 and 42 of Act IV of 1872 (Punjab Laws Act).
25-26. Importance of foot-prints and track
evidence.—(1) Footprints are of the first importance in the investigation of
crime. For this reason all officers in charge of police stations shall instruct
their subordinates as well as all lambardars and chaukidars that, when any
crime occurs all footprints and other marks existing on the scene of the crime
should be carefully preserved and a watch set to see that as few persons as
possible are permitted to visit the scene of the crime.
When
it desired to produce evidence of the identity of tracks found at the scene of
or in connection with a crime, the procedure for securing the record of such
evidence shall be similar to that prescribed in rule 26.32 for the
identification of suspects. The attendance of a Magistrate of the highest
available status, shall be secured, but if no Magistrate is available and the
case is of great urgency, independent and literate witnesses of reliable
character like Sarpanches or Panches or Lambardars, shall be requested to
conduct proceedings, but before they hold the parade, the rule regarding the
holding of parades shall be explained to them. In the presence of the
Magistrate or other person conducting the test and in conformity with any
reasonable directions which they may give, ground shall be prepared for the
tests. On this ground the suspect or suspects and not less than five other
persons, for each suspect, shall be required to walk. The Magistrate or the
person conducting the test shall record the names of all these person and the
order in which they enter the test ground. The suspect shall, of course, be
given option to take any place of his choice in the Parade and a note to this effect shall be recorded in the
Memo of proceedings which will also indicate whether he has availed of this
option. While these preparations are proceeding the tracker of other witness
who is to be asked to identify the tracks shall be prevented from approaching the
place or seeing any foot-prints of the persons joining the test parade. When
all preparations are complete, the tracker or the identifying witness shall be
called up and required to examine both the original tracks whether lifted on
the moulds or otherwise and those on the test ground and hereafter to make his
statement. The Magistrate or the person conducting the test, shall record the
statement of the tracker or the identifying witness as to the grounds of his
claim to identify the tracks, and shall put such other questions as he may deem
proper to test his bona-fides. Neither any Police Officer nor any person
connected with the case shall be allowed to take any part in the conduct of the
test. The person other than the Magistrate conducting the test may, however,
associate with them one or more independent witnesses of reliable character.
If
the tracks of culprits found at the scene of crime are shodfooted, the
Magistrate or the other person conducting the parade, shall be requested to
take the shoes into possession, paste their signed paper slip on the shoes and
seal them after the parade.
When admitting the accused or suspect whose track
parade is to be held in Jail a request in writing shall be made to the Jail
authorities to see that the accused or suspect does not change the shoes. At
the time of arrest in such cases, the Police Officer making or ordering the
arrest will take the shoes of the accused in possession, paste a chit signed by
himself and witness on it and seal them. The parcel will be opened by the
Magistrate or other person conducting the parade and resealed after the parade
as above.
If
however, the tracker, for any reason such as inefficiency, careless confusion
or adverse influence of the suspect, fails to correctly identify the tracks,
the mater should not be left there. It is still open to the Investigator, if
another more efficient and reliable tracker is not available, to get the moulds
for foot-prints found at the scene of crime and those prepared and duly
initialled by the Magistrate or other person holding the parade at the time of
the track identification parade, compared by the Director, CID, Scientific
Laboratory, Phillaur, and obtain his expert opinion as to whether the foot
impressions in both the mounds tally.
Tracks
which it is desired to test by comparison as above, shall be protected
immediately on discovery, and their nature, measurements and peculiarities
shall be recorded at the time in the case diary of the investigating officer.
The details of the preparation of the test
ground and the actions required of the suspect and those with whom his tracks
are mixed must vary according to the circumstances of the case. The person
conducting the test shall so arrange that the identifying witness nay be given
a fair chance, but under the strictest safeguards, of comparing the original
tracks with other track, made on similar ground and in similar conditions.
Before
inviting person other than the Magistrate to conduct the proceeding, the Police
Officer concerned will ensure that he is not interested in or against the
suspect or accused.
(3)
The
evidence of a tracker or other experts described in the foregoing rule can be
substantiated by the preparation of moulds of other footprints of the criminal
or criminals found at the scene of the crime. The method of making moulds of
footprints by means of plaster of Paris or a composition of two parts of resin
to one part of wax or parafin is taught to all students at the Police Training
School but requires practice before an officer can become proficient. The only
advantage in the first method (plaster of Paris) is the quickness with which
the material sets. Resin and wax are cheap and can be used more than once.
In making mounds for production as evidence the following precautions
should be observed:---
(a) The footprints found on the scene of the
crime must be pointed out to realise witnesses at the time and these same
witnesses must be present during the preparation of the mounds.
(b) The later must also be signed or marked by the witnesses and the
officer preparing them while still setting.
(c) After the procedure described in
sub-rule (2) above has been completed a mould should be prepared in the
presence of the magistrate or witnessed of one of the foot-prints of the
suspect made in their presence. This mould should be signed by the magistrate
or witnesses when still setting.
(d) Both mounds should be carefully preserved
for production in court for identification by witnesses and comparison by the
court.
Methods of recording footprints-(1) by tracing through
glass footprints found on the ground or other surface, and (2) by taking
impressions of feet direct on to paper, as in the case of finger impressions,
are taught at the Police Training School. Such records at the scene of offence.
They may also be used to check the reliability of local trackers.
25-27. Confessions…
The orders of the High Court by which magistrate are bound in respect of the
record of statements or confessions are contained in Appendix No. 25-27. All
supervising and investigating police officers must familiarise themselves with
these instructions and conform strictly to them in producing accused persons
for the record of their statements.
25-28. Statements
recorded by magistrate…(1) The circumstances under which police officers may
require a statement to be recorded by a magistrate are as follows:---
(a)
The
statements, made in the course of an investigation by a witness or an accused
person, and not amounting to a confession, may be recorded by a magistrate
under section 164 Code of Criminal Procedure, in order that it may be available
as evidence at a later stage. Such statements may be recorded in any of the
manners prescribed for recording evidence.
(b)
A
confession may be recorded under section 164, Criminal Procedure Code,
irrespective of the tender of a pardon, and of whether it involves more persons
than the individual accused making it.
(c)
In
the classes of offences specified in section 337, Criminal Procedure Code, a
police officer may, at any stage of the investigation, inquiry or trial, move a
magistrate empowered under that section to tender a pardon to an accused
person.
(d) In cases in which a pardon cannot be
tendered under section 337 Criminal Procedure Code, but in which it is
desirable to obtain the evidence of a suspect against his accomplices, a police
officer may recommend to the District Magistrate that the local Government be
moved to give a promise not to prosecute an offender, subject to his fulfilling
whatever conditions might be imposed in giving such promise. Action of this
nature can only be taken before the case has been sent for trial.
Note:- The
original orders on which this paragraph is based are contained in Punjab
Government Circular 2/117 of 27th April 1898 as qualified by
circular No.426 of 30th September, 1906, and were reproduced as
Appendix 25.41(3) of Punjab Police Rules, Edition 1915.
(2) If a professional offender is convicted
and sentenced to imprisonment or transportation and it appears that he belongs
to a gang of offenders and is willing to do everything in his power to bring
the members of such gang to justice, or to give valuable information leading to
the discovery of stolen property, the Superintendent may apply to the State
Government for suspension or remission of the sentence of such prisoner under
section 401, Criminal Procedure Code. Such application shall be made through
the District Magistrate.
25.29. Confessing
accused and approvers—(1) The Criminal
Procedure Code supplemented by the High Court instructions quoted in Appendix
25.27 prescribe a number of precautions which are intended to give to a court
conducting a trial the maximum assurance that a confessing accused has not been
subjected to such pressure or inducements as to invalidate this evidence under
section 24, Indian Evidence Act. All police officers, who exercise any
authority in connection with investigations, are required to have a through
understanding of these provisions. The departmental instructions here give
merely supplement and in no sense replace them.
(2)
The main requirements, in so far as the police are concerned, are:---
(a)
No
police officer may offer a pardon. An accused person desirous of making a
statement with a view to obtaining a pardon, shall be told that no promise
whatsoever can be made, but that, if a statement is made and verified and found
to be of sufficient importance to merit such action, the facts will be reported
to a magistrate, who has power to offer a pardon. No steps may be taken in this
connection by subordinate police officers without the previous sanction in
writing of a gazetted police officer.
(b)
Statements,
whether under section 164 or 337, Criminal Procedure Code, shall be recorded by
the magistrate, other than the District Magistrate, having the highest powers,
who can be reached within reasonable time. Save for special reasons, which must
be explained by the investigation officer, such statements shall never be
recorded by 2nd class magistrate unless they have been specially
empowered to record such statements.
(c)
The
magistrate is required to make enquiries as to the circumstances leading up to
the confession; and police officers shall invariably furnish, so far as is in
their power, information required of them in this respect.
(d)
Police
officers connected with the investigation shall not be present while the
confession is being recorded.
(e)
Magistrates
are required to give orders, when remanding to custody persons who have made a
confession, that they shall be kept separate from other prisoners.
(f)
Approvers
shall remain under arrest until the conslusion of the trial.
(g)
When
more than one person confesses or turns approver in a case, their confessions
shall, if possible, be recorded by different magistrates and they shall not be
allowed to meet one another till their evidence has been recorded in court.
(h)
Magistrates
shall be moved to record statements of confessing persons in full detail; in
political cases and those in which professional criminals whose activities
extend over a large field are suspected, copies (in English) of approvers’
statements and confessions shall be sent to the Deputy Inspector General,
Criminal Investigation Department.
(3) It must be remembered that the prosecution
of a gang case, even without an approver, in a section 3C magistrate’s court,
is a very lengthy and difficult task owing to the large number of witnesses and
the numerous linked individual cases. If, however, the prosecution relies upon
an approver, the length and difficulty of the task is at least doubled as, in
accordance with section 337(2-A), Code of Criminal Procedure, the case has to
be committed to the Sessions or High Court. Therefore, before the launching a
gang case under section 400 or 401, Indian Penal Code, with an approver, the
District Magistrate and Superintendent of Police should first satisfy
themselves that is not possible to secure satisfactory results by proceeding in
individual cases without resort to section 400 and 401, Indian Penal Code. If,
however, it should still appear expedient to conduct a gang case, they should
ascertain whether the district resources are equal to the strain of both
committal proceedings and trial in the Sessions or High Court without outside
assistance. If the district resources appear to be inadequate, the case should
then be referred through the Deputy Inspector General of the range to the
Deputy Inspector General of Police, Criminal Investigation Department, for
decision whether the case should or should not be undertaken.
25-30 Place
of trial – With regard to the place of trial of cases falling under sections
179-183, Code of Criminal Procedure, police officers shall act solely with
reference to the public convenience.
Ordinarily such cases shall be sent up for
trial in the district in which the witnesses can attend with the least
inconvenience to themselves.
25-31 Inquests
– (1) An officer in charge of police station shall, upon in receipt of
information of the sudden or unnatural death of any person, when the body of
such person is within the local jurisdiction of his police station, immediately
send information to the nearest magistrate authorized to hold inquests and
shall proceed to the place where the body is and hold an investigation in the
manner prescribed by section 174, Code of Criminal Procedure. When the
Sub-Inspector in charge of the Police Station through illness or absence from
the station house, is himself unable to carry out the investigation, he shall
at the first convenient opportunity proceed to the place where the body of the
deceased person was found, and shall personally verify the results of the
investigation.
(2) In cases where the body is not found,
or has been buried, there can be no investigation under section 174, Code of
Criminal Procedure.
In such cases, if there are reasonable
grounds for suspicion that a cognizable offence has been committed, the police
shall register a case and commences investigation:---
Provided that the following cases shall be
exceptions to this rule:---
(a)
When
the death of any person is caused by
injuries unlawfully inflicted by a soldier or camp follower, or occurs within
the limits of a military cantonment, the inquest shall be conducted by the
Cantonment Magistrate, under section 176, Code of Criminal Procedure, or by the
nearest competent magistrate if the post of Cantonment Magistrate is held by an
officer not specially empowered to hold inquests or if the scene of death is
outside cantonment limits.
If the magistrate invited to hold the inquest fails to do so, the
Superintendent or other gazetted officer shall make an investigation under the
combined provisions of sections 174 and 551, Code of Criminal Procedure, and if
no gazetted officer is available such investigation shall be made by the office
rin charge of the police station concerned.
Such inquest or investigation under the Code of Criminal Procedure
shall be held in addition to any military court of inquest which may be held.
(b)
In
the case of the sudden or unnatural death of a European soldier,
non-commissioned officer, or officer the inquest shall be held under section
176, Code of Criminal Procedure, by the nearest magistrate duly authorized to
hold inquests.
(c)
In
the case of a death by violence occurring within the walls of a military prison
or civil jail the police shall not make an investigation into the cause of
death when an inquest has been held by a competent magistrate.
(d)
Upon
receipt of information of a sudden or unnatural death within the walls of a
prison the officer in charge of the police station concerned shall send
intimation to the senior magistrate present headquarters and shall proceed to
the prison and place a guard over the body and shall allow neither the body nor
anything which may have caused the death of the deceased to be moved until the
arrival of a magistrate.
25-32 Investigations under section 174, Code
of Criminal Procedure – The
respectable
inhabitants who are required section 174, Code of Criminal Procedure, to take
part in any investigation into a sudden or unnatural death shall be selected
with reference to any special attainments they may possess which are likely to
be of use in such investigation.
25-33. Investigating officer – action of at
scene of death. – On arrival at the place where the body of a deceased person
is lying, the police officer making the investigation shall act as follows:---
(1)
He
shall prevent the destruction of evidence as to the cause of death.
(2)
He
shall prevent crowding round the body and the obliteration of footsteps.
(3)
He
shall prevent unnecessary access to the body until the investigation is
concluded.
(4)
He
shall cover up footprints with suitable vessels so long as may be necessary.
(5)
He
shall draw a correct plan of the scene of death including all features
necessary to a right understanding of the case.
(6)
If
no surgeon or other officer arrives, he shall, together with the other persons
conducting the investigation, carefully examine the body and note all abnormal
appearance.
(7)
He
shall remove, mark with a seal, and seal up all clothing not adhering to, or
required as a covering for, the body, all ornaments anything which may have
caused or been concerned in the death of the deceased and shall make an
inventory thereof.
In the inventory shall be described the position in which each thing
was found and any blood-stain, mark, rent, injury or other noticeable fact in
connection with such thing. The number and dimension of such stains, marks,
rents, injuries, etc., shall also be given in the inventory.
A counterpart of the mark and seal attached to such thing or to the
parcel in which it has been enclosed shall be entered in, or attached to the
inventory.
(8)
He
shall take the finger prints of the deceased person if the body is
unidentified.
(9)
The
photographing of the body in situ and of the scene of the occurrence may prove
of great evidential value.
25-34. Disinterment of bodies. –
The following rules relate to the disinterment of bodies:---
(1)
An
officer in charge of a police station and any superior police officer lawfully
making an investigation into the unnatural or sudden death of any person shall,
on learning that the body of the deceased person has been formally buries, record
in writing the information which has reached him and the grounds on which he
considers it necessary that the body should be disinterred.
(2)
He
shall forward the information so recorded to the nearest magistrate empowered
to hold inquests and ask for an order under section 176(2), Code of Criminal
Procedure, and in the meantime shall guard he grave.
(3)
On
receipt of such order, if the magistrate himself does not attend the
disinterment, such police officer shall, in the presence of two or more
respectable inhabitants of the neighbourhood, cause the body to be disinterred.
Such police officer shall then comply with the provisions of section 174, Code
of Criminal Procedure.
(4)
Police
officers shall invariably examine witnesses to prove the identity of
disinterred bodies before commencing their investigation.
(5)
When
a body has lain in the grave for a period exceeding three weeks no disinterment
shall be made by any police officer until the opinion of the Civil Surgeon has
been obtained, and then only with the concurrence of the District Magistrate.
25-35. The Inquest Report. – (1) When the
investigation has been completed the investigating officer shall draw up a
report, in duplicate by the carbon copying process, in Form 25-35(1) A,B, or C,
according as the deceased appears to have died:---
A from natural causes.
B by violence.
C by poisoning.
(2)
Such
report shall state the apparent cause of death, give a description of any mark
or marks of violence which may be found on the body and describe the manner in
which and the weapon or instrument with which such marks appear to have been
inflicted.
(3)
The
report shall be signed by the police officer conducting the investigation and
by so many of the persons assisting in the investigation as concur therein and
shall be forwarded without delay through the Superintendent to the District
Magistrate or, it the District Magistrate has so directed, to the
Sub-Divisional Magistrate.
(4)
The
following documents shall form part of such report:---
(a)
The
plane of the scene of death.
(b)
The
inventory of clothing, etc.
(c)
A
list of the articles on and with the body, if the body is sent for medical
examination.
(d)
A
list of articles sent for medical examination, if any.
(5)
In
cases of death by hanging, the report shall give particulars as to the height
and sufficiency of the support and the nature of the thing used to bear the
weight of the body.
In drowning cases the depth of the water shall be stated.
(6)
The
carbon copy of such report shall be filed in the police station register No.
VI.
(7)
A
copy of all reports relating to deaths caused by railway accidents shall, when
made by a police officer other than a railway police officer, be forwarded to
the Assistant Inspector-General, Government Railway Police.
25-36. Post-mortem examination – when and by
whom held. – (1) The legal requirements in respect of post-mortem examination
by a qualified surgeon are contained in section 17(3), Code of Criminal
Procedure. In every case where death appears to have been due to suicidal,
homicidal, accidental or suspicious causes and where any doubt exists as to the
exact cause of death, or if it appears to the officer conducting the
investigation – whether under section 157 or section 174, Code of Criminal
procedure – expedient to do so, the body shall be sent to the nearest medical officer
authorized by the Local Government to conduct post-mortem examination. The
sending of bodies of examination may only be dispensed with, where such action
is otherwise required when conditions exist, such as advanced putrefaction,
which would clearly make examination useless.
(2)
An
investigating officer is empowered by law with the discretion to dispense with
a surgical examination of the body – (a) if he is fully satisfied that the
cause of death is established beyond doubt, (b) in the circumstances described
at the end of the preceding sub-rule. In regard to the former condition, it
must be remembered that the existence of an apparently fatal wound does not
necessarily establish the cause of death. In cases where investigation
establishes the accidental nature of the event which led to the death and the
history of the deceased and of the, case suggests no reason to suspect that
expert examination of the body will reveal any cause of death other than the
apparent one, such examination may be dispensed with. In all cases where
suspicion exists that the death was due either to suicide or to an act
rendering the perpetrator thereof liable to a criminal charge the body must be
examined by a qualified medical officer, if possible.
(3)
The
law requires that the body shall be sent to the nearest qualified medical
officer, and the orders of the Local Government prohibit the summoning of such
officer to conduct his examination at or near the scene of the death save in
exceptional cases. These may occur, where, owing to advanced putrefaction or
the circumstances in which the corpse was found, movement of the corpse may
make it impossible for the medical officer to form a correct opinion as to the
nature of the injuries or the exact cause of death. In such cases if the investigating
officer considers expert postmortem
expeditious means available to the Superintendent of Police or gazetted
officer in charge of the case, with a request that a qualified officer shall be
sent to the absence of District Magistrate from headquarters to give orders for
the medical examination of the body at the scene of death.
(4)
In
cases where it is impossible either to send a body to a qualified medical
officer or to have it examined by such officer on the spot, the investigating
officer may, at his discretion, request the nearest Government medical officer,
even though such officer be not authorized to conduct post mortem examination,
to assist him with his anatomical and other expert knowledge in estimating the
effects and causes of injuries, etc. Such medical officers are not empowered to
perform any operation on the body. Medical officers of the Irrigation and
Public Health Departments and of local bodies cannot be called upon in this
connection unless they have been specially authorized by the Local Government
to undertake the medico-legal work (vide rule 25.19).
25-37. Post-mortem examinations – action to be
taken by police. – When corpses are sent for medical examination the following
rules shall be observed:---
(1)
The
result of the investigating officer’s examination of the body shall be
carefully recorded in form 25-39(1). Clothing found on the body, foreign matter
adhering to it and any instrument likely to have caused death remaining in a
wound or on the body shall be secured in the position in which found, if
possible, or, otherwise, shall be carefully packed separately, according to the
instructions contained in rule 25-41.
(2)
To
counteract decomposition as far as possible the body shall be sprinkled with
Formalin diluted to 10 per cent and shall also be so used with strong solution
of chloride of lime in water. Bodies which have to be carried long distances
should be sprinkled with the dry powder of chloride of lime or with carbolic
powder sold commercially in tin boxes with a perforated lid specially
constructed for sprinkling purposes. The use of powdered charcoal is
prohibited, as the stains caused thereby may complicate the task of post-mortem
examination.
(3)
The
body shall be placed on a charpoy or other light litter and protected from the
sun, flies and exposure to the weather. The litter shall be transported to the
place appointed for the holding of post-mortem examinations by such means as
the investigating officer may consider most expedient in the circumstances of
weather, distance to be covered and conditions of the body. If necessary and
expedient conveyance, including a motor vehicle, may be hired to carry the
corpse and those who are required to accompany it as escort or witnesses.
(4)
All
police officers along the route are required to give immediate assistance to
expedite the transportation of dead bodies for medical examination.
(5)
Two
police officers who have seen the dead body in the position in which it was
first found, and are competent to detect any attempt at substitution or
tampering with the body or its coverings, shall accompany the body to the
mortuary, and remain in charge of it until examination is complete. If
necessary an additional guard shall be supplied by the Lines Officer to place s
sentry on the mortuary, but the officers who have accompanied the body from the
sport shall hand it over personally to the medical officer conducting the
post-mortem examination together with all reports and articles sent by the
investigating officer to assist the examination and shall receive and convey to
the investigating officer the post-mortem report.
(6)
As
soon as the Civil Surgeon has intimated that his examination is complete, the
police shall, unless they have received orders from a competent authority to
the contrary, make over the body to the deceased’s relatives or friends or, if
there are no relatives or friends, or they decline to receive it, the police
shall cause the body to be buried or burnt according to the rules framed in
this behalf by the District Magistrate.
25-38. Unidentified bodies. – If a body is
unidentified, the officer making the investigation shall record a careful
description of it, giving all marks, peculiarities, deformities and distinctive
features, shall take the finger impressions and, in addition to taking all
other reasonable steps to secure identification shall, if possible, have it
photographed, and, in cases where such action appears desirable, a description
published in the Criminal intelligence Gazette.
Unidentified corpses
should be handed over to any charitable society which is willing to accept
them, and if no such society comes forward, they should then be buried or
burnt.
25.39. Form to accompany body or Injured
person.—(1) When an injured person or a
body is sent to a medical officer, Form 25.39
shall, in addition to any other report prescribed, be prepared by the
carbon copying process and given to the police officer, in duplicate, who
accompanies the injured person or goes in charge of the body. The form shall be
prepared in English, if possible.
25.40. Articles for medical examination – how
sent.—(1) Articles sent for medical
examination, together with a body or injured person, shall be sent under the
charge of the escort which accompanies such body or person.
(2) When no body or injured person is sent, such
articles shall be sent in the charge of an escort which shall take them to
Civil Surgeon without relief.
25.41. Chemical Examination-Channel of
communication with. –(1) Superintendents
of Police are authorised to correspond with and submit articles for analysis
to the
Chemical Examiner direct in all cases other than human poisoning cases.
Any references in relation to human poisoning cases shall be made through the
Civil Surgeon.
(2) Articles for chemical examination. With regard
to the packing of articles sent for chemical examination, the following rules
shall be observed:---
(i) Liquids,
voit, excrement and the like, shall be placed in clean wide-mouthed bottles or glazed jars, the stoppers or corks
of which shall be tied down with bladder, leather or cloth, the knots of the
cord being sealed with the seal of the police officer making the investigation.
Such
bottles or jars shall be tested, by reversing them for a few minutes to see
whether they leak or not.
(ii)
Supposed
medicines or poisons, being dry substances, shall be similarly tied down in
jars or made up into sealed parcels.
(iii)
All
exhibits suspected to contain stains should be thoroughly dry before being
packed and despatched for examination. The safest way of drying exhibits is to
expose them to the sun. In cases of exhibits that become brittle on drying,
they should be carefully packed in-cotton wool and then in a wooden box.
(iv)
Blood-stained
weapons, articles or cloth, shall be marked with a seal and made up into sealed
parcels. The entire article shall be sent.
(v)
Sharp-edged
and pointed exhibits like swords, spears, etc should be packed in boxes and not
bound up into cloth packages. In their transit through the post they are liable
to cut through the packing material and the exhibit is exposed.
(vi)
On
each bottle, jar and parcel and also on each article or set of articles
contained therein, the separate identification of which has to be proved, shall
be affixed a label describing the contents, giving full particulars and stating
where each article was found.
On such label shall be impressed a counterpart of the seal used to
secure the fastening of the bottle, jar or parcel. A copy of each label, and a
counterpart impression of the seal shall be given in the inquest report, and in
the case of cattle poisoning, in the case diary.
(vii)
As
far as possible no letters should be glued on to exhibits as they interfere
with analysis.
(viii)
exhibits
such as clods of earth should be packed carefully in wool and placed in a wooden box.
Notes.-(1) Cases in which death is clearly due to
natural causes should not be referred to the Chemical Examiner. Medical
Officers must accept the responsibility of deciding such cases.
(2)
In
no case should the Medical Officer attempt apply tests for himself. Any such
procedure is liable to vitate the subsequent investigation of the case in the
laboratory of the Chemical Examiner.
(3)
Exhibits in connection with cases of murder by
hurt or violence may be sent direct to the Chemical Examiner. This saves time
and relieves the office of the Civil Surgeon of the district of unnecessary
correspondence.
(4)
Endeavour
to send all the exhibits in a case of murder by hurt or violence under one
covering letter thereby reducing the cost of examination, etc.
(5)
Nail
clippings are poor exhibits to send for the detection of blood in murder cases.
No court of law could be expected to attach much weight to the finding of buman
blood on the nails of the accused.
(6)
Stomach
tubes in hospitals are frequently kept in a solution of mercury. They should be
carefully washed with water before use. Traces of mercury found along with
another poison in stomach contents might produce such complications as would
handicap the successful prosecution of a case.
(7)
Carbon
copies of reports are sometimes very difficult to read and should be prepared
clearly.
(8)
Articles
of which return is required for production in court or otherwise should be
distinctly specified in the forwarding letter sent with articles for chemical
examination.
(3) Any document purporting to be a report from the
Chemical Examiner or his assistants is admissible as evidence under section
510, Code of Criminal Procedure. No summons can be issued to the officers of
this department in their official capacity without the permission of the Hon’ble
Judges of the High Court. Any question or explanation on a certain report
should be done by letter or by a personal interview.
(4) Attention is also directed to the further
directions for, and precaution to be taken in forwarding articles to the
Chemical Examiner for eamination report and the rules for preserving and
packing exhibits contained in Appendix 25.41(4) .
25.42. Explosives.—(1) Substances for or objects suspected of being
explosive shall be sent for examination to the Inspector of Explosives,
Northern India Circle, whose address is care of the Chemical Examiner, Punjab,
Lahore (telephone number-Lahore 2248).
(2)
Instruction
for dealing with substances or objects suspected of being explosive are
published in Appendix 25.42(2).
25.43. Procedure in poisoning cases.—(1) A police officer making an investigation in a
case in which position has been administered shall record in his report all
information likely to be of value in assisting the Civil Surgeon or the
Chemical Examiner to form an opinion as to the precise posions employed.
(2) when treatment has been adopted before the
death of the individual, the duration and nature of such treatment shall be
communicated to the Civil Surgeon for the information of the Chemical Examiner.
(3) If the body of the deceased persons has been
burnt, the ashes of the funeral pyre shall be collected and sent in a closed
vessel to the Civil Surgeon, accompanied by a statement of the circumstances
which rendered this course of actions advisable.
(4) The ordinary symptoms caused by common poisons
are described in Appendix 25.43(4).
25.44. Procedure in cases of poisoning of
animals.—When in the investigation of a cognizable offence relating to the
unlawful killing of an animal, it is necessary to obtain a professional opinion
as to the cause of the death of such animal,---
(i)
If
the animal appears to have been poisoned in the ordinary way and there are no
signs of puncture on the carcase the mouth shall be examined and anything
abnormal found in it secured and placed in a clean glazed jar or bottle.
(ii)
The
carcase shall be opened and the stomach removed. The stomach shall be cut open,
and its appearance observe, as to whether it is congested or not.
A piece of the stomach, the most congested part, about a pound in
weight, the reticulum, and a portion of the liver, about two pounds in weight,
shall be cut off and placed in a clean glazed jar or bottle.
Rectified spirit shall be poured into the bottle in sufficient quantity
to cover the contents completely in whatever position the vessel may be held.
The quantity of spirits shall be at least one-third of the bulk of the
object in the bottle
(iii)
Water
shall be gently poured over the remaining portion of the stomach, and any
arsenic or any white or yellow particles found shall be carefully collected.
The posions particles, or pebbles, so collected or otherwise found, shall be
enclosed in a seal parcel.
(iv)
If
the animal appear to have poisoned by means of needles, carcase shall be flayed
and the flesh near the puncture exanimate.
If the flesh appears inflamed, a portion near the puncture shall be cut off and
secured in the manner prescribed in sub-section(2).
And needle found shall likewise be secured.
(v)
if
the animal has been poisoned by funs of arsenic, etc. portion of the lining
membrane of the nostrils windpipe and in addition , the animal’s lungs shall be
secured.
(vi)
Jar
or bottles shall be carefully corked or stupider and the crocks or stoppers
tied down with bladder, leather, or cloth.
The knots of the cord shall be sealed with the sealed the police
officer making the investigation.
(vii)
On
each bottle, jar or parcel shall be affixed a label describing the contents and
giving full particulars and on su9ch label shall be impressed a counterpart of
the seal used to secure the fastening of the bottle, jar or parcel.
A copy of each label and counterpart impression of the seal shall be
given in the case diary accompanying the despatch.
(viii)
The
jar, bottles and parcels and any supposed poison found shall be despatched to
the Superintendent of Police for transmission to the Chemical Examiner with the
information required by form 25.44 (iii).
25.45. Matter how forwarded to chemical
examiner—(1) If the Superintendent of Police consider that there are prima
facie grounds for believing that the animal was poised, the bottles, jar or
parcels shall be enclosed in a soldered in tin case with an outer wooden cover
and despatched, carriage paid, to the Chemical Examiner. If box is to be sent
by post, or as prepaid freight by rail, the additional presentations described
in Appendix 25.41(4). Shall be taken. A labels bearing a reference to the
number and date of the letter intimating despatch shall be placed inside the
box. Such letter shall contain an inventory of the jars, bottles and parcels
despatched with counterparts of their labels and seals. A thin layer of cotton
wood shall be placed on each side of the seal impression to prevent its being
braking the post.
(2). An English translation
of the material parts of the case diary relating to the poisoning of the animal
shall be forwarded with the letter intimating the despatch of the box.
(3). The owner of the care
as of a poisoned animal shall be encouraged to destroy it by 0cutting up the
hide in small pieces, breaking up the horns and bones and burying the whole at
a considerable depth. Cattle are sometimes poisoned by hide dealers with a view
to obtain their hides at a cheap rate. The destruction of the hide removes this
motive.
(4). Bills for all costs
incurred in the transmission of substance for medical examination whether
connected with the death of human beings or of
animal shall be paid from the budget head “ Carriage of corpses and
transmission of substances for medical examination contacted with the death of
human beings or of animals under 29” Police –Other Contingencies.
25.46. Imperial Serologist Calcutta –articles
sent to.—The following rules
regulate the circumstances under which articles suspected to bear human
blood-stains shall be sent to the Imperial Serologist, Calcutta through the
Chemical Examiner:---
(a)
In
case in which the evidence of the blood-stained articles is, relatively to the
whole body of the evidence, of small importance, the articles shall be sent
direct to the Chemical Examiner, Lahore,
for Examination .
(b)
In
case in which the establishment of the fact that blood-stains are human blood
as distinct form the general classification of Mammalian” is material to the
prosecution and has a really important
bring on the case the blood-stained articles shall be sent direct to the
Chemical Examiner, who will determine which of such articles he will forward to
the Imperils Serologist with the necessary sketches, etc. in sending articles
for serological test, the Superintendent of Police shall specifically ask for
examination to determine the sources of the blood. The Imperial Serologist
will, after examinations the articles sent him by the Chemical Examiner, return
them with a copy of his report direct to the Superintendent of Police
concerned.
(c)
When
blood-stained clothing is concerned, the stained portion only shall be cut out
by the Chemical Examiner and sent. In the case of weapons and other solid
articles the entire article may have to be sent.
(d)
All
articles shall be accompanied by a complete medico-legal history of case.
(e)
No
article shall be sent direct to the
Chemical Examiner except under the express order of the Superintendent.
25.47. Report of medical officer—(1). The medical officer having completed his
examination of the person , body, or article shall record in full the result
arrived at and in the case of a post mortem examination, is opinion as to the
cause of death. He shall also record a list of any articles which he may intend
to send to the Chemical Examiner. The report shall be written on the back of,
or attached to form 25.39(1) and shall contain such reference to the person or
object examined as will leave no possible doubt as to which case the remarks
apply.
(2). The report shall be placed with the police file
of the case and may be used by the medical officer to refresh his memory when
giving evidence.
25.58. Maintenance and disposal of stolen
cattle during investigation and trail.—(1) In
case in which cattle or other animals alleged to be stolen are exhibits, the investigating officer shall
, if the court of the magistrate having jurisdiction is so distant form the
place where the cattle or other animals are kept that evidence of
identification is likely to be prejudiced or the cattle are likely to suffer in
condition by being driven to and fro, send information to the prosecuting
branch that the case is ready for trail, and request that it may be heard at or
near the place where the cattle have been seized or found. On receipt of such
report the head of the prosecuting branch shall, subject to the orders of the
Superintendent of Police, represent the facts to the District Magistrate and move
him to arrange for the case to be tried on the spot.
(2). When a chalans is acutely laid before a
magistrate the stolen cattle should properly be in the custody of the police,
but as soon as the identification evidence has been completed, the police prosecuting
agency should at once approach the magistrate under section 516-A of the
Criminal Procedure Code with a request that the cattle may be made over ot an
independent surety or to the complainant on security pending the conclusion of
the case.
(3). With the object of mitigating the injury and
inconvenience caused to owners of stolen cattle during the investigation and
trial of cattle-theft cases, the prosecuting branch shall move courts trying
such cases to award punishment of in as well as imprisonment and direct such
fine to be paid to the owner of the cattle concerned in the case in proportion
of the loss or injury he may have
suffered by reason of his association with the investigation and trial as
provided by section 545(1) (b) and (c)
of the Code of Criminal Procedure.
(4). Complainants
in cattle0theift cases or sureties to whom cattle have been made over for safe custody and
production as and when required during the investigation and trial are entitled
to receive the cost of maintain such cattle.
Expanses incurred under this rule during the investigation of a case shall be paid from the persons (
Supplies and Services) and claims shall be made by officers in charge of police
station form 25.48(4). Payment may be made direct to the person entitled to
receive it from the permanent advance allotments of police stations, if the
Superintendent of Police by general order so direct. Otherwise the sum
claimed shall be drawn by contingent
bill as expeditiously as possible and sent to the police station concerned for
disbursement. Expenses of maintances during the tendency of the case in court
shall be paid form judicial funds, and the prosecuting branch shall be paid
form judicial funds, and the prosecuting branch shall be responsible for
recovering amounts due on this accounts together with and in the same manner as
diet and journey money.
(5). The rates authorized for payment under
sub-0rule(4) above will be notified by the District Board in each district form
time to time.
25.49.
Property
not required to be returned.—On the
conclusion of an investigation the investigating officer shall make over to the
proper persons all property which he may have taken in to his charge in the
course of the investigation and which is not further required in connection with
case. A receipt for property to made over shall be taken on the inquest report.
25.50.
Seizure
of property in extradition cases.— In any proceedings against any person under the Extradition Act XV of
1903) of any treaty for the extradition offenders, property in the possession
of such person or of other persons, and required in connection with the case,
may be seized and disposed of under the provision of the Code of Criminal
Procedure relating to the Seizure and disposal of property required in case
occurring in British India ( Government of India Notification No. 362-1 of 22nd
July, 1925).
25.51. Recognizance
form witnesses—(1). If the fact
disclosed by the investigation indicate the commission of a cognizable offence
and the person who appears to be guilty of such offence is arrested, the
investigating officer shall, when he has completed the investigation, take
revognizances form the witnesses as provided by law.
(2)
The
charge-sheet and its preparation and submission are dealt with in Chapter
XXVII. To facilitate compliance with rule 27.1 (4) investigating officers
shall, when possible, intimate to the prosecuting inspector some days in
advance the date when the chalans and witnesses will reach headquarters.
25.51.
Dissemination
of “intelligence and hue and cry notices—(1). Every officer proceeding on an
investigation shall have with him a supply of blank hue and cry notices (form
23.18) and shall utilize them as directed in rule 23.18.
(2). Nothing in this rule,
or in rule 23.18 shall affect the taking of prompt action under section 87 and
88, code of Criminal Procedure, as required by rule.
23.53. Case Diaries—(1). Section 172 (I), code of Criminal Procedure.
(2). Case diaries shall be
as brief as possible; shall not be swollen with lengthy explanation and
theories, and shall be written either in English or in simple Urdu.
Only such incident of the investigation shall be included as have a
bearing on the case.
(3). Detailed lists of
stolen property, or property seized in the course of a search shall be entered
in the first case diary submitted after the fact relating to such property were
reported, to, or discovered by, the investigating officer.
(4). The fact that Copies of the record prepared under the provision of section 165
or 166, Code of Criminal Procedure, have
been sent to the nearest magistrate empowered to take cognizance of the offence
shall also be noted.
25.54. Record of case diaries—(1). Case diaries
shall ordinarily be submitted in Form 25.54 (1). And each sheet shall be
numbered and stamped with the station stamp.
Two or more copies, as may be ordered shall be made by the carbon copying
process by the officer conduction the investigation. The officer writing a case
diary shall enter in such diary a list
of the statement, records under section 161, Criminal Procedure Code, which are
attached to such diary and the number of pages of which each such statement
consist.
(2). They
shall be sent form the seen of investigation to the police station without
delay.
(3). On
arrival at the police station the number and date of each case diary shall be
recorded on the reverse of the police station copy of the first information
report, and the date and hour of receipt shall be entered on each copy of
diary.
(4). The original shall be despatched with as
little delay as possible to the inspector or other superior officer as may be
ordered, after the time of despatch has been entered in the space provided in
the form on both the original and the copy or copies.Orders for the disposal
and recovered of case diaries in the head quarters office are contained in
rule11.70. Also see rule271.38.
(5). A copy of every case diary shall be retained at
the police station , a separate file being maintained for each case. Such files
shall be destroyed in accordance with the periods fixed in sub-rule 27.39.(5).
(6). Copies of all orders received at a police
station in connection with case diaries and the replies there to shall be made
on blank sheets of paper and shall be attached ot the case diary to which they
refer.
25.55. Files of case diaries—(1). When a case
is sent for trial the police station files of case diaries shall be forwarded
with the chalans to the magistrate, and on completion of the trial shall be
returned to the police station for record.
(2). Such files when
received back at the police station also files of other cases in which the
0final report has been submitted, shall be filed at the police station in an
annual bundle A in accordance with the serial number of their first information
reports.
(3). Copies
of case diaries in pending cases shall be kept in files at the police station
in a separate bundle B in accordance with the number of their first information
reports.
(4). A list shall be kept in each bundle A and B
of all the files contained therein
merely quoting the numbers of their first information reports,. Should it be
necessary to remove a file from the bundle the fact will be noted in the list.
25.56. Procedure when the investigation cannot
be completed in 24 hours,---
(1) When an
investigating officer requires authority to detain an accused person in police
custody beyond the limits prescribed in section 61 of the Code of Criminal
Procedure, 1998, he shall make an application therefor in accordance with the
provisions of setion167, of the said code in Form 25.56 (1) to which he shall
attach the case diaries or copies there of.
The Magistrate will record his order on
the above application which will not be returned to the police, but will form
part of the Magisterial proceedings. The magistrate shall sign and date every
page of the case diaries or copies there of an token of having seen them.
Application for remained shall be prepared in duplicate by the carbon coping
prices and a copy of the Magistrate’s order will be made by the Police Officer
on the carbon copy of the application, which will then be attached to case is
finally sent for trial. Case diaries will be attached to the charge-sheet when
case is finally sent for trial. Case diaries will not form part of the judicial
file. The orders of High Court in connection with the granting or remands to
the police custody are contained in Appendix No 25.56 (1).
(2). No application for remand to polices custody
shall be made on the ground that an accused personas likely to confess. Grounds
for such an application should be of the following nature:---
(a)
That
it is necessary to take the accused to a distance that he may be shown to
persons likely to identify him as having been seen at or near the scene of the
offence.
(b)
That
it is necessary to have his footprints compared with those found on or near the
scene of offence.
Investigation
© That the accused has offered to point
out stolen property or weapons or other articles connected with the case.
(d)
Any
other good and sufficient special reason.
(3)
Provided
that in all serious cases, when the accused has been arrested and prime facie
evidence has been produced, it shall be incumbent on the investigating officer
to send the case for trial without delay, whether the investigation is complete
or not. Witness should invariably
accompany such chalans, and the Court should be asked to take up the case at
the earliest possible moment in accordance with High Court Rules and Orders,
Chapter 3(10) Volume IV, in order to record the evidence and thereafter to grant such detention or remand under the
provisions of section 167 or 344, Criminal Procedrue Code, as may be found
necessary. Evidence obtained
subsequently shall be produced before the Court by a subsidiary chalan. Superintendents shold call up investiating
officers for an explantain in all cases where the provisions of this rule
appear to have been disregarded.
25.57
Close
of investigation and final report.—(1)
If on any day, or days, a police officer in charge of the investigation
of a case makes no investigation, he shall enter a statement to this effect in
the case diary of the day on which the next does something towards the
completion of the case.
(2) (I) When the police are unsuccessful, after
taking all the measures in their power, and it is considered advisable to
suspend the investigation a final report in Form 25.57(2) shall be submitted as
required by section 173, Code of Criminal Procedure.
(ii)
In
case in which a final report is submitted under sub-rule (2) (I) above and in which a copy of the first
information report has been sent to a Panchayat as required by Police Rule
24.4(2), a final report shall also be sent to the Panchayat containing
information on the following points:-
(a)
Whether
or not an offence has been proved.
(b)
Whether
or not the proved is triable by the Panchayat and explaining that the case has
not been set for trial.
(3)
If
the information is present when the final report is prepared, he shall be
informed verbally of the result of the investigation and, after nothing this
fact in the final report, his signature or thumb mark shall be taken on
it. If the informant is not present, he shall be informed in writing by
postcard or by the delivery of a notice by hand and the fact that this has been
done shall be noted in the final report.
In final (untraced or cancelled) reports the facts of
the case which the investigating officer believes to be correct should be
summarised, together with the grounds for his belief. Information so recorded should be dutilised
for the completion of preventive records.
25.58.
Provision
of Investigation bag to the investigating officers.-- The investigating officer shall be provided
with an investigating bag of approved pattern containing,---
(1)
One
bottle of grey powder.
(2)
One
bottle of grtaphite powder.
(3)
One
camel hair brush.
(4)
Follien
paper:- ) print
(5)
Finger
print forms. ) material
(6)
Finger
print ink. )
(7)
Appliance
for finger printing dead bodies. )
(8)
One
magnifying glass. )
(9)
One
finger print impression pad and roller.
)
(10)
One
electric torch.
(11)
One
knife.
(12)
One
pair of scissors.
(13)
One
measuring tape 60’ long.
(14)
One
foot-rule 2 feet long.
(15)
Sealing
wax and candles.
(16)
Formalin
diluted to 10 per cent together with chloride of lime to counteract
decomposition of corpses.
(17)
Cotton
wool and 1.1/2 yards cloth for packing exhibits.
(18)
Case
diary book with plate, pencil or pen, carbon paper and the usual forms required
in investigation.
APPENDIX 25.18-A
RULES FOR THE PROTECTION OF SOURCES OF
INFORMATION
In exercise of the power conferred on him by section
58 of the Government of India Act, 1935, the Governor of the Punjab acting in
his discretion is pleased to make the following rules:-
1.
Except
as hereinafter provided a police officer or other servant of the Crown shall
not disclose nor be compelled to disclose the source from which or the channel
through which any information with respect to the operations of persons
committing, or conspiring, preparing or attempting to commit such crimes as are
menmtioned in sub-section (1) of section 57 of the Government of India Act,
1935, has been or may be obtained; and a police officer or other servant of the
Crown shall not communicate nor be compelled to communicate any matter whether
contained in records or otherwise which discloses, or in his opinion might in
conjunction with other circumstances or matters result in the disclosure of or
permit to be inferred, the source from which or the channel through which any
such information as aforesaid has been or may be obtained.
Note - Section
58 and this rule protect also sources of information relating to past acts of
commission of such crimes, and to past conspiracies, preparations, and attempts
to commit such crimes.
2.
The
provisions of rule I shall not apply to a discloure or communication by a
police officer to another member of the same force who is authorized by the
Inspector-General of Police either by a general or special direction in this
behalf to require receive such disclosure or communication. In giving general or special direction the
Inspector General of Police shall be under the general control of and comply
with, such instructions as may from time to time be given to him by the
Governor in his discretion.
3.
The
provisions of rule 1 shall not apply to a disclosure or communication by a
police officer to any person (not being a member of the same force) who is
authorised by the Governor in his discretion either by a general or special
direction in this behalf to receive such disclosure or communciation.
4.
The
provisions of rule 1 shall not apply to a disclosure or communication by a
servant of the Crown (not being a police officer) to any person who is
authorized by the Governor in his
discretion either b y a general l or special direction in this behalf to
receive such disclosure or communication.
5.
The
provisions of rule 1 shall not apply to a disclosure or communication by any
servant of the Crown (not being a police officer) of facts ascertained by
himself made to a Superintendent of Police or District Magistrate of a district
or to an officer of the Criminal Investigation Department of or above the rank
of Sub-Inspector or to any police officer conducting an investigation under the
Code of Criminal Procedure, 1898.
6.
The
provisions of rule 1 shall not affect the procedure followed by a police
officer making an investigation under Chapter XIV of the code of Criminal
Procedure, 1898.
7.
The
Inspector-General of Police shall, with the previous approval of the Governor
in his discretion give directions as to the custody of the records or any other
documents containing such information as is referred to in rule (1), and the
person or persons in whose custody such records or documents are kept shall not
disclose them to any person except in accordance with these directions.
8.
If
in the interests of the administration it is considered necessary by any police
officer in possession of any such record or information that such record or
information should be disclosed or given to any person other than a police
officer serving under the Punjab Government, he shall refer the matter to the
Governor through the Inspector-General of Police, and the decision of the
Governor in his discretion shall be final.
9.
If
any person in the service of the Crown in the province other than a police
officer considers it necessary in the interests of the administration that such
record or information should be disclosed or given to any person, he shall
refer the matter to the Governor, and the decision of the Governor in his
discretion shall be final.
10.
A
servant of the Crown who is in doubt whether in any particular case he is
compelled by, or permitted under the provisions of these rules to make a
disclosure or communication may before making the disclosure or communication
require that the matter be referred for direction by the Inspector General of
Police or the Governor in his discretion, as the case may be.
4.
The
above principles apply equally Council questions. The great majority of these can be disposed
of without reference to local officers.
Sometimes when a question consists of several parts, a reference to
local officers is necessary only in regard to one or two of these parts. Where a reference is made, it should be
stated in regard to which parts information is required. Further, where a question asks for information
which will require considerable time and labour for its collection, local
officers should not be asked to supply this information, unless the Secretary
concerned is satisfied that the information may reasonably be given in spite of
the time and labour involved. Where he
does not think that this is the case, he should obtain the orders of the Member
of Minister concerned before starting inquiries which may later prove
unnecessary. When it is decided not to
collect information required to answer a council question the proper answer is. “It is not in the public interest to collect
this information”.
5.
In
order to secure that the above orders are observed, the following procedure is
prescribed:---
(i)
Eecept
in purely routine matters, no reference to Commissioners or Deputy
Commissioners should be made without the approval of a gazetted officer. Important reference should receive the
approval of the Secretary or the Head of the Department concerned, unless they
are of an immediate nature and the approval of the Secretary or Head of the
Department cannot be obtained without delay.
(ii)
Commissioners
of Divisions should being to the notice of the Chief Secretary by demi-official
letter cases in which unnecessary references are made or inadequate time is
given for the disposal of unnecessary references. The Chief Secretary will submit the reference
of the Commissioner to the Member or Minister concerned, who will no doubt wish
to satisfy himself that the orders of Government have been observed.
6.
The
above orders relate primarily to references to Commissioners and Deputy
Commissioners. They will also apply
mutatis mutandis to references by the Secretariat and Heads of Departments to
other administrative and executive officers, e.g., in the Irrigation Branch of
the Public Works Department they will apply to references by the Secretariat to
Superintending and Executive Engineers; in the Agriculture Department they will
apply to reference by the Director of Agriculture to Deputy Directors of
Agriculture and to Extra Assistant
Directors of Agriculture, and so on.
Yours sincerely,
F.H. PUCKLE
Chief
Secretary to Government, Punjab.
To
(i)
All
Heads of Departments in the Punjab.
(ii)
The
Register, High Court of Judicature at Lahore.
(iii)
All
Commissioners of Divisions, Deputy Commissioners and District and Sessions Judges in the Punjab.
50. Instructions as to statements and confessions of
accused persons.—The following instructions (contained in Rules and Orders of
the High Court, Volume III) or the subject of taking and recording statements
and confessions of accused person should be observed:---
Confession an statements of
accused persons
The provisions of sections 164, 342 and 364 of the Criminal Procedure
Code witl regard to the confessions and statements of accused persons should be
carefully studied. Section 164, deals
with the recording of statements and confessions at any stage before the
commencement of an enquiry or trial. Section 342 deals with the examination of
accused persons during the course of the enquiry or trial. Section 364
prescribes the manner in which the examination of accused persons is to be
recorded.
2. The
object of section 164, Criminal Procedure Code, is to provide a method of
securing a reliable record of statements or confessions made during the course
of the police investigation, which could be used, if necessary, during the
enquiry or trial Under section 25 of the Indian Evidence Act, a confession to a
police officer is inadmissible in evidence, and hence when an accused person
confesses during police investigation the police frequently get it recorded by
a magistrate under section 164 Criminal Procedure Code, and it can then be used
to the extent to which it may be admissible under the Indian Evidence Act.
3. Under
section 80 of the Indian Evidence Act, a court is bound to presume that a
statement of confession of an accused person taken in accordance with law and
purporting to be signed by any judge or
magistrate is genuine, and that the certificate or note as to the circumstances
under which it was taken,
purporting to be made by the
person signing it, are true, and that such statement or confession was duly
taken. The words “taken in accordance with law” occurring in this section are
very important and it is essential that in recording a statement or confession
under section 164, the provisions of that section should be strictly followed.
Some important changes were made in the section in 1923 and the form of the
certificate to be attached to the statements and confessions was also altered.
The evidential value of a confession depends upon its voluntary character and the precision with which it is
reproduced and hence the section provides safeguards to secure this end. These
safeguards are of great importance as confessions are often retracted at a
later stage and it becomes necessary for the Court to ascertain whether the
alleged confession was actually and voluntarily made. The mere fact that a
confession is retracted does not render it inadmissible in evidence, but the
Court has to scrutinise any such confession with the utmost care and accept it
with the greatest caution. Experience and common serise in fact show that in
the absence of some material corroboration it is not safe to convict merely on
a retracted confession, unless from the peculiar circumstances under which it
was made judging from the reasons,
alleged or apparent, of retraction there
remains a high degree of certainty that the confession, notwithstanding its
having been resised from, is genuine (of, 30 P.R. 1914 (Cr.) ).
4. Some
important features or section 164 as it stands now are:---
(a)
statement or confessions made in the courses of an investigation can be
recorded only be a magistrate of the second class who has been specially
empowered by the Local Government.
(b)
Confessions must be recorded and signed in the manner provided in section
364.
(c)
Before recording any such confession the magistrate shall explain to the
person making it that he is not bound to make a confession, and that if he does
so it may be used in evidence against him.
(d)
No magistrate shall record any such confession unless upon questioning the
person making it, he has reason to believe that it was made voluntarily,
failure to question has been held to vitiate the confession (I.L.R. 2 Lah.
325).
(e)
The memorandum set forth in section 164(3) must be appended at the foot
of the record of the confession.
(f)
It is not necessary that the magistrate receiving or recording a
confession or statement should be a magistrate having jurisdiction in the case.
5. The
annexed from for recording confessions taken under section 164 has been
prescribed and should invariably be used.
6. Unless
there are exceptional reasons to the contrary confessions should be recorded in
open court and during court hours, Police officer investigating the case should
not be present.
7. An
accused persons who has been produced for the purpose of making a confession
and has declined to do so, or has made a statement which is unsatisfactory from
the point of view of the prosecution, should, in no circumstances, be remanded
to police custody.
8. Section
342 of the Code empowers to the court to put questions to the accused at any
stage of enquiry or trial to enable him to explain any circumstances appearing
in evidence against him. The questions put under this section must be confined
to the points brought out in the evidence and should not be in the nature of
cross-examination of the accused person. Nor should the power given by the
section be used to elicit information from the accused to fill up gaps in the
prosecution evidence (of. I.L.R 4 Lah
55). For the conviction of an accused person can only be based on the
evidence produced by the prosecution. No
oath can be administered to the accused and the answers given by him can only
be taken into consideration in explanation of the prosecution evidence.
8.A. The
magistrate is allowed by section 342 of the Code of Criminal Procedure to
examine the accused at an early stage of the case for the purpose of enabling
him to explain any circumstances appearing in the evidence against him. This
provision is intended for the benefit of the accused, and must not be used to
elicit his defence before the prosecution evidence is complete. Magistrates sometimes question the accused
generally on the case as soon as a prima facie case has been made out, but before the prosecution evidence is complete.
This is incorrect. According to the second part of clause (1) of section 342,
it is only after the completion of the prosecution evidence that the accused
can be questioned generally on the case. The necessity for postponing such
examination is not avoided by framing a charge at an early stage. Even when a
charge has been framed, the magistrate should wait until the prosecution
evidence is concluded before making a general examination of the accused.
9. Section
342 makes it obligatory for a Court to examine the accused generally on the
case after the witnesses for the prosecution have been examined and before the
accused is called for his defence. Even when and accused person has been
examined at an earlier stage the Court must examine the accused generally after
the close of the prosecution case (i.e. after the examination and
cross-examination of prosecution witnesses and their further cross-examination,
if any, after the charge is framed) and before the accused is called upon to
produce his defence so as to give him an opportunity to explain any points
which were not included in the questions put to him at earlier stages. Failure
to examine the accused at the close of the prosecution evidence has been held
to be an illegality which vitiates the trial (vide 71.L.R. Lah. 564).
10. Under
Section 256 of the Code, if the accused person puts in a written statement, it
should be filed with the record. But a written statement of this kind does not
relieve the Court of the duty of examining the accused in Court after the close
of the prosecution evidence as laid down in section 342.
11. Section
364 provides the mode in which the examination of an accused persons is
recorded. The questions put to the accused and the answers given by him should
be distinctly and accurately recorded. The examination of the accused should be
recorded in the language in which he is examined, and if that is not
practicable in the language of the Court or in English. In cases in which
examination is not recorded by the Magistrate or Judge himself he must record a
Memo. Thereof in the language of the
Court or in English if he is sufficiently acquainted with the latter language.
The examination must be read over to the accused and made conformable to what
he declares to be the truth. The Magistrate or Judge must then certify under
his own hand that the examination was taken down in his presence and hearing
and that the record contains a full and
true account of what was stated.
12. Under
section 533 of the Code, if any court before
which a confession or other statement of an accused person recorded or
purporting to be recorded under section 164, or section 364, is intended, or
has been received in evidence, finds that any of the provisions of either of
such sections have not been complied with by the magistrate recording the
statement it must take evidence that such person duly made the statement
recorded and such a statement may then become admissible in evidence notwithstanding
the provisions of section 91 of the Indian Evidence Act, provided the error has
not prejudiced the accused as to his defence on merits.
RECORD OF A CONFESSION MADE BY AN ACCUSED
PERSON.
(Section 264 of the Code of Criminal
Procedure)
Division.
in the Court of
THE CROWN
versus
The confession of-----------------------------------taken by me---------------------------------
a Magistrate of the --------------------------------District, this----------------------------------
day of --------------19
Memorandum of Enquiry
(The magistrate shall firs, as required by
section 164(3), Code of Criminal Procedure explain to the accused person that
he is not bound to make a confession, and that if he does so, it my be used as
evidence against him, and shall then put and record answers to the following
questions. If the answers are of such a character as to require him to do so,
he should put such further questions as may be necessary to enable him to judge
whether the accused person is acting voluntarily. In arriving at his conclusion
on this point the magistrate should consider inter alia the period during which
the accused person has been in police custody and make sure that the confession
is not the result of any undue influence or ill treatment. Special care should
be taken when women or children are produced by the police for their
confessions being recorded),---
Q.- Do
you understand that you are not bound to make a confession?
A.-
Q.- Do
you understand that your statement is being recorded by a magistrate, and that if you make a
confession, it may be used as evidence against you?
A.-
Q.- Understanding
these tow facts are you making a statement before me voluntarily?
A-
Statement of accused.
(Mark or signature of accused)
Magistrate.
I have explained to
-----------------------------------------that he is not bound to make a
confession, and that if he does so, any confession he may make may be used as
evidence against him and I believe that his confession was voluntarily made. It
was taken in my presence and hearing, and was red over to the person making it,
and admitted by him to be correct, and, it contains a full and true account of
the statement made by him.
Magistrate.
Date-------------------
APPENDIX 25.41(4)
DIRECTION FOR AND PRECAUTION TO BE TAKEN IN
FORWARDING ARTICLES TO THE CHEMICAL
EXAMINER FOR EXAMINATION AND REPORT.
All articles should, as far as possible, be
sent by registered parcel post. If this cannot be done and the articles are
important, they should be sent by hand. Only very heavy and unimportant
articles should be sent by rail.
Human
poisoning cases
1. FATAL.
The following articles should be forwarded in
all cases:---
(1) Stomach with contents. The
stomach should be securely tied at both ends.
(2) A piece of the small intestine
(about 3 feet) securely tied at both ends.
(3) A portion of the liver (not less
than 16 ounces), one kidney and a piece of spleen.
(4) Urine or stomach washings if
available.
(5) A sample of the preservative
fluid used.
Note:- (1)
Rectified spirit should be used in all cases unless alcohol, phosphorus or
carbolic acid poisoning is suspected. In such cases normal saline solution
should be used.
(II)
in suspected coal-gas (charcoal) poisoning, a sample of the blood should be
sent in a small bottle properly corked. Add two drops only of formalin to
prevent decomposition if available.
(III)
Ashes and burnt bones should only be sent where a metallic poison is suspected
. Vegetable poisons are destroyed during cremation.
Documents
which should be forwarded:---
A--by Post—
(1) Post-mortem Report.
Note:- Information on the following
toxicologically important points should invariably be supplied:---
(a)
Date and hour of onset of symptoms : (b) date and hour of death; (c) in
case where body has been exhumed, dates of burial and of exhumation should be
entered in column headed “Death”, (d) in cases of suspected irritant poisoning,
the condition of the gastrointestinal tract, as regards emptiness or otherwise
as well as nay abnormal appearance of the mucous membranes should be specially
noted.
The following information should also be
given:---
(a)
note of symptoms observed by the Medical Officer if the case has been
seen during life him. (b) note of nature and duration of treatment, if any,
adopted by the Medical Officer, Police or friends of deceased.
(2) Statements of symptoms
[Police form 25.35(c)] supplied by the Police to the forwarding Medical
Officer. ( This form should be carefully filled in by the Police, noting
particularly the early or first symptoms observed).
(3) Certified copy of the Police
Reports ( vernacular or otherwise ) sent with the case to the forwarding
Medical Officer.
(4) Forwarding memo and invoice
list of articles forwarded for examination to the Chemical Examiner.
(5) Impression or imprint of seal
used to seal the packages.
Note :- (1) The seal
should be a private one, and the same seal should be used throughout. The
impression should be attached to the forwarding memo. (No.4) and should be
protected by a thin layer of cotton wool to prevent its being broken in
transit.
(2) An imprint of the seal piece of
paper is better than an impression of the seal.
(B). Under cover of the box containing the
articles for examination.
(1)
Duplicate copies of forwarding memo., invoice list of articles sent for
analysis.
(2)
Duplicate impression or preferably imprint of seal used in case.
Note
:- Make sure that the bottles are properly
corked and packed otherwise leakages stain the documents inside.
II. NON-FATAL:---
Vomit, stomach washings, purged matter, urine
and suspected articles of food should be sent whenever available.
Documents which would be forwarded:---
A.—By post—
(1)
State of symptoms [Police form 25.35(c)].
(2)
Note of symptoms observed by the Medical Officer.
(3)
Note of treatment, if any, adopted by the Medical Officer, Police, or
patient’s friends.
(4)
Forwarding memo, (original) and invoice list of articles forwarded for
examination. The nature of the preservative fluid used, if any, should be
stated.
(5)
Impression or imprint of seal used to seal the packages.
B.-- Under
cover of box containing the articles for examination.
(1)
Duplicate copy of forwarding memo and invoice list of articles sent for
analysis, and of police form No.25.35(c).
(2)
Duplicate impression or imprint of seal used in the case.
Abortion cases.
I.
Fatal.—As in fatal human poisoning cases, but, in addition, the uterus
and upper part of the vagina should invariably be sent, along with any foreign
bodies found in the genital tract.
II.
Non—Fatal.—As in non-fatal poisoning cases, but, in addition, any foreign
bodies expelled or removal from the vagina or uterus should be sent.
Blood-stain cases.
The
entire garments or other articles suspected to be stained with blood should be
sent if possible, not portions removed or cut from them. A label with number
and description of the articles should be stitched or tied (not gummed or
pasted) to each separate article, care being taken that the labels correspond
with the invoice list of articles. When the label is tied to the articles the
string should be sealed.
Note.—(1)
Take care that the stains are quite dry before being packed for examination.
West stains readily decompose.
(2) Do not make a circle with ink or indelible
pencil around the suspected stains. In wet weather or during examination such
circles run into the stain and interfere with the tests.
(3) Wet blood stains on a culprit’s body should
be removed with a clean cotton swab and properly dried before being sent for
analysis. Dry blood stains on a culprit’s body may be gently scrapped into an
envelope and then despatched for analysis.
Documents
which should be forwarded:---
A.—By post—
(1)
Forwarding memo, and invoice list of articles for examination.
(2)
Impression or imprint of seal used in the case.
B. With the articles—
(1)
Duplicate copy of forwarding memo and invoice list.
(2)
Duplicate impression or imprint of seal used in the case.
Semen cases.
This entire garment, etc., should be set. The
cloth should not be folded at the stained portion. The stain should be kept
quite flat, and should be protected by a thin layer of cotton wool on each
surface.
Note.—It is better to send swabs from the
vaginal mucus than mounted slides. These swabs should be first dried and then
forwarded in a small box or phial carefully labeled.
Rules for preserving and packing exhibits for
transmission to the Chemical Examiner.
I.
The suspected organs or other exhibits should be placed in lean glass
bottle or jar having a good fitting stopper or cork. Wide mouthed bottles or
jars of sufficient size must be used, otherwise the contents readily decompose.
It is also difficult to empty narrow-mouthed bottles or jars that are tightly
packed.
II.
Materials that are liable to decompose should be preserved by one of the
following methods:---
(1)
In cases of suspected human poisoning other than alcohol, phosphorus,
carbolic acid and some of the lesser known volatile poisons, the material sent
should be immersed I rectified spirit. The spirit should be sufficient to cover
the material immersed in whatever position the vessel containing it may be
held. On no account use common bazaar spirit. A separate four ounce bottle of
the rectified spirit added should be sent for independent analysis s a control.
(2) In
those cases mentioned above where rectified spirit should not be added, the
preservative used should be salt solution and the same precautions for
immersion of material should be exercised. A salt solution is made by adding a
full tablespoonful of salt to about a pint of fresh clean water. A separate
four ounce bottle of this salt solution should be sent for independent analysis
as a control.
(3)
If two or more examinations have to be made on the same occasion, the
medical officer should complete one and label and seal the articles connected
with it before commencing a second examination, otherwise there is risk of the
viscera, etc., of one case getting mixed with those of another. He should clean
his instruments and vessels before commencing the second case.
(4) In
cases of suspected cattle poisoning the viscera or other material should be
prescribed in rectified spirit with the same precautions as those exercised in
human poisoning cases (item2).
(5) It
is advisable to keep a sample of the preservative added under lock and key in
case the bottle containing the sample sent to the Chemical Examiner should
arrive broken.
III. Great
care should be taken that the stopper or cork of the bottle or jar fits
tightly; especially in this necessary during the hot weather, when rectified
spirit is added as a preservative. The stopper may first be candle-waxed and
then carefully tied down with leather or water proof and sealed.
IV. To
Secure identity, the bottles or jars should be properly labeled with a list of
the contents.
V. The
bottles or jars should then be placed in a strong wooden box with plenty of
packing material to ensure against any breakage’s during transit. Saw dust,
cotton wool, and dried grass are suitable for this purpose. Old officer papers,
etc., should not be used as the copies of the forwarding documents enclosed in
the box are liable to be thrown away with this waste paper packing material.
Keep these documents well away from the bottles as breakage’s or leakage’s are
apt to stain them.
VI. The
box itself should be covered with common garha cloth properly sewed and sealed.
Seals should be at short intervals of three inches along each line of sewing.
All the seals must be similar and preferably the wax should be of the same
kind. The seal used should be the
ordinary office seal and must be kept under lock and key. Current cons, or a
series of straight, curved or crossed lines must not be sued as seals. The box
should be properly addressed and sufficient stamps added to cover postage; the
box must also be franked.
VII. Under
no circumstances should viscera from different cases be included in the same
parcel.
VIII.
The dispatching officer who is invariably the Civil Surgeon or another
medical officer authorised to conduct post-mortem examination; is personally
responsible that these instructions are carefully followed.
Note. In
order to minimize the chances of parcels being lost in transit between the
office of the Chemical Examiner and the Railway Station at Lahore, all articles
for medico-legal examination should be sent by post as far as possible or
better still by hand.
IX. In
cases where the police send a closed parcel through the medical officer and the
latter has no occasion to open it in transmission, the parcel should be packed
in a second cloth cover and the forwarding memo should also be enclosed. This
procedure is necessary and prevents cases getting mixed up on receipt of the
Chemical Examiner’s office.
X. The
labeling and numbering of articles should not be in the vernacular but in
English.
XI.
A declaration of the contents to the Postal authorities is unnecessary.
APPENDIX 25.42(2)
INSTRUCTIONS FOR DEALING WITH SUBSTANCES ON
OBJECTS SUSPECTED OF BEING EXPLOSIVE
Introduction.
Explosive
substances or objects which may cause explosion may be met within the following
forms:-
A.
Liquids.—For example nitroglycerine. These will rarely have to be dealt with.
The possession of a liquid explosive is generally illegal.
B. Solids:---
(1) Blasting explosives.—Dynamite, Gelatin
Dynamite, Blasting Gelatin, Gelignite, etc. These are usually made up in
cylinder form about two inches long in waterproof paper wrappers, stamped with
the maker’s name. They vary in consistency, from a taught leathery material to
a soft one like ordinary stiff jelly.
(2) Gunpowder. May be black, brown or gray
and is made up in cylinder form, cubes, pebbles, grains and powder.
(3) Gun Cotton. – Is white and is supplied
in slabs or cylinders or loose like ordinary cotton wool.
(4) Gun, rifle and shot gun powders.—These
are generally in cords, tapes or grains, but are found as small cubes or
flakes. In colour they may be white, pink, yellow, blue or black.
(5) Fulminates.—These are white or gray
powders. They are extremely dangerous. Their possession is generally illegal.
(6) Picric acid and pirates. These are
crystalline or may be in powder form. They have a brilliant yellow colour if
pure. A license is required for their possession.
(7) (a) Ammonal. This is a mixture of
tri-nitro toluene, ammonium nitrate aluminum powder and charcoal. It is a
silvery brown paste.
(b) Amatol.-- Is a mixture of tri-nitro toluene
and ammonium nitrate. In appearance it is a brown paste.
(8) Chlorate of potash.—May be found in
clear tabular crystals or as a white powder.
(9) Sulfide of arsenic.—Is generally found
as a yellow or orange powder.
(10) Carbide or phosphate of calcium. –Under
certain circumstances these may cause violent explosion.
(11) Detonators and caps.—These are explosives
made up in metal tubes or small metal caps. Military detonators, friction tubes
and time fuses are made in a great variety of forms. All detonation should be
handled with the utmost care.
(12)
Fuse.—This is slow burning gunpowder rolled up in cloth or paper in the form of
long cards. Military fuses are made up in metal bodies in great variety of
forms.
(13) Cartridges.—These are either commercial, military or sporting
and generally contain their own means of ignition in the form of a cap or
primer. Cartridges for big guns generally consist of explosives made up in silk
cloth or shalloon bags or bundles.
(14) Bombs.—These are explosives contained in receptacles such as
bottles, jars, coconut shells, cloth, jute or hemp, balls or bundles, books
letters tins, metal shells, bamboo tubes, water cistern floats, chatties, etc.,
the whole being designed to explode by percussion, fuse, trigger, by being
inverted.
(15) Fireworks.—Fireworks are provided with a fuse of touch papers
or slow match. Throw downs, crackers,
explosives, corks, or objects designed to explode by percussion, provided they
are not detonators, caps or cartridges are not fireworks, but bombs.
(16) Rockets.—Some rockets are not fireworks. Life saving, signal
and military rockets are dangerous and should be handled with care
(17)
Signals.—These may be ships-flares, signal lights, etc. They are not fire
works.
C. Gases
– Liquid or compressed gases (ammonia, oxygen, hydrogen, acetylene,
carbon-dioxide) or cylinders, sparklets, etc., may under certain circumstances
cause violent explosion.
Instructions
A
local police officer should communicate at once with the Superintendent of
Police, who will himself proceed, or depute some responsible officer to
proceed, to the place to carry out the following instructions:---
1. If you have any reason, however slight, to
suspect that the substance or object with which you, are dealing is dangerous
then regard it as being Highly Explosive until such time as it is proved to be
otherwise.
2. *********************
3. During the removal, guarding or examination
of any substances or object suspected or being explosive, all unnecessary
persons whether police or otherwise should be sent away.
4. If the substance you are examining is Liquid,
proceed as in paragraphs 6 or 7. Solid, proceed as in paragraphs 8, 9 or 10.
Gas, proceed as in paragraph 11.
5. If the object you are examining is a,---
Detonator or cap. ]
Fuse, ]
Cartridge, ]
Firework, ]
Rocket, ]
proceed as in paragraph 12
Signal light ]
Bomb, proceed as in paragraph 13.
6. (1) If the substance is a liquid in an
open vessel - -
Carefully dip into the liquid a pencil or
thin piece of stick and allow one drop to fall on a small piece of blotting
paper or tin foil (silver paper). Remove this ten yards or more from the vessel
or vessels containing the bulk of the liquid, place it upon a flat surface or
iron or stone and strike it a sharp glancing blow with a flat headed hammer.
Repeat the test three times with fresh drips and also by burning a fresh drop
of the liquid on blotting paper in the flame of a spirit lamp or candle.
(A) The substance explodes or burns rapidly.
Place about half an ounce of the liquid in a small clean bottle, carefully cork
it up (do not use a glass or metal stopper), and after packing in cotton wool
in a box or tin, send it by messenger to the Inspector of Explosives, Northern
India, with your report. The bulk of the liquid should be locked up in an
isolated place until instructions are received from the Inspector of
Explosives, Northern India, as to its disposal.
(B)
The substance does not explode or burn rapidly. Place about hald an ounce of
the liquid in a small clean bottle, cork up and after packing send by post to
the Inspector of Explosives, Northern India, with your report, the bulk of the
liquid should be locked up in any convenient place until the report of the
Inspector of Explosives is received.
7.
(2) When the substance is a liquid in a
closed vessel—
(1)
If the vessel is a bottle and is not suspected of being a bomb and the
stopper will not come out when using only moderate power, do not attempt to
open but send it by messenger to the nearest Inspector of Explosives together
with your report, first having carefully packed the bottle upright in a box
with straw, sawdust, or paper, etc.
(2)
If the vessel is a bottle and is not suspected of being a bomb and the
stopper will come out, then proceed as in paragraph 6.
(3)
If the vessel is not suspected of being a bomb and is of metal or other
hard material and the stopper will not come out when moderate force is use, do
not attempt to open but remove the vessel very gently, and in such a manner as
to expose it toas little shaking as possible, and without turning it over in
any way, to such open place of safety in the vicinity as may be available,
where its ignition or explosion would be attended with a minimum of mischief,
e.g., a yard or a garden or other open space from which he public are or can be
excluded . The tow pieces of strong cord to the vessel passing one cord round a
hook or tree and from round the corner of a building and after all persons have
been removed from within range, pull the cords backward and forward so that the
vessel is upset and given as severe a shaking as possible, then leave the
vessel alone for twelve hours.
If explosion is not obtained and
the vessel is not too large sent it by messenger to the Inspector of Explosives
with your report.
If the vessel is a large one, try
once more to open it using more force. If you cannot open it, remove the vessel
to a convenient place where it can be locked up and send a copy of your report
and all connected papers to the Inspector of Explosives.
8. When the substance is a solid in an open vessel:-
(1) Carefully take out with a piece of
cardboard or flat stick a few grains of the solid and after removing it ten
yards, or more away from the vessel or vessels containing the bulk of the
substance, place it upon a flat surface or iron or stone and strike it a sharp
glancing blow with a flat headed hammer. Repeat the test three times with fresh
substance and also try burning a small portion on blotting paper in the flame
of a spirit lamp or candle.
(A)
The substance explodes or burns rapidly. – Take a very small amount of
the substance, add to it a little water and notice what happens. If the
substance undergoes no change and here is no sign of any gas being given off,
or of heat being generated, place about half an ounce of the substance in a
small clean bottle and fill up with clean water. Cork the bottle carefully,
taking the precaution not to use a glass or metal stopper, and then pack it in
cotton wool in a box or tin and send it by messenger to the Inspector of
Explosives with your report.
(B)
The substance does not explode or burn rapidly. – test a small amount of
the substance with water in exactly the same way a detailed in (A). if the
substance undergoes no change and there is no sign of any gas being given off,
or of heat being generated, place about half an ounce of the substance in a
small clean bottle and fill up with water. Cork the bottle carefully, and after
packing, send it by post to the Inspector of Explosives with your report.
The bulk of the substance should
then be covered with clean water and locked up in any convenient place until
the report of the Inspector of Explosives is received.
(2) If you find that the substance under sub-paragraphs (A) and
(B) does undergo a charge, etc., when water is added proceed exactly as before,
except that the sample in all cases should be sent dry, and the bulk also kept
dry. Make certain that your bottle is absolutely dry before you put the sample
into it.
9. When the substance is a solid in a
closed vessel,---
(1)
If the vessel is a bottle and is not suspected of being a bomb and the
stopper will not come out when only moderate power is used. Do not attempt to
open it but send it by messenger to the Inspector of Explosives together with
your report, first having carefully packed the bottle upright in a box with
straw, sawdust, paper, etc.
(2)
If the vessel is a bottle and is not suspected of being a bomb and the
stopper will come out then proceed as in 8.
(3)
If the vessel is not suspected of being a bomb and is of metal or other
hard material proceed as in 7(2).
10. When the substance is calcium carbide or calcium phosphide. If
it is desired to destroy calcium carbide or calcium phosphide, this can be done
by dropping them into deep water, but not more than half a pound at a time,
waiting until no more gas is given off before a fresh portion is destroyed.
11.
When the substances is gas, -- Gases are generally found compressed in
cylinders, sparklets, etc. They should b kept cool and away from the direct
rays of the sun. If it is desired to know what gas is in any cylinder, the
whole cylinder should be even up in the coir matting and sent by train to the
Inspector of Explosives toghther with your report. Small cylinders or sparklets
only a few inches long can be sent by post if well packed in cotton wool in a
wooden box.
12.
When the object is a detonator, cap, fuse, cartridge, firework, rocket,
light these should never, under any circumstances, be sent through the post. A
few should be carefully packed separately in cotton wool in a wooden box and be
sent by hand to the inspector of Explosives together with your report. The bulk
should be locked up in an isolated place.
13.
When the object is a bomb:---
(1)
These may be met with in the following forms:---
A. Military grenades.
B. Copies of military grenades.
C. Bombs made up in soda bottles,
jam tins, water cistern floats, chatties, coconut shells, bundles of jute or
hemp, bomboo tubes, etc.
D. Book bombs.
E. Letter bombs.
(2)
Any of these may be designed to explode,---
(a)
when moved in any way,
(b)
when turned over,
(c)
when placed in water,
(d)
when thrown down,
(e)
by lighting a fuse,
(f)
by clock work.
(g)
By chemical reaction
(3) Before touching the bomb examine it where it lies and see if
you can detect the arrangement for firing. See if there is any trigger and, if
so, if it is set or not. Do not move the bomb, unless you are satisfied that it
is safe to do so. If you are not satisfied, then place a guard over the bomb
and report to your senior officer.
A.
Military grenades. – The first thing to do, is to see that the safety pin is in
position, that it is not broken or corroded and that the ends are well splayed
out so that it cannot be jolted out. See that the jaws of the laver are in good
condition and support the striker correctly. Being satisfied on these points,
the base should be unscrewed and, if the igniter set is present, it should be
carefully removed. Pack the igniter set and the bomb in cotton wool in separate
wooden boxes and send by hand to the inspector of Explosives, together with
your report.
If
the safety pin and level are missing and the striker is inside the bomb, it
will probably have to be destroyed in situ. Set a guard over it where it lies
and report to your senior officer.
B. Copies of military grenades. – These
are generally something like a military grenade but are of cruder finish, They
must only be handled by persons who have handled bombs before. It is generally
possible to render them harmless by removing an explosive cap or tuft of gun
cotton. This should only be done when you are satisfied that the trigger is
safe. Do not put this type of bomb in water but, provided the trigger has been
made safe, it should be packed in cotton wool in a wooden box and be sent by
hand to the Inspector of Explosives together with your report.
C.
bombs made up in soda bottles, etc.
– First arrange a string bag and strong cord over a large bucket of hot water.
Carefully remove the bomb keeping it in the same position as found and place it
in the hag and from round the corner of a building, first having sent everybody
present under cover lower the bomb into the hot water and leave it there for 24
hours. The water will then be cold.
It
may then be taken out and be carefully packed in wet straw or cotton wool in a
wooden box and be sent by hand to the inspector of Explosives together with
your report.
If
the bomb is well made and there is a possibility that the water may not have
penetrated inside, it should be given the rough treatment described in paragraph
7)3) before being sent away.
D.
Book bombs. – These are bombs made
up in book form and are generally designed to explode when the book is opened
or turned over. Such a bomb should be very carefully taken to an isolated
place, keeping it in the original position all the time and be locked up. Send
a report on the subject to the Inspector of Explosives.
E.
Letter bombs. – These are letters
containing explosives which are designed to explode when opened. Place the
whole letter in a bucket of water. When the letter is quite wet, pack it in a
tin in wet cotton wool and send by hand to the Inspector of Explosives,
together with your report.
F.
Booby Traps --
1.
“Booby Traps” are bomb generally designed to explode in the presence of
an officer who is engaged in searching suspected premises.
2.
They may be designed to explode
when the bomb is moved in any way or electric contract is made by some action
of the officer or by clock-work or chemical means.
3.
The most prevalent procedure is to cause one bomb to explode in a house
by time fuse, such as a burning candle, leaving a second bomb which will
explode when the officer comes to investigate the first explosion, or the
officer may be tempted to the house by a message, telephone call, etc.
4.
Another method is to leave the second bomb with an obvious means of
ignition such as a burning candle in the hope that the officer will extinguish
the candle and then consider the bomb as safe whereas it is really designed to
explode if moved in any way.
5.
Never enter a house or room in which you suspect booby traps by the
obvious way. First smash a window or knock a hole in the wall with a crowbar
opposite the door to see if the door can be safely opened.
6.
Enter the house or room very slowly touching nothing until each object
has been carefully examined. Make a loop at the end of a long rope and drop the
loop over each object which might be a bomb without touching it. These may be
such things as tins, trunks, kettles, lamps, buckets, boxes, clocks, etc. From
outside the room or house jerk the object about by means of the rope and do not
enter the room or house again for some minutes in each case. Open the lids of
boxes or trunks by means of the rope from round the corner.
7.
If and unexploded bomb is discovered after this treatment proceed as in
paragraph Cabove.
APPENDIX No. 25-43(4)
|
Poisons
|
Native name
|
Usual symptoms
|
|
Arsenie
Opium
Aconite
Dhatura
Nux vomica
|
Sammulfar Sankhia Hartal and Mansil
Afiun
Afim
Bish
Dhatura
Kuchila
|
Vomitings; burning pain in the stomach; great thist; sometimes cold
skin; cramps in the limbs, and sleepiness
Sleepiness; pupils contracted; complete insensibility; skin sweating;
vomiting seldom occurs.
Numbness, and tingling in the mouth and throat, afterwards in the
limbs; frothing at the mouth; sleepiness; occasionally convulsions or
delirlum, or paralysis.
Pupils dilated; delirfum; insensibility; vomiting rare.
Twitching in the limbs, followed by violent spasms and often lock-jaw.
The spasms cease for a time and then again returns, often without evident
cause; it usually affects the whole body. Shortest time before symptoms – 15
minutes.
Shortest time before death – 1 house.
|
NOTE
: Any one of the above symptoms may be absent, though the poison by which they
are caused has been administered.
|
Poison
|
Ordinary interval between
taking the poison
and the appearance of symptoms
|
Ordinary time
Before death
|
|
Arsenic
Opium
Aconite
Dhatura
Nux vomica
|
Half to one hour
Half to one hour
15 minutes
5 to 10 minutes
Half to one hour
|
6 to 24 hours
6 to 24 “
1 to 8 “
6 to 12 “
1 to 6 “
|
Investigation
APPENDIX No.25.56(1)
REMANDS TO POLICE CUSTODY.
1.
Remands to Police custody when to be granted.—Before making an order of
remand to police custody under Section 167 of the Code of Criminal Procedure,
the magistrate should satisfy himself that,---
(1)
there are grounds for believing that the accusation aginst the person
sent up by the police is well founded.
(2)
There are good and sufficient reasons for remanding the accused to police
custody instead of detaining him in magisterial custody.
In order to form an opinion as to +the
necessity or otherwise of the remand applied for by the police, the Magistrate
should ascertain what previous similar orders (if any) have been made in the
case, and the longer and accused person has been in custody the stronger should
be the grounds required for a further remand to police custody.
The accused person must always be produced
before the Magistrate when a remand is asked for.
2.
the following principles are laid down before for the guidance of Magistrates
in the matter of granting remands, and District Magistrates are required to see
that they are carefully applied:---
(i) Under no circumstances should an accused person be remanded
to police custody unless it is made clear that his presence is actually needed
in order to serve some important and specific purpose connected with the
completion of the enquiry. A general statement by the officer applying for the
remand that the accused may be able to give further information should not be
accepted.
(ii) When an accused person is remanded to police custody the
period of the remand should be as short as possible.
(iii) In all ordinary cases in which time is required by the police
to complete the enquiry, the accused person should be detained in magisterial
custody.
(iv)
Where the object of the remand is merely the verification of the prisoner’s
statement, he should be remanded to magisterial custody.
(v)
A prisoner, who has been produced for the purpose of making a confession
and who has declined to do so, or has made a statement which is unsatisfactory
from the point of view of the prosecution should in no circumstances be
remanded to police custody.
3. In
any case when an accused person is remanded to police custody, the reasons must
be recorded in the order of remand, and when the Magistrate ordering a remand
is not himself a Sub-Divisional or District Magistrate, he must at once send a
copy of his order, with his reasons for making it, to the Sub-Division or District
Magistrate to whom he is immediately subordinate.
If the limit of 15 days has elapsed, and
there is still need for further investigation by the police, the procedure to
be adopted is that laid down in Section 344, Criminal Procedure Code. The case
is brought on to the Magistrate’s file, and the accused, if detention is
necessary, will remain in magisterial custody. The case may be postponed or
adjourned from time to time for periods of not more than 15 days each, and in
each adjournment expires the accused must be produced before the Magistrate,
and the order of adjournment must show good reasons for making the order.
FORM NO.25.2(1)
ORDER TO REQUIRE ATTENDANCE AT INVESTIGATIONS
UNDER SECTIONS 160 AND 175, CRIMINAL PROCEDURE CODE
Name son
of caste
Resident
of
Whereas the presence of the aforesaid person
is necessary for the purpose of enquiry into the offence reported to have been
committed under section at
the Police Station ; therefore
the said persons hereby directed to appear before the undersigned at
(place hour date
) there to give such information relation to the said alleged offence as
he may possess.
Signature and Designation of issuing Police
Officer
Date Hour
Note-
----------------------------mentioned in this order attended on at
at and
was permitted to leave on at
at
Dated
Signature
and Designation of issuing Police Officer.
FORM NO.25.23(1)(a)
Police Station District
Notice of search in the case of Crown versus
F.I.R. NO. dated
offence
Section 165/166, Cr.P.C.
|
Date and place of search
|
Name, percentage, residence and
caste of the person to be
searched
|
Articles to be searched for
|
Reasons for which the search is
to be made
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
Signature
of Officer-in-charge
Investigating Officer
Endorsement in case the officer
causing search to be made is unable to conduct in person
I hereby authorise to
conduct the search as I
am unable to conduct it in person for the following reasons:-
Signature of
Officer-in-charge
Investigating
Officer
Punjab Police Rules
FORM No.25.23(1)(b)
Order under Section 103(1), criminal
Procedure Code, requiring
Attendance of a witness at a search
F.I.R. No. dated
Section Police Station
To
WHEREAS it is necessary to make a search in the above mentioned case of
the house/shop/place of situated in
Therefore I, call upon you to attend at the aforesaid
house/shop/place at O’clock on / forthwith
To witness the search..
N.B – Failure
to attend without
reasonable cause is punishable under section 187,
I.P. Code.
Dated Signature and designation of
the
officer conducting the search
FORM NO. 25.23(1)(e)
Form of search list prescribed by section
103(2), Cr.P.C.
F.I.R. NO. dated Police
Section
The house of son of
Caste ,resident
of village,
was searched in the presence of the undermentioned witnesses and the
following articles were recovered and taken into possession by the police on
the statement and indication of ,
son of
caste village
accused in the above-mentioned case.*
*Cross out if not
applicable.
Articles Place
from which recovered.
Name and signature Signature
and designation
of the witnesses of
the officer conducting the
search.
Date
FORM No. 25-35(1)(A)
POLICE DEPARTMNT ______________
DISTRICT
DEATH
REPORT – SUDDEN DEATH FROM NATURAL CAUSES
DEATH REPORT No. POLICE
STATION
Dated
__________________
|
1. Name of place where death
occurred.
2. Distance and direction from the
police station in whose jurisdiction it is.
3. Date and hour of discovery of
the death.
4. Name, parentage and residence
of two or more persons who identify the body as that of the deceased person
named in this report.
(Note-Relatives of deceased, or two respectable writnesses to
identification should be obtained, if possible).
5. Name of deceased
Parentage
Cast
Residence
Condition in life
6. Age and Sex
7. Condition of clothes,
ornaments, & c., as not indicating as unnatural death.
8. Position of limbs, eyes and
mouth.
9. Expression of the countenance
10. Injuries or marks of violence
the body may have received.
11. Blood, liquid or clotted, where
cozed from and to what amount.
12. In what manner, or by what
weapon or instrument, such marks of injuries or of violence appear to have
been inflicted.
13. Is the body well nourished and
vigorous or emaciated and weak?
|
|
DEATH REPORT;- UNNATURAL DEATH BY VIOLENCE
DEATH REPORT No. _______________________ POLIC STATION ______________
Date ______________
|
1.
Name of place where the death occurred or where body was found (state
which).
2.
Distance and direction from police station in whose jurisdiction it is.
3.
Date and hour of discovery of the death.
4.
Names parentage and residence of two or more persons who identify the
body as that of the deceased person of two in the report.
Note.- Relations of the deceased or two respectable witness to
identificatnoi should be obtained, (if possible)
5.
Name, parcentage, caste, residence and condition in life of the
deceased.
6.
Age and sex.
7.
Condition of the clothes, ornaments, & c., and mark of either
having been forcibly removed or of bing stained with blood or other matter.
(Note.- If the Civil Surgeon or
other Medical Officer is expected to attend to examine the body this
information should be filled in so far as can be sean and without touching or
removing jany clothing, and in such case it should be completed after he has
finished his examination of the body).
8.
Position of the limbs, eyes and mouth.
9.
Expression of the countenance.
10. Injuries or marks of violence
the body may have received.
Wounds and bruises.—Show
position, length and breadth.
(Note.—Not depth. Be careful not to probe wounds.
If the Civil Surgeon or other
Medical Officer be expected to attend to examine the body, this information
should be filled in after he has completed his examination)
11. Blod, liquid or clotted? Where oozed from and to what amount?
12. In what manner or by what
weapon or instrument such jmarks of injruies or of violence appear to have
been committed?
13. Was there any rope or other
article round the neck, or any mark of ligature on the neck?
14. Had such rope or article
apparently been used to produce strangulation, and, if the body had been
suspended by it, could it probably have supported the body?
15. Were there any foreign matters,
such as weeds, straw, & c., in the hair or clenched in the hands of the
deceased, or attached to any part of the body?
16. Is the body well nourished and
vigorous or emaciated and feeble?
17. Is it stout, ;thin, or
decomposed?
18. Height by mesuring from head to
feet.
19. Distinguishing marks—Position
and appearance of moles, scars, etc.
20. Apparent cause of death.
To be made out on separate
sheets of papers.
21. Are there any circumstances or
rumours tending to show that deceased killed himself
22. Description of each article
found on body to be labeled and sealed).
23. Description of each article
found near body (to be labelled and sealed).
24. Sketch plan of the place where
body was found.
25. Signature of two or more
respectable inhabitants present at investigation and of investigation officer
with date and place of signing.
|
|
DETAH REPORT - UNNATURAL DEATH BY POISONING
DEATH REPORT TO ___________________POLICE STATION ____________
|
1. Was deceased in good health
previous to the attack?
2. If not in good health, what was
he suffering from?
3. What medicine was he taking?
4. What did the last Meal consist
of?
5. What was the interval between
the last meal?
6. What did the deceased last eat
or drink before the commancement of the symptoms?
7. What was the interval between
the very last time he ate or drunk, and the commencement of the symptoms?
8. What were the first symptoms?
9. Was the thirsty?
10. Did he complain of head ache or
giddiness?
11. Did he appears to have lost the
use of his limbs?
12. Did he sleep heavily?
13. Did he sleep heavily?
14. Was he at any time insensible?
15. Did convulsions occur?
16. Did he complain of any peculiar
taste in his mouth?
17. Did he notice any peculiar
taste in his mouth?
18. Was he sensible in the
intervals between the convulsions?
19. Did he complain of burning or
ingling in the mouth and throat, or of numbness and tingling in limbs?
20. Was there vomiting?
21. Was there pain in the stomach?
22. Mention any other symptoms?
23. Mention any other symptoms?
24. Had the deceased ever suffered
previously from a similar attack?
25. How many other persons partook
of the meal of food, or drink by which the deceased is supposed to have been
poisoned?
26. How many were affected by it,
and in what way?
27. Did the deceased move from the
place where the first symptoms were notice; if so, how far?
|
|
|
Date
19
(Signature of two or more
respectable inhabitants of the place present at the investigation).
A
B
|
(Signature of officer conducting the inquest)
Name
Rank
|
POLICE DEPARTMENT
_________________DISTRICT
FORM TO ACCOMPANY BODY OF INJURED PERSON SENT
FOR MEDICAL EXAMINATION
|
1.
Name of injured jor deceased person, parentage, caste, residence and
condition of life.
2.
Sex and supposed age.
Report of Police Officer:-
(a) Description of any injuries or
marks of violence received, wounds and bruises, position, length and breadth.
(b) Brief report by despatching
police officer stating the manner in which the injuries or death is supposed
to have been caused. If by poison, the
poison suspected to have been used.
(c) Date and hour it was
administered, and date and hour of commencement jof symptoms, the date and
hour of death, and the nature and duration of treatmnet adopted by the police
or friends of the deceased/
3.
Brief report and opinion in simple language dictated by the medical
officer and followed by his initials:-
(a) as to the means by which the
injuries were caused.
(b) In the case of injuries, poisoning
not causing death, the extent or the injuries or sickness, and, in the latter
case, the nature of the poison ascertained or suspected.
(c) In the case of death (1)
Whether death by violence in ascertained and cause of death and
(2) Whether death is suspected from
poisoning, the poison ascertained or suspected.
|
|
The following kinds of
hurts only are designated as ‘grievious’ as
stated in Section 320, Indian Panel Code:-
First : Emasulation.
Secondly : Permanent privation of
the sight of either eye.
Thirdly : Permanent privation of
the hearing of either ear.
Fourthly : Privation of any member
of joint.
Fifthly : Destruction or permanent
impairing of the
powers
of any member of joint.
Sixthly : Permanent disfiguration
of the head or face.
Seventhly : Fracture or dislocation
of a bone or tooth.
Eightly : Any hurt which endangers
life or which
causes
the sufferer to be during the space of
twenty
days, in severe bodily pain, or unable to
follow his ordinary pursuits.
Add the following on the back of Police Rule
Form No. 25.39—Injury Report Form:---
INFORMATION
REGARDING ANIMAL POISONING
POLICE DEPARTMENT
________________DISTRICT
F.I.R. No.
_________Dated ____________Section _________Police Station __________
|
Points to be
specially noted
1. Class of animal (horse, buffalo or bullock
etc.)
|
1.
|
|
2. Age and general condition previous to
poisoning.
|
2.
|
|
3. The symptoms after the poison was given or
before death.
|
3.
|
|
4. How long after feeding the symptoms were in
coming on?
|
4.
|
|
5. What the prominent symptoms were?
|
5.
|
|
6. How long the animal lived after the
symptoms made their appearance?
|
6.
|
|
7. What poison was supposed to have been used?
|
7.
|
|
8. Appearance presented by the carcass after
death.
|
8.
|
|
9. Any other particulars likely to be of
value.
|
9.
|
Date ___________________
______________________19 Officer-in-charge of
Police Station
BILL FOR
EXPENSES INCURRED IN MAINTAINING
CATLE DURING
INVESTIGATION
POLICE STATION ____________________ ______________DISTRICT
Bill
No.
Case First
Information Report No. _____________dated: __________19
|
1
|
2
|
3
|
4
|
5
|
|
Date
|
Name and
address of payee
|
Number and
date of case diary
|
Full detail
and the rate of the amount to be paid
|
Amount
|
|
|
|
|
|
Rs. Up.
|
(To be drawn by
hand)
Total (in words)
Rs. __________________
Station
____________________________
Date
_______________________________
FORM No.
25.54(1)
CASE DIARY
POLICE STAION _____________________ _____________________DISTRICT
First
Information Repot No. Of 19 Case Diary No.
Date
and place of occurrence Time
and date of receipt
In
Police Station.
Time
and date of despatch
From
Police Station.
Offence:---
|
Date (with hour) on which
action was taken
|
Serial No.
Of report
|
Record of
Investigation
|
|
|
|
|
CASE DIARY –
CONTINUED
FORM No.
25.56(1)
CHARGE SHEET
District ________________Charge Sheet No.
__________ dated______19_______. Police Station _______________ Infirst
information No. __________ dated: ________.
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
Name and
Address of Accused persons sent for trial
|
|
|
|
|
Name, address and occuption of
complainant or informant
|
Name and addresses of accused
persons not sent up for trial, whether arrested or not arrested, including
absconders, (show absconders in red ink)
|
In Custody
|
On bail or recognizance
|
Property (including weapons)
found, with particulars of where, when and by whom, found and whether
forwarded to Magistrate
|
Names and addresses of witness
|
Charge of information:- Name and offence and circumstances
connected with it, and under what section of the law charged.
|
Despatched at
A.M./P.M. on __________19
Signature of
investigating officer
FORM No.
25.57(02)
FINAL REPORT
UNDER 173, CRIMINAL PROCEDURE CODE
District ________________Final report No.
__________ dated__________19_______. Police Station _______________ Infirst
information No. __________ dated: ________.
|
1. Name and address of complainant
or informate.
2. Nature of charge or complaint.
3. Description of property stolen,
if any.
4. Name and address of accused
persons, if any.
5. If arrested, date and hour of
arrest.
6. Date and hour of release and
whether on bail or recognizance.
7. Property (including weapons)
found with particulars of where, when and by whom, found and whether
forwarded to Magistrate.
8. Brief description of
information or complaint, action taken by police with result, and reasons for
not proceeding further with investigation.
|
|
Despatched at
A.M. P.M. on ________________19
Signature of investigating officer.
N.B. – The
Magistrate should record his order on the back
CHAPTER
XXVI.-ARREST ESCAPE AND CUSTODY.
26.1.
General powers of arrest-Section 54, Code of Criminal Procedure,
authorizes any police officer to arrest without a warrant any person who has
been concerned in any cognizable offence or against whom a reasonable complaint
has been made, or credible information has been received, or a reasonable
suspicion police to arrest without a warrant, is how ever permissive and not
obligatory. Whenever escape from justice or inconvenient delay is likely trestle
from the police failing to arrest they are bound to do so; but in no other
cases. The law allows a police officer to apply to a Magistrate for a warrant
or summons instead of making the arrest immediately, and this discretion shall
be exercised whenever possible expedient.
26.2.
Power to defer arrest- If the fact that suspicion rests upon particular
person has been kept secret, and there is no risk of his absconding, the police
shall defer making the arrests until the investigation is sufficiently
complete; but if any inter absconding, and the facts justify arrest, the police
shall arrest him and shall not interfere with his liberty unless they arrest
him.
26.3.
Search of persons under arrest—(1) All person arrest by the police and
not admitted to bail shall , as soon after arrest as possible, be thoroughly
searched; in the case of females such search shall be conducted by a woman and
shall in all cases be conducted with due regard to decency.
An inventory of all articles taken in to
custody by the Police from such persons
under Section 51 of the Criminal Procedure Code shall be prepared in duplicate
by the carbon copying process and the carbon copy thereof shall be sent
forthwith to a Magistrate as required by Section 523 of the said Code.
(2). Every
prisoner in police custody shall be searched on first admission to an on every
occasion when he is re-admitted to a lock-up after being taken any where beyond the precincts of the police station.
Sweepers, bhishtis and every other person other than a police officer having access
to a lock-up shall be searched before entering and on leaving. The searching of
women shall be done by a woman.
(3). Solders
in police custody shall not be deprived of their shoulder titles, badges or
rank and medal ribbons but medal ribbons but medals shall be taken in to safe
custody. Sikh prisoners shall be permitted to retain their karas and Hindus
their seared threads.
26.4. Lock
ups-(1) Outside every lock-up which is
guarded by the police shall be displaced a notice showing, in English and Urdu
the maximum number of prisoners which the lock-up is authorised to accommodate.
He authorized number shall never be exceeded; any excess shall be accommodated
in a convenient building under an adequate guard or transferred to the nearest
available lock-up.
(2)The door of a lock-up shall not be opened
except in the presence and by the direct order of the officer commanding the
guard, who shall take all possible precautions to prevent a rush or escape.
When the circumstances of the use of a particular lock-up are such that
prisoners are constantly being admitted or removed, special standing orders for
the safe conduct of the operation shall be framed by the Superintendent of
Police and included in the standing orders for the guard over such lock-up .
(3)When it is necessary to keep prisoners in
a lock-up which is in an insecure state all male prisoners, who would , under
the provisions of rules 26.22 and 26.23, be liable to be handcuffed under
escort, shall be handcuffed while confined in such lock-up.
(4)Every under-trail prisoner in the lock-up
unable to provide himself with sufficient bedding shall be supplied with such
beddings as may be necessary.
Ordinarily 1 blanket and 1 munj or bhabhar
mat shall be issued to each prisoner in the summer. In the winder 3 blankets
shall be issued for each prisoner . For this purpose a sufficient supply of
blankets and munj or bhabhar mats shall be obtained from the District
Magistrate and maintained for use in lock-ups. Blankets and mats shall not be
stored in lock-ups and issued when required.
Private bedding may be supplied by relatives
or friends of the prisoner. All such bedding shall be carefully examined by the
Police Officer in charge who shall return the same when the prisoner is
released or remanded to judicial custody. When private bedding is suppli9ed a
report to this effect shall be entered in the station daily diary.
Jail rules permit the use of beds and provide
for special sanitary and bathing facilities for A and B class convicts . Such
facilities are not available in all Police Stations, but they should be
provided for better class prisoners in Police custody so far as is possible.
Endeavours should be made to confine better class prisoners in Police Stations
which possess amenities of this kind and to segregate better class from
ordinary prisoners”.
(5)An allowance for a sweeper and bhishti for
each lock-up will be made by the Jail Department.
26.5.
Warrants to be taken out when wanted persons abscond.—Permissive
authority is given to the police to arrest without warrant in certain cases in
order that they may not be handicapped by having to obtain a Magistrate’s
warrant under Section 204. Code of Criminal Procedure, when the arrest of a
criminal or suspect who is present before them is urgent. The law provides,
however, no penalty for merely evading arrest by a police officer, though it
penalizes resistance to , or escape from , such arrest. On the other hand the
law does provide severe penalty or recalcitrance to an order in the form of a
warrant by a Court , entirely. Respective of the evidence of the guilt of the
person against whom the warrant is issued. For merely evading obedience to a
warrant of arrest, a man is liable to proclamation and the confiscation of his
property and any one who harbors him, as defined in Section 52-A of the Indian
Penal Code, can also be severely punished. Whenever , therefore, a person is
wanted, whose whereabouts are not immediately known, the notice shall, before
setting off in search of him, obtain a warrant of arrest from the Court having
jurisdiction . Unsuccessful search without such a warrant is merely waste of
time. On the other hand immediately it is found that, in spite of all
reasonable effort, a warrant cannot be executed, a proclamation order under
Section 87, Criminal Procedure Code, can be obtained and, on proclamation being
dully carried out, attachment under Section 88, Criminal Procedure Code, can
immediately follow, and connivance by any person at the continued absconding of
the person proclaimed becomes punishable under section 216, Indian Penal Code.
Note.—Under Section 200, Clause (QQ) , Code
of Criminal Procedure read with Section 204. Code of Criminal Procedure, a
Police Officer can obtain a warrant on a written complaint.
26.6. Illness of persons under arrest. – When a
person in police custody is suffering from any illness or injury at the time of
arrest , or becomes ill or sustained injury while in such custody such a person
shall be medically examined at the earliest opportunity so that the nature and
cause of the illness or injury may be ascertained and proper treatment given.
26.7.
Identification of accused. – (1) Whenever there is doubt as to the
correctness of a statement made by an arrested person regarding his identity,
residence or antecedents, an attestation certificate in Form 26.7(1), shall at
once be despatched to the officer in charge of the police station in the
jurisdiction of which such person claims to be resident; such officer shall
immediately make, or cause to be made, all necessary inquiries, and shall
ascertain if such persons name is entered in the Village Conviction Register.
The certificate shall be returned completed with as little delay as possible
and shall be attached to the chart-sheet . This form of attestation certificate
shall be used whether the person arrested states he is a resident of the police
station in which arrested, or of some other police station, and whether or not
a search slip is despatched to the Finger Print Burea.
(2)Detailed orders regarding the preparation
of search slips and the finger print system are published in the Police Finger
Print Bureau Manual.
26.8. Report of arrest. – (1)Under Section 62,
Code of Criminal Procedure, an officer in charge of a police station is
required to report to the District Magistrate, Sub-Divisional Magistrate, or
such other Magistrate as the District Magistrate may direct, all arrests
without warrant made by himself or in his jurisdiction.
(2)Reports of such arrests shall be made in
Form 26.8(2) whether the person arrested has been admitted to bail or not and
may be sent by post.
26.9. Arrest on a telegram.—(1)In any case in
which he has jurisdiction to arrest, a police officer shall take action on a
telegram from a police officer or Magistrate requiring him to arrest a person
for a cognizable offence, but when such telegram is received from a private
person he shall not arrest unless the particulars given cover a cognizable
offence and afford reasonable that the person to be arrested is the offender.
(2)If a telegram is received by a police
officer requesting him to arrest a person for an offence which appears to such
police officers to be non-cognizable he shall lay information before a
Magistrate having jurisdiction with a view to the issue of a summons or
warrant.
If such Magistrate declines to issue a
summons or warrant the orders of the District Magistrate shall be sought.
(3)A police officer who dispatches a telegram
to another police officer requesting him to arrest a person without warrant
shall be responsible that the information in his possession is sufficient to
justify, and that the police officer addressed has jurisdiction to make such
arrest.
In all such telegrams suthcient particulars
shall be given of the person to be arrested and the offence of which he is
accused.
26.10. Co-operation with Police of Indian States.—(1)
The procedure for securing the arrest and extradition of offenders in Indian
States who are accused of having committed offences in British India is
prescribed in Punjab Government Consolidated Circular No. 20. The India
Extradition Act XV of 1903 governs arrests and extradition from British India
to Indian States. Detailed instructions regarding the extradition of criminals
and foreign jurisdiction and the application of the Indian Extradition Act are
contained in Chapter 16 Volume III, Rules and Orders of he H9igh Court of
Judicature of Lahore.
(2)The powers of pursuit of offenders
conferred by Section 58, Criminal Procedure Code do not cover pursuit into the
territory of and Indian State; established custom and usage in respect of the
relations between the British Government and such States, however, permits such
pursuit, and requires the authorities of the States concerned to render all
opposable assistance in investigating cases, following up offenders and
effecting their apprehension and detention pending the grant of extradition.
Reciprocal arrangement have, however, been made with Jammu-Kashmir, Patiala,
Jind, Nabha, Kapurthala, Faridkot, Malerkotla and Bikaner and these have been
embodied in rules framed by the Governor-General in Council under the Indian
Extradition Act and Stead in Foreign and Political Department Notification
No.107-I, dated the 24th February, 1932, which appears as Appendix
26.10(2) of these rules. Officers of the Punjab Police entering Indian State
territory in pursuit of offenders, or for purposes connected with an
investigation, shall invariably inform the nearest police or other official of
the State and summon him to their assistance at the earliest possible moment,
and, pending the arrival of such assistance shall take only such action as is
necessary to prevent the escape of offenders or the removal of stolen property.
Though the right of pursuit is recognized by convention, no rights of search ar
arrest vest in police officers as such beyond the limits of British India.
Searches for and arrests of persons and searches for property must, therefore,
be carried out by the State police having jurisdiction,acting on the request of
the police of British India.
(3)Section 54 seventhly, Criminal Procedure
Code, and Rule 28 of the rules made under Section 39-A , Punjab Laws Act (IV of
1872) , confer power upon police officers, village headmen and village watchmen
to arrest persons suspected of having committed extraditable offences in Indian
States. These powers may be exercised upon information received from any source
including the police of an Indian State. Persons so arrested shall be taken
before a qualified Magistrate without delay with a view to steps being taken
for extradition.
(4)Searches for property may be conducted
only in accordance with Sections 165,166 or 96, Code of Criminal Procedure.
When the police of an Indian State require such a search to be made in British
India in connection with a case under their investigation, such search can only
be conducted if the information is such as to warrant the police of the British
District concerned opening an investigation of an offence punishable under
Section 411, Indian Penal Code or any other extraditable cognizable offence or
on the obtaining by the police of the district of a search warrant under
Section 96, Criminal Procedure Code. Pending the receipt of such warrant the
district police shall place a watch on the house to be searched and take all
other necessary steps to prevent the removal of the property. State police
shall not be permitted to take any such action independently of the police of
the district concerned.
(5)General Rules framed by the Punjab
Government and the Durbara of certain Indian States to secure co-operation
between the police in adjoining jurisdictions are contained in Appendix
26.10(5). In respect of matters not covered by those rules and the preceding
sub-rules, the principle that the police of Punjab Districts have no
jurisdiction in Indian States and the police of such State have no jurisdiction
in British Districts must be strictly followed. All action required must be
taken by the police having jurisdiction. The handing over of accused persons to
the police not having such jurisdiction is strictly prohibited. When it is
essential for the purposes of an investigation that an accused person should be
sent to any place for the purposes of investigation, he shall be taken by the
police who are legally entitled to his custody, and they shall be responsible
for him in every respect. The attendance of witnesses from one jurisdiction to
an investigation in another cannot be enforced.
(6)All police officers shall at all times do
all in their power to promote friendly relations and a spirit of co-operation
with the police of Indian States. In the absence of such relations the
limitation of jurisdiction must inevitably have harmful effects on the control
of crime.
(7)Whenever the police of one jurisdiction
demand assistance from the police of another they shall cause an entry to be
made in the daily diary of the police station concerned.
26.11. Cancelled.
26.12. Communication with authorities outside
India.—Should an occasion arise on which a police officer desires to
communicate with any authority outside India in respect of the detection or
apprehension of an offender he should report the facts to the Deputy
Inspector-General, Criminal Investigation Department.
26.13. Arrest of public servants.—Information of the
intended arrest of a public servant shall , if possible, be given to such
public servants immediate superior officer before the arrest is made; otherwise
information shall be given immediately after arrest.
26.14. Arrest of persons belonging to the Indian Army
and instructions regarding Military Criminal jurisdiction.—(1) On the arrest by
the police of a person subject to Military or Airforce law charged with the
commission of an offence early intimation shall be sent to the Officer
Commanding the unit to which such person belongs.
(2) The general rules defining the procedure in
the case of offences committed by persons subject to the Army Act or the Indian
Army Act (VIII) of 1911, which can equally be tried by a court martial or a
criminal court, are contained in Appendix IX of the Regulations for the Army in
India Extracts from this Appendix are given in Appendix 26.14(2) of these
rules.
(3)
The procedure governing the delivery of an offender to the Civil Power
as laid down in Regulations for the Army in India, is as follows:---
“When a person subject to the Army
Act commits an offence under conditions precluding trial by court martial or an
offence of a grave nature, which could be equally tried by a court martial or a
civil court, against the person or the property of an individual unconnected
with the army, his unit commander shall at once inform the police and the
nearest Magistrate and under the orders of the brigade commander the offender
shall for an offence of the former class, and will ordinarily for an offence of
the latter class, be handed over to the Civil Power for trial. After a person,
subject to the Army Act, accused of an offence such as is referred to in
proviso (a) to Section 41 of the Army Act, has been handed over to the Civil
Power for trial, the competent authority (see Appendix IX, Part-II) may
instruct the Advocate General to apply to the High Court for the committal or
transfer of the case to the High Court under Section 526-A of the Code of
Criminal Procedure, 1898. (Paragraph 227 Regulations for the Army in India).
26.15. Detention
of sarwan or camel of a camel cadre. – Cases of detention by the police of a
sarwan or of a camel belonging to a camel cadre shall be reported by the
officer in charge of the police station to the Commandant or nearest Indian
officer of the cadre within 12 hours, the reason for such detention being
given.
26.16. Arrest
of deserters.—(1) Any police officer may, without an order from a Magistrate,
arrest any person reasonably suspected of being a deserter from His Majesty’s
Army, Navy or Air Force.
(2) A European deserter shall, if possible,
be arrested by a European police of ficer, otherwise by a sufficient number of
Indian police officers to discourage opposition.
(3) If a sufficient escort can be given and
the deserter proceeds quietly he shall not be handcuffed.
(4) Deserter shall not be taken
unnecessarily through crowded streets bazaars and thoroughfares.
(5) Upon arrest a European deserter shall be
brought before a Justice of the Peace—(Sections 154(1) and 190(35)(d) of Army
Act and Section IX of Deserters from the Navy Act 10 and 11 Vict,. C.62). An
Indian deserter should be brought be fore the nearest Magistrate or the nearest
Military Commanding Officer when no Magistrate is readily accessible. All
deserters shall, as soon as possible after arrest, be handed over to military
custody.
(6) A register of deserters in English in
Form 28.16(6) shall be maintained by the head clerk in the office of each
Superintendent of Police (See also Rule 22.54).
(7) Descriptive rolls of deserters shall, if
necessary, be published in the Criminal Intelligence Gazette in Form
No.26.16(7).
26.17. Arrest
on warrants under Gambling Act.—Warrants issued under Sections 5, Act III of
1867, shall be executed or if not executed, shall e returned to the Magistrate
or Superintendent who issued it, within a period of not more than 15 days from
the date of issue. The Magistrate or Superintendent will then cancel the
warrant, but a fresh warrant can be immediately applied for or issued, if
necessary.
26.18. Arrest
of civil prisoners.—Under the provisions of Section 225-B, Indian Penal Code,
the police are bound to arrest a civil prisoner who offers any resistance or
illegal obstruction to his lawful apprehension, or who escapes or attempts to
escape from lawful custody when such resistance, obstruction escape or attempt
to escape is an offence.
26.18-A. Arrest
of women.—(1) All arrests of women whether without warrant or with a warrant
bailable or non-bailable shall be carried out by police officers not below the
rank of assistant Sub Inspector of police or, when no such officer can be made
available by a head constable in presence of responsible male relatives and
village or town officials. Such arrests shall be specially reported in the
manner prescribed in police Rule 24.12 and, when the arrest has been made by an
officer or rank lower than assistant Sub Inspector, the reason shall be clearly
explained Superintendents of Police shall forward special reports as required
by police Rule 24.15, and a copy shall be sent to the Deputy Inspector General
of Police. Criminal Investigation Department, Punjab in those cases only in
which the women is not sent to judicial custody or released on bail
immediately. Where bail is admissible the woman should not be detained longer
that is necessary for the production for the bond or sureties. No applications
for remand to police custody shall be made without the special order of
gazetted officer.
(2) No women in police custody shall be
lodged even for a night in a police station except in unavoidable
circumstances. They shall be placed a t once before a Magistrate for remand to
judicial custody, except where a remand to police custody is necessary and has
been obtained in accordance with (1) above. Women remanded to judicial custody
shall be immediately transferred to headquarters or properly equipped sub
divisional female judicial lock-ups. All remands to judicial custody shall be
reported immediately to the District Magistrate. The gazetted officer
supporting an application for remand to police custody shall be responsible for
the taking of necessary measures for the same and decent custody of the
prisoner. Where women in police custody have to be escorted about for the
purpose of investigation the officer in charge of the police party shall not be
below the rank of assistant Sub Inspector, provided that, when no Assistant Sub
Inspector is posted to the police station concerned, a head constable may be placed
in charge of the escort.
(3) Women attending police investigations
and enquiries as distinct from the those under arrest shall on no account be
detained in police stations or with the police any longer than is necessary for
the record of the information which they are willing to give. In no case shall
they remain with the police between sunset and sunrise. If it is necessary to
take a woman witness about the countryside for identification, etc. she shall
be accompanied by a responsible male relative or her zaildar, sufedposh,
lambardar, mohalladar or other respectable made neighbor. Gazetted officers
hearing and passing orders, on such cases shall take such steps as are
necessary to ensure that the above orders are scrupulously observed.
26-19. Arrest of drunken persons… A drunken person may only be arrested by
a police officer in a road, street or thoroughfare, in a town or notified area
to which Act V of 1861 applies and only when such person is drunk within the
view of the police officer an behaves so as to cause obstruction,
inconvenience, annoyance, risk, danger or damage to residents and passengers.
26-19A. Stoppage of trains at
non-stop stations to arrest persons… On rectipt of a requisition, in writing
from a Magistrate or a police, not below gazetted rank a train shall be stopped
by a station master at a station at which it is not booked to stop, with a view
to effecting the arrest of a person or persons travelling by it. Such requests
shall be made only in special and urgent cases [Authority: Railway Board Letter
No.3334T, dated 29th July, 1932].
26-20. Transfer of arrested persons…(1)
If a police officer lawfully arrests a person, without warrant, in a district
in which the investigation, enquiry and trial cannot be held, and the offence
is non-bailable or such person cannot give bail, he shall take or send such
person before the District Magistrate or 1st Class Magistrate having
jurisdiction over the area and obtain an order for the transfer of the prisoner
to the district in which the offence was committed.
(2) No accused or convicted person shall be
taken in custody from one district to another or from one province to another,
except under the written order or warrant of the Magistrate or other lawful
authority directing such transfer.
26-21. Bail and recognizance..(1) When
a person accused of a bailable offence can give good and sufficient bail the
police shall accept it unless the law required such person to be brought before
the Magistrate having jurisdiction.
(2) An
officer in charge of a police station is empowered under Section 497(1), Code
of Criminal Procedure to release on bail a person accused of a non-bailable of
fence (not punishable with death or transportation for life) whom he has
arrested or detained without warrant. These powers are permissive and not
obligatory an should be exercised with caution. The police officer must satisfy
himself that the release on bail is not likely unduly to prejudice the
prosecution or to be followed by the absconding of a person prima facie guilty.
(3) An
officer in charge of a police station shall, in accordance with Section 497(2),
Code of Criminal Procedure at any stage of an investigation release on bail or
recognizance a person accused of a non-bailable offence when it appears that
there are not reassonable grounds for believing that a non-bailable offence has
been committed by him, although sufficient grounds may exist for further
investigation.
(4) Before
any person is released on bail or recognizance due regard should be paid to the
provisions of Section 498 and 499, Code of Criminal Procedure.
(5) In
every case of release on bail or recognizance, whether under Section 169 or
Section 497, Code of Criminal Procedure, full reasons shall be recorded in a
case diary, and the police officer concerned shall preserve the bound [Form
26-21(5)] until it is discharged either by the appearance of the accused person
or by the order of a competent court.
(6) No
police officer has power to re-arrest an accused person who has been released
on bail under Section 497, Code of Criminal Procedure. When re-arrest is deemed
necessary, the police shall apply to a competent court for the cancellation of
the bail bond and the issue of a warrant in accordance with the provisions of
Section 497(5) Code of Criminal Procedure.
26-21A. Classification of
under-trial prisoners… Under trial prisoners are divided into two classed based
on previous standard of living. The classifying authority is the trying court
subject to the approval of the District Magistrate; but during the period
before a prisoner is brought before a competent court, discretion shall be
exercised by the officer in charge of the Police Station concerned to classify
him as either ‘better class’ or ‘ordinary’. Only those prisoners should be
classified provisionally as ‘better class’ who by social status, education or
habit of life have been accustomed to a superior mode of living. The fact, that
the prisoner is to be tried for the commission of any particular class of
offence is not to be considered. The possession of a certain degree of literacy
is in itself not sufficient for ‘better class’ classification and no
under-trail prisoner shall be so classified whose mode of living does not
appear to the Police Officer concerned to have been definitely superior to that
of the ordinary run of the population, whether urban or rural. Under-trial
prisoners classified as ‘better class’ shall be given the diet on the same
scale as prescribed for A and B class convict prisoners in Rule 26-27(1).
26.22 Conditions in which handcuffs are to be used
– (1) Every male person falling within the following category, who has to be
escorted in police custody, and whether under police arrest, remand or trial,
shall provided that he appears to be in health and not incapable of offering
effective resistance by reason of age, be carefully handcuffed on arrest and
before removal from any building from which he may be taken after arrest:---
(a)
Persons accused of a non-bailable offence punishable with any sentence
exceeding in severity a term of three years’ imprisonment.
(b)
Persons accused of an offence punishable under Section 148 or 227, Indian
Penal Code.
(c)
Persons accused of, and previously convicted of, such an offence as to
bring the case under Section 75, Indian Penal Code.
(d)
Desperate characters.
(e)
Persons who are violent, disorderly or obstructive or acting in a manner
calculated to provoke popular demonstration.
(f)
Persons who are likely to attempt to escape or to commit suicide or to be
the object of an attempt at rescue. This rule shall apply whether the prisoners
are escorted by road or in a vehicle.
(3)
Better class under-trial prisoners must only be handcuffed when this is regarded
as necessary for safe-custody when a better class prisoner is handcuffed for
reasons other than those contained in (a), (b) and (c) of sub-rule (1) the
officer responsible shall enter in the station Daily Diary or other appropriate
record his reasons for considering the use of handcuffs necessary.
Note
– For the definition of better class prisoner see Rule 26.21-A.
26.23 Conditions in which use of handcuffs may be
dispensed with – (1) Prisoners shall not be handcuffed while confined in a
lock-up except as provided in Rule 26.4(3).
(2)
The handcuffs of prisoners in court shall be removed only as provided in Rule
27.12(2).
(3)
A prisoner who is charged only under section 124-A or 153-A of the Indian Penal
Code shall not be handcuffed unless he is already undergoing sentence or the
officer commanding the escort has definite reason for believing that such
prisoner comes within the category described in Rule 26.22(e) or (f).
26.24 Security of handcuffs – When handcuffs are used,
the senior officer present shall be responsible that the fit properly and that
the prisoner cannot get at the key.
26.25 Arrest of sick or wounded persons – (1) If
wounded, or seriously ill, and in need of medical attendance, a person accused
of a non-bailable offence, or unable to furnish bail in a bailable offence,
shall, if possible, be conveyed to the prison hospital at the district
headquarters or to a neighbouring dispensary.
(2)
The police shall take measures to ensure his safe custody in hospital and the
Magistrate having jurisdiction shall be asked to grant a remand, and, if
necessary, to examine such person.
(3)
If such person cannot be moved without risk of his life, the Magistrate having
jurisdiction shall be asked to record his statement at the place where he is
lying.
26.26 Production of accused before Magistrate
within 24 hours – (1) The case of an accused person sent in custody for trial
shall be brought before the Court having jurisdictions soon as possible after
the arrival of the accused person at the station at which the court sits.
(2)
In no case shall an accused person arriving in custody on a close holiday, or
after the courts have risen, be place in the placed in the police lock-up for
more than 24 hours.
If
the second day after arrival is a close holiday application for remand shall be
made immediately.
(3)
If an accused person is in custody charged with an offence in which bail may be
taken by the police it shall be the duty of the police to facilitate any
attempt to find bail for such person.
26.27 Diet of accused persons – (1) Officers in
charge of police stations shall arrange for the dieting of such accused persons
arrested by the police as do not provide their own diet. The sum expended on
the diet of each individual shall not exceed the scale prescribed from time to
time by the local Government.
The
police shall provide for dieting on, and from, the date of arrest to, and for,
the date on which the accused is place in the Magisterial lock-up.
Under-trial prisoners classified as ‘better
class’ shall be given the diet on the same scale as prescribed for A and b
Class convict prisoners. Under-trial prisoners classified as ‘ordinary’ shall
be given diet on the same scale as prescribed for ‘C’ class convict prisoners.
Under-trial prisoners in either class shall be allowed to supplement this diet
by private purchase through the Police authorities. The dietary prescribed for
A, B and C class convict in jails is given in Appendix No. 26.27(1). It is
recognised that all Police Stations may not be able to adhere strictly to the
dietary laid down, but efforts should be made to approximate to it as nearly as
possible. The cost should not exceed Re. 0-8-6 per diem in the case of
vegetarians and Re. 0-10-3 per diem in the case of meat-eaters.
When an under-trial prisoner in Police
custody is being transferred from place
to place, his dietary in transit should be approimately of the same type as
that laid down in Appendix No. 26.27(1) and the cost should not exceed annas 8
pies 6 or annas 10 pies 3.
(2)
Diet money expended under this rule shall be recovered from the judicial
Department in accordance with rule 10.109 at the time of presenting the
charge-sheet. If expenditure is considerable owing to the number of persons
arrested in a case, or owing to remand in police custody being granted,
intermediate applications for refund, supported by an explanation of the
circumstances, may be made through the prosecuting branch to the Magistrate
having jurisdiction in the case.
(3)
All food brought for a prisoner by relatives or friends shall be made over to
the police station clerk or head constable in command of the guard and shall be
examined for prohibited or injurious articles. After such examination the food
shall be given to the prisoner by a police officer. The person bringing the
food shall have no access to the prisoner.
(4)
In the report in the station daily diary regarding the first admission of a prisoner to a lock-up, it shall be state
whether he is to be dieted at Government expense or by friends. In the latter
case the name of the persons who undertakes responsibility for the prisoner’s
feeding shall be entered.
26.28 Interviews with prisoners – (1) No person
shall be allowed to communicate in any way with a prisoner in a police lock-up
without the permission of the officer in charge of the police station (as
defined in section 4(p), Criminal Procedure Code), or written authority from a
judicial or superior police officer.
(2)
Authorised interviews shall take place in the presence and hearing of the
police sentry and the interviewer shall stand sufficiently far form the bars of
the lock-up to prevent physical contact or the passage of prohibited articles
between him and the prisoner. When a lawyer wished to consult and advise a prisoner
confidentially as to the conduct of his case, the prisoner may be removed from
the lock-up and allowed to sit apart with his lawyer, but within the precincts
of the police station and in the sight of the sentry. At the conclusion of such
an interview the prisoner shall be searched as prived in sub-rule 26.3(2).
26.29 Orders to be hung up outside lock-ups – A printed copy, in English and Urdu, of
Rules 26.3, 26.27 and 26.28 shall be hung up outside every police lock-up as a
standing order for sentry and for the information of the public.
26.30 Diet and expenses of witnesses – The instructions regarding the advancing of
diet money and travelling expenses to witnesses contained in Rule 27.28 shall
be strictly followed in all police stations.
26.31 Details in police custody – (1) When any
person dies while in the custody of the police, the officer in charge of the
guard, escort or police station, as the case may be, shall make an immediate
report of the fact to the nearest Magistrate empowered to hold inquests
(Section 176, Code of Criminal Procedure).
(2)
For the purpose of this rule, a prisoner in a magisterial lock-up is considered
to be in the custody of the turn key and a prisoner in prison or prison camp in
the custody of the jailor.
26.32 Identification of suspects – (1) The
following rules shall be strictly observed in confronting arrested suspects
with witnesses who claim to be able to identify them.
(a) The suspects, who are to be subjected to an identification
parade, shall be informed about it at the time of their arrest to enable them
to take necessary precautions by way of keeping their faces covered and a
request shall be made to the Magistrate to record a note in the remand papers
regarding such precautions having been taken by them so as to eliminate any
subsequent objection by the suspects that they had been shown to the witnesses
before the identification parade was held. The proceedings shall be conducted
by a Magistrate or, if no Magistrate is available and the case is of great urgency
then, by Sarpanch who may summon one or two independent and literate, if
possible, persons of reliable character, not interested in the case to assist
him and to certify that the identification has been conducted under conditions
precluding collusion. Such proceedings shall not be conducted by a Police
Officer. The Police Officer concerned
before inviting a Sarpanch to conduct the proceedings must ensure that
the Sarpanch is not biased or intrested in or against the accused or suspect
and that he understands the rules of the proceedings. Every effort should be
made to secure the presence of a Magistrate and services of Sarpanch only
secured when absolutely necessary. In the absence of a Sarpanch, a Lambardar
may be invited to do the needful.
(b)
Arrangements shall be made, whether the proceedings are being held inside
a jail or elsewhere, to ensure that the identifying witnesses shall be kept
separate from each other and at such a distance from the place of
identification as shall render it impossible for them to see the suspects or
any of the persons concerned in the proceedings, until they are called up to
make their identification.
(c)
Identification shall be carried out as soon as possible after the arrest
of the suspects.
(d)
The suspects shall be placed among other persons similarly dressed and of
the same religion and social status, in the proportion of 8 or 9 such persons
to one suspect. Each witness shall then be brought up separately to attempt his
identification. Care shall be taken that the remaining witnesses are still kept
out of sight and hearing and that no opportunity is permitted for
communications to pass between witnesses who have been called up and those who
have not. It is desired, through fear of revenge or for other adequate reasons,
that witnesses shall not be seen by the suspects, arrangements shall be made
for the former, when called up to stand behind a screen or be otherwise placed
so that they can see clearly without being seen.
The results of the tests shall be recorded by
the Magistrate or other persons conducting the test in Form 26.32(1)(c) as each
witness views the suspect. On conclusion, the Magistrate or the Sarpanch or the
Lambardar and the witnesses, if any, shall sign the form and certify that the
test has been carried out correctly and that no collusion between the police
and witnesses or among the witnesses themselves was possible. It is advisable
that, whenever possible, an independent and reliable person, un-connected with
the Police, should be present throughout the proceedings at he place where the
witnesses are kept, and should be required to devote his attention to the
prevention of collusion. It is important that once the arrangements for the
proceedings have been undertaken, no police officer whatsoever shall have shall
have access whatever either to the suspects or to the witnesses.
(2)
Proceedings of the nature described above are extra-judicial. It is not the
duty of the officer conducting them or of the independent witnesses to record
statements or cross-examine either suspects or identifying witnesses, but they
should be requested to question the latter as to the circumstances in which
they saw the suspects whom they claim to identify, and to record the answer in
column 4 of the form. While every precaution shall be taken to prevent collusion, the identifying witnesses must be
given a fair chance, and conditions must not be imposed, which would make it
impossible for a person honestly capable
of making an identification to do so. In this connection attention is invited to paragraph 814 of the Punjab Jail Mail,
which strictly prohibits the alternation in any way to he personal appearance
of unconvicted prisoners, so as to make it difficult to recognise.
APPENDIX No. 26-10(2)
RULES FOR THE PUSUIT AND ARREST IN BRITISH INDIA
OF
PERSONS ACCUSED OF OFFENCES COMMITTED IN
INDIAN STATES.
Foreign and Political Department Notification
No. 107 – 1, dated New Delhi,
the 24th February, 1932.
In exercise of the powers
conferred by section 22 of the Indian Extradition Act, 1903 (XV of 1903), and
in supersession of the notification of the Government of India in the Foreign
and Political Department, No. 505-I, dated the 13th August, 1931,
the Governor-General in Council is pleased to make the following rules to
provide for the pursuit and arrest in British India of persons accused of
offences committed else where:---
1. When a person accused of having
committed in a State specified in the
first schedule hereto, an offence which, if committed in British India, would
be punishable under a section of the Indian Penal Code specified in the second
schedule hereto, enters British India with members of the police force of that
State in pursuit, the pursuing party may, subject to the provisions hereinafter
contained, continue to pursuit into, and arrest the fugitive in British India.
2. The authorization conferred by Rule (1)
shall not be operative unless --
(a)
the pursuing party includes at least one officer holding in the State
police force a rank not lower than the rank corresponding with that of a head
constable of police in British India, and
(b)
the circumstances are such that an application for the continuance of the
pursuit and the effecting of the arrest by the British Indian police would
prejudice the prospects of effecting the arrest of the fugitive.
3. If,
when the pursuing party has continued the pursuit into British India under the
authority to clause (b0 of rule 2, it becomes possible to communicate with the
British Indian Police before the fugitive has been arrested and without
prejudice to the prospects of effecting his arrest, the pursuing party shall
forthwith communicate with the British Indian Police.
4. A person arrested by the State Police
under the authority of these rules shall forthwith be conveyed to the nearest
place in which an officer of the British Indian Police is known to be and shall
be handed over to the British Indian Police in that place.
FIRST SCHEDULE.
Part A. – States
permanently included in the Schdule.
1.
Hyderabad. 4. Gwalior.
2.
Mysore. 5. Sikkim.
3.
Kashmir. 5-A. Baroda.
Central India.
6. Indore. 17. Bijawar.
7. Bhopal. 18. Baoni.
8. Rewa. 19. Chhatarpur.
9. Nagod. 20. Dewas Senior Branch.
10. Maihar. 21. Dewas Junior Branch
11. Orchha. 22. Jaora.
12. Datia. 23. Sitamau.
13. Samthar. 24. Sailana.
14. Panna. 25. Rultlam.
15. Charkhari. 25-A. Dhar.
16. Ajaigarh. 25-B. Barwani.
Rajputana.
26. Alwar. 30. Kotah
27. Bikaner. 31. Jaipur.
28. Bharatpur. 32. Jodhpur.
29. Dholpur. 33. Tonk.
Punjab.
34. Patials. 37. Kapurthala.
35. Jind. 38. Sirmoor.
36. Nabha. 39. Malerkotla.
40. Faridkot.
States
of Western India.
41.
Cutch. 61. Lathi.
42.
Junagadh. 62. Muli.
43.
Nawanagar. 63. Virpur.
44.
Bhavanagar. 64. Malia.
45.
Porbandar. 65. Kotda-Sangani.
46.
Dhrangadhra. 66. D.S. Vala Mula Suraj
47.
Palanpur. of
Jetpur.
48.
Radhanpur. 67. D.S. Vala Rawat Ram
49.
Morvi. Of
Bilkha.
50.
Gondal. 68. Patdi.
51.
Jafrabad. 69. Tharad.
52.
Dhrol. 70. Wao.
53.
Limbdi. 71. M.S. Jorawarkhanji’s
54.
Wadhwan. State
Varahi.
55.
Lakhtar. 72. Thana areas and the
56.
Vala. Civil
Stations of
57.
Jasdan. Wadhwan
and Rajkot in the
58.
Manvadar. Western
India States
59.
Thana Devli. Agency.
60.
Vadia.
Madras.
73. Travancore. 74. Cochin.
75. Pudukottah.
Bombay.
76. Savantvadi. 95. Surgana.
77. Jath. 96. Bhor.
78. Savanur. 97. Rajpipla.
79. Cambay. 98. Chhota Udepur.
80. Janjira. 99. Lunawada.
81. Kolhapur. 100. Sant.
82. Mudhol. 101. Kadana.
83. Sangli 102. Bhadarwa.
84. Miraj (Senior). 103. Sanjeli.
85. Miraj (Junior). 104. Jambughoda.
86. Jamkhandi. 105. Aundh.
87. Kurundwad (Senior)106. Phaltan.
88. Kurundwad (Junior)107. Akalkot.
89. Ramdrug. 108. Khairpur.
90. Idar. 109. Bansda.
91. vijayanagar. 110. Dharampur.
92. Danta. 111. Jawhar.
93. Mansa. 112. Administered area comprised in the Thana
94. Malpur. Circles and
Sadra Bazar.
113. Sankeda Mewas. 114. Pandu
Mewas.
Bengal.
115. Cooch Behar. 116. Tripura.
United
Provinces.
117. Benaras. 118. Tehri.
Eastern
States Agency.
119. Athgarh. 139. Kharsawan.
120. Athmallik. 140. Korea.
121. Bamra. 141. Mayurbhanj.
122. Baramba. 142. Nandgaon.
123. Bastar. 143. Narsinghpur.
124. Baudh. 144. Nayagarh.
125. Bonai. 145. Nilgiri.
126. Changbhakar. 146. Pal-Lahara.
127. Chhuikhadan. 147. Patna.
128. Despalla. 148. Raigarh.
129. Dhenkanal. 149. Rairakhol.
130. Gangpur. 150. Ranpur.
131. Hindol. 151. Sakti.
132. Jashpur. 152. Sarangarh.
133. Kalahandi. 153. Saraikela.
134. Kanker. 154. Sonepur.
135. Kawardha 155. Surguja.
136. Keonjhar. 156. Talcher.
137. Khiragarh. 157. Tigiria.
138. Khandpara. 158. Udaipur.
Assam.
158-A. Cooch Behar. 158-B. Tripura.
Part-B. – States
included in the schedule for the period terminating on the date specified
against each.
State Date
of termination.
Baria --
1st January, 1940.
Ali-rajpur --
1st Octorber, 1940
SECOND SCHEDULE
List of sections of the Indian Penal Code.—
Section 300, 302, 303, 304, 307, 308, 311,
392, 394, 395, 396, 397, 399, 400,
401, and 402,
_____________
APPENDIX No. 26-10(5)
RULES FOR SYSTEMATIZING CO-OPERATIN BETWEEN
THE
BIRTISH POLICE AND THE POLICE OF THE
JAMMU-KASHMIR,
KAPURTHALA AND MALERKOTLA STATES.
1.
The office-incharge of police station of the Jammu-Kashmir State and the
above-noted States and to British police stations bordering on the State shall
pay periodical visits to one another and exchanging information regarding crime
and criminals, and afford every assistance to parties pursuing offenders over
the border.
2.
The Jumma-Kashmir State and the above-noted States shall depute the
Superintendent of the State Police, or some other official engaged in the
investigation of criminal matters to meet the Superintendents of Police of
adjoining British Districts on the holder, twice a year, to discuss arrangement
for the prevention and detection of crime, and to bring to notice any instances
of neglect on the part of their subordinate police, to give prompt and
efficient assistance to the party requiring it. Should any serious fault be
found with any State officer in charge of the police station or other official,
the Superintendent of Police shall address the State Vakil, if one exists, or
the Political Secretary of the State.
3.
With a view to keeping a check on their subordinates, the Superintendent
of Police of the British district, and the Superintendent of the State Police,
or other officer appointed by the State, shall send intimation to one another
direct of all cases in which the subordinates of either party had occasion to
call for assistance from the other.
4.
Arrangement shall be made for watching the fords and ferries with a view
to intercepting cattle thieves and other criminals.
5.
Lists of persons residing in the Jammu-Kashmir and above-noted States who
are suspected of committing offences in British territory shall be prepared by
the British police, and similar lists of British subjects suspected of
depredating in the Jammu-Kashmir and other above-noted territory shall be
prepared by the State police.
6.
In addition to the lists mentioned in 5 above lists of the names of
persons of both sides of the border, who are in the habit of demanding bhunga
for the restoration of stolen property shall be prepared.
7.
The lists above referred to shall be revised at least once a year.
8.
Every six months, lists of British subjects convicted in the Indian
States shall be published in the Police Gazette, these lists will be furnished
by the Jammu-Kashmir State, and other above-noted States and the Superintendent
of Police of British districts concerned shall similarly furnish the Indian
States direct with lists of the subjects of such States who have been convicted
in British India.
9.
Copies of the Punjab Police Gazette for every police station in the
Jammu-Kashmir and other above-noted States will be supplied by the central
Police Office, Punjab, direct to the headquarters of such States.
10.
Notices of proclaimed offenders and of other matters affecting the
prevention and detection of crime, which the State officials desire to
circular, shall be sent direct to the
office of the Inspector General of Police, Punjab, for publication in the
Police Gazette.
11.
The Deputy Inspector General of Police, Punjab, and the Inspector General
of ranged between them to discuss any difficulties experienced by the States,
shall meet once a year at such place as may be arranged between them to discuss
any difficulties experienced by the State in giving effect to the system of
co-operation above suggested, and to arrange any points of difference which may
arise between the british police and the police of the State.
Note. – Failure to co-operate on
the part of the officials of Indian States should be brought to the immediate
notice of the District Magistrate, who will, when necessary, report the matter
to the Political Officer deputed to the State or to the Punjab Government, as
the case may be.
______________
RULES FOR SYSTEMATIZING COOPERATION BETWEEN THE
BRITISH POLICE AND THE POLICE OF THE THREE
STATES OF PATIALA, NABHA AND FARIDKOT.
Co-operation of Police.
1.
The Sub-Inspectors of the Patiala, Nabha and Faridkot States and of the
British police stations bordering on those States shall pay periodical visits
to one another, and exchange information regarding crime and criminals, and
afford every assistance to parties pursuing offenders over the border.
2.
The Superintendents of Police of the three States and of the adjoining
British districts shall meet as may be arranged, at least twice a year, to
discuss arrangements for the prevention and detection of crime, and to bring to
notice any instances of neglect on the part of their subordinate police to give
prompt and efficient assistance to the party requiring it.
3.
With a view to keeping a check on their subordinates, the Superintendents
of Police of the British districts and of the three States shall send
intimation to one an other direct of all cases in which the subordinates of one
party had occasion to call for assistance from the other.
4.
Arrangements shall be made in each territory for watching roads and
railway stations with a view to intercepting cattle thieves and other
criminals.
5.
Lists of person residing in either British or State territory who (a) are
suspected of depredating in other territory or (b) are in the habit of
demanding “ bhunga” for the restoration of stolen property, together with lists
withness against each offender, shall be prepared by the poliec of the three
State and of the adjoingin British districts. These lists should b supplemented
by a brief summary of evidence agtainst the persons entered therin.
6.
The lists referred to in rule 5 shall be sent once yearly before 1st
November 10th Superintendents of the British districts direct by the heads of
the Police Department of the three State and to the Heads of the Police
Department of the three States direct by the Superintends of Police the British
districts.
7. Every
six months lists of British subjects convicted in the three States shall be published
in the Police Gazette. These lists will be furnished by the Heads of the Police
Departments of the three States, and the Superintendents of Police of adjoining
British districts shall similarly furnish the three Sixes direct with lists of
the State subjects who have been convicted in British India.
7.
Every efforts shall be made by the police of eash jurisdiction to secure
the attendance in the other jurisdictions of witnesses whose evidence is
required in investigations in progress therein.
8.
Copies of the Gazette for the use of eery police station in the
threeStates will be supplied by the Central Police Office, Punjab, direct of
the headquarters of the State.
10. Notices of offenders proclaimed for
extraditable offences and other matter affecting the prevention and detection
of crime, which the State officials desire to ciruclate, shall be sent direct
to the Superintendents of Police of the British districts especially concerned,
and shall also be sent to the office of the Inspector-General of Police,
Punjab, for publication in the Police Gazette.
12.
The Deputy Inspector-General of Police, Punjab, and the administrative
officers controlling the Police Departments of the three states shall, if any
of them desire it, meet once a year at such place, as may be arranged between
the, to ascertain any difficulties experienced by the three States in giving
effect to the system of co-opration above prescribed, and to endeavour to
arrange any points of difference which may arise between the British and the
State Police.
Co-operation of Magistrates.
13. A
1st Class Magistrate deputed by the Deputy Commissioner of the
district concerned and 1se Class Magistrate deputed by the State concerned
shall meet once a year during the touring season at a police to be settled between
them by direct correspondence with a view to taking security form the persons
named in the lists referred to in rule5. The Magistrate deputed by the Deputy
Commissioner of the British district shall previously issue orders to the
sub-inspectors to bring before his court the persons accused in the State lists
and residing in British territory, together with the witnesses, and the
witnesses, and the State Magistrate shall similarly procure the presence of
person named in the British lists and residing in the State, and the meeting
each Magistrate shall within his own jurisdiction try such person with a view
to talking security from them.
14. At
these meeting the Magistrates will discuss any pending question and will decide
such as are within their powers.
RULES FOR SYSTEMATIZING CO-OPERATION BETWEEN
THE BRITISH AND THE BAHAWALPUR STATE POLICE.
Co-operation of Police
1.
The Sub-inspectors of the Bahawalpure State and of the British police stations bordering on that
State shall pay periodical visits to one another, and exchange information
regarding crime and criminals, and
afford assistance to parties pursuing offenders over the borders.
2.
The Superintendent of the State Police and the Superintendent of Police
of the British district shall meet on
the border at least once a year to discuss arrangement for the prevention and
detection of crime and to bring to notice any instances of neglect on the part
of thei subordinate police to give prompt and efficient assistance to the party
requiring it.
3.
With a v iew to keeping a check on their subordinates, the Supernatants
of Police of the British districts and of three States shall send intimation to
one another direct of all cases in which the subordinates of one party had
occasion to call for assistance form the others.
4.
Arrangements shall be made in each territory for watching the fords and
ferries with a view to intercepting
cattle thieves and other criminal.
5.
Every six months lists of British subjects convicted in the State shall
be published in the Police Gazette. These lists shall be furnished by the
Bahawalpur State, and the Superintendent of Police shall similarly furnish the
State direct with the lists of the subjects of the State who have been
convicted in British India.
6.
Every effort should be made by the police of each jurisdiction to secure
the attendance in the other jurisdiction of witnesses whose evidence is
requisites in investigations in progress therein.
7.
Copies of the Gazette for every police station in the Bahgawalpur State
will be supplied by the Central police office direct to the headquarters of the
State.
8.
Notices of proclaimed offenders, and other matters affecting the
prevention and detection of crime which the State officials desire to
circulate, shall be sent direct to the Superintendents of Police of the British districts especially concerned,
and shall also be sent to the office of the Inspector-General of Police Punjab,
for publication in the police Gazette.
9.
The Deputy Inspector-General of Police, Punjab and the administrative
officer controlling the Police Department of the State shall , if either of
them desires it, meet once a year at such place as may be arranged between them
to ascertain any difficulties experienced by the state in giving effect to the
system of co-operation above prescribed and to endeavor to arrange any points
of difference which may arise between the British police and the police of the
State.
10.
On or before December 1st in each year it he Superintendents
of Police of Dera Ghazi Khan and the Bahawalpur State shall send to the
District Magistrate of Sukkur or the Upper Sindh Frontier, ad the case may be,
a list of persons residing in Sindh
territory who are accused of habitually committing crimes over the border or of
taking or demanding money for the restoration of property stolen over the
border. With this list they shall send a brief summary of the evidence against
each person. The Superintendent of Police, Sukkur and Upper Sind Frontier,
shall send similar lists and summaries by the same date to the District
Magistrate, Dera Ghazi Khan and the Foreign Minister, Bahwalpur State.
11.
The District Magistrate of the Sukkur, Upper Sin Frontier and Dera Ghazi
Khan and the Foreign Minister of Bahawalpur State shall every year, deputy a
first class Magistrate to hold a court in February as near as possible to the
border for the trail of the persons so accused . Magistrates on the opposite
sides of the border shall arrange to hold their courts as near as possible to
one another. Cases which cannot be otherwise disposed of should be discussed at
meetings between the Magistrates involved, but other cases should be disposed
of as promptly as possible by the Magistrate principally concerned.
12.
The police on either side of the border shall be responsible for the
production of any accused person or witness, residing within their jurisdiction
after due issue of warrants or summonses by the trying Magistrates.
13.
The provisions of rules 10 to 12 will also applying mutatis mutandis to
the other British districts concerned and the Bahawalpur State.
RULES FOR SYSTEMATIZING CO-OPERATION BETWEEN
THE BRITISH POLICE AND THE POLICE OF THE KAPURTHALA AND MALERKOTLA STATES.
1.
The officers in charge of police stations of the Kapurthala and
Melerkotla States and of the British police stations bordering in those States
shall pay periodically visits to one another and exchange information regarding
crimes and criminals, and afford every assistance to parties pursuing offenders
over the border.
2.
The Kapurthala and Melerkotla States shall depute the Superintendent of
the State Police, or some other official engaged in the administration of
criminal matters, to meet the superintendent of police of adjoining British
districts on the border twice a year, to discuss arrangements for the
prevention and detection of crime, and to bring to notice any instances of
neglect on the part of their subordinate police to give prompt and efficient
assistance to the party requiring it,
and should any serious fault be found with any state officer in charge of the
police station or other official the superintendent to police shall address the
state Vail, through the Deputy Commissioner of the district.
3.
With a view to keeping a check on their subordinates, the superintendents
of police for the British district, and the Superintendent of the State Police,
or other officer appointed by the State, shall send intimation to one another
direct of all cases in which the subordinates of either party had occasion to call for assistance from the
other.
4.
Arrangements shall be made for watching the fords and ferries with a view
to intercepting cattle thieves and other criminals.
5.
Lists of persons residing in the Kapurthala and Melerkotla States who are
suspected of committing offences in British territory shall be prepared by the
British police, and similar lists of British subjects suspected of depredating
in the above noted states territory shall be prepared by the State police.
6.
In addition to the lists mentioned in 5 lists of the names of persons of
both sides of the borders who are in the habit of demanding bhunga for the
restoration of stolen property shall be prepared.
7.
A special Magistrate and special police officer shall be deputed from the
British district concerned, and from the state to make Enquirer regarding the
persons mentioned in the lists alluded to in 5 and 6 above, with a view to
their taking security from such persons.
8.
The list above referred to shall be revised at least once a year and
every cold weather the measures ordered in 7 shall be repeated.
9.
Every Six months list British subjects convicted in the above-mentioned
State shall be published in the Police Gazette; these lists will be furnished
by States, and the Superintendent of police shall similarly furnish the Indian
States direct with lists of the subjects of such States who have been convicted
in British India.
10.
Copes of the Police Gazette for every police Station in the above-noted
State will be supplied by the Central police officer direct to the headquarters
of such States.
11.
Notices of proclaimed offenders and other matters affecting the
prevention and detection of crime, which the State officials desire to
circulate, shall be sent direct to the officer of the Inspect-General of
Police, Punjab, for publication in the police Gazette.
12.
The Deputy Inspector-General of Police Punjab, and the Foreign Minister
of the State shall meet once a year at such place as may be arranged between
them to ascertain any difficulties experienced by the State in giving effect to
the system of cooperation above suggested, and to Endeavour to arrange any point
of difference which may arise between the British Police and the Police of
State.
Note:- Failure to co-operate on the part of
the officials of Indian States should be brought to the immediate notice of the
District Magistrate, who will, when necessary, report the matter to the
political officer to whom the State is, subordinate, or to the Punjab
Government, as the case may be.
APPENDIX NO. 26.14 (2)
Extract from Appendix IX to the Regulations
for the Army in India.
PART 1.
CIVIL OFFENCES COMMITTED BY PERSONS SUBJECT
TO MILITARY LAW.
1.
The following are triable exclusively by civil court ( except on active
service etc):---
Civil offences which a court-martial is
debarred form trying under the provision of the Army Act or Indian Army Act (
of Section 41, Army Act and 41, Indian Army Act)
2.
The following should preferably be tried by civil court ( except on
active service, etc.
(a)
Civil offences ( which may also be military offences e.g. thefts frauds)
committed in conjunction with person not subject to military law;
(b)
Civil offences not suitable for trial by court- marital on account of the
special nature of the case (e.g. complicated frauds) or on account of difficult
legal technicalities being involved; and
(c)
Civil offences in which military interests are no directly involved (e.g,
burglary in a civil establishment).
PART II
INTIATION OF CRIMINAL PROCEEDINGS IN CIVIL
COUTS.
1.
Criminal proceedings against persons subject to military law may be
initiated by:---
(a)
the police on the complaint of a civilian or on arrest by them for a
cognizable offence;
(b)
the military on reporting to the police or to Magistrate that a civil
offences has been committed;
(c)
a Magistrate taking cognizance suo motu or on the complaint of a private
individual.
In cases (a) and (c) the military may (I) decline
to interfere with the course of the civil law or (ii) claim the accused for
trial or if the offender is already in military custody, order trial, by
court-martial, if the accused is legally liable thereto.
In
case failing under (d) the military will not take any further action unless in
their opinion,---
(a)
the complaint is wrongly dismissed or the accused it wrongly discharged
by the civil court, or
(b)
the accused is acquitted by the civil court buy tis liable on the same
alleged, facts to be tried for a purely military offence for which he could not
have been tried by the civil court.
In any of these cases it will be open to the
military to bring the accused before During the investigation stage, the
military may in suitable cases intervene, with the concurrence of the police
and Magistrate and claim the accused for trial by court martial.
See also Home Department Notification No F, 465-28, dated the
17 June, 1982, in Part III below.
If the case is one that must or should be tried by civil court ( vide
Part I above)it should beheaded over to the civil power at the earliest
possible stage.
2.
Criminal proceedings against person not subject to military law must be
initiated in accordance with the provision of the code of criminal procedure
1898, by report to the police or complaint to a Magistrate.
(The
above instruction must bot be interpreted as forbidding or discouraging that
close and personal Co-operation between military and vigil officials which is
essential in matters involving the discipline and welfare of the Army).
PART III
PROCEDURE IN CASES OF CIVIL OFFENCES
COMMITTED BY PERSONS SUBJECT TO THE ARMY ACT.
Home Department
Notification No. F.102/35, dated the 12th March 1935.
In the exercise of the powers, conferred by
sub-section (1) of section 549 of the Code of Criminal Procedure 1898 ( Act V
of 1898), and insupersession of the Notification of the Government of India in the Home Department , No. F/465/28,
dated the 27th June 1982, the Governor-General Council is pleased to
make the following rules as to cases in which persons subject to military,
naval or air force law shall be tried by a court to which the said Code
applies, or by a court-martial , namely:---
1.
Where a person subject to a military, naval or air force law is brought
before a Magistrate and charge with an offence for which he is liable to be
tried by a court material, such Magistrate shall not proceed to try such
person, or to issue orders for his case to be referred to Bench, or to inquire
with a view to his commitment for trial by the Court of Session or the High Court for any offence triable by
such Court, unless,---
(a)
he is of opinion, for reasons to be recorded, that he should so proceed
with being moved there to by competent military, naval or air force authority
or
(b)
he is moved there to by such authority.
2.
Before proceeding under clause (a) of rule 1 the Magistrate shall give
notice to the commanding officer of the accused until the expiry of a period of
five days from the date of service of such notice he shall not—
(a)
acquit or convict the accused under Sections 243, 245,247 or 248 of the
Code of Criminal procedure 1898, (Act V
to 1898), or here him in his defence under Section 254 o the said code; or
(b)
frame in writ in as charge against the accused under Section 240 of the
said Code ; or
(c)
make an order committing the accused for trial by the High Court or the
Court of Sessions s under Section 213 pr sub-Section (1) or Section 446 of the
said Code; or
(d)
issue orders under sub-section (1) of Section 445 of the said Code for
the case to be referred to a Bench.
3.
Where within the period of five days mentioned in Rule 2, or at any time
thereafter before the Magistrate has done any act or issued any order referred
to in that rule, the Commanding Officer of the acused gives notice to the
Magistrate that, in the opinion of competent military, navel or air force
authority as the case may be, the accused should be tried by a court-martial
the Magistrate shall stay proceedings and, if the accused is in his power or
under his control, shall deliver him with the statement prescribed by Section
549 of the said Code to the authority specified in the said section.
4.
Where a Magistrate has been moved by competent military, naval or air
force authority as the case may be, under clause (b) of Rule 1, and the Commanding
Officer of the accused subsequently gives notice to such Magistrate that in the
opinion of such authority, the accused should be tried by a court-martial, such
Magistrate, if he has not before receiving such notice done any act or issued
any order referred to in Rule 2 shall stay proceedings and, if the accused is
in his power or under his control, shall in the like manner deliver him, with
the statement prescribed in Section 549 of the said Code to the authority
specified in the said section.
5.
Where an accused person, having been delivered by the Magistrate under
Rule 3 or 4, is not tried by a court-martial for the offence of which he is
accused, or other effectual proceedings are not taken, or ordered to be taken,
against him, the Magistrate shall report the circumstances to the Local
Government.
6.
In these rules “competent military authority” means the Brigade
Commander, “competent naval authority” means the Flag Officer Commanding Royal
Indian Navy, and “competent Air Force in India”.
PART IV
PROCEDURE IN CASES OF CIVIL OFFENCES
COMMITTED BY PERSONS SUBJECT TO INDIAN ARMY ACT.
1.
An offence committed against the person or property of a civilian cannot
as a rule be tried by court-martial.
2.
Offences under the Indian Army Act, Sections 27(d), 35(a), (b), 39(b),
(d), 41 and 42, as well as most offences under Section 31, can be tried by a
court-martial or a civil court.
3.
The procedure in a case where there is dual jurisdiction is laid down in
the Indian Army Act-Sections 69 and 70; the prescribed military authority being
the General Officer Commanding-in-Chief, district, brigade or station
commander.
If the offender is in Military custody he
Unit Commander Civil Mgistrate will take
steps to request the prescribed military authority to decide before which court
proceedings shall be instituted; but in those cases falling under the Indain
Army Act, Sections 41 and 42, in which death has resulted, the decision shall
rest with the district commander or General Officer Commanding-in-Chief.
APPENDIX No. 26.14(3)
PROCEDURE FOR DEALING WITH BRITISH SOLDIERS
FOR CIVL OFFENCES
Circular
Memorandum from the Adjutant-General in India to all Commands and Bumma
District No. B 680/2 (A.G-8) dated Simla, the 1st August 1930.
(Copies to all formations and units having
British soldiers on their strength).
I
am directed to draw your attention to the position of British soldiers who,
having been convicted by a Civil Court for a civil offence, undergo their
sentences in Civil Jails.
This
matter has been under consideration at Army Headquarters, in view of the
adverse effect, which the revised Civil Jail Classification Rules may have on
the welfare of such British personnnel.
The
factors, which effect the possibility of such such personnel undergoing in
military prisons imprisonment awarded by Civil Courts, are as follows:---
Although
it is within the competence of a local
Government, under Section 541 of the Code of Criminal Procedure, to declare a
Military Prison a place where any person liable to be imprisoned or committed
to custody under the Code of Criminal Procedure shall be confined, it is not
possible under the Army Act for soldiers convicted by Civil Courts to be
legally received in a Military Prison constituted under Section 132 of the Act
for the purpose of serving their sentences, as no power exists under Section 70
of the Army Act to make rules for carrying into effect sentences other than
those awarded by Court-Martial No.Warrant of Committal similar to Form ‘C’
could, therefore, be prescribed.
In
these circumstances amendment of the Army would be necessary before the
receptions into a Military Prison of British personnel sentenced by a Civil
Court could be made legal under the Act.
The
question at issue has been represented to the Home authorities in the past, but
alteration of the existing law has always been opposed by them. It is not therefore proposed to approach the Army Council at this juncture
with a view to the necessary amendments to the Army Act being carried out.
However,
it is essential to safeguard British soldiers charged with civil offences,
whose discharge from the Army is not applied for, from the contaminating
influence of civil criminal assocated while in jail. His Excellency the Commander in Chief
therefore directs that in all cases in which British soldiers are charged with
civil offences the following procedure shall be adopted.
On
receipts of information from the civil authorities that a British soldiers is
charge with a civil offence the Officer Commanding the unit in which the man
concerned is serving will decide at once whether, in view of the character of
the accused and of the crime committed, he will, if the accused is convicted
apply for his discharge from the army under King’s Regulations, paragraph
370(x).
If
the Officer Commanding decides that discharges shall not be applied for, he
will claim the accused for trial by Court-Martial, unless such trial is barred
by the provisions of Army Act, Sections 41(5)(a) or is inadvisable,-- vide
Regulations for the Army in India, Appendix IX, part 1, paragraph 2(a) and (b).
When
the Officer Commanding decide that, if convicted, the discharge of the accused
shall be applied for, he will allow the civil law to take its course and not
claim the accused for trial by Court Martial.
Application
for discharge will be submitted as soon as possible after the sentence passed
by the Civil Court has become absolute either by an appeal not being preferred
within the period allowed by law or by the appeal being dismissed.
Should
the circumstances of civil offence committed by a British soldiers disclose the
fact that the crime was probably committed with the object of the accused
obtaining his discharge from the Army trial by Court-Martial will invariably be
resorted to unless the crime committed falls under the restrictions quoted
above.
The
adoption of the above procedure will ensure, as far as is legally possible,
that soldiers, charged with civil offences whose discharge from the Army is not
desired, will not be subjected to the evil influences associated with life in a
civil prison.
The
attention of all officers empowered to confirm Courts-Martial is drawn to the
implication contained in paragraph 652(h) of King’s Regulations.
Although
detention is lower in the scale of punishment than imprisonment, the work and
military training carried out by soldiers undergoing detention are of more
professional benefit to men returning to their Units than the harder but less
technical programme laid down military prisoners sentenced to imprisonment. Therefore when a solider charged with a civil
offence has been claimed from the Civil Authorities for trial by Court-Martial,
the desirability of committing a sentence of imprisonment to one of detention
must be carefully considered.
Note: The above instructions have been supplemented
by A.H.O Letter No. B/21379 (A.G-8) dated the 22nd June, 1933,
directing that no British soldier shall be left for trial by a Civil Court,
i.e. all shall be claimed for trial by court-martial, unless the offence with
which the soldier is charged is one of those which a court-martial is not
empowered to try, viz, treason murder, man-slaughter, treason-felony and rape.
Arrest, Escape and Custody
APPENDIX No. 26.27(1)
Scale of diet fixed for
A and B better class under-trials accustormed to the western mode of living
(Punjab Government letter No. 14424 (H-Jails), dated the 23rd April,
1930]
Name of article Quantity Remarks
Bread 8
chs
Butter ½
ch.
Mutton 4
chs.
Potatoes 3
chs.
Onions 2
chs.
Mixed condiments ¼ ch.
Sugar 2
chs.
Cocoa 1/8
ch.
(B)
class prisoners will
receive
during the
summar
on chattack of
sugar
in liew of 1/8 ch.
Of
coca per diem.
Ghee ½
ch.
Tea 1/8
ch.
Milk 2
chs.
Rice 2
chs.
Porridge 2
chs.
Firewood 2
chs.
Fresh vegetable from 4 chs.
The jail gardens.
The
above diet will be issued in 3 meals.
Scale of diet ‘A’
and ‘B’ and better class under-trials accustomed to the Eastern mode of living
Name of article Quantity Remarks
Flour 10
chs.
Dal 1
¼ chs
Dhee 1
½ chs.
Potote 2
chs
Salt ¼
chs.
Condiments ¼
chs
Sugar 1
ch.
Tea 1/8
ch.
Vegetables 4
chs.
Milk 6
chs. Or Dahi 4 chs.
Milk 2
chs for tea
Firewood 2
seers
APPENDIX No.
26.27(1)—Contd.
For meat-eaters.—The above diet will
be issued, except that on five days of the week 4 chattacks of meat or 4
chattacks of fish or 4 eggs costing about 2 annas will be issued in lieu of 6
chattacks of milk.
Note.--
This diet will be spread over three meals during each day.
Scale of diet for ‘C’ class and ordinary
under-trials
Name of article Quantity Remarks
Dal
Urd 11/4 chs.
Twice of week Dal Masur
ordinary 11/4 chs.
Dal
Rawan 11/4
chs.
Once a week Dal Gram 1-1/4 chs.
Wheat 8 chs.
(Labouring 10 chs.)
Gram
for parching 1 chs.
(Labouring 2 chs.)
Salt ¼ chs.
Daily Condoments 1/8 ch.
Vegetables 4 chs.
Sarson
or Toria oil ¼ chs.
Wood ¼ chs.
Wood 6 chs.
Gur (Labouring
1 chatack daily)
FORM NO. 26.7(1)
CERTIFICATE REGARDING IDENTITY OF AN ACCUSED
From Police State ,
district
To Sub-Inspector of Police Station ,
district
ACCUSED , son of , caste age
Description ,
resident of Mohalla ,
district, has to-day been arrested in connection with the first information
report No. under section . He gives his name
and residence as noted above, and states that he is known to and lambardars and respectable men of the village.
Kindly answer the questions written on reverse of this certificate.
Dated Signature
of Station Officer
( REVERSE )
|
Questions
|
No.
|
Answers
|
|
1.
Are his name address and residence as given by him, correct ?
2.
Can the lambardars and respectable men identify the man of his name,
address and residence and do they give the same description as given by me on
reverse ?
3.
If already classed “P.R.” convict, the district serial No. of the “P.R”.
slip should be noted.
4.
If he is not a “P.R” convict, should be recommended to be declared a “P.R”.
or P/R/T.” convict now ?
5.
Give his previous in detail, if any.
|
|
|
Reply
From Police State ,
district
To Sub-Inspector of Police Station ,
district
The history of this man
has been ascertained through of and your questions have been answered.
Dated Signature
of Station Officer
FROM No. 26.8(2)
POLICE STATION ( NAME ) DISTRICT
REPORT OF ARREST
( Under Section 62 Criminal Procedure Code )
Has the honour to report
that ,
son of ,
caste ,
Resident of ,
has been apprehended ( or detained, as the case may be ) this day at
o’ clock, as he is accused of .
Dated
The Sub-Inspector
To be lithographed on a post-card
FORM No. 26.16(6)
POLICE DEPARTMENT DISTRICT
REGISTER OF DESERTERS
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1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
Serial No.
|
Date of entry in this register
|
Name, parentage, caste and
description of deserter
|
Residence
|
Date of desertion and regiment
or corps of deserter
|
Reference to letter intimating
information regarding deserter
|
Date of arrest
|
Name and Rank of officer
arresting deserter
|
Remarks showing action taken to
secure arrest
|
|
|
|
|
|
|
|
|
|
|
To
be drawn by hand in an open foolscape size register maintained in the office of
Superintendent in English according to police stations. Vernacular counterpart
to be maintained in each police station.
FORM No. 26.16(7)
DESCRIPTIVE ROLL OF A DESERTER
POLICE DEPARTMENT DISTRICT
District Annual
Serial No.
1.
Name
2.
Father’s Name
3.
Caste
4.
Residence Village
Police Station
District
5.
Description
6.
Regiment to which belonging
7.
Date of description
8.
Place of desertion
9.
Remarks
_____________________
FORM NO. 26.32(1)(E)
BAIL BOND
(
Vernacular form in terms of form XXV is schedule V, Criminal Procedure Code )
______________________
FORM No. 26.30(1)(e)
POLICE DEPARMENT DISTRICT
Note : - Whenever is
necessary to submit any person suspected of having been concerned in any
offence for identification particular care should be taken, pending the arrival
of the identifying witness to keep the suspect in some place where they cannot
have access to him. On their arrival the suspect should be placed with 8 or 9
men similarly dressed, and of the same religion and status, and the
identification carried out whenever possible in the presence of a Magistrate or
independent witnesses. Who should be asked to satisfy themselves that the identification
has been conducted under conditions precluding the possibility of collusion.
Care must be taken that the identification by each witness is done out of sight
and hearing of the other identifying witness.
|
1
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2
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3
|
4
|
5
|
|
Date and place of identification
|
Name of witness
|
Name of suspects he identifies
|
Description of manner in which
the rule regulating such identifications were complied with
|
Signature of Magistrate or
other witnesses in whose presence the test is carried out
|
|
|
|
|
|
|
CHAPTER XXVII - - PROSECUTION AND COURT
DUTIES
27-1-
Charge-sheets - - Preparations and
scrutiny of – (1) (i) When an accused
person is sent for trial the charge-sheet [form 25.56(1)] shall form the final
report required by Section 173, Code of Criminal Procedure. Loose forms of
charge-sheets shall be kept at each police station to enable investigating
officers to prepare and submit them even when away from their police stations.
(ii)
In cases in which a charge-sheet is submitted under sub-rule 1(i) above and in
which a copy of the first information report has been sent to a Panchayat as
required by Police Rule 24.5(2), (a) a report shall also be sent to the
Panchayat containing information on the following points:---
(a)
Whether or not an offence has been proved.
(b)
Whether or no the offence proved is triable by the Panchayat
(c)
The Court in which, and the date on which, the charge-sheet is to be
presented.
(2) Except where it is necessary
to present charge-sheets before a Magistrate on tour or elsewhere than at the
headquarters of a district or sub-division, they shall be submitted through the
Superintendent, Assistant Superintendent or Deputy Superintendent of Police in
charge of the crime of the Police station concerned.
(4)
Charge-sheets shall be thoroughly scrutinized by an officer of the
prosecuting branch not below the rank of prosecuting sub-inspector, who shall
be responsible for seeing that carbon copies of incomplete charge-sheets
together with the copies of orders passed by Magistrates thereon and other
necessary papers are attached; that the identify and previous convictions of
the accused persons have been established; that
in cases when an accused person is on security and such security will be
liable to confiscation in the event of conviction, the fact is duly denoted in
the file so that the attention of the court may be drawn to it; that witnesses
are according to the list entered in the charge sheet; that the police file is
complete and that no papers belonging to it are attached with the charge-sheet,
and that no omissions or defects in the investigation remain un-rectified or
unexplained. After completing his scrutiny as above, the officer of the
prosecuting branch shall lay the charge-sheet and files before the gazetted
officer referred to in sub rule (2) above, or, in his absence, before such
other available gazetted officer or
senior non-gazetted officer as the Superintendent of Police may have nominated
for the purpose, and shall explain the case to him, and take his orders as to
whether it shall be put into court or withheld for further police action. Such
gazetted officer or senior non-gazetted officer shall satisfy himself that the
prosecution case presented in the best possible manner that all material
evidence is produced, including evidence calculated to rebut probable lines of
defence.
(4) The practice of requiring prosecuting witness to appear at
headquarter simultaneously with the chalan has received the approval of the
local Government and of the High Court (See Chapter 3-A, paragraph, 5 (10), of
volume IV of High Court Rules and Orders ). Before sending a charge-sheet to
headquarter the investigation officer should collect all witness, whom it has
been decided to produced in court, and take personal recognisances from them to
appear on the same date as that on which the charge-sheet will reach the court.
The chalan should, however, reach headquarters not less than one before the
date fixed for hearing of the case. It shall be the duty of the prosecuting
branch to facilitate the working of this system and the prompt disposal of
police cases by arranging with Magistrate that a special period be set apart
daily for dealing with fresh chalans and by giving Magistrate as much warning
as possible of the anticipated presentation of a chalan [vide rule 25.51]. This
period should be so fixed as to allow time for witness to reach the police
officer and for chalans to be thoroughly checked and at the time to permit to
all new police cases being taken up by Magistrate at such hour that it may be
possible for the bulk of the prosecution evidence to be recorded before the
court rises for the day. When there are a large number of prosecution witness
in a case, only the more important ones, whose evidence is necessary the
farming of charges, shall be sent with the chalan.
(5) In all serious case, when the accused has been arrested and
prima facie evidence has been produced, the investigating officer send the
accused for trail without delay, whether investigation is complete or not.
Witnesses should accompany such chalans and same arrangements for the prompt
recording of evidence as laid down in such-rule (4) above should be observed.
When available evidence has been recorded remarks or adjournments under Section
167 or 344 of Criminal Procedure, shall arranged as many be necessary. Evidence
obtained subsequently shall be produced before the Court by a subsidiary
chalan.
27.7. Charge-sheet slip and road
certificate – (1) With every charge-sheet shall be sent –(a) a charge sheet slip Form 27.2 (1) (a).
(b) a road certificate in form
10.17.
(c) In the case of charge- sheet against member
of criminal tribe who on conviction
are liable to be sent the Reformatory Settlement, a report in form 27.2 (2).
(2)On the completion of the court
the charge-sheet slip be filled in under the orders of the criminal court
trying the case and returned to the office of the Superintendent of Police. The
result of the case shall then be entered to the office of the Crime Register
and the English Register of Cognizable Offence, and communicated to the police
station concerned.
(3)
In the road certificate shall be entered a list of any weapons, articles
or property sent to the Magistrate’s court in connection with the case. If such
articles are received correct the prosecuting inspector or sub-inspector shall
sign a receipt for them on the road certificate and return it to the police
station.
27.3. Duties of public Prosecutor – (1)
Government Pleaders, who are ex-officio Public Prosecutors, are bound by the
rules contained in Part I, Section II, Law Department Manual. They may not
appear or advise against the Crown in criminal cases. They are allowed to
undertake private civil practice, but are the direct orders and supervision of
District Magistrate and may be appointed to work continuously any particular
case. They are required to appear for the Crown in:---
(a)
All Sessions cases.
(b)
All Section 30 cases at headquarters and, when required by the District
Magistrate, at out-station.
(c)
All commitment cases where his appearance at headquarters, and at put-station
when required by the District Magistrate.
(d)
All criminal appeals when required by the District Magistrate or Sessions
judge.
(e)
All original cases when required by the District Magistrate.
(2) It is part of the duty
of Public Prosecutors to give advise to Government officers on legal questions.
A scale of fees for consultation is authorized, but the payment of such fees
should only be recommended wheren an opinion has been obtained on a manner of especial complexity (Law Department
Manual, Section I, Chapter I, paragraph XV).
27.4.
Police Offence as Public Prosecutors – (1) All Superintendent, Assistant
and Deputy Superintendent of Police are, with reference to Section 270 and 492
of the Code of Criminal Procedure ex-officio public prosecutors in respect of
all cases committed from their respective district for trail before the court
of Sessions. Where no Government Pleader
(Public Prosecutor) has been appointed, or when the service of the Government Pleader are not available, one
of the police officers above-mentioned may conduct the prosecution in Session
trails, but the District Magistrate has power in such circumstances to appoint
any other person to be public prosecutor for the purpose of a particular case.
(2) Prosecuting inspector and
prosecuting sub-inspector of police are appointed public prosecutors in the
local areas specified in the below for all cases which may be enquired into or be tried by a Magistrate including a
Magistrate having powers under Section 30 of the Code of Criminal Procedure.
Officer. Local
areas
Every prosecuting inspector The district
in which the
Of
police.
Prosecuting inspector is
Stationed.
Every prosecuting sub-inspector The district at the headquarters
Of police stationed at the of which the prosecuting
Headquarters of a district. Sub-inspector is stationed.
Every prosecuting sub-inspector The sub-division at the
Of police stationed at the head- headquarters of which the
Quarters of a sub-division. Prosecuting
sub-inspector is
Stationed.
(3) When the complainant in a
criminal case instructs a legal practitioner to conduct the such practitioner
shall act under the instruction of the Public Prosecutor as defined in the
above sub-rules 27.3.
27.6 . Prosecution of railway
cases – The district police prosecuting staff
shall render every assistance which may be required of them in the
performance of court duties in connection with the prosecution of railway
cases, and shall take all necessary measure to promote the efficient
prosecution and expeditions of such cases in the courts.
27.7 . Prosecution of cases under
Section 110 Code Criminal Procedure – (1) Prosecution under Section 110, Code
of Criminal Procedure, shall as far as possible, be arranged to take place
before a Magistrate in camp in the neighborhood frequently by the persons so
prosecuted.
(2)Proceedings under Section 110,
Code of Criminal Procedure, against zaildars, lambardars and inamdars require
the special order of the District Magistrate (Rule 19, Chapter 3 Volume III of
Rules and Orders of the High Court of
Judicature at Lahore).
27.8 . Action on breach of terms of security
bond or conditions of restrictions. – (1) Whenever a person on security on any
kind is prosecuted for an of an offence implying a breach of the terms of his
bond, special application shall be made, at the time of presentation of the
charge-sheet that the court may, in the event of conviction, order the
confiscation of the security.
(2)When a person violates the
conditions of an order passed against him under the Habitual Offenders Act, or
violates any rule made under the Act, he shall be prosecuted under Section 17
of the Act.
(3)It is the duty of the
prosecuting branch to watch the progress of realisation of forfeited security.
When the head of the branch finds that, either generally in the district or in
a particular case, under delay or laxity in realization is taking place, he
shall bring the matter to the Magistrate of the Superintendent, in order that
the attention of the District Magistrate may be invited to it.
27.9. Police Brief. – (1) In all important cases sent for trail, the
investigating officer shall, whenever possible, attend and personally instruct
the prosecuting inspector or public prosecutor. In such case he will prepare a “Police
Brief “ in Form 27.9 (1) and shall mention therein all matters connected with
the case including the probable line of the defence, which in his opinion,
should be specially to the notice of the prosecutor.
(2)In unimportant simple cases no “ Police
Brief “ need be prepared.
(3)In case of more than usual importance
gazetted officers are required to prepare
“
Police Briefs “ themselves.
27.10 Proof
of previous convictions – (1) Previous convictions shall be proved
as laid down in Section 511, Code of Criminal
Procedure.
(2)Requisitions for particulars of previous,
required by the police shall be made in Form 27.10(2).
(3)It is the duty of the police,
in conducting the investigation, to take proper steps to establish the identity
of an accused person and to obtain and produce evidence of previous convictions
against him( High Court Rules and Orders, Volume III Chapter 23.B, Paragraph
9).
The duties of the Magistrate and
of the police in this matter are given in the decision of the Chief-Court in
the case, Empress versus Sham Singh, reported as criminal judgment No 36 in the
Punjab Record of 1884 and especially in the remarks of Mr. Justice Plowden at
page 70 of the record. Requisitions for particulars of previous sufficient
grounds, convictions should therefore be made early during the investigation, but if there be sufficient
grounds, prosecuting officers may apply to the Magistrate for a remand under
Section 344, Criminal Procedure Code, so as to produce evidence of previous
convictions.
27.11 Appeal and access to Judicial records. – (1) Application for the representation of the
Crown in criminal cases, for the institution of appeals against orders of
acquittal or for the exercise of its powers of revision by the High Court,
shall be made through the District Magistrate. Rules framed by Government in
this respect are given in Law Department Manual, Part I, paragraph IX (6).
(2)As regards revision of orders
of discharge, application shall be made to the District Magistrate under
Section 437, Code of Criminal Procedure.
(3) Under the standing
order of the
High Court, Superintendent of Police
are entitled to pursue the judicial record in all cases where a police
officer is convicted or, though acquitted, is left under suspicion or censured.
The object of this is to enable departmental action to be taken where
necessary. Copies of judgments, and translations of the same where necessary,
in such cases, will be supplied free of charge.
The
Inspector-General of Police or any Deputy Inspector-General may, on giving
reasons, call for the record of any decided case, in which the police are
affected. Unless there are grave reasons to the contrary, in which case the
Sessions Judge will decide the point, the request will be compiled with. The
Inspector-General of Police has a right to call for the records in all cases of
professional crime.
Courts
are required to send the Inspector-General of Police of record copies of such
confessions as may be of value of the police.
All
modifications of original decisions made in appeal, revision or reference are
required to be communicated by the District Magistrate to the prosecuting
branch of the office of Superintendent of Police. (Rule 3, Chapter 11-E, of
Volume III, High Court Rules and Orders).
Copies
of judgments and depositions required by police officers in the course of their
duties are exempted from the charges authorized under the Court Fees Act, but
not from copying fees. Gazetted officers and all prosecuting inspectors and
prosecuting sub-inspectors, within the limits of their jurisdiction as public
prosecutors (Rule 27.4) can obtain, free of all charges copes of any part of
the record of a case which they may require in their capacity as public
prosecutor, the cost being met by District Magistrates or the courts concerned.
With
the exceptions noted above, police officers are not entitled either to have
original judicial records handed over to them for perusal or to obtain copies
free of charge. On the frequent occasions when it is necessary for a
Superintendent of Police, in the discharge of his duties, to study the evidence
and decisions recorded at a trial, the proper channel for obtaining access to
such records is through the authority of the District Magistrate. The latter is
head of the prosecuting agency, of which the Superintendent of Police in direct
charge, and that agency requires constant access to judicial records, in order
to fulfil its duty of assisting the District Magistrate through the
Superintendent of Police, to keep in close tough with the work of Magistrates’ courts
and the results of cases.
When
a prsual of the original record will suffice, copies should be dispensed with,
as fees for them have to be paid in every case, whether from police or judicial
funds. It is the practice of the High Court to print the proceedings in all
cases in which the death sentence is inflicted, and it is sometimes possible in
such cases to obtain spare copies of the printed records on application,
through the Deputy Inspector-General of Police, Criminal Investigation
Department, to the Registrar of the High Court.
27.12 Maintenance of order and watch over prisoners
in courts – (1) On every day when the courts are sitting, a sufficient number
of police shall be provided in the precincts of the courts to guard prisoners,
take into custody persons who surrender to their bail, whose bail bonds are
cancelled, or who may otherwise be arrested by the order of a court, and to
preserved order in and in the neighbourhood of courts. The guard in court shall
be strengthened, when prisoners are of a desparate and dangerous character, or
when a case is being heard which is likely to cause public excitement or
demonstrations.
(2)
All prisoners under arrest shall invariably be thoroughly searched before being
taken into court, the police officer in command of he party furnishing guards
for prisoners shall be personally responsible that this is done. If, in
accordance with rule 26.23, prisoners have been brought to the court in
handcuffs, the handcuffs shall not be removed in court unless this is specially
ordered by the presiding officer.
27.13 Compounding of cases under Section 420,
Indian Penal Code – Under orders contained in letter No. 1336 (H-Judl.) of 12th
January, 1927, from the Home Secretary to Government, Punjab, the Provincial
government has directed that sanction to compromise in case under Section 420,
Indian Penal Code, should be resisted, where habitual cheats and professional
swindles are concerned, and also in all cases which show feature of danger to a
wider public than the complaint in the individual case before the court. A case
coming into the latter category would be one in which the method by which the
crime has been committed is or is likely to be widely employed.
27.14 Prosecuting Agency – Composition of – (1) The
police prosecuting agency in each district shall consist of such number of gazetted officers, upper and lower
subordinates as may, from time to time, be sanctioned by the local government
and the Inspector-General of Police.
(2)
A constable shall be attached as court orderly to the court of every
Magistrate, whether stipendiary or honorary, having first class or superior
powers. The senior officer of the prosecuting branch shall arrange for the duty
of court orderly in courts or benches of honorary Magistrates, which sit only
for short periods or at irregular intervals, to be performed by members of
their staff, who may be available at the time required. Clerks or assistant
clerks of police stations may be employed, when necessary, to perform the
duties of court orderly at tehsil courts.
(3)
In each district one of the head constables of the prosecuting staff shall be
appointed as the direct assistant of the prosecuting inspector for the purpose
of maintaining the registers of case property, prescribed in rule 27.16 and,
under the immediate supervision of the prosecuting inspector or a prosecuting
sub-inspector, nominated by him, receiving , checking, cataloguing and issuing
to court orderlies, exhibits and other property kept in the prosecuting agency’s
store-room in connection with cases and unclaimed property. The duties of this
head constable are purely subordinate and his assistance in a routine capacity
in no degree relieves the prosecuting inspector and the prosecuting
sub-inspectors of their personal responsibility, as laid down in rule 27.18 for
the correctness and security of the contents of the malkhana.
27.15 Duties of head of prosecuting agency – The
duties of the head of the police prosecuting agency whether he be of the rank
of Deputy Superintendent of Police or Inspector shall be as follows”:---
(i) Thoroughly to scrutinise chalans and intermediate references
and applications from police stations in connection with the prosecution of
cases, the arrest of offenders, the confiscation of bail of security bonds, and
other matters in which his advice or the orders of a court are required. The
preparation for court and prosecution of all security cases, including security
for keeping the peace (vide Rule 23.32), should received as much attention from
the district prosecuting staff as is practicable.
(ii)
To prosecute, watch or direct the prosecution of cases in the courts of
the district. In this connection it must be realised that his duty embraces not
only the presentation of the prosecution case but contesting the claims of the
defence and ensuring the observance of conditions and restrictions imposed by
the law on the discretion of courts to pass orders in certain circumstances, and the observance of all High
Court orders issued with the object of expediting decisions and preventing
abuses.
(iii)
To supervise and distribute the work of prosecuting officers subordinate
to him and of the police personnel attached to his office or to the courts.
(iv)
To take chare of and deal with, articles and property received in
connection with cases, as well as of unclaimed and suspicious property received
from police stations for orders of Magistrates.
(v)
To supervise the transmission of warrants and summons to the executive
police under the orders of the criminal courts, and to see that returns to such
processes are made without delay.
(vi)
To keep the District Magistrate and the Superintendent of Police informed
of all important matters in connection with criminal cases under trial, to
bring to notice cases requiring to be specially reported to him, and to submit
a daily diary in Form 27.15(vi) showing cases sent for trial, convicted,
discharged and pending in court on that particular day. The instructions of the
High court as to the duties of the prosecuting agency towards the District
Magistrate are contained in Appendix 27.15(vi).
(vii)
To see that the instructions in connection with the diet money and
travelling expenses of witnesses are duly observed.
(viii) To see that payments for bills
submitted through him for all judicial expenses incurred by officers in charge
of police stations are made promptly, either by the Nazir or from his own
permanent advance. For this purpose he will maintain a register in Form
27.15(VII). For all sums of money received from the Nazir a receipt must be
given in form 10.14(1).
Note – One combined receipt for all sums
received from the Nazir on any one day may be given.
(ix)
To see that the results of cases in curt are promptly communicated to
police stations concerned according to rule, and especially to bring to the
notice of the Superintendent, together with an abstract or copy of the judgment
if necessary, orders of acquittal or discharge or other orders of courts, which
either reflect in any way on the conduct of the police or indicate that the
theory on which the case was prosecuted has broken down.
(x)
To keep in view the orders regarding the formation of a criminal museum
at the Police Training School, Phillaur, and to take the orders of the
Superintendent for the acquisition of such weapons, instruments or other
articles connected with cases sent up for trial as may be considered useful as
exhibits of educational value, and to forward them with a brief account of
their use or object to the Principal, Police Training School, Phillaur.
(xi)
To supervise the work of the Vernacular office of the Superintendent of
Police and to exercise a close and constant check on the maintenance of the
registers pertaining to the prosecution
branch. In these respects the prosecuting Deputy Superintendent or inspector is
directly responsible as assistant to the Superintendent of Police.
(xii)
In the execution of these functions, the head of the prosecuting agency
may distribute work and delegate his duties among and to prosecuting inspectors
and sub-inspectors subordinate to him, to such extent as may be approved by the
Superintendent of Police and as is not inconsistent with any Police Rule or
other order of a competent authority.
27.16 Registers to be maintained by
prosecuting Deputy Superintendent or Inspector – The head of the police
prosecuting agency shall, with the help of his assistants, maintain the
following registers:---
(1)
Register of case property and unclaimed property in Form 27.16(1)
This register may be destroyed three years
after being completed.
(a)
This register shall be in the same form as register No. 1, and shall
contain copies of any entries in register No. 1 referring to property which has
been in the custody of the police for over three years. Property in cases in
which the accused are absconding, and the retention of which is necessary for
purposes of evidence, may be transferred to this register as soon as
proceedings under Section 512, Code of Criminal Procedure, are complete.
2.16 Register
of issue from and return to the prosecuting agency’s storeroom of case property
daily produced in courts and pending cases,-- vide rule 27.18(1).
3.
Register of warrants of commitment of jail, and of orders for the
reception of lunatics into asylums, in Form 27.16(3).
a.
Register of receipt and dispatch of under-trial prisoners in Form
27.16(3)(A).
This
register may be destroyed ten years after being completed.
4.
Register of warrants and summonses received for execution and service by
the police in Form 27.16(4).
This register may be destroyed two years
after being completed.
5.
Register of intermediate orders in Form 27.16(5).
This register may be destroyed two years
after being completed.
6.
Register of reasons of security under the provisions of the Code of
Criminal Procedure, or local and special Laws, in Form 27.16(6).
This register shall be divided into separate
parts for each police station in the district.
At the end of each year the names of those
persons remaining on security shall be re-written in the order in which their
securities are timed to expire.
7.
Register of excise cases occurring during the year in which police officers
have been directly concerned, in Form 27.16(7).
8.
Permanent advance account of all judicial expenses in Form 10.52(b).
This register may be destroyed three years
after being completed.
9.
Register of absconders, in English in form 23.20(1).
10.
Register showing progress of action against absconders in form 23.21.
11.
Register of proclaimed offenders who are members of cirminal tribes in
form 22.54(b).
This register shall contain the names of all
members of criminal tribe
Who have been proclaimed under section 87, Code
of Criminal Procedure, for offences against the Criminal Tribes Act.
27.27 Duties in connection with
property.—(1) At headquarters the head
of the prosecuting agency, with the assistance of his staff, shall take charge
of weapons, articles and property connected with cases sent for trial and shall
be responsible for their safe custody until the case is decided. When final orders are passed in the case,
such weapons, articles and property shall if not made over to the owner, be
made over to the sheriff.
2. The
head of the prosecuting agency shall similarly take charge of and be
responsible for the safe custody of, suspicious property until the issue of the
proclamation under section 523, Code of Criminal Procedure, when such property
shall be made over to the sheriff.
3. Unclaimed
property sent in the police shall be made over to the sheriff as soon after
arrival as possible and a receipt thereof taken in register No. 1 (Rule
27.16(1).
4.
Property connected with a case in which the accused is at large and has
been proclaimed shall, if likely to be of material advantage to the
prosecution, be kept by the head of the
prosecuting agency in a strong box in his store-room. If such property,
excepting valuable, it too large to be kept in the strong box it may be kept on
separate racks. If , after 50 years, the case still remains undecided the
property shall be made over to the sheriff for disposal.
When
there are claimants to the property who would suffer hardship through its
retention the orders of the Magistrate shall be taken.
5.
Within the first ten days of each quarter the prosecuting inspector shall
verify all property of which he or a prosecuting sub-inspector at head–quarter
is in charge and shall submit a certificate to the Superintendent of Police
that he has duly carried out the verification. Where a prosecuting
sub-inspector is in sole charge of property or is in joint charge with the
prosecuting inspector, the prosecuting sub-inspector shall be present during
the verification and shall also sign the certificate.
27.17 Safe custody of
property.—(1) Weapons, articles and
property sent in connection with cases shall on receipt be entered in register
No. 1 and shall (excluding livestock) be properly stored in the store-room of
the head of the prosecuting agency, or the police station. See rule 22.18. When required for production in court such
articles shall, at headquarters, be taken out in the presence and under th
personal order of an officer of rank not less than prosecuting sub-inspector
and an entry made in the register of issue from and return to the prosecuting
agency’s store-room, which register shall be maintained in Form 27.18(1).
Animals sent in connection with cases shall
be kept in the pound attached to the police station at the place to which they
have been sent, and the cost of their keep shall be recovered from the District
Magistrate in accordance with rule 25.48.
2. In
all cases in which the property consists of bullion, cash, negotiable
securities, currency notes or jewelry, exceeding in value Rs. 500 the
Superintendent shall obtain the permission of the District Magistrate,
Additional District Magistrate or Sub-Divisional Officer to make it over to the
Treasury Officer for safe custody in the treasury.
3. All
cash, jewelry and other valuable property of small bulk, which is not required
under sub-rule (2) above to be sent to
the treasury, shall be kept in a locked strong box in the store-room. Each court orderly shall be provided with a
strong lockup box in which the he shall keep all case property while it is in
his custody in the court to which he is attached. Case property shall invariably be kept
locked-up in such box accept when it is actually produced as an exhibit in the
course of proceedings. After being so
produced it shall be immediately replaced in the lock-up box. Boxes shall be provided from funds at the
disposal of the District Magistrate.
4.
Property taken out of the main store-room for production in court shall
be signed for by the court orderly concerned in register No. 2 and the prosecuting
officer authorizing the removal shall initial this entry. Such officer shall similarly, after personal
check, initial the entry of return of the property to the main store-room on
the closing of the courts.
5.
Every day, when the courts close, an officer of the prosecuting branch of
rank not less than that of sub-inspector shall personally see that the articles
produced in court are returned to the store-room, restored to their proper
places in the shelves, cup-boards or strong box and registered as required by
sub-rule (4) above. The opening of the
store-room in the morning and is closing in the evening shall invariably be in
the presence of the police officials named in this rule. Animals brought from the pound shall be
repounded under the supervision of a head constable.
27.19 Property
in cases committed to a higher court.--
(1) When an order of commitment
to a superior court is made, any weapons, articles or property capable of such
treatment shall be enclosed in parcel in the presence of the committing
Magistrate.
The
parcel shall be sealed with the seal of the court and made over to the head of
the police prosecuting agency, who shall produce it with unbroken seals before
the superior court, or, if so ordered by competent authority, shall make it
over to some other officer authorized so to produce it.
2. Special
precautions shall be taken under the orders of the Superintendent in regard to
property which cannot be so treated.
27.20. Prosecuting
agency to attend office when courts are closed.-- At district headquarters, on days on which
the courts are closed, an officer of the prosecuting branch not less in rank
than a sub-inspector shall attend the office of the Superintendent to receive
accused persons, weapons, articles and property and to transact urgent
business. At magisterial outposts and
tehsils the prosecuting sub-inspector and court orderly respectively shall
attend the police station for the same purpose.
27.21 Property
of prisoners to be taken charge of.--
Money or other property found on the person of an under-trial prisoner,
other than necessary wearing apparel, shall be taken charge of by the
prosecuting officer and an entry of it made in register No. 1. A list of such articles shall be recorded on
the back of the prisoner’s warrant and the
head of the prosecuting agency shall see that are made over or forward
to the prisoner, if he is discharged or acquitted or punished otherwise than
with imprisonment. An acknowledgement of
the receipt of such property shall be obtained in register No. 1.
If
the prisoner is sentenced to imprisonment the articles shall be sent to the
officer in charge of the jail, a reference to whose acknowledgement shall be
given in register No. 1.
27.22.
Duties of prosecuting sub-inspector and court orderlies at tahsil.—(1)
Prosecuting sub-inspectors at sub-divisions of districts shall perform the
duties detailed in clauses (I) to (v)
and (vii) to (x) of rule 27.15. As
regards clause (vi) of rule 27.15 the prosecuting sub-inspector in a
sub-divisions shall have the same duties in relation to the gazetted police
officer in charge of the sub-division and the sub-divisional officer as the
head of the prosecuting agency has in relation to the Superintendent of Police
and the District Magistrate. He shall
also submit to the gazetted officer in charge of the sub-divisions a daily
diary in form 27.15(vi).
2. In
sub-divisions of districts all registers prescribed in rule 27.16 shall be
maintained by the prosecuting agency.
3.
Rules 27.17 to 27.21 shall apply mutatis mutandis to all prosecuting
sub-insepctor at sub-divisions.
4. Court
orderlies at tahsils and other courts away from headquarters shall maintain
register No. 1 referred to in rule 27.16.
They shall take charge of all property connected with cases sent for
trial by courts to which they are attached in accordance with rules 27.18 27.19
and 27.21 but shall in no circumstances retain such property longer than is
required for each day’s proceedings of the court. Every evening they shall deposit such
property with the clerk of the police station who will be responsible that it
is disposed of in accordance with rules 27.17.27.18 and 27.19.
In
addition, court orderlies in all courts are responsible that order is kept in
courts under the direction of Magistrate.
They will obey all orders given them by the officers prosecuting cases
and will take charge of exhibits are the police files of cases when ordered to
do so. They will also make copies of
statement made to the police under Section 162, Code of Criminal Procedure, and
provide them on payment to the accused.—(See rule 27.23).
27.23. Supply
of copies under Sections 16 and 173(4), Code of Criminal Procedure.-- (1)
Copies of statements recorded by the police under Section 161, Code of
Criminal Procedure, which are asked for by accused persons under section 162,
Code of Criminal Procedure, and copies of final reports similarly asked for
under Section 173(4) of the Code shall invariably be supplied on payment unless
the presiding officer of the court
decides otherwise. The local Government
has decided that the subordinate official responsible for making these copies
shall ordinarily be the police constable appointed as court orderly. This arrangement is only possible, however,
when such police constable is sufficiently educated for the purpose and can
undertake the work without detriment to his primary duties as prescribed in
rule 27.22. Superintendents should, in
consultation with the senior officer of the prosecuting branch, consider the
circumstances of each court in the district as to the volume of such copying
work and of the other duties of the court orderly, and, if they consider that
the latter official should be relived of the whole or a part of the copying
work, should move the District Magistrate to nominate another official of the
court for the purpose.
2. The half share of the copying
fees which in accordance with Financial Commissioner’s Standing Order No. 5, is
payable to the actual copyist, shall be paid to the court orderely, when he is
entitled to it, but neither that official nor any other police officer shall
have any share in or responsibility for the collection of copying fees or the
keeping of the prescribed accounts thereof.
3. The prosecuting officer attached
to the court concerned shall be responsible that the orders contained in Home
Secretary’s letter No. 19893 (H.—Judl), dated 8th September 1925,
are strictly complied with and no abuses are permitted in the method of payment
therein laid down.
27.24.
Production of police records as evidence. (1) A
police officer is bound, under the provisions of section 162 of the Evidence Act (I of 1872), to produce
any document in his possession or power if summoned to do so, but, if such
document is an unpublished official
record relating to any affair of State, he is prohibited by section 123 of the
same Act from giving evidence derived from it and the court is prohibited from
inspecting it.
2. The following police records are
privileged under section 123, Evidence Act.
If their production is demanded, a certificate in form 27.24(2) must be
obtained from the Inspector-General may at his discretion allow evidence
derived from such documents to be given and in order to enable him to exercise
this discretion it is important any document, should submit either the original
document, a copy, or a full translation it is in vernacular. That a Police Officer claiming privilege in
respect of together with a report indicating why it is necessary to claim
privilege and also that his claim is justified.
(1)
The Surveillance Register (Rule 23.4 (1)).
(2)
Village Crime Register, Part IV (Rule 23.59)
(3)
History Sheets (Rule 23.9).
(4)
Bad Character Rolls and Information Sheets (Rules 23.16 and 23.17).
(5)
Case diaries.
In files or in the Police Gazette.
(6)
All unpublished orders of Government or of the Inspector-General of
Police contained.
(7)
All documents or records which are classed as “Secret” or “Confidential.”
3. While the prohibition of the
giving of evidence derived from other police records is not absolute, the
provisions of Section 124, Evidence Act, permit a police officer to refuse to
disclose orders or other communications made to him in the course of his
official duties, when the considers that the public interest would suffer by
such disclosure.
4. When the production of official
correspondence is in question, the head of the office possessing such
correspondence has authority to grant or withhold permission under Section 123
of the Evidence Act. In exercising this
discretion he shall be guided by the general rule that correspondence may not
be produced without the permission of the highest authority concerned in
it. Detailed instructions on this point
were communicated to all heads of Police offices with the Inspector-General’s
endorsement No. 1506-A/29-31-26A of 10th August 1928.
27.25
Co-operation of Jail officials in identification of prisoners. Information
that a convicted person has not been identified should invariably be
given to the Superintendent of the Jail concerned. Under the provisions of the Jail Manual such
prisoners are required to be specially classified and the Superintendent of the
Jail is required to furnish the police with the names and particulars of all
persons who visit them and with clues as to their identify which may be
obtained from examination of letters despatched by or addressed to them.
27.26. Assauits
on police – Prosecution for. – When assaults are committed upon the members of
thew police force while in the execution of their duties, the prompt
prosecution of the offenders should be arranged for if possible at, or near ,
the scene of the offence, adequate sentences being pressed for by the
prosecuting agency.
27.27. Diet
of accused persons. – The instructions regarding the dieting of accused persons
arrested by the police and the recovery of diet money are contained in rule
26.27.
27.28. Diet
money and travelling expenses advanced to witnesses. – (1) Diet money at the
rates prescribed by Government from time to time, and travelling expenses,
shall invariably be advanced at the police station, at the time of bonds of appearance
being taken, to all witnesses required to appear in cases sent to court by the
police. This procedure shall be followed both in cognizable cases and in
preventive security and all other cases in which the police select and take
bonds from witnesses. Diet money may also be advanced at the request of the
accused or his legal adviser to witnesses required to appear for the defence.
(2) Such
diet money shall be paid from, and including, the day on which the witness
entered into his recognizance up to , and including, the day on which the
charge-sheet will be made over to the Magistrate having jurisdiction in the
case.
(3) Money
so expended shall be entered in the road certificate and shall be recovered
when the charge-sheet is made over to the Magistrate as a debit against the
Judicial Department a receipt being given in form 10.14(1). The prosecuting
inspector or his representative at courts away from headquarters, shall be
responsible that sums advanced under this rule by police stations are recovered
on the day of presentation of the demand from the court itself or the sheriff.
Should there be any delay in the recovery of such money the head of the
prosecuting agency shall remit the amount of the police station from his
permanent advance, The head of the prosecuting agency shall bring to notice any
instance in which inadequate diet money or travelling expenses have been paid
to witnesses in police cases.
(4) Gazetted
officers and inspectors hearing charge-sheet , and representatives of the
prosecuting agency in courts, shall satisfy themselves that diet money and
travelling expenses said to have been paid to complainants and witnesses, at
police stations have actually been so paid.
27.29. Record
of conviction. – Conviction and orders to execute bonds in all cognizable
police cases shall be entered in (a) the Vernacular General Crime Register and
the English Register of Cognizable Offences which are maintained in the office
of the Superintendent and (b) in the First Information Report Register which is
maintained at the police station reporting the offence. Convictions and orders
in the cases detailed below shall also be entered in (c) the Conviction
Register which, for purpose of section
75, Indian Penal Code, and sections 3 of the Punjab Habitual Of fenders
(Control and Refor Act, 1952), is maintained in each police station as
prescribed in Chapter XXII.
I—(INDIAN PENAL CODE)
Chapter Sections
XI 193
To Giving or fabricating false evidence.
195
211
False charge of committing an
un-natural offence. - -
377
XII 231
To
Counterfeiting of coin.
232
233
Making , buying, selling or having in possession.
To Instruments or material for
counterfeiting
235 Coin.
236 Abetting
the counterfeiting of coin out of India.
237
XII To Import or export of counterfeit coins.
238
239
240
Possession or delivery of counterfeit coin.
242
243
244
Unlawful alteration of weight or composition of coin by persons employed
in Mints.
245
Unlawful removal of coining instruments from Mints.
246
Unlawful alteration of weight, composition or
To appearance of coin and
possession and delivery
253
of such coins.
255 Counterfeiting
of Government stamps.
256 Making
buying, selling or having in possession
To instruments or material for
counterfeiting
257 Government
stamps.
XII 258
To
possession or sate of counterfeit
Government
259 stamps.
260 Using
of counterfeit stamps.
261
To Fraudulent effacenemt or
erasure of Government
263
stamps.
XVI 302
303
304
307
311
Murder.
326
327
328
329
354
Indecent assault of a woman.
363
To Kidnapping.
369
376
Rape.
377
Unnatural offence.
XVII 379
To Thefts of all kinds.
382
384
To
394
Robbery of all kinds.
397
and
398
395
396
399
Dakaiti of all kinds.
402
400
Belonging to a gang of thieves or dacoits.
And
401
404
Dishonest misappropriation of property belonging
To a deceased person.
406
To Criminal breach of trust by
public servant.
409
411
To Receiving stolen property.
414
418
Cheating of all kinds, except simple cheating,
To Section 417.
420
XVII 429
To
433
and
Serious mischief
435
To
440
449
To House-tresspass in order to commit an
offence.
452
454
Lurking house-tresspass or house-breaking other
To than simple, Section 453.
And Grievous hurt or death cause
in horse-breaking.
460
461
Dishonestly breaking open a closed receptacle.
462
Fraudulently opening a closed receptacle held in trust.
465
To Forgery
469
XVII 489
A
To Forgery of currency notes
and bank notes.
489
D
All offences which would, if committed in
British India have been punishable under Chapter XII or Chapter XVII of the
Indian Penal Code with imprisonment of either description for a term of there
years or upwards, in which the order of conviction was passed by a court or
tribunal in the territories of any Indian Prince or State in India acting under
the general or special authority of to Governor -General in council or of any
local Government.
II.—( CODE OF
CRIMINAL PROCEDURE ).
Chapter VIII.—Sections 108, 109 and 110—Bad
livelihood.
III.—(
Miscellaneous Acts ).
Sections 3 and 4. Act III of 1867—Gambling.
Section 9, Act I of 1878 – Opium smuggling.
Indian Arms Act, 1959, ( No.54 of 1959, Section 7 of the Essential
Commodities Act, 1955 )
IV – ( Other Offences )
All offences, in which the subsequent proof
of the conviction so recorded would render the person convicted liable by law
to enhanced punishment on subsequent conviction of the same or similar offence
by reason of the proof of such former conviction, and all offences which upon
such proof, the law establishes a presumption in favor of the prosecution.
Illustration.—(a) Offences under section 8 of Act XVI of
1861, as amended by Act XVI of 1876, shall be so entered because an enhanced
punishment is provided for every subsequent conviction.
(b) Offences
against rules made by the local Government under Section 41 of Act VII of 1878
( The Indian Forest Act ) by reason of the provisions of the last clause of
paragraph 2 of section 42 of the same Act.
(c) Offences
under section 13 of Act XV of 1910 ( The Cantonment Act ).
Note.—Conviction for theft by courts-martial,
although the persons convicted have not been sent up for trial or pro9secuted
by the police, shall also be entered in the conviction registers in all cases
in which the convictions are intimated to the Civil authorities.
27-30. Entries in conviction register when
made.—The entries shall be made.
(a)
if there is no appeal immediately:---
(b)
if an appeal is made and the conviction is upheld, when the result of the
appeal is known.
(c)
if an appeal lies but is not made, when limitation has expired.
27-31. Entries of convictions how and when
made.—(1) Entries of convictions shall ordinarily be made from charge sheet
slips.
(2) When
the entry has been made in the General Crime Register the charge sheet slip
shall be sent to the police station.
(3) When
charge sheet slips are kept pending for results of appeals to be known they
shall be kept in pigeon holes by the official in charge of the General Crime
Register and separate intimation of the results of the case in the lower court
shall be sent to the police station.
27-32. Despatch register of
charge sheet and conviction slips.—A Despatch Register of charge sheet and
conviction slips referring to cases included under rule 27.29 shall be
maintained in Form 27.32(1) by the official in charge of the General Crime
Register.
Separate
pages shall be allotted for each police station in the district and for
conviction slips received from Magistrates of other districts.
(2) After
the necessary entries have been made in the First Information Report Register
and Conviction Register, charge sheet slips and conviction slips shall be
returned for record in the office of the Superintendent of the district from
which they were despatched.
27-33. Despatch of conviction
slips in other cases..(1) If the charge sheet slip refers to the conviction of
a person for an offence included under rule 27.29 of a person who is a resident
of a police station other than that from which the case was sent for trial, the
official in charge of the General Crime Register shall send a conviction slip
in Form 27.33(1) in addition to sending the charge sheet slip to that police
station of which such person is a resident.
If such police station is in
another district the conviction slip shall be sent through the Superintendent.
(2) If there is any doubt as to the residence of a convict,
or if a convict is unidentified or belongs to foreign territory, the conviction
shall be recorded in the police station
from which the case was sent for trial. In such a case a notice may be sent for
publication in the Criminal Intelligence Gazette.
27-34.
Intimation of convictions from courts.—Convictions in cases included under rule
27.29, which are dealt with by Magistrates, direct, shall be entered in the
Conviction Register on receipt of intimation from Magistrates.
27-35.
Publication of conviction of Europeans, etc., in Criminal Intelligence Gazette.
(1) Conviction, obtained in the Punjab, of Europeans, Anglo-Indians, or
subjects of any foreign state, shall in addition to the record prescribed in
the above rules, be recorded in the like form, together with the descriptive
roll of the person convicted in the English and vernacular editions of the
Criminal Intelligence Gazette.
(2) Superintendents may use their own
discretion as to the publication of such conviction in the case of persons who are
subjects of Indian States. Ordinarily the convictions of such persons shall
only be published when they are habitual offenders.
37-36. General Crime Register… A
General Register in Form 27-36 shall be maintained in vernacular in the office
of each Superintendent.
(1) The particulars of every
cognizable offence reported to the police shall be entered in such register.
(2) The register shall be divided
into groups of offences corresponding with statement “A” of the Annual Report.
At the top of the first page allotted to each group shall be written the
heading of the group and the pages shall be cut to display the headings.
(3) On the receipt of the
counterfoil of the first information report the return writer shall enter in
the register as many of the particulars required as may be possible, and shall
endorse on such counterfoil the words :Entered contents in the General Crime
Register” with the date and his signature.
As the investigation proceeds he shall enter
from the case diaries any additional particulars necessary to complete the
form, and shall similarly endorse such case diaries.
(4) If a case sent up by the
police is convicted under a section or law, other than that entered in the
register, a red line shall be drawn through the original entries and fresh
entries made under the group which includes the offence of which the offender
is actually convicted.
If one person is convicted of the offence
originally entered, and another person of a different offence, the original
entry shall be corrected and a fresh entry made of the separate conviction.
(5) Every erasure and alteration
shall be made so that the original entry remains legible.
(6) Case cancelled or transferred
to other districts shall be erased by a red line drawn through them and an
entry made giving an abstract of the order of cancellation or transfer, with
the date and the name of the officer who made it.
(7) At the close of each year the
register for the year in question shall totalled.
Each group of offences after deducting cases
cancelled and transferred shall be totalled separately, these totalled being
required for the preparation of annual statistics of crime.
Each annual volume shall be strongly bound
and kept for ten years.
27-37. General Crime Register…Rules for
maintenance of… The following rules shall regulate the maintenance of the
General Crime Register and the preparation of the annual statistics of crime:---
(i) Each separate offence shall be reckoned as a separate case
although several such offences may have been joined for the purpose of the
trial.
(ii) The question whether a set of facts constitutes one offence or
more than one offence shall be determined with reference to section 235, Code
of Criminal Procedure.
(iii) In prosecution for bad livelihood and for nuisance under section
34 of the Police Act, a separate case shall ordinarily be entered for each
person arrested.
When a case is sent for trial and a final
order is passed, such case shall be entered under the section of the Act under
which the accused person is convicted or acquitted. The final order is the
order which stands after all appeals have been heard.
If such conviction or acquittal covers the
facts reported by the police, the police returns shall, if they differ, be
amended accordingly and the original report cancelled.
Illustrations.
(a) The police send up A for
trial of murder. A is convicted of culpable homicide.
The returns shall be corrected by entry under
culpable homicide and by cancelling the entry under murder.
(b) The police send up B for
trial of murder. B is convicted under section 318, Indian Penal Code. Where, if
a murder was committed, as the conviction does not cover the facts of the
police reports through it covers the evidence the police were able to produce,
the entry of murder shall stand, and a new entry be made under section 318,
Indian Penal Code.
(c) C is found in possession of
suspicious property and is sent up for trial on a charge of theft. He is
convicted under section 411, Indian Penal Code. The property corresponded with
that stolen in a case reported. The theft may be cancelled and an entry made
under section 411, Indian Penal Code, if the evidence leaves the presumption
evenly balanced between theft and receiving but if the evidence shows that
Creceived the stolen property from the thief, the case of the theft shall stand
and a new entry, be made under section 411, Indian Penal Code.
(v) Cased cancelled by order of the District Magistrate shall be
excluded from the police returns but the arrest of any person in a case thus
cancelled, Together with the particulars required by the form, shall be shown
in the columns relating to persons.
(vi) A case shall be shown only in the returns of the district in
which it was investigated, or, if transferred to another district for trial, in
the returns of such district.
(vii) A “decided” case is a case which has been brought to trial.
(viii) A “discharged” person is one not brought to trial.
(ix)
Bank notes, bills, and cheques payable to bearer shall, when their cash
value has been effectually transferred from the person from whom they were
stolen, or taken in an offence, be
entered at their cash value.
Bounds, securities, cash books, ledgers, and
the like shall be entered only at the value of their component materials.
Property stolen or recovered shall be entered
in the returns of the year in which the report is made irrespective of the true
date of such loss or recovery.
No such loss or recovery shall be recorded in
the returns of more than one year.
(x)
When a summons case is dismissed or a compoundable case compounded, any
person arrested in such case shall be shown as acquitted.
(xi)
If an accused person is discharged and subsequently re-arrested and
convicted on the same facts, or if an accused person is acquitted and such
acquittal is subsequently quashed and the person convicted on the same facts,
only one arrest and one conviction shall be shown in the police returns.
(xii)
When an accused person dies, commits suicide, or becomes of unsound mind
after the commission of an offence a note of the fact shall be made in the
column of remarks of the return in question.
(xiii)
Persons shall be shown as acquitted or discharged, who die before the
conclusion of the trial or who are
discharged or a acquitted in a cognizable offence, whether such offence has
been cancelled or not and whether they are convicted of a non-cognizable
offence or not.
27-38. Record
of First Information Reports and Case Diaries. – (1) Case diaries shall be
filed, in order of dates, with the first information report of the case in
question.
(2) In the record room of each district
police office there shall be an almirah containing three rows of pigeon-holes,
each row containing as many pigeon-holes as there are police stations in the
district.
A
set of three pigeon-holes shall be allotted to each police station:---
(a)
In the upper row shall be kept complete cases, in which the final report
or charge-sheet has been received, and papers connected with cases which have
previously been removed from the almirah.
(b)
In the middle row shall be kept first information reports in pending
cases and case diaries which have been duly sorted and placed in order of
dates.
(c)
In the lower row shall be kept unsorted papers connected with pending
cases.
(3) The files of cases under investigation or pending shall be
removed from the middle row and placed in the upper row so soon as the final
report has been received and filed.
The
papers in the lower row shall, as far as possible, be sorted daily and placed
with their respective first information reports in the middle row.
27-39. Monthly sorting. – (1) At the end of each
month, or sooner if convenient, the cases in the upper row which are no longer
pending investigation shall be sorted and divided into separate packets as
follows:---
(a)
All traced cases and untraced bailable cases, including cancelled cases.
(b)
Untraced non-bailable cases, in which actin under section 512, Code of
Criminal Procedure, has not been taken.
(c)
Untraced bailable and non-bailable cases in which action under section
512, Code of Criminal Procedure, has been taken.
Each packet shall be placed in
the record room in the current year’s bundle of the police station concerned.
A
list of all the first information reports contained therein shall be kept with
each packet under (b) and (c).
In
(a) packets the cases shall be arranged in order of the serial numbers of the
first information reports.
(2) At the end of the current year the
packets in the current year’s bundle shall be removed and placed in other
bundles in accordance with sub-rule (3).
(3) In the record room four separate bundles
of case files shall be kept for each police station as follows:---
One bundle for the current year’s case files,
which shall contain all the packets under (a), (b) and (c), in accordance with
sub-rule (1).
One bundle for the previous year’s case files
containing only packets under (a).
One bundle for the case files of the lat year
but one, containing only packets under (a).
One bundle for the files of all cases under
(b) reported during the past five years.
The
bundles of each police station shall be tied up in cloth of a distinctive
colour and each bundle shall be market with the name of the police station and
the year to which its contents belong, as follows:---
Current
Year .. (a) (b)
and (c) files.
Previous
year ..
(a) files.
Last year but one .. (a) files.
Previous
five years .. (b) files.
(4)
The files of cases coming under (c) of all police station, shall, on
removal from the current year’s bundle, be tied up together in one bundle in
cloth of a distinctive colour.
The bundle shall be labelled “50
years bundle” and names of all the police stations concerned shall be entered
on the label.
Such annual bundles shall be kept together in
a separate part of the record room.
(5)
The packets of case files shall be disposed of as follow:---
(i) Packets coming under (a) will be removed and destroyed after
two years from the date of the decision of the case in the Trial Court provided
that no appeal or revision in the case is pending in a Appellate Courts.
Untraced bailable cases including cancelled cases will be removed and destroyed
after two years from the date on which the Magistrate has passed orders about
the case being kept as untraced or cancelled as the case may be.
(ii) Packets coming under (b) will be removed and destroyed after
five years from the date of order of the magistrate for keeping the case as
untraced.
(iii) Packets coming under (c) will be removed and destroyed after
fifty years from the date of conclusion of proceedings under Section 512,
Criminal Procedure Code.
APPENDIX No. 27-15 (VI)
Extract from Chapter 3-A, of Volume IV, High
Court Rules and Orders regarding the duties of the prosecuting agency towards
the District Magistrate.
(7) A convenient and valuable source of
information for the adequate supervision of criminal business is the Police
Department English register of cognizable offences mentioned in the Police Rule
24-8 (1). This register is placed before the District Magistrate on each
working day when he is at district headquarters. It gives information not only
of the action of the police (thus enabling the District Magistrate, to
superintend their work) but also affords the means of watching the progress and
the results of business in Court. The practice of merely initialing this
register after a hasty glance at it too commonly prevails, but a few minutes
each day spent on considering the entries for the day and for preceding days
will enable the District Magistrate to maintain a close touch with all branches
of the criminal administration. The entries for the day bring to light at once
the orders of courts which are prima facie unsatisfactory and which require the
scrutiny of the District Magistrate. The register, therefore, facilitates the
making of references to the High Court, and puts the Deputy Commissioner in a
position at the earliest possible moment to initiate proceedings by way of
appeal. It can also be used to disclose cases which have been pending for an
inordinate time.
(8) The Deputy Commissioner is the head of
the prosecuting agency in the district and this affords him a further
opportunity of keeping in touch with the work in all courts. It is easy for him
to arrange to be informed by the prosecuting agency each day of any omission on
the part of courts to record the evidence of witnesses produced and to
investigate promptly any complaint which may be made of dilatoriness in any
particular court.
(9) * * * * * * * *
(10) The Judges are strongly of opinion that it
is necessary to revert to the old system of sending up all material witnesses with
the chalan. This system has been resumed in some districts with very marked
success, but it can be carried out only if the work of Magistrates is so
arranged that they shall without delay commence the trial of chalans presented
to them by the police. No excuse for not proceeding at once with a chalan,
should be accepted other than that the Magistrate is already engaged on another
chalan, or on a complaint case in which a postponement would work genuine
hardship. In such contingencies the fresh chalan should be proceeded with as
soon as the Magistrate is free from the first from the first case, and it must
be impressed upon Magistrate that witness should be examined at once, that the
trial must proceed from day to day without interruption, that charges should be
framed without delay and without
adjournment for the purpose of considering whether a charge should be framed or
not, and that deference should bot be paid to the wishes of an unready bar. If
the presentation of witnesses along with chalans renders it impossible on any
particular day to record the statement of witness present in complaint cases,
the evidence of the latte should be recorded the first thing next morning
before the business of that day is undertaken, and similarly on any succeeding day
the arrears of the pervious day should be disposed of before the set work of that day. In this way
it will be possible to avoid retaining any witnesses for more than two days at
the utmost. Should congestion occur or
be threatened, the Magistrate should apply promptly to the District Magistrate
for sanction to fix one or more blank days in the week to be utilized for
catching up with arrears, and the District Magistrate will find it convenient
to receive each day from the prosecuting inspector a short note showing how the
system is working in each of the subordinate courts.
(11) All arrests made by the police without warrant are reported to
District Magistrate under Section 62 of the Criminal Procedure Code, and all
remand orders under Section 167 passed by subordinate Magistrates are similarly
reported. Both these reports should be forwarded tot he ilaqa Magistrate, who
has already received the First Information Report. The Magistrate of the ilaqa
is, thus, in a position to know what crime is under investigation in his ilaqa,
and what cases are likely to reach his Court within the next days. The
Magistrate is responsible that the completion report under Section 173 of the
Criminal Procedure Code is not unduly delayed, and his responsibility in this
respect should be emphasized. He should insist on the prompt submission of the
First Information Report and of the arrest report, and he should call for the
completion report from the Superintendent of Police if that report is unduly delayed. The District Magistrate should cause
the ilaqa Magistrate to realize that he is not a mere Judge whose duty it is simply to decide cases produced
before him, but that he is at all times responsible for the maintenance of the
peace in the area which is made over into his charge. Every effort should be
made to get the ilaqa magistrate to take a personal interest in and gain a
through knowledge of his own than-as.
(12) The Deputy Commissioner’s absence in camp
must necessarily interfere with his day-to-day supervision of the work of the
subordinate courts, but the interference
can be minimized if arrangements are made with the Superintendent of Police
that the register of cognizable crime is submitted each day to the next senior
Magistrate at Sadar. That Magistrate, if not exercising the powers of a
District Magistrate is not authorized to issue orders to the police but the
object is that he should bring immediately to the notice of the District
magistrate cases in which his interference is called for, and in which
Magistrate records should be obtained.
Similarly the senior Magistrate can be entrusted with the duties of securing
the punctual attendance of subordinate Magistrates and of seeing that witnesses
are not dismissed without their evidence being recorded or that chalan cases
are not delayed.
(13) Not infrequently cases have occurred where
undue delay has taken place in reporting for revision the unsatisfactory orders
of subordinate Courts, or in moving Government to institute appeals. The delay is largely due to reliance on the
monthly business statements which may not be submitted to the District
Magistrate till a considerable time after the objectionable order has been
passed. District Magistrates should make free use of the register of cognizable
crime for these purposes, and should take prompt action in cases where such
action appears necessary. Having done so, they should arrange to be informed at
once of any appeal that may be made to the Sessions Court in a case which has
been reported, and they must report promptly to the High Court first the fact
of the appeal having been filed and
later its results.
FORM No. 27.1(3).
Memorandum
of Chalan
F.I.R. No._____________________, dated___________________ Crown
vs._________
Police Station________________ Section__________________.
1. Whether all the papers and documents
entered in the list given on the chalan are properly attached toe the chalan?
2. Are all the columns of chalan form duly
filled in? Note any mistake made in filling the form.
3. Does the list of property entered in
column No.5 tally with the list given in Road Certificate? Note any
discrepancies.
4. Is the copy of Police Station file
complete? Does it contain a copy of the F.I.R? Is the file properly prepared
and signed by Station seal, etc.?
5. Is the plain of spot prepared according
to instructions, i.e., whether the notes on it are entered by the investigating
officer in red ink, and if these notes appear to be made correctly?
6. Are the sketches of the weapons of offence attached to the chalan? Do they bear
the signatures of the preparing officer and the weight of the weapon?
7. Is the list of stolen property attached
to the chalan? I f so, does it bear the
signatures of the complainant and the officer writing the list, with date?
8. In murder and hurt cases whether the
post-mortem reports, inquest reports, statements of injuries, Chemical Examiner’s
and Imperial Serologist’s reports attached to the chalan or not.
9. Whether the list of properties, etc.
recovered, produced, or seized in the cases are correctly prepared, dated and
signed by witnesses and officer
preparing them? Also whether the signatures of the witnesses of recovery who
are entered in the chalan appear on the lists?
10. Were the accused’s search slips sent to
Bureau and was any reply received is so, what?
11. Are the identification certificates of
the accused attached to chalan?
12. Which of the accused are previous
convicts? Give brief note of their conviction with dates.
13. Whether all the persons who were accused
of committing the offence in the F.I.R. or First Case diary have been sent up
for trial? Note is some of them are omitted or some new are added.
Also note if the officer sending the
chalan has noted any reasons for doing so in the brief.
14. Is the Police brief prepared according
to instructions? Note defects. [ Paragraph 179.]
15. Are all the eye or other necessary
witnesses whose name were mentioned in F.I.R. entered in the chalan? If not,
are any reasons given in brief for doing so?
16. Note the dates on which the several
accused were arrested
17. Were remands regularly taken and was the
chalan prepared in proper time?
18. Whether all necessary evidence has been
entered in the chalan? Note if there are
any commission.
19. Whether the personal bonds and bail bonds
of accused persons and the recognizances of all witnesses are attached toe the
chalan or not? If they are attached, note if they are complete, and properly
bind the accused and witnesses fore attendance. If arrangements for producing
witnesses along with the chalan have not been made, are any reasons given in
the chalan for not doing so?
20. Note in cases sent up for proceedings
under Section 512, Criminal Procedure Code, if the full description of the
absconders and list of the property owned by them are attached to the chalan.
Whether separate report for obtaining the warrant of arrest of absconder was
received, whether proceedings under Section 87/88, Criminal Procedure
Code, have been started.
21. In Cases of kidnapping an abduction note
if the medical opinion and copies of birth register are attached with the
chalan.
22. Whether the statements of prosecution
witnesses were separately recorded under Section 161/162, Criminal
Procedure Code?
23. By whom has the chalan been prepared?
24. Has any unnecessary delay been made in
the course of investigation or in chalaning the case?
25. Other necessary facts, defects and
omissions made in the investigation, etc., which require special notice or
which necessitate some action. Particular care should be taken to see whether
enquiry has been made regarding the connections of Prosecution witnesses with
the complainant and with the accused.
26. A brief order issued or action taken on
the chalan.
27. Final decision of the case with date.
28. Note any undue delay made by court in
dealing with the case. Instances in which witnesses were produced with the
chalan and were sent back unheard, delays in frami9ng charges, hearing
arguments or pronouncing judgments, etc.
29. If the case ends in discharge or
acquittal, copy of the judgment should
be attached with an opinion as to whether or not he case is a fit one for
revision or an appeal.
FORM No. 27.2(1)(a)
POLICE STATION DISTRICT
Serial No. of charge sheet slip despatch register
Charge-sheet slip to accompany charge sheet No.
(1) No. of First
Information Report (4)
Date of sending up for trial
(2) Date of Report (5)
Date of arrival in Court
(3) Value of Property [ Stolen
[ Recovered
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
Name of accused arrested, parentage caste, residence, occupation,
description and special marks of identification
|
Offence under which charge by the Police and place of occurrence
|
Date of arrest
|
Date of transfer or escape
|
Offence which has been proved against the accused or in which he has
been acquitted
|
Sentence, date of sentence, name
of court and presiding officer with his power, the district in which the
trial was held and whether the case was tried summarily or otherwise
|
District serial No. of P.R. Slip (if any) as entered in P.R. Register
|
|
|
|
|
|
|
|
|
Signature of the Magistrate
FORM No. 27.2(2)
LIST OF HEADINGS.
Station House Officer—
(1)
Name.
(2)
Parentage.
(3)
Caste and tribe ( settled or wandering).
(4)
Age.
(5)
Description
(6)
Residence. (In case he is not a Brish subject y birth both the original
and the present residence should be given).
(7)
No. and date of Punjab Government Notification under Section 3 of the
Criminal Tribes Act under which declared a member of a Criminal Tribe.
(8)
Date and place of registration.
(9)
F.P. Slip No.
(10)
No. and date of Punjab Government Notification imposing restrictions:-
(a) Under Section 10.
(b) Under Section 11.
(11)
Date and original area of restriction.
(12)
Changes in area of restriction mentioned under No. 11 above, if any with
authorities.
(13)
Has he been in the Reformatory Settlement or in any other Criminal Tribes
Settlement established under Section 16 Previously and, if so, supply the
following information:-
(a) No. and date of restriction
orders under Section 16 with name of Settlement to which restricted.
(b) When was he released on form ‘L’
under rule 28-A?
(c) No. and date of order under
section 18 discharging him from Settlement.
(14)
Is there any objection to the Criminal Tribe member being allowed to
remain in his area of restriction mentioned above? If so, furnish material on
the following points:---
(a) Has he any land at his village,
and if not, has he any other means of livelihood?
(b) Modus Operandi.
(c) Details of recorded and
unrecorded suspicious with dates.
(d) Particulars of friends and
relations of bad character and of other persons of bad repute with whom the
Criminal Tribe member associates.
(e) General reputation in the village
together with the opinion of the village officials.
(f) Copy of Register A.
(g) Station House Officer’s report
concerning eligibility of the Criminal Tribe member for admission to the
Reformatory Settlement after his release from jail and any remarks.
(h) Offence now committed.
(i) Brief history of the case.
Prosecuting Branch—
(15)
Result of the case and action taken under rule 28(3) of the Rules framed
under Section 20 of the Criminal Tribes Act.
(16)
Grounds on which the Criminal Tribe member is eligible for admission to
Reformatory Settlement after his release from jail.
P.Dy, Supdt, Police
P.I.
Note:- The
above form together with enclosures (in duplicate should be forwarded tot he Deputy Commissioner for Criminal
Tribes’ Punjab, with his remarks.
FORM No.27-9(1)
Police Department, __________District.
POLICE BRIEF IN CASE UNDER
SECTION________________FIRST INFORMA-
TION REPORT NO._______________, POLICE STATION______________________
(1) Place
of occurrence and its distance
from the Police Station.
(2) Date
and time of occurrence.
(3) Date
and time when F.I.R. was made
at the Police Station, and explanation.
(4) Value
of property stolen. Recovered.
(5) Name
of complainant, with explanation.
If not, the leading injured party.
(6) Name
and parentage of accused and date of arrest with explanation of any delay in
effecting arrest; also note whether mentioned in F.I.R. and if not when and how
first mentioned ________________________________
[ Fresh page ]
(7) Concise
statement of the case for the prosecution.
[ Fresh page
]
(8) List
of witnesses, giving name, parentage and address.
[ Fresh page
]
(9) List of point to be proved by the prosecution to establish
the offence with serial number or witness to prove each point.
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1
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2
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3
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4
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5
|
|
Points to be
Proved to es-
Tablish the
Offence
|
Serial Number
Of witness
|
Abstract of
Statement of
each witness as
Given in the
Police file
|
Reference to
Case diaries re-
Lating to the
Witness’s state-
Ment
|
REMARKS
|
|
|
|
|
|
|
Note 1.—For column 1—See under “Practice-Evidence”
in the appropriate section in “The Law of Crimes”.
Note 2.—In column 5 – Note anything which
counsel should know, e.g. explanation for delay in witness coming forward, credibility
of witness (e.g., friendship with complainant, accused, or other witnesses),
possible discrepancies and explanation thereof.
[ Fresh page ]
(10) List of exhibits together with the explanation of any delay in
the recovery of any article.
[ Fresh page ]
(11) Probable Line of defence with reasons of investigating officer
for rejecting it and suggested Line or rebuttal. (Note here reasons for
omission of any accused or witnesses mentioned in F.I.R)
[ Fresh page ]
(12) Proceeding in Court.
|
Date of hearing
|
What is to be done
At this hearing
|
What has been
Done at this
|
REMARKS
|
|
|
|
|
|
|
PROCEEDINGS IN THE COURT OF MAGISTRATE, CLASS
|
|
Date of hearing
|
What is to be done on this
Hearing
|
What has been Done on
This hearing
|
|
|
|
|
FORM No. 27-15(VI)
NAME OF PROSECUTING OFFICER ______________
DAILY DIARY
OF THE COURT OF __________________ FOR
___________________
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1
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2
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3
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4
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5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
Daily Serial No.
|
Case fixed for this day
(including fresh cases) with names of accused, offence FIR No. and name of
Police Station
|
Date of fir hearing of case
|
Number of witnesses summoned
|
Number of witnesses attended
|
Were all witnesses served? If not, give reasons for
non-service of summons
|
Number of witnesses examined
|
Explanation of the case was not
taken up or if all the witnesses were
not examined or if, in fresh cases, witnesses were not present with the
chalan
|
What
Proceed-
Ings were
Taken on
This day?
|
Next date
Of hear-
ing of
Cases
|
Remarks
|
|
|
|
|
|
|
|
|
|
|
|
|
NOTE 1.---- Each case shall be
dealt with separately, and when a fresh date for hearing is fixed, the
Prosecuting Officer shall immediately enter up the case under the new date and
give a reference to the place in the diary when the case last came up for
hearing.
NOTE 2.—Entries in column 8 must
be confined to facts, and care must be taken to avoid any criticism of a
Magistrate.
FORM No. 27-16(1)
VERNACULAR REGISTER OF PROPERTY SENT IN CASES
AND OF UNCLAIMED PROPERTY
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1
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2
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3
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4
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5
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6
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7
|
8
|
9
|
10
|
11
|
12
|
|
Serial No.
|
Reference to First to formation
Report or to case diary or report
|
Name of Police Station from
where received
|
Name of complaint or supposed
owner
|
Name of accused or suspected
person
|
Offence
|
Date of receipt
|
Detail of property in cases
|
Detail of unclaimed property
|
How disposed of
|
Date of disposal
|
Remarks
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM No. 26-16(3)
JAILOR’S RECEIPT FOR ALL PRISONERS DELIVERED
INTO JAIL
|
1
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2
|
3
|
4
|
5
|
6
|
7
|
|
Serial No.
|
Name, parentage and residence
of prisoner
|
Authority under which sent to
Jail
|
Name and signature of seal of
officer-in-charge
|
Property, etc., sent with
prisoner
|
Signature of Jailor, with date
|
REMARKS
|
|
|
|
|
|
|
|
|
Note : This register should be prepared by hand in vernacular in foolscap
size and the headings written and pasted on lengthwise.
FORM No. 27-15(VI) – Concluded
DETAILS OF CASES PENDING IN EACH COURT
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1
|
2
|
3
|
4
|
5
|
6
|
|
|
Pending From Last Week
|
Received During Week
|
Received by Transfer from
Courts
|
Convicted
|
|
Serial No.
|
Court
|
Cases
|
Persons
|
Cases
|
Persons
|
Cases
|
Persons
|
Cases
|
Persons
|
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
|
Cases Persons
|
Cases Persons
|
Cases Persons
|
Cases
|
Persons
|
Cases
|
Persons
|
Cases
|
Persons
|
REMARKS
|
|
|
|
|
|
|
|
|
|
|
|
FORM No. 27-15 (VIII)
REGISTER OF JUDICIAL EXPENSES BILLS
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
|
Serial No.
|
Date of receipt of bill
|
Name of Police Station
sub-mitting bill and other particulars
|
Diet of witness
|
Fare of witness
|
Diet of accused
|
Fare of accused
|
Carriage expenses of property
|
Carriage dead body
|
Feeding charges of recovered
cattle
|
Miscellaneous
|
Total
|
Authority sanctioning the bill
|
Date of handing over the bills
of the Nazir for payment
|
Date of payment by the Nazir
|
Signature of the payee and date
|
Remarks
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM No. 27-16(3)(A)
POLICE DEPARTMENT DISTRICT
REGISTER OF INGRESS AND EGRESS OF UNDER-TRIAL
IN THE JUDICIAL LOCK-UP
|
INGREES OF PRISONERS
|
|
Serial No.
|
Date
|
Name and parent age of the
prisoner brought into the lock-up
|
Name of the officer bringing the prisoner
|
Place where from brought in
|
Initials of the officer
Incharge of the lock-up receiving the prisoner
|
REMARKS
|
|
EGRESS OF PRISONERS
|
|
Serial No.
|
Date
|
Name and parent age of the
prisoner taken out of the lock-out
|
Place where sent
|
Name of the officer in charge
of the escorting party
|
Initials or thumb mark of the
officer taking over charge of the prisoner
|
REMARKS
|
|
|
|
|
|
|
|
|
FORM No. 27-16(4)
VERNACULAR REGISTER OF WARRANTS OF ARREST NAD
SEARCH AND OF
SUMMONSES RECEIVED FOR EXECUTION AND SERVICE
BY THE POLICE
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
|
|
STEPS TAKEN BY THE POLICE
TO CARRY OUT
|
|
|
No.
|
Name, caste, occupation and
residence of person on whom the process is to be served
|
For what offence issued
|
Warrant or summons and for what
purpose
|
By whom issued
|
Date of process
|
Date of hearing of case
|
Date of receipt of process by
the Police Department
|
Date of endorsement and
despatch and name of Police Officer to whom endorsed
|
Date of execution of process
|
Date of return to Court
|
Remarks
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM No. 27-16(5)
VERNACULAR REGISTER OF INTERMEDIATE ORDERS IN
CASES
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
No.
|
Complainant
|
Accused
|
Criminal Court
|
Offence with No. and date or
First Information Report and name of Police Station
|
Intermediate order
|
Final order
|
REMARKS
|
|
|
|
|
|
|
|
|
|
FORM No. 27-16(6)
VERNACULAR REGISTER OF PERSONS ON SECURITY TO
BE OF GOOD
BEHAVIOUR, THEN NAMES OF SURETIES, ETC.
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
Serial No.
|
Name, father’s name and caste
of person required to find security
|
Residence
|
Amount of security and of
personal recognizance
|
Names, father’s names and caste
of sureties
|
Residence of sureties
|
Name of Court which passed the
order to find security, name of presiding officer, powers of the court,
district in which order was passed and date of order
|
|
8
|
9
|
10
|
11
|
|
IMPRISONMENT IN DEFAULT OF
SECURITY
|
DATE OF EXPIRY OF PERIOD OF
SECURITY
Date
and month of
|
|
|
(a) Date of going to prison
|
(b) Date of release
|
19 .
19 .
19 .
19 .
|
Reference to First information
Report or papers in any case in which a person on security was convicted and
bond became liable to forfeiture
|
Reference to papers appertaining
to proceedings taken to obtain forfeiture of security and result of such
proceedings
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM No. 27-24 (2)
ORDER
Summons from the Court
of the for the production at of the office files relating to the
(a) I direct to appear with the files mentioned in the
summons a brief description of which is given below and to claim privilege for
them under Section 123 of the Evidence Act.
(b) Having examined the documents mentioned in the summons, I
withhold permission to give any evidence derived from the files for which
privilege is claimed under this order.
It
should be represented to the Court that these files contain unpublished
official records relating to affairs of State for the purpose of Section 123
and that, in view of the provisions of Section 162 of the Evidence Act, the
filed are not open to the inspection of the Court:---
Dated , the Inspector-General of Police
*
Here insert a brief description of the nature of the documents summoned
together with the reasons for claiming privilege for example, this document is
a report of a C.I.D. Officer making a secret inquiry into a case of fraud and
it is undesirable in the interest of the inquiry that its contents should be
disclosed.
FORM No. 27-32(1)
RECEIPT AND DESPATCH REGISTER OF CAHRGE-SHEET
SLIPS AND CONVICTIONS
SLIPS REFERRNG TO CASES INCLUDED UNDR RULE
27-29
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
Disposal of Charge-sheet Slips
|
|
|
Annual serial No. of charge-sheet slips or conviction slips received
from other districts or from Magistrates
|
Date of receipt with name of
the district
|
Name of police station, offence
with section and No. of First Information Report
|
Date of despatch to police
section sending up the accused for trial
|
Date of return from the police
station sending up the accused for trial
|
Name, parentage and caste of
the convict
|
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
|
Residence
|
Disposal of Conviction Slip
|
|
|
Village
|
Police Station
|
District
|
Date of despatch to the
district or police station in which the convict resides
|
Date of return from the
district or police station in which the convict resides
|
Number of entry in register No.
IX of the police station in which the conviction in entered
|
Date of return of conviction
slip to district from which received. (The column will only be filled in
where conviction slips are received from other districts)
|
REMARKS
|
|
|
|
|
|
|
|
|
|
FORM No. 27-16(7)
VERNACULAR REGISTER OF EXCISE CASES OCCURRING
DURING THE YEAR 19 IN WHICH
POLICE OFFICERS HAVE BEEN DIRECTLY CONCERNED
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
Serial No.
|
Name of police station
|
Date of report
|
Description of offence
committed with section of Excise or Opium Act and No. and date of First
information Report, if any
|
Nature of action taken by the
police (e.g., accused arrested, illicit spirits detained, report made to
Excise Officer or as the case may be)
|
Name and rank of officer by
whom action referred to in column 5 was taken
|
Final result of the case
|
Amount of reward, in any
sanctioned for the police in the case
|
Remarks
|
|
|
|
|
|
|
|
|
|
|
FORM No. 27-18(1)
REGISTER OF ISSUE FROM AND RETURNED TO THE
PROSECUTING INSPECTOR’S MALKHANA
OF CASE PROPERTY DAILY PRODUCED IN COURTS AND
PENDING CASES. – VIDE POLICE RULE 27-18.
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
Serial No. and date of issue
|
Serial no. of property register
(form No. 27-16(1) on which the property issued, is entered)
|
Signature of the Court orderly
to whom property issued
|
Initials of the prosecuting
officer in whose presence the property was issued
|
Signature of the head
constable, incharge, Malkhana, who receives back the property, with date of
receipt
|
Initials of the prosecuting
officer in whose presence the property was returned to the Malkhana
|
REMARKS
|
|
|
|
|
|
|
|
|
FORM No. 27-33(1)
POLICE DEPARTMENT DISTRICT
CONVICTION SLIP OF A PERSON CONVICTED IN
ABOVE
DISTRICT WHO IS SUPPOSED TO RESIDE IN THE
POLICE
STATION OF DISTRICT
Serial No. of charge-sheet slip despatch register.
1. F.I.R.
Report No. of Police Station
2. Name
,
son of alias
3. Caste
4. Occupation
5. Description
Age Height particulars
marks as shown in charge-sheet.
6. Resident of village Police Station District
7. Brief account of offence with section
and of law under which
conviction was obtained and place of offence.
8. Sentence --
(i) Date of sentence
(ii) Court of
(iii)
Name of presiding officer
(iv)
District in which trial was held
(v)
Was case tried summarily or otherwise ?
9. District Serial No. of
P.R. Slip with
descriptive roll as shown therein
10. Remarks
You
are requested to return this statement in the event of its being discovered
that the convicted person does not commonly reside in your police station or
district.
Dated
The 19 Superintendent
of Police
Date of entry in the conviction register of
the police station, with the signature of Clerk, Head Constable and the Serial
No. of the entry .
FORM No. 27-36
General Register No.1
POLICE DEPARTMENT DISTRICT
COGNIZABLE CASES REPORTED AT A POLICE STATION
FOR THE YEAR 19
|
1
|
2
|
3
|
4
|
5
|
6
|
|
Annual Serial No.of cases
reported
|
Police Station No. and date of
First Information Report
|
Date and case of occurrence
|
Section of India Penal Code or
law offended against
|
Name and parentage
|
Residence
|
|
|
|
|
|
|
|
|
7
|
8
|
9
|
10
|
11
|
|
ACCUSED
|
|
Name
|
Parentage
|
Caste and occupation
|
Residence
|
Age
|
|
|
|
|
|
|
FROM NO.27-36-Contd.
|
12
|
13
|
14
|
15
|
16
|
17
|
18
|
|
CASES
|
|
|
True Cases
|
|
In which investigation was
refused
|
Number of cases proved as false
by the Magistrate or declared false
|
Number of cases in which a
mistake of law or fact occurred or declared non-cognizable by a Magistrate
|
Ending in conviction
|
Ending in discharge or
acquittal
|
No detected or apprehended (
cases in column 12 will not be shown)
|
Total of true cases ( columns 12+15+16+17)
|
|
19
|
20
|
21
|
22
|
23
|
24
|
25
|
|
PERSONS
|
|
Person in custody on bail under
section 170, Criminal Procedure Code, at beginning of the year
|
Arrested by the police during
the year
|
Persons released under section
169, Criminal Procedure Code
|
Presons sent for trial
|
Number convicted
|
Number acquitted or discharged
|
Persons who had not been
arrested at end of year ( only persons for whom warrants have been issued
during the year will be included
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FROM NO. 27.36-Contd.
|
26
|
27
|
28
|
29
|
30
|
31
|
32
|
33
|
|
PROPERTY
|
|
Amount of Property Stolen
|
Amount of Property recovered
|
|
|
Rupees
|
Annas
|
Pies
|
Rupees
|
Annas
|
Pies
|
Reference to the entries in
Register of Cognizable Officers
|
REMARKS
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
CHAPTER XXVIII-RAILWAY POLICE AND OTHER
SPECIAL RULES
28.1.
Organisation—The General Railway Police district administered by the
Inspector General of Police, Punjab, Comprises the railway systems within the
boundaries of the jurisdiction of the Punjab Government. It is under the direct
supervision of the Assistant Inspector General, Government Railway Police, who
is invested with the same departmental powers within his jurisdiction as a
deputy Inspector-General of a Range.
The
Government Railway Police force is organized to meet the special requirements
of crime and the maintenance of law and order on the railways systems. The
Assistant Inspector-General exercises administrative control over the whole
force troll of the Assistant
Inspector-General as Assistant Superintendent of Police is in executive charge
of Interior economy, of the Reserve, and of the staff inspectors, sergeants and
lower subordinates who are specially allocated to the protection of passengers
and the maintenance of order at railway stations. For the prevention and
detection of crime and general police duties the Government Railway police
jurisdiction is divided in to such number of sub-divisions as may be from time
to time, authorized in the executive charge of Deputy Superintendents of
police. Sub-divisions are further divided in to railway police station areas
for the purpose of the registration of crime, the upkeep of records and the
distribution of the force. For the investigation of crime, however every
sub-inspector of railway police has the power of an officer in charge of a
police station( vide rule 1.12).
28.2.
Jurisdiction—The jurisdiction of the railway police is confined to “Railway
Limits, i.e.
all ground and buildings within the railway
boundary fencing or boundary marks:---
Provided
that all offences committed in or in close proximity to dwelling houses or
barracks of railway servants shall be taken cognizance of and investigated by
the district police. This proviso, however, does not extend to stations
situated in Indian States where the railway police take cognizance of such
offences.
28.3.
Central Investigating Agency.—The duties of the Central Investigating
Agency are:---
(1)
to investigate serious or complicated cases or special out breaks of
crime;
(2)
to maintain records for the classification and prevention of crime and
for the control of fluctuations;
(3)
to provide plain clothes detective staff;
(4)
to provide armed train guards in special circumstances;
(5)
to furnish seal checking posts at provincial boundaries and elsewhere as required for the purpose of
localizing investigations.
28.4.
Recruitment and Training—The Government Railway Police force recruits and
trains its own men and shares with the district police the facilities afforded
by the Provincial Training School.
Railway
police constables may be attached to districts police station s with the
permission of the Superintendent of district, for the purpose of acquiring
knowledge of local bad characters and suspects. The shall, while so attached,
be under the orders and control of the officer in charge of the police station
for purposes of discipline and instruction.
28.5.
Duties and powers.—Gazetted officers, inspectors and officers in charge
of railway police station sand their subordinates shall be governed and guided
by the orders defining the duties, responsibilities and powers of such officers
contained in these rules, the Code of Criminal Procedure, Railways Act and
Police Act and other laws.
28.6.
Special rules regarding investigations of railways accidents—The
following rules regarding the investigation of railway accidents have special
reference to the railway police:---
(j) The railway police may make an
investigation in to the causes which led to any accident occurring in the
course of working of a railway, and shall do so-
(a)
Whenever any such accident is attended with loss of human life or with
grievous hurt as defined in the India Penal Code, or with serious injury to
property, or has prima facie been due to any criminal act or omission;
(b)
Whenever the District Magistrate, or other Magistrate appointed in this
behalf by the provincial Government, directs an investigation to be held;
Provided that no such investigation shall be
made when a magisterial enquiry has been commenced or ordered.
(ii)
Whenever an investigation is made under clause (a) or (b) of sub-rule
preceding, it shall be supervised by an officer not below the rank of an
inspector. A police officer attending a joint officer’s enquiry must be
gazetted officer. The rules regarding notices of accidents, and inquires by
government inspectors in to railway accidents issued by Government of India by
notification in the Department of Commerce and Industry No. 801, dated the 24th
March 1905, and in pursuance of section 84, Indian railways Act, 1890 will be
found in Appendix 28.6.
(iii)
Except, when there is reason to suspect that a railway accident has been
caused by the commission of cognizable offence which the police officer in
question has jurisdiction to investigate, a police officer investigating a
railway accident has no power to compel the attendance of witnesses or to make
arrests.
(iv)
Whenever an investigation in to a railway accident is started by the
railway police, they shall give immediate information to, and if necessary
enlist the co-operation of the local district police.
The railway police, and, in the absence of
railway police, the district police,are required
to report immediately to the nearest station
master, or responsible railway official, every accident which may come to their
notice, occurring in the course of working a railway, in which serious injury
to person or property has been caused or an offence appears to have been
committed.
An English and vernacular copy of that part
of the rules, dealing with the duties of the police in connection with railway
accidents, shall be hung up in every railway police station and post and the
orders therein shall be complied with.
28.6-A.
Arrest of railway servants—When the arrest of a railway servant is to be
effected, a request shall ordinarily be forwarded to the railway authorities
concerned for the relief form duty of the person so arrested. If the immediate
removal of the railway servant form duty would be likely to endanger the safety
of the travelling public, or be a serious inconvenience to the railway, the
arrest shall ordinarily be deferred until the relief is effected, but the
railway servant may be arrested and allowed to continue his duty under guard if
it is advisable to place him under immediate restraint.
28.7.
Special duty of the railway police—(1)The following particulars duties,
among others, devolve upon the railway police:---
(a)
To protect travelers form injury to person or property.
(b)
To maintain law and order at railway stations and in trains.
(c)
To attend be arrival and departure of passengers trains at station s and
to render all possible assistance to passengers and railway officers.
(d)
To bring to the notice of the proper authorities all offences under the
Railways Act. And breaches of bye-laws, and all cases of fraud, or oppression,
on the part of railway subordinates.
(e)
To keep platforms clear of idlers and beggars and to keep a look-out for
suspicious persons, smugglers and person travelling with arms without a
licensee.
(f)
To search all empty carriages for property left behind by passengers.
(g)
To control the hackney carriages playing for hire at railway stations and
to enforce the regulation of the railway authorities with regard to them.
(2)
It is not the business of the railway police to undertake the watch and
ward of railway property or of property consigned to the railway for
transportation. For these duties a special force of watchmen is employed and
administered by the railway authorities. The railway police shall not be
required to intervene in cases of shortage or of missing goods or to examine or
check the seals of goods wagons, unless they have reason to suspect the
commission of cognizable offences. The provision of guards on goods trains is
not one of normal duties of the police and should only be undertaken if there
is definite reason to anticipate the commission of offences.
(3)
When, however offences are specially prevalent in any particular
locality, the railway police are authorized to take special measure, including
the posting of police to goods yards, special seal-checking operation and the
investigation of shortages, with the object of detecting such offences and
apprehending the offenders. Such measures are aimed solely at the control of
crime and in no way affect the duties and responsibilities of railways
officials in respect of the protection of railway property and private property
entrusted to the railway for transport.
28.8.
Relation with the railway authorities—In regard to important matters
connected with the railway police administration, and with the protective
duties of the police and the preservation of order, the views of the Agent or
other superior railway officers concerned shall be ascertained and considered.
28.9.
Relation with the district police—The district and railways police are
branches of the same force and are required to co-operate and assist each other
upon every occasion and in every way possible. An opportunity of attending
inter-district police Conferences shall invariably given to sub-divisional
officers of railway police concerned, and the Assistant
Inspector-General.Railway Police shall be similarly given the opportunity of
attending Conferences regarding criminal administration handle by rang Deputy
Inspectors-General.
28.10.
Co-operation between railway and district police—The rules which follow
have been framed to assist co-operation between railway and district police in
particulars matters:---
(i)
The Assistant Inspector-General of Railway Police shall keep in close
touch with the Superintendents of district police through whose jurisdiction
railways run, and should meet them periodically in order to arrange for
satisfactory co-operation and harmonious working between their respective
subordinates. The Assistant Inspector-General of Railway Police should also keep
in touch with District Magistrates and see that the railway police show proper
deference to the district authorities.
(ii)
District Magistrates should, form time to time, examine the registers
railway police station s within their districts and record remarks on such
examinations in the Minute Book of the station. Officers in charge of police
stations shall send copies of such remarks through their sub-divisional
officers to the Assistant Inspector-General who will see that proper action
taken.
(iii)
Superintendents of district police shall frequently visit railway police
station situated in their districts and satisfy themselves that the orders in
connection with the deputation of district policemen to railway stations
and co-operation between railway and
district police are being properly carried out. They should enter in the
Station Minute Book remarks and suggestions in connection with these matters.
(iv)
All serious crime, including offences of which special reports have,
under the police rules to be submitted by district police station, shall be
specially reported at once by the railway police to the Superintendents of
district police concerned and to the District Magistrate. The use of telegraph
or telephone for these reports is advisable in cases in which delay would
otherwise ensue.
(v)
Case diaries of the railway police shall be submitted by the railway
police officer making the investigation
to the sub-divisional officer or Assistant Inspector-General of Railway Police,
for scrutiny and orders. A copy shall also be sent to the Superintendent of
Police of the district within those boundaries the case is registered to enable
him to prosecute when necessary; to be available should the Magistrate
empowered to take cognizance of the offence call for it; and in order that railway
cases may be properly placed before the criminal courts.
(vi)
There are many case which, although initially and correctly registered in
railway police stations, could equally lawfull and more successfully be dealt
with by the district police. Cases of murder reported to have occurred within
railway jurisdiction fall into this category, if they arise out of district
feuds and quarrels or have been committed outside railway limits, the railway line being merely
used by the murderers with a view to creating the impression that death has
been accidental. Dacoities, robberies and train wrecking, and similar offences,
can often be better dealt with by the district police. It is important
therefore, that Superintendents of Police should scrutinize First Information
Reports received from railway police stations, and transfer from the railway
police jurisdiction, to the district police stations, cases in which such
transfer is desirable.
(vii)
Superintendent of district police shall give the railway police all
assistance which they may require in following cases beyond railway limits. The
presentation in court and prosecution of railway police cases shall be
undertaken by the prosecution staff of the district concerned with the same degree of energy and supervision as
is enjoined upon them in respect of cases registered by the district police.
Whenever possible the railway police will provide a special prosecuting officer
for important cases and cases which involve railway technicalities, but such
action shall relieve the district police of responsibilities for taking all
steps in their power to assist the prosecution.
(viii) Any defects or irregularities
notices in charge-sheets, and other papers received from the railway police,
shall be pointed out by the Superintendent of the district police to the
subordinate railway police direct, but no strictures on the railway police
shall be passes on such papers. When, in the opinion of the Superintendent of
district police, the conduct of the railway police merits reproof the shall address
the Assistant Inspector-General of Railway Police on the subject.
(ix)
If cases which should be, or have been, registered by the railway police
are traced by the district police acting independently, information shall
immediately be given to the railway police station concerned.
(x)
When the Assistant, Inspector-General of Railway Police sends a case for
orders through a Superintendent of the district police to a magistrate
empowered to take cognizance of it, or to a District Magistrate, the
Superintendent of Police shall transmit it; he may not return it to the railway
police with his own order, unless and until he has obtained the orders of the
Magistrate concerned.
(xi)
When cognizable offences are committed in the vicinity of the railway,
but such offences are not required to be investigated by the railway police
under these rules, they shall to the utmost of their ability and without
neglecting their more immediate duties, use every endeavour to arrest the
offender and to assist the district police.
(xii)
Whenever cognizable crime on the railway is specially prevalent in a
particular locality, the Assistant Inspector-General of Railway police may call
on the Superintendent of Police concerned to co-operate with him in checking
it. In such circumstances the Superintendent of Police concerned shall make
such dispositions as, after a study of the situation, may be agreed upon by
himself and the Assistant Inspector-General Railway Police, to be most
suitable. If the section of line affected extends beyond the limits of one district,
concerted preventive measures shall be instituted after a conference of
police officers representing all the
areas concerned.
(xiii)
One or more literate railway police officers of or above the rank of
constable shall accompany each passenger train. These officers shall wear
uniform throughout their period of duty.
They shall maintain a “Train Diary” in which will be recorded information
connected with cognizable offences
movements of bad characters and suspects and such other matters as may be
prescribed. District police stations
shall, as far as possible, depute one or more constables in plain clothes to
railway stations within the area of their jurisdiction to watch for the arrival
or departure by the railway of known criminals
or suspicious characters. Such constables shall exchange information
with the railway police officers travelling in passenger trains. Information
received by this means shall be communicated at the earliest opportunity by the
constables concerned to their officers in charge of police stations. If the
travelling railway police officer is unable to find the district plain clothes
constable during the halt of his train, he shall either make over a written
message tot he station master and request him to have it delivered or in cases
of urgency, he may himself alight and take the message to the district police
station.
(xiv)
Doubtful cases and disputes as to jurisdiction in the case of railway
police stations are governed by rule 25.5. The police station receiving a
report of a cognizable offence shall record it, according to those rules. Delay
in registration and investigation
pending the settlement of jurisdiction is expressly forbidden.
28.11. Special training of Railway
Police.—The railway police shall be trained in accordance with the principles
and methods laid down in Chapter XIX. The application of these principles shall
have special reference to the requirements of railway police work.
Upper subordinates and educated lower subordinates shall be passed in rotation
courses of instruction in the Central Investigating Agency. In the Headquarters lines school special
instruction shall be given in the elements of booking and checking goods and
the principles of train working, and the methods of criminals who habitually
operate on railways.
28.12. Special arrangement for heary
passenger traffic.—On the occasion of fairs and other assemblies creating
unusually heavy traffic on a railway, the railway police shall under the
instructions and with the approval of the railway authorities, arrange to admit
to the railway station for each train only so may passengers as can be
accommodated.
TOWN AND CANTONMENT POLICE SPECIAL RULES
28.13. Fixing beats system.—(1) In each town
and cantonment for which a watch and ward staff is sanctioned, detailed
statements shall be prepared of all day and night beats, patrols and traffic
points to be furnished by the strength as calculated according to sub-rule (2)
below. To illustrate each statement, a map shall be prepared to a suitable
scale showing the boundaries of each beat, patrol area, & C., and the
principal roads, lanes and important buildings included therein. Beats etc.,
shall be grouped according to the police station or post furnishing them, and
within each group each beat, etc., shall be given a serial number. The strength
of each beat and patrol shall be fixed according to the conditions of the
locality.
(2)
The length and size of each beat, etc., shall be regulated by the locality, the
status and character of the residents, incidence of crime and other local
conditions. In thickly populated areas of narrow lanes and intersecting roads,
both beats and patrol areas shall be sufficiently small to permit of no part
being left unobserved long enough for a burglar to effect an entry, collect his
spoils and make good his escape. In residential and commercial areas, where
buildings are comparatively widely separated and roads are long and broad the
organization of police supervision should be such that, while all parts of a
beat and patrol area cannot be under constant observation, the moment at which
any particular spot within that area may be watched shall be uncertain. With
this object in view both beat constables and supervising patrols in such areas
shall be provided with bicycles, as far as funds permit. For such purposes
their bicycles shall be used (a) to convey the beat staff rapidly and silently
from one part o0f their area to another, being then deposited in some
convenient place while the police patrol on foot in a particular neighborhood
(b) for the pursuit of criminals or suspicious persons.
(3)
Patrols are of two kinds, (a) patrols under head constables or superior
officers for the supervision of beats, (b) patrols outside the area of fixed
beats for the protection of special buildings or areas or for the interception
of criminals and suspicious persons coming to or from the town or cantonment.
28.14. Division of town police.—When
necessary, the town or cantonment shall be divided into divisions distinguished
by a letter of the alphabet each division being in charge of a divisional
officer of, or above, the rank of head constable, whose responsibilities and
duties shall be explicitly stated in the standing orders. Each divisional
officer shall, if possible, visit every beat in his division at least once
during the day and night.
28..15. Section of divisions.—The point and
beat staff of a division shall be subdivided into sections when necessary, each
section being in charge of a section officer of the rank of head constable
whose duties and responsibilities shall likewise be explicitly stated.
28.16. Hours of duty of constables.—(1) The
hours of night and day beat duty shall be exactly stated and adapted to the
seasons of they year.
(2)
Day duties and beats shali be reduced, as far as possible, after provision has
been made for general protection, the regulation of traffic and the prevention
of nuisances.
(3)
Except in cases of emergency no policeman shall be employed continuously on
point or beat duty for more than 5 hours or more than 8 on 24 hours, and shall
be given at least one complete night off duty in each week.
28.17. The beat book.—A beat book shall be
prepared for each town and cantonment in which shall be recorded the dimensions
of each night and day beat with the names of the principles streets and lanes
within its limits. Public buildings of importance series, lodging-houses of
ill-fame, liquor and drug shops, and all places needing special attention
situated within the beat, shall be shown in the beat book, and beat constables
shall be specially instructed regarding their responsibility in connection with
them.
(a)
Traffic beats.—These beats shall normally consist of two constables,
working within sight and signaling distance of each other, but sufficiently far
apart for one constable to move out into the center of the road and stop a
vehicles, which the other constable has signaled to him to intercept.
(b)
Patrols.—Sergeants, head constables or constables, shall be employed to
watch from the footpath or side of the road at particular points, or along
particular stretches of road, with a view to checking contraventions of the
rules framed by Government under the Motor Vehicles Act, and all other traffic
rules, local or general. Police Officers so employed shall ordinarily content
themselves in the case of motor vehicles, with nothing the number of an
offending vehicle. They shall endeavour to stop and take particulars of
offending vehicles other than motor vehicles and, if circumstances permit their
stepping into the middle of the road sufficiently far ahead of a motor vehicle
to give the driver thereof a clear signal to stop, they may do so, but, in no
circumstances shall any attempt be made to direct traffic by means of signals
given from the side of the road. Notes
taken by patrols working under this rule shall be reported on return to the
police station concerned, and subsequent action for the issue of formal
warnings or for prosecution shall be
taken under the orders of the Superintendent of Police. Traffic points, beats
and patrols shall be closely supervised by head constables and, where
available, sergeants mounted on cycles.
(2)
on occasions such as fairs, public ceremonies, race-meetings and the like, when
traffic is heavily congested on particular roads for a limited period, special
police arrangements shall be made in accordance with the circumstances of each
case, lines of constables being posted if necessary to direct different classes
of traffic into different streams or along particular routes. On such occasions
full use shall be made of special direction posts; notices in the Press and
other methods of informing the public of the regulations to be observed.
(3) All
police officers on beat or patrol duty shall act according to the principles
prescribed for traffic patrols in sub-rule (1) above in connection with
contraventions of traffic regulations occurring within their view.
(4) Vehicles
shall not be stopped for interrogation at cross roads or in a manner liable to
interfere with the free flow of other traffic. When it is necessary to examine
licences, and make enquiries the driver concerned shall be directed to move his
vehicles, to a position indicated by the
police officer, where other traffic will not be impeded. Checking of permits and
tokens, registration numbers correctness of lighting equipment, etc., can be
done to a great extent when vehicles are standing in parks.
(5) In
exercise of the powers conferred on them by section 31 of the Police Act,
police officers on traffic duty shall require pedestrians to keep to the footpaths,
or, where such do not exist, to the side of the road and shall prevent them
from causing obstruction and danger to other classes of traffic.
(6) Police
officers on traffic duty are required to have a thorough knowledge of the
neithbourhood and to be able to direct enquirers by the appropriate route to
any area in that neithbourhood, or to important points such as railway
stations, post offices and other principal public buildings. Police Officers on
such duty must on no account whatever allow themselves to be provoked into
losing control of their tempers, or into the use of discourteous language. They
must remain firm but police at all times, and , while answering reasonable
enquiries clearly and concisely, shall abstain from argument of all sorts and
shall be on their guard against being distracted from attention to their duty
by becoming involved in conversation.
28.19. Parking of vehicles.—(1) The rules
farmed under the Motor Vehicles Act and Section
31 of the Police Act, supplemented in many cases by local bye-laws
provide power to prevent vehicles of all classes from loitering, standing, or
being left unattended in any public place to the obstruction or inconvenience
of the public. To ensure observance of these regulations, the Superintendent of
Police is authorizes, with the approval of the District Magistrate , to require
the active assistance of local authorities in providing stands at suitable
places, at which hackney carriages and public motor vehicles may wait for
hirers, and parking spaces for private vehicles in congested business areas and
in the neighbourhood of places of public resort. The regulation of public motor
vehicle and hackney carriage stands is provided for by rules framed under the
Motor Vehicles and Hackney Carriage Acts.
(2) Arrangements for parking private motor
vehicles must be accommodated to the circumstances of the place or occasion and
the dimension of, and nature of approaches to, the available parking space. The
following general rules shall, now-ever, be observed,---
(a)
Separate parks shall be arranged for motor and horse-drawn vehicles.
(b)
In parks for motor vehicles, unattended vehicles shall be parked
separately from those with attendants, and special arrangements shall be made
for the former to be watched to prevent pilferage or wanton damage.
(c)
Strict control shall be exercised over entry and departure of vehicles to
and from parks, and sufficient police shall be provided to ensure this and to
prevent blocks and disorder.
(d)
Whenever possible, separate arrival and departure routes shall be
prescribed for motor and hors-drawn vehicles, respectively or they shall be
kept in separate streams.
(e)
Whenever possible, the entrances and exists of a park shall be separate
and, where congestion is liable to occur owing
to arrivals and departures taking place simultaneously, departing
vehicles shall not be allowed to cross those arriving.
(f)
For parking at night, at balls, cinema theatres etc, it is advisable to enforce the duplicate
ticket system described in sub-rule(4) below.
(3) For
state occasions and important public functions special additional arrangements
are necessary in order to secure the rapid and orderly evacuation of parks. In
addition to the sub-divisions of parks prescribed in sub-rule(2) above, space
must be set aside(a) for the carriages or motor cars of Their Excellencies the
Viceroy, the Commander-in-Chief and the Governor if attending the function, and
such other vehicles as are required to arrive and depart with them, (b) for the
vehicle of Indian Ruling Chiefs and such staff as is required to arrive and
depart with them. This park must be arranged in the order of departure of the
Chiefs, which is invariably the exact reverse of the order of arrival, (c) for
a special park for the vehicles of those high officials to whom, under general
or special orders, “special park” labels have been issued in advance,
conferring the privilege of arriving after and leaving before the general
public. No vehicle shall be allowed to leave the general parks, till all
vehicles in categories (a), (b) and (c) above have been cleaned.
(4) On
all occasions of the nature referred to in sub-rule(3) above, parking
arrangements shall be carefully worked out well in advance; on occasions of
major importance the arrangement made shall be fully rehearsed. On such
occasions it is essential to arrange adequate arrival and departure platforms
where a number of vehicle can set down and take up passengers simultaneously.
The practice, which is permissible on informal occasions, of allowing the
public to find their own vehicles in the parks, should not be followed, but
numbered tickets in duplicate should be issued on arrival to the owners and
drivers of vehicles. The vehicles shall be parked according to these numbers,
and called up by the police officers at the departure platforms as the
duplicate number tickets are handed to them, owners of unattended vehicles
being allowed to fetch their vehicles from the park allotted to them to the
departure platform to pick up their passengers.
28.20. Supervision of guards, beats and
patrols.—(1) Standing orders for beat, point and patrol duties, and for all
guards, shall be framed for each city and cantonment and shall be approved and
countersigned by the Deputy Inspector-General Such standing orders shall
include directions for inter-communication between patrols beats, etc. and for
checking the movement of men those on duties. Permanent changes in the system
so approved shall not be made without the sanction of the Deputy
Inspector-General, and minor changes made shall be submitted to that officer
for approval at his inspections. English and vernacular copies or abstracts of the standing orders shall be
supplied to the police stations, guards and posts concerned, and shall be kept up
to date.
(2) Inspectors
in charge of cities and cantonments shall go the rounds of guards, beats,
points and patrols at least once by day and once by night in each week, they
should vary the times and route of their rounds and should make their night
rounds as often in the second as in the first half of the night. Assistant and
Deputy Superintendents shall go the rounds on the same principle at such
intervals as the Superintendent may direct, subject to the rule that the city
and cantonment at the headquarters of the district shall each be patrolled by a
gazetted officer not less than once by day and once by night in each month.
Cities and cantonments away from the headquarters of the district shall be
similarly visited by day and night by the gazetted officer or inspector in
charge at such intervals as the Superintendent may direct. In districts where
there are several Assistant or Deputy Superintendents posted at headquarters,
all shall share the duties prescribed in this rule.
Note:-- The rounds prescribed above
shall in Lahore include the Government House Guard.
(3) Superintendents
shall satisfy themselves that the orders contained in the above rules are
properly-complied with and Deputy Inspectors-General shall pay attention to the
matter at their inspections.
28.21. Reports of sales of arms and
ammunition.—(1) Licensed dealers in arms and ammunition are required to report
sales to the Superintendent of Police. When sales to residents of other
district are so reported, the information shall be communicated to the
Superintendent of Police of the district concerned if that district is in the
Punjab or in any province other than
those specified below.
(2) Reports
referred to in sub-rule(1) above shall be communicated, in the case of the
towns of Madras, Bombay, Calcutta and Rangoon to the Commissioner of Police and
in the case of districts in Bengal and Madras to the District Magistrates.
28.22. Duties of police in connection with
outbreaks of fire.--- (1) It is the duty
of every police officer, on discovering or receiving information of an outbreak
of fire on or near his or patrol area,
to give the alarm immediately (a) to the inmates of the premises on fire, (b)
to the fire brigade, (c) to the nearest police station. Any police officer,
even though not actullay on duty as above shall, on becoming aware of an
outbreak of fire, take the same action, if no beat or patrol officer is present
and able to do so.
(2) In addition to giving the
alarm, it is the duty of the police to save people if danger at the scene of
the fire; to protest the premises and adjoining premises from looting; to
arrange for property removed from buildings in the neighbourhood of fire be
places under protection in place where it will not impede the operations of the
fire brigade, and to assist in the removal of such property when asked to do so
by the owner; to prevent access to the burning building and neighbouring
buildings by unauthorized persons and to keep way clear for the arrival of the
fire brigade and space for its operations. The police are also required, in
places where there is a piped water supply, to inform municipal or other
official in charge of such supply of the locality of the fire, so that pressure
may be arranged accordingly, and to keep clear of crowds the way from all
neighbouring fire hydrants to the site of the fire. Where there is no piped
water supply, the police shall, pending the arrival of the fire brigade, take
such steps as are possible to arrange for a supply of water.
Note. – Municipal committees are
required to furnish to Superintendent of Police of the position of water mains
and fire hydrants and of places where the keys of mains are kept both day and
night.
(3)Pending the arrival of the
fire brigade, the police shall do what is possible to extinguish the fire and
prevent it from spreading. In serious cases the senior police officer present
shall communicate information to the City Magistrate or other Magistrate having
jurisdiction and shall arrange, for the attendance of a doctor or ambulance.
(4)
On arrival of the fire brigade the police shall assist its operations by
controlling crowds, preventing obstruction salvage property. After the
departure of the fire brigade, police shall remain on the spot till all danger
of recrudescence has passed, and untill all crowes have dispersed.
28.23. Fire Brigade. -- (1) The duties of fire brigade are laid down
in Ministry of Education notification No 15291, published in the Punjab
Government Gazzette of 26th June 1925. It is appoint a fire officer
to exersice general control of the operations of the operations for
extinguishing fires, and no other person is authorise to exercise such control
when such officer id present. The fire officer will ordinarily be the
Superintendent of Police or a senior Magistrate.
(2)Where a trained fire brigade
exists, in independently of the police, the work of fire fighting and salvage
shall be left entirely to such brigade once it has reached the scene of fire.
In such cases the police are not
concerned with the handling or upkeep of fire appliances.
(3)In places where a separate fire brigade does not exist, the care and
manipulation of fire engines and appliances supplied by the municipal committee
may be undertake by the police, with the prior sanction in each case of the
Inspector General of Police, with will also decide in conformity with the
instructions of the local Government, what additional police establishment, if
any, shall be entertained at the cost of the committee. In such cases the
Superintendent of Police shall be responsible for the training and discipline of
the police officers employed on fire brigade duties, and rules for their duties
and shall be framed, with the approval of the District Magistrate and the
municipal committee concerned, and conforming, as far as possible, to the rules
referred to in sub-rule (1) above.
28.24 . Fairs. – (1) Relevant
extracts the list of fairs appended to Punjab Consolidated Circulars 41, duly
corrected up to date, shall be hung up in the officers of Superintendent of
Police and of the police stations concerned. To supplement the general orders
contained in this rule a special file shall be maintained in each district
regarding the police arrangements of each of fair of importance.
(2) The authority charge with the
management of each fair is required to give timely notice to the Superintendent
of Police of the nature and extent of the duties for which police will be
required on receipt of this information the Superintendent of Police shall
arrange to provide the number of police which he considers necessary. District
Boards and other authorities managing fairs are required to pay, from the fees
levied from people attending the fair, the extra cost entailed by concentrating
police entertaining extra-chowkidars, and making suitable arrangements for the
accommodation of the police both on and off duty at the fair, but should not be
charged with actual pay and allowances of the police so employed.
(3) In addition to their normal
duties of maintaining law and order, preventing and detecting crime and controlling traffic, the police on
duty at fairs are required to enforce the sanitary regulations prescribed and
to assist and support the sanitary and medical staff. In making their
arrangements Superintendent of Police should provide men for this duty. All
deaths occurring in their outside the hospital (if any) shall be reported to
the medical officer in charge at the Superintendent of Police.
(4) The officer in charge of the
local police station or, if of or above the rank of sub-inspector, the officer
in command of the police specially detailed for duty at the fair shall submit a
daily report to the Superintendent, showing the approximate number of persons
attending the fair, the crime reported, state of public at the fair and any
other matters of interest.
28.25. Town watchman. - - In certain
municipal towns the police establishment is wholly, or in part, a body of town
watchmen, controlled by the Superintendent subject to the general supervision
of the District Magistrate. The rules regarding their appointment, promotion,
dismissal, powers and duties are given in Appendix 28.25. The directions in
rule 28.20 shall, so far as possible, apply to town watchmen.
APPENDIX No. 28-6
RAILWAY DEPARTMENT
(RAILWAY BOARD)
NOTIFICATION
New
Delhi, the 19th March, 1930.
No.
1926-T. – In exercise of the powers conferred by the Notification of the
Government of India in the Department of Commerce and Industry, No. 801, dated
the 24th March, 1905, and in pursuance of Section 84 of the Indian
Railways Act, 1890 (IX of 1890), the Railway Board are pleased, in supersession
of the rules published with their notification No. 120-T. – 18, dated the 21st
March, 1923 to make the following rules, namely:---
Notice
1.
The notices mentioned in section 83 of the Indian Railways Act, 1890
(herein-after in these Rules refer-IX of 1890 read to as “the Act”) shall
contain the following particulars namely:---
mileage, or station or both, at which the accident occurred;
time and date of the accident;
number and description of train or trains;
nature of the accident;
number of people killed or injured, as far as known;
cause of the accident, as far as known;
probable detention of traffic.
2.
When any accident such as is described in section 83 of the Act occurs in
the course of working a railway, the station – master, the nearest to the place
at which the accident has occurred or, where there is no Station-master, the
railway servant in charge of the section of the railway on which the accident
has occurred, shall given notice of the accident by telegraph to the Government
Inspector, the District Magistrate and the District Superintendent of Police of
the district in which the accident has occurred or such other, Magistrate or
Police Officer as may be appointed in this behalf by the Local Government, to
the Superintendent of Railway Police and to the officer-in-charge of the
police-station within the local limits of which it has occurred.
Explanation. – For the purposes
of this rule accidents of a description usually attended with loss of human
life are meant to include all accidents to passenger trains such, for example,
as slight collisions derailments, train-wrecking or attempted train-wrecking,
cases of running over obstructions placed on the line, of passengers failing
out of trains or of fires in trains, in which no loss of life, or grievous hurt
as defined in the Indian Penal Code, or serious injury to property has actually
occurred, but which by the nature of the accident might reasonably have been
expected to occur; also cases of landslides, or of breaches by rain or flood
which causes the interruption of any important through line of communication
for at 24 hours.
3.
The notice of accidents required by section 83 of the Act to be sent
without unnecessary delay by the Railway Administration to the Local Government
shall be sent as follows:---
(a)
By telegram in the case of,---
(i) accidents deemed under the Explanation to Rule 6 to be
serious by reason of loss of human life;
(ii)
accidents by reason of which the permanent way is likely to be blocked
for more than 12 hours; and
(iii)
cases of supposed train-wrecking or attempted train wrecking; and
(b) By
letter in all other cases.
Duties
of railway servants.
4.
Every railway servant shall report , with as little delay as possible,
every accident occurring in the course of working the railway on which he is
employed which may come to his notice. Such report shall be made to the nearest
Station-master, or, where there is no Station-master, to the railway servant in
charge of the section of the railway on which the accident has occurred.
5.
The Station-master, or the railway servant in charge of the section,
shall report the accident in accordance with the detailed rules laid down by
the railway concerned for the reporting of accidents.
Duties
of District Traffic Officers.
6.
Whenever a serious accident occurs, the District Traffic Superintendent
concerned shall supply by telegraph to the press soon after the accident as
possible brief particulars, as far as these are available as prescribed in rule
1 supplementary telegrams, if necessary, being despatched immediately further
information is available. A copy shall be sent simultaneously be “Express”
telegram to the Railway Board and the Government Inspector. In stating the
cause of the accident the District Traffic Superintendent shall avoid making
any statement the correctness of which may subsequently be questioned.
Explanation. – For the purposes
of this rule every accident to a train (whether carrying passengers or not)
which is attended with loss of human life or with grievous hurt as defined in
the Indian Penal Code, or with serious injury to property, which is roughly
estimated to cost, say, Rs. 10,000 or over, also every accident, such as a
landslide, beach by rain or flood, derailment, etc., which causes the
interruption of any important through line of communication for at least 24
hours shall be deemed to be a serious accident. For the purposes of this rule
cases of tresspassers run over and injured or killed through their own
carelessness or of passengers injured or killed through their own carelessness
shall not be deemed to be serious accidents.
Duties of the Government Inspector
appointed under Section 4 sub-section (1) of the Indian Railways Act, 1890 (IX
of 1890).
7.
(1) Whenever the Government Inspector receives notice under section 83 of
the Act of the occurrence of an accident which he considers of a sufficiently
serious nature to justify such a course he shall, as soon as may be, notify the
railway Board and the Agent or Manager of the railway concerned, of his
intention to hold an enquiry and shall at the same time fix and communicate the
date, time and place for the enquiry.
(2) For the purpose of this rule every accident to a train
carrying passengers which is attended with loss of human life or with serious
injury to persons, or to property of the value of approximately Rs. 10,000 or
upwards, and any other accidents which, in the opinion of the Government
Inspector, requires the holding of an enquiry, shall be deemed to be an
accident of a sufficiently serious nature to require the holding of an enquiry.
(3) When an accident, requiring the holding of an enquiry occurs
at a station where the charges of two or more Government Inspector meet, the
duty of complying with this rule shall devolve on the Government Inspector
within whose jurisdiction lies the railway working the station which is the
scene of the accident.
(4) If, for any reason, the Government
Inspector is unable to hold an enquiry, at an early date, after the occurrence
of such an accident, the Agent or the Manager of the Railway concerned shall,
on request by the Government Inspector, forward to him, with as little delay as
possible, the proceedings of the joint enquiry which has been made under Rule
18. The Government Inspector shall advise the Railway Board of the reason why
an enquiry has not been held by himself. If the Government Inspector, after
examination of the joint enquiry proceedings, considers that an enquiry should
be held by himself, be shall, as soon as possible, notify the Railway Board and
the Agent or Manager of the Railway concerned, of his intention to hold an
enquiry and shall at the same time fix and communicate the date, time and place
for the enquiry.
8.
Whenever the Government Inspector has made an enquiry under Rule 7, or
when he disagrees with, or considers it necessary adversely to criticise the
report of the joint or department enquiry or the working of the railway, he
shall submit a report in writing to the Railway Board and, in the case of a
railway under the control of a Local Government or Administration, to such
Local Government or Administration also; and shall forward a copy of such
report to the Agent or Manager of the railway concerned, and, if a magisterial
enquiry is being made, to the Magistrate who is making such enquiry.
9.
(1) In the case of all accidents of the nature described in sub-rule (2)
of rule 7, preliminary brief narrative report shall be submitted by the
Government Inspector to the Railway Board immediately after the completion of
his enquiry. This report shall not contain any reference to persons implicated.
The report, referred to in rule 8, shall be submitted in the form adopted by
the Inspecting Officers of the Board of Trades and shall contain,---
(a)
a brief description of the accident;
(b)
a description of the locality of the accisent;
(c)
a detailed statement of the evidence taken;
(d)
the conclusion arrived at;
(e)
an appendix stating the damage done,
(f)
(when necessary) a sketch illustrative of the accident.
(2) Reports, in connection with accidents which, although coming
under section 83 of the Act, are not accidents of the nature described in
sub-rule (2) of rule 7, will be submitted to Railway Board only if, in the
opinion of the Government Inspector, they contain features of special
importance or requiring special notice. When the Government Inspector recommends
the publication of such a report, it shall be in the form adopted by the
Inspecting Officers of the Board of Trade when not recommended for publication,
it may be in the form of a letter explaining as briefly as possible, the
special features which the Government Inspector desires to bring to notice.
10.
If the Agent or Manager makes any remarks on the Government Inspector’s
report under 16 and 17 or expresses an intention to do so, the Government
Inspector shall inform the Railway Board and the Local government or
Administration controlling the Railway, of the steps which have been or are
proposed to be taken by the Railway administration to prevent a recurrence of
similar accident, and whether in his opinion, further action in the matter is
desirable.
11.
The Government Inspector shall, as far as possible, assist any Magistrate
making an enquiry under rule 22 or a judicial enquiry, whenever he may be
called upon to so do.
12.
Nothing in these rules shall be deemed to limit or otherwise affect the
exercise of any of the powers conferred on Government Inspectors by section 5
of the Act.
Duties
of the Agent or Manager, and of the Head of the Department concerned.
13.
Whenever any accident has occurred
in the course of working a Railway, the Agent or Manager shall give all
reasonable aid to the District Magistrate or the Magistrate appointed or
deputed under rule 22, and to the Government Inspector, Medical Officers, the
police, and others concerned to enable them promptly to reach the scene of the
accident, and shall assist those authorities in making enquiries and in
obtaining evidence as to the cause of the accident.
14.
Whenever any accident occurring in the course of working a railway, has
been attended with grievous hurt, as defined in the Indian Penal Code, it shall
be the duty of the Agent or Manager to afford medical aid to the sufferers, and
to see that they are properly and carefully attended to till removed to their
home or handed over to the care of their relatives or friends. In any such
case, or in any case in which any loss of human life or grievous hurt, as
defined in the Indian Penal Code, has occurred, the nearest local medical
officer should be communicated with, if he is nearer than any railway medical
officer.
15.
When any enquiry, under rule 7 or rule 22, or any judicial enquiry is
being made, the Agent or Manager shall arrange for the attendance, as long as
may be necessary, at the office or place of enquiry, of all railway servants
whose evidence is likely to be required. If the enquiry is to be held by the Government
Inspector under rule 7, the Agent or Manager shall cause notice of the date,
hour and place at which the enquiry will begin to be the officers mentioned in
clauses (a) and (c) of rule 19. He shall also arrange for the attendance of the
District Officers at the enquiry.
16.
Whenever the Agent or Manager receives a copy of the Government Inspector’s
report under rule 8 he shall at once acknowledge its receipt. If he differs
from the views expressed in the report, he shall at the same time submit his
remarks thereon, or, if be is not immediately able to do so, he shall, in his
acknowledgement of the report, inform the Government Inspector of his intention
to submit his remarks later. If the Agent or Manager desires to prosecute any
person or persons, he shall immediately forward a copy of the report together
with a statement of the persons he wishes to prosecute, to the District
Magistrate of the district in which the accident occurred, or to such other
officer, as the Local Government may appoint in this behalf.
17.
Whenever the report of the Government Inspector point to the necessity
for or suggests a change in any of the rules or in the system of working, the
Agent or Manager shall, when acknowledging the report, intimate the action
which has been taken, or which it is proposed to take, to prevent a recurrence
of similar accidents, or shall inform the Government Inspector of his intention
to report further on the Government Inspector’s proposals.
18.
(1) Whenever an accident, such as is described in section 83 of the Act,
has occurred in the course of working a Railway, the Agent or Manager shall
cause an enquiry to be promptly made by a committee of Railway Officers (to be
called a “joint enquiry”) for the through investigation of the causes which led
to the accident:---
Provided that such enquiry may be dispensed
with,---
(a)
if any enquiry is to be held by the Government Inspector under rule 7;
(b)
if the accident has not been attended with loss of human life, or with
grievous hurt as defined in the Indian Penal Code, or with serious injury to
property or;
(c)
if there is no reasonable doubt as to cause of the accident; or
(d)
if one department of the railway intimates that it accepts all
responsibility in the matter.
(2) Where such enquiry is dispensed with, it
shall be the duty of the head of the department of the railway responsible for
the accident to make such enquiry (to be called a “departmental enquiry”) as he
may consider necessary, and if his staff or the system of working is at fault,
to adopt or suggest such measures as he may consider expedient for preventing a
recurrence of similar accidents.
19. (1) Whenever a joint enquiry is to be
made, the Agent or Manager shall cause notice of the date and hour, at which
the enquiry will commence, to be given to the following officers, namely:---
(a)
the District Magistrate of the district in which the accident occurred,
or such other officers as the Local
Government may appoint in this behalf, the Superintendent of Railway Police and
the District Superintendent of Police;
(b)
the Government Inspector for the section of he railway on which the
accident occurred; and
(c)
the officer-in-chare of the Railway police, or if there are no Railway
police, the officer-in-charge of the police-station in the jurisdiction of
which the accident occurred.
(3)
The date and hour at which the enquiry will commence shall be fixed, so
as to
give
the officers mentioned in sub-rule (1) sufficient time to reach the
palace where the enquiry is to be held.
20. (1) AS soon as any joint or departmental
enquiry has completed, the President of the Committee or the head of the
department, as the case may be, shall send to the Agent or Manager a report
which in the case of all accidents of the nature described in the explanation
to rule 6 must be submitted in the form prescribed by sub-rule (1) of rule 90.
(2)
The Agent or Manager shall forward, with his remarks as to the action it is
intended to take in regard to the staff responsible for the accident or for the
revision of the rules of the system of working a copy of such report,---
(a)
to the Government Inspector for the section of the railway on which the
accident occurred;
(b)
if no enquiry or investigation has been made under rule 22 or if a joint
or departmental enquiry has been held first, to the Magistrate or officer appointed
under clause (a) of sub-rule (1) of rule 19; and
(c)
if any judicial enquiry is being made, to the Magistrate making such
enquiry.
(4)
Such copy shall be accompanied in the case referred to in clause (b) of
sub-rule (2), by a statement of the persons, if any, whom the Agent or Manager
desire to prosecute, and in the case referred to in clause (c) of the same
sub-rule, by a copy of the evidence taken at the enquiry.
21. A copy of report of inquiries held on
accidents not of the nature specified in section 83 of the Act, such as averted
collisions, technical accidents, or breaches of block rules, shall be forwarded
to the Government Inspector for the section of the Railway on which the
accident occurred.
Duties
of Magistrates.
22. Whenever an accident, such as is
described in section 83 of the Act, has occurred in the course of working a
Railway the District Magistrate, or any other Magistrate, who may be appointed
in this behalf by the Local Government, may, either,---
(a)
himself make an enquiry into the causes which led to the accident; or
(b)
depute a subordinate Magistrate, who, if possible, should be a Magistrate
of the first class, to make such an enquiry; or
(c)
direct an investigation into the causes which le to the accident to be
made by the police.
23.
Whenever it is decided to make an enquiry under clause (a) or clause (b)
of rule 22, the District Magistrate or other Magistrate appointed as aforesaid
or the Magistrate deputed under clause (b) of rule 22, as the case may be,
shall proceed to the scene of the accident and conduct the enquiry there, and
shall at once advise the Agent or Manager of the railway and the Government
Inspector by telegraph of the date and hour at which the enquiry will commence,
so as to enable the railway administration to summon the requisite expert
evidence.
24. A Magistrate, making an enquiry under
rule 22, may summon any railway servant, and any other person whose presence he
may think necessary, and, after taking the evidence and completing the enquiry,
shall if he considers there are sufficient ground for a judicial enquiry, take
the requisite steps for bringing to trial any person whom he may consider to be
criminally liable for the accident. Whenever technical points are involved, the
Magistrate should call for the opinion of the Government Inspector or other
professional persons.
25. The
result of every enquiry or investigation made under rule 22 shall be
communicated by the Magistrate tot he Agent or Manager of the Railway and to
the Government Inspector.
26. If in the course of any judicial
enquiry, into an accident occurring in the course of work a Railway, the
Magistrate desires the Assistance of the Government Inspector or of the Agent
Manager of the Railway, or the attendance of any officer of the railway, to
explain any matter relating to railway supervision, management or working he
issue a requisition to the Agent or Manager for the attendance at court of an
officer competent to explain such matter, starting at the same time the nature
of the assistance required. In summoning Railway servants, the Mgistrate will
take care not to summon so large a number of the employees, especially of one
calss or the same day, as to cause
inconvenience to the working of the Railway. In the case of very serious
accidents it will generally be advisable for the Magistrate to obtain a report,
form both the Government Inspector and the Agent or Manager of the Railway, in
regard to the accident, before finally concluding the judicial inquiry.
27. On the conclusion of any such
judicial enquiry the Magistrate shall send a copy of his decision to the Agent
or Manager of the Railway, and to the Government Inspector, and shall, unless
in any case he thinks it unnecessary to dos so, report the result of the
enquiry to the Local Government.
28. (1) The Railway police may make an investigation in to the causes
which lead to any accident occurring in the course of working a Railway and
shall do so,---
(a)
whenever any such accident is attended with loss of human life, or with
grievous hurt as defined in the Indian Penal Code, or with serious injury to
property or has prima facie been due to any criminal act or omission; or
(b)
whenever the District Magistrate or the Magistrate appointed under rule
22 has given a direction under clause (c) of that rule.
Providing that no such investigation shall be
made when an enquiry has been commenced or ordered under clause (a) or clause
(b) of rule 22.
(3)
The Railway police shall report, with little delay as possible, to the
nearest station-master or , where there is no Station-Master, to the Railway
servant in charge of the section of the Railway on which the accident has
occurred, every accident which the Section of the Railway on which the accident
has occurred, every accident which may come to their notice occurring in the
course of working a Railway attended with loss of human life, or with grievous
hurt as defined in the Indian Penal Code, or with serious injury to property,
or which has prima facie been due to any criminal act or omission.
29. (1) Whenever
an investigation is to be made by the Railway police,---
(a)
in a case in which an accident is attended with loss of human life or
with grievous hurt as defined in the Indian Penal Code, or with serious injury
to property; or
(b)
in pursuance of direction given under clause (c) of rule 22, the investigation
shall be conducted by the officer-in-charge of the Railway police or, if that
officer should be unable to conduct the investigation himself, then by an
officer to be deputed by him.
(2)The officer deputed under sub-rule (1)
shall ordinarily be the senior officer available, and shall whenever possible
be a gazetted officer, and shall in no case be of rank lower than that of
Inspector:
Provided that the investigation may be
carried out by an officer-in-charge of a police station,---
(i). In such a case as is referred to in clause(a) of sub-rule (1)
unless loss of life or grievous hurt has been caused to more persons than one
or injury to property has been caused to
a value exceeding Rs. 10, 000, or there is a reason to suspect that any servant
of the Railway has been guilty of neglect of rules, or.
(ii)
in the case referred to clause (b) of sub-rule(1) if the District
Magistrate so directs.
30. The
officer who is to conduct an investigation in pursuance of rule 29 shall
proceed without delay to the scene of the accident and conduct the
investigation there and shall at once advise the Agent or Manager of the
Railway and the Traffic Officer of the district by telegraph of the date and
hour at which the investigation will commence so that, if possible, the presence
of a Railway official may be arranged for to watch the proceedings and to aid
the officer making the investigation. The absence of a Railway official must
no, however, be allowed to delay the investigation, which should be made as
soon as possible after the accident has taken place.
31. (1). In
every case to which rule 29 applies, immediate information shall be given by
the Railway police to the district police, who, if so required shall afford all
necessary assistance and shall if occasion arises, carry the investigation
beyond the limits of the Railway premises. But the Railway police are primarily
entrusted with the duty of carrying on the investigation within such limits.
(3)
Subject to any provisions elsewhere contained in these rules, the further
prosecution of the case on the conclusion of the police investigation shall
rest with the Railway police.
32.
The result of every police investigation shall be reported at once to the
District Magistrate or other officer appointed in this behalf by the Local Government
or the Agent or Manager of the Railway or other office appointed by him, and to
the Government Inspector.
33.
Where there are no Railway police, the duties imposed by rules 28, 29 and
30, sub-rule (2) of rule31, and rule 32 on the Railway police, or on the
officer-in-charge of the Railway police, shall be discharge d by the District
police or by the District Superintendent of Police, as the case may be.
J.F.BLACK WOOD
Secretary, Railway Board
APPENDIX NO. 28.25.
Notification No. 96, dated 27th
July, 1888
Now Act III of 1911.+ ( Not Printed)—Upper
the provisions of section 154 (o) of the Punjab Municipal Act 1884, the Hon’able
the Lieutenant-Governor is pleased to make the following rules for the
appointment, promotion and dismissal of town watchman in the municipalities
specified in the schedule here to annexed.
The
following directions regarding the duties of such town watchmen have also been
framed by the Lieutenant-Governor under the Provisions of section 76 (1) (c) of
the same enactment.
The
rules and directions will have effect form the date of the publication of this
notification in the Gazette,---
The rules regarding the appointment
, promotion and dismissal of town watchmen.
+Now Act III of 1911—When the police
establishment maintained under Chapter V, Act XIII of 1884 is wholly or in part
a body of watchmen, such watchmen shall be under the orders of the
Superintendent of Police, subject to the general control of the District
Magistrate.
2. (a) The appointment and promotion
of town watchmen shall rest with the Superintendent of Police and the rule
sanctioned by Government for appointment and promotion of enrolled policemen,
as given in the Police Rules, shall be applied so far as the Magistrate of the
district shall deem necessary for the efficiency of the said watchmen.
(c)
The Superintendent of Police may at any time dismiss, suspend, or reduce
any town watchman whom he may the Municipal Committee by resolution may approve
of and nominate, and appointments shall be made form such candidates if fit for
the duty, if not fit, the Superintend of police may, after recording his
reasons for rejecting such nominees, appoint men selected by himself.
3. (a). The
Superintendent of Police may at any time dismiss, suspend or reduce any town
watchman whom he may think remiss or
negligent in the discharge of his duty or unfit for the same, or fine any town
watchman to any amount not exceeding one month’s pay who shall discharge his
duty in a careless or negligent manner, or who by any act of his own shall
render himself unfit for the discharge thereof.
(b). The
municipal committee or the President of Municipal Committee may
be resolution bring to the notice of the Superintendent of Police
through the District Magistrate any town watchmen who in there opinion has been
negligent in his duty or report for the approval of the District Magistrate and
for the information of the committee the result of his enquiry.
4. No
town watchman or daffadar shall withdraw from the duties of his office
unless,---
(1). He
has received permission to resign form the Superintendent of Police, or from,
some other person authorized by the Superintend of Police to accept his
resignation; is
(2). two months have elapsed since he gave
notice of his intention to resign to the Superintendent of Police.
Direction
regarding the duties to be performed by town watchmen.
5. (a). It is the duty of every town watchmen to
keep watch and ward in the town.
(b). A
watchman shall be bound to render all assistance in his power in case of
conflagration within the limits of the
municipality.
(d)
A watchman shall take charge of any property found unclaimed within the
limits of the municipality, and hand it over to the officer-in-charge of the
police station.
6. Every
town watchman is bound for with to communicate to the officer-in-charge of the
police station within the limits of which his beat is situated any information
he may obtain respecting many person found lurking in such beat who has no
ostensible means of subsistence, or who cannot give a satisfactory account of
himself; or respecting the residence in or resort to, any place within the
limits of such beat of any person who is a reputed house-breaker or thief or
who is of notoriously bad livelihood.
7. Every
town watchman shall observe and form time to time report to the officer
mentioned in rule 5, the movements of all bad character s in his beat, and
shall report the arrival of suspicious characters in the neighborhood.
8. Every
town watchman shall give timely intimation to the officer mentioned in rule 6
in the event of notorious bad character residing in his beat being absent at
night without having given notice of his departure, or associating with
individuals of night bad reputed, or
ceasing to labour or to obtain a livelihood by hones means.
9. Every town watchman shall keep
the officer mentioned in rule 6 informed of all disputed which are
likely to lead to any riot or serious affray, and of all intelligence the
receives affecting the public peace within or near his beat.
10.
It shall be the duty of the town watchman to report to the
officer-in-charge of the police station within the limits of which his beat is
situated all deaths which occur in such beat and to furnish such other
information in connection with vital statistics as may be required of him by
the Deputy Commissioner form time to time.
11.
Every town watchmen shall in like manner report the appearance of any
epidemic in his beat, and shall supply , to the best of his ability, any local
information which the Deputy Commissioner may require.
12.
Every town watchman shall prevent, and may interpose for the purpose of
preventing the commission of any cognizable offence as defined in the Code of
Criminal procedure.
13.
Every town watchmen receiving information of the commission of or of a
design the officer-in-charge of the police station within the limits of which his best is situated.
14.
Every town watchman knowing of a design to commit any cognizable offence
may arrest, without orders form a Magistrate and without warrant, the person so designing, if the commission
of the offence cannot be otherwise prevented.
15.
Every town watchman may of his own authority interpose for the prevention
of any injury attempted to be committed in his view to any Government,
Municipal, or Railway property, moveable or in moveable, or to prevent the
removal or injury of any public land mark.
16.
Every town watchman may, without orders form a Magistrate and without a
warrant, arrest—
Firstly, any person who has been concerned in
any cognizable offence or against whom a reasonable complaint has been made or
credible information has been received, or a reasonable suspicion exists, of
his having been so concerned;
Secondly any person having in his possession,
without lawful excuse the burden of proving which excuse shall lie on such
person, any implement of house-breaking;
Thirdly, any person who has been proclaimed
as an offender either under the Code of Criminal Procedure or by order of the
Local Government;
Fourthly, any person in whose possession
anything is found which may reasonably be suspected to be stolen property, and
who may reasonable be suspected of having committed an offence with reference
to such thing;
Sixthly, any person who in his sight commits
any offence under section 34 of Act V of 1816 within the limits of the town,
providing such section has been specially extend there to by the Local
Government.
17.
If a person forcibly resists an endeavour to arrest him every town
watchman may use all means necessary to effect the arrest.
18.
No person arrested by a town watchman shall be subjected to more
restraint than is necessary to prevent his escape.
19.
The town watchman shall take charge of all person arrested under these
rules or by any private person under any law for the time being in force, and
shall forthwith take or send any person or
person, so taken charge of by him or any person or per sons he himself my
arrest, before the officer-in-charge of the police station within the limits of
which his beat is situated; provided that during the hours of darkness the
person or persons arrested may be detained in custody, but must be taken as
early as possible on the following morning to the police station.
20. It
shall be the duty of every town watchman promptly to obey and execute all
orders and warrants lawfully issued to him by any competent authority; to
collect and communicate intelligence affecting the public peace; to prevent the
commission of offences and public nuisances; to defect and bring offenders of
justice; and to apprehend all persons whom he is legally authorized to apprehend,
and for whose apprehension sufficient ground exists, and it shall be lawful for
every town watchman, for any of the purposes mentioned in this section without
a warrant, to enter and the inspect, and drinking shop gaming house, or other place of resort of
loose and disorderly characters.
21. It shall be the duty of the town
watchman to keep order on the public roads and in the public streets,
thoroughfares, ghats, and landing places, and at all other places of public
resort, and to prevent obstruction on the occasion of assemblies and procession
on the public roads and in the public
street, or in the neighbourhood or places of worship during the time of public
worship and in any case when any road, street, thoroughfare, gate, or
landing-place may be thronged or may not liable to be obstructed.
Now Act III of 1911—Note—Under the provisions
of section 76 (1) (d) of Act XIII 1884, all town watchmen appointed under these
rules possess the same powers, are entitled to the same assistance, enjoy the
same protection re subject to the same responsibilities and are able to the
same penalties as if they were police officers enrolled under Act V of 1861.
CHAPTER XVIII –Guards and Escort.
18-1. Standing guards – All treasury, tahsil, magazine, magisterial lock-up
and other sanctioned standing guards shall be furnished form the police lines
and shall be relieved at periods fixed by the Superintendent.
Policemen shall not ordinarily by kept
continuously on standing guard duty for a period exceeding three months without
being relived. The sanctioned strength of each standing guard shall be shown in
the distribution statement, Form 2-1.
18-2. Supervision of standing guards – Standing guards at district headquarters shall be
under the immediate supervision of the Lines officer and reserve inspector.
Other standing guards shall be under the supervision of the officer in charge
of the police station within whose jurisdiction they are located.
18-1. Guard orders – Standing orders shall be framed by the Superintendent
for each standing guard and a copy of these orders shall be hung up in the
guard room.
18-4. Inspector – (1) All police guards at district headquarters shall
be visited in every week, once by day and once by night, between the hours of
10 p.m. and 4 a.m. by a gazetted officer unless special circumstances make this
impracticable, and twice by day and once by night by the officer in charge of
the Lines. Standing orders to this end shall be framed in each district and
approved by the Deputy Inspector General.
(2) Officers in charge of police stations
shall, from time to time, inspect the police guards in their jurisdiction.
18-5. Routine of standing guard – (1) The entire guard shall fall in under arms at
sunrise in uniform and be thoroughly inspected by the officer in command. When
the latter has found all present, and arms, ammunition and accoutrements
complete, the guard shall be dismissed to clean arms and accoutrements and to
dress themselves smartly. Three-quarters of an hours later the guard shall be
fallen in again, thoroughly inspected, orders read out, duties told off and the
guard exercised in arms drill. The whole of the latter procedure shall last a
quarter of an hour. After this and up to 6 p.m. in summer and 5p.m. in winter
permission to leave the immediate neighbourhood of the guard for a maximum
period of two hours maybe given by the officer in charge to not more than
one-fourth of the guard at a time. At other hours the entire guard shall be
present.
Arms shall be issued at “Retreat”, and
from that hour till the hour of the morning inspection of the guard they shall
remain with the men of the guard, men of duty sleeping with their arms beside
them.
(2) Sentries and the next relief for duty
shall be in uniform and accoutred day and night. During the day the next relief
for duty shall sit outside the guard-room near the sentry.
(3) The officer in command of the guard
shall remain in uniform for two hours before dark every day and shall during
this time post and relieve at sentries himself. At other hours the sentries
shall be relieved by the police officers next for relief without the
intervention of the officer in command who shall, however, visit his sentries
at least four times during the hours between reveille and retreat and once
between each relief during the night. When visiting sentries the officer
command shall be in uniform and accoutred.
(4) When the officer in command is
assisted by another officer of or above the rank of head constable each shall
be on duty in uniform during half the day and half the night and all sentries
shall be posted by one or the other. In addition sentries shall be visited as
described in sub-rule(3) above.
(5) When guards are not relived daily,
four constables shall be allowed for each sentry supplied by the guards. Every
sentry shall be relieved after three hours on duty and shall do two turns of
duty in the twenty-four hours. In places where it is found possible so relieve
guards daily, three constable shall be allowed for each sentry and sentries
shall be relieved after two hours on duty. But in such cases no constables may
be posted to standing guard duty on two consecutive days.
Personal guards (rule 18-20(1)) shall
ordinarily be relieved daily, and in this case sentries shall be relieved after
two hours on duty. In cases where personal guards cannot be relieved daily,
sentries shall be relieved after three hours on duty the whole guard being on
duty for 9 hours only during the night.
(6) When the guard turns out at night for
rounds only, head constables on duty (if any) and the next relief for duty
shall turn out accoutred and in uniform; the rest of the guard shall turn out
in undress and with their arms. The inspecting officer shall satisfy himself
that the proper number is present and that the police officers are fit for duty.
(7) A duty roster shall be maintained for
each standing guard in which shall be recorded the rotation of duties and the
particular hours of duty of each man of the guard. An entry once made in this
duty roster will stand so long as the time and rotation of duties remain the
same. Any alteration in the time or rotation of duties will necessitate a fresh
entry in the duty roster.
(8) An Urdu copy of these routine orders
shall be posted on the order board of every guard governed by them.
18-6. Treasury guards – (1) The ordinary strength of a police guard over a
district treasury shall be two head constables and twelve constables, and it
shall furnish three sentries. The usual police guard over a tahsil treasury
shall be one head constable and four constables, and it shall furnish one
sentry.
In districts where the work of treasuries
has been taken over by the Imperial Bank of India, the duties of the bank guard
are normally to provide a night sentry or sentries but not a day sentry. The
guard shall be available, however, to turn out by day on an emergency. See also
rule 2-10.
(2) The Superintendent shall record an
order prescribing the position of the sentries, and may also require any
additional precautions to be taken such as strengthening of fastening, burning
of lights, etc.
(3) The responsibility for the security of
the building and its fixtures at a Government treasury rests with the Executive
Engineer, and for the security of chests and other treasury furniture, not
being part of the building or fixtures, with the officer in charge of the
treasury.
(4) A copy of the Executive Engineer’s
certificate and of the Superintendent’s order shall be suspended in a
conspicuous place within the strong room.
18-7. Responsibilities of the guard – The police guard shall be responsible that no box
containing cash, notes or stamps, is left at night outside the treasury
strong-room, and, when the treasury strong-room is secured by grated windows
and doors and there are no solid shutters ad doors fastened over them, that bags
of coins are firmly secured in the treasure vault or in boxes before the
treasury closes for the day. I any such box is left outside the strong-room, or
if, in cases where the strong-room is secured by grated windows and doors only,
any bags of coin are left out of the vault otherwise than secured in boxes when
the treasury closes for the day, the officer commanding the guard shall at once
report the fact to the Superintendent, who shall obtain the order of the
District Magistrate thereon without delay. In the case of tahsil treasuries
this report shall be made to the tahsildar and to the senior district police
officer present in the station.
18-8. Admission after business hours – No one except the officer in charges of the treasury
shall be admitted into the treasury after the work of the district or tahsil
office has been closed for the day, without a written order from such officer.
The police guard is responsible for seeing that this rule is carried out.
Whenever any person enters a treasury after tit has been closed for the day the
fact shall be specially reported to the Superintendent and an entry shall e
made in the police station diary.
18-9. Opening of double locks to be prevented – The police guard shall at all times prevent the
opening of the double locks at tahsil treasuries except in the presence and
under the authority of the tahsildar or naib-tahsildar, or any officer to whom
they are subordinate.
18-10. Orders to be posted – An Urdu copy of rules 18-6 to 18-9 shall be posted on
a board, with other standing orders, and suspended in a conspicuous place
within view of the guard. Orders embodying the same principles, but modified to
suit the circumstances of each case, shall be framed for the guidance of
imperial Bank guards.
10-11. Travelling treasure guards – (1) With respect to the duties of police guards
supplied to canal, railway, and other officers or persons for the protection of
treasure, the following regulations shall have effect:---
(a) So much of the rules for treasury guards
as are applicable shall be followed.
(b) The guard shall not be available for any
other duty except that of escorting treasure.
(c) When treasure is to be escorted, not
less than two police officers shall be sent as such escort.
(d) When the sum to be escorted exceeds
Rs.200, a head constable shall be sent with as many constables as may be
necessary.
(e) The police shall decline to receive
charge of money or notes unless enclosed in a locked box, sealed bag or sealed
envelope.
(f) If money or notes are sent in a locked
box and no responsible person is sent in charge of the key, the police may
receive the key only if it is enclosed in a sealed envelope.
(g) It is the duty of the police to guard
and not to carry such sums of money.
(2) A copy of this rule and of rules 18-6
to 18-10 shall be supplied to the commander of such guard and shall be shown by
him, where necessary, to servants of the department or corporation to which the
guard has been supplied.
18-12. Feeding of persons confined in magisterial
lock-ups – Except when by order of
Government a special exception has been made and the police have charge of a
magisterial lock-up, the responsibility of the police guard on such lock-up is
limited to the safe custody of persons therein confined and the police shall
not have charge of the key, and no police officer may be concerned with the
feeding of persons confined in a magisterial lock-up.
18-13. Search and confinement of persons in
magisterial lock-ups – the rules
regarding search and confinement of persons in police station lock-ups – (vide rules 26-3 and 26-4) – apply
equally to these lock-ups, except that the District Magistrate’s permission
shall be obtained to hand cuff persons in a magisterial lock-up when it is in
an insecure state.
18-14. Count of prisoners – A count is taken
every morning and evening by the official holding the keys, of the prisoners in
every magisterial lock-up no located within or attached to a jail. At the
evening count the number of prisoner in each ward of the lock-up is entered in
a lock-up register; this entry shall be initialled, if correct, bythe officer
commanding the police guard.
18-15. Guards over prisoners in camp – when, on account of a serious epidemic, overcrowding
or otherwise, it becomes necessary to move prisoners into camp, the
Superintendent of the Jail is authorized to call on the police to provide a
guard on the circumference of the camp. All internal watch and ward over the
prisoners shall be performed by the jail staff. The Superintendent of Police
shall confer with the Superintendent of the Jail as to the position, layout and
fencing of the camp and shall be entitled to refuse to supply a guard until he
is satisfied that in these respects the camp if one for the security of which
he can accept responsibility. The Superintendent of Police is also authorized
to demand such responsible notice as is necessary to enable him to provide the
guard required by the circumstances of each case. No fixed scale of guard is
laid down; this must be decided by the Superintendent of Police according to
the nature of the, camp the class of the prisoners in it and other factors.
When camps of more than 500 prisoners are to be guarded, the approval of the
Deputy Inspector-General to the police arrangements shall be obtained.
18-16. Temporary insecurity of jails – If from any cause a jail becomes temporarily
insecure, it is the duty of the Superintendent of the Jail to call on the
Superintendent of Police for the supply of such guard as the latter may
consider necessary to provide for the safe custody of the prisoners, until the
jail is made secure. In such a case the Superintendent shall personally, or by
deputy, estimate and supply the guard considered necessary, reporting the
matter as soon as possible to the Deputy Inspector-General.
18-17. Escorts and guards for tours of the Viceroy
and the governor of the Punjab – (1)
Rules for police arrangements in connection with tours of His Excellency the
Viceroy are contained in confidential pamphlet of instructions issued under the
authority of the Central Government, copies of which are in the possession of
all Superintendents and other police officers concerned. Confidential
instructions of similar scope in regard to the tours of His Excellency the
Governor of the Punjab have been issued by the Inspector-General with the
approval of the Provincial Government to all police officers concerned.
(2) In the case of tours by His Excellency
the Viceroy the Deputy Inspector-General of the range shall personally control
the police arrangements. He shall remain attached to the tour, s long as it is
within his range, except during journeys by railway, when the Assistant
Inspector-General, Government Railway Police, is responsible. The Deputy
Inspector-General is not required to be in personal attendance during the tours
of His Excellency the Governor of the Punjab unless his presence is specially
ordered, or unless he considers it necessary for particular reasons to take
charge of the police arrangements. He shall, however, exercise the supervisory
control prescribed in the confidential instructions referred to in sub-rule(1)
above, over the arrangements made for such tours by Superintendents.
(3) Superintendents of districts through
which His Excellency the Viceroy tours shall remain in personal attendance
throughout such tours. The shall be in direct command of the police
arrangements within their jurisdiction, and shall perform such duties as are
required of them by the standing confidential instructions and by such orders
as may be issued for particular occasions. The same procedure shall be followed
in the case of tours of His Excellency the Governor of the Punjab, provided
that personal attendance is not necessary in the case of semi-private tours for
which no programme is issued, or when His Excellency merely passes without
halting through part of a district in the course of a formal tour. If urgent
duty requires the presence of the Superintendent of Police elsewhere, he shall
arrange, in consolation with the Deputy Inspector General and the Military
Secretary to His Excellency, to place another gazetted office in charge of the
tour arrangements.
(4) When a tour programme necessitates
police assistance from outside, the Superintendent of Police of the district
immediately concerned, shall submit promptly a statement of the number of extra
police required, with an explanation of their necessity to the Deputy Inspector
General of the range.
(5) Except as provided in Party III 1 (c) of the confidential instructions
regarding police arrangements for the tours and journeys of His Excellency the
Governor of the Punjab, the police shall not furnish guards of honour.
18-18. Viceroy’s
guard at Simla and Governor’s guard at Lahore and Simla – (1) His excellency the Viceroy’s guard at Simla shall
consist of I sub-inspector, 6 head constables and 37 constables, or such
greater strength as may from time to time be authorized, furnished from the
Simla district. It shall be commanded during the summer months by an European
inspector, who in specially sanctioned for the post. The men of the guard shall
be of good character and shall ordinarily have not lest than five years’
service and shall measure not less than 5 feet 7 inches in height and 33 inches
round the chest.
(2) The guard for Government House, Lahore
and Barnes Court, Simla shall consist of 1 sub-inspector, 3 head constables and
26 constables furnished form the Lahore district. During the summer months this
strength shall be divided so as to provide the requisite duties at Barnes Court
and also a reduced guard at Lahore.
(3) Standing orders for the above guards,
prescribing their duties and providing for their inspection, discipline,
training, leave, etc., shall be draw up by the Superintendents concerned.
18-19. Police and private arrivals and departures of
His Excellency the governor – On all occasions of the public arrival or departure
of His Excellency Central Range, Assistant Inspector General, Government
Railway Police and arrivals at Lahore junction station shall be attended by the
Deputy Inspector General, Central Range, and Assistant Inspector General,
Government Railway Police, If present in Lahore and by the Senior
Superintendent of Police, Lahore, or, in his absence, the senior gazetted
police officer available, unless they or any of them are informed by the Private
Secretary that their presence is unnecessary Private departures form Lahore
junction stations hall be attended by the Senior Superintendent of Police,
Lahore, or in his absence the senior gazetted police officer available, unless
he receives directions to the contrary from the Private Secretary.
The above orders shall, in so far as they
may be applicable, govern procedure on similar occasion elsewhere than at
Lahore.
18-20. Personal guards – (1) Personal guards doing duty by night only shall
ordinarily consist of one head constable and three constables. Personal guards
at Headquarters may ordinarily be provided only for the Inspector General of
Police and Deputy commissioners of districts.
(2) When Judge of the High Court, the
Inspector General of Police, a financial or Divisional Commissioner, a Deputy
Inspector General of Police, or a District and Sessions Judge is on tour or on
circuit at any place away from the headquarters of a district, a guard of one
head constable and three constables shall be provided by the Superintendent of
Police of the district, subject to the receipt of a week’s notice in writing
stating the period for which the guard will be required. The provision of a
guard shall, however, be dispensed with if any of the said officers expresses
such a desire, provided the withdrawal of the guard is consistent with his
safety.
(3) (i)
The Superintendent of Police shall provide a personal guard of 1 Head Constable
and 4 Foot Constables for Hon’ble Members of the Governor General’s Executive
Council and hon’ble Ministers of the Punjab throughout the period of their stay
in the district, and shall also make such other arrangements as may be
necessary in the light of local conditions at the time to ensure their
convenience and protection both on the occasion of their arrival in, and
departure form, the district, whether by rail, road or air, and throughout
their stay.
(ii) If Han’ble Members of the Governor
General’s Executive Council or Hon’ble Minister of the Punjab reside in special
carriages during their halts in the district, the personal guard required to be
provided under sub-paragraph (1) above shall be place over the special
carriage.
(iii) The provision of a personal guard shall
be dispensed with if any Hon’bel Member or Hon’bel Minister so desires,
provided the withdrawal of the guard is consistent with his safety.
(4) When an officer, who is entitled to a
personal guard, is on duty in the hills, or on leave of any kind including
vacation, for more than ten days at a time, his guard shall be withdrawn.
Personal guards are not intended for the protection of houses or property. For
such purposes chaukidars should be entertained.
(5) A Deputy Commissioner may, if he so
desires, take his personal guard with in camp, but extra men in addition to this
guard shall not be provided.
(6) If a Deputy
Commissioner considers that an officer who is not ordinarily entitled to a
police guard requires one temporarily either at headquarters or in camp for the
protection of his person or of Government money or property in his immediate
charge, he may make temporary arrangements for such a guard in consolation with
the Superintendent of Police, who should immediately inform the Inspector
General of police, through the Deputy Inspector General of Police, of the action
taken.
(7) When an officer is entitled to a
police guard, quarters for the guard should be provided at Government expense.
NOTE
A District and
Sessions Judge on tour or circuit at the headquarters of a district which is
included in his charge but is not his personal headquarters shall be entitled
to guard, subject to the receipt of due notice by the Superintendent of Police.
18-21. Command
certificate – All police sent on duty
to other districts shall have a command certificate in Form 18-21 and shall be
instructed to report them selves at the police lines, if no place is specially
mentioned or their attendance.
As far as may be
possible, without unreasonable detention, the services of returning escorts of
their districts shall be utilized for escort duty on the return journey.
18-22. Requisition
for the supply of escorts –
Requisition for supply of police escorts shall give one day’s clear notice
(excluding Sundays and holidays) if required for duty within the district. And
four day’s clear notice if require to proceed beyond the district. This is to
enable the Superintendent to make arrangements for supplying the guard and to
warns Superintendent of the relieving districts to arrange for relief.
18-23. Arrangements
for conveyance, etc. – (1) All
arrangements regarding conveyance, light, collies, etc., for conveying
prisoners and their baggage, or treasure, shall be made by the department which
demands the escort and the police shall not assume the duty of escort unless
and until such arrangement have been satisfactory made. In so circumstances
shall police escorts carry jail or prisoner’s baggage.
Explanation. – The
expression “prisoner” or “prisoners” as used in this rules and hereinafter in
this chapter, means any person or persons under police escort in custody.
(2) coolly and
transport charges for the baggage of police escorts and other detachments
travelling in uniform shall be paid for by the Superintendents of Police, and
commanders of such parties shall be responsible for engaging such transport, as
is necessary, and that men under their command are not allowed encumber
themselves with articles other than their arms and equipment require to be
carried on the person.
18-24. Escorts
over treasure by rail – The following
rules framed by the Government of India govern the escort of treasure by rail:---
(i) The police officer taking
charge of a treasure guard travelling by rail will not see the treasure packed
at the treasury, but he shall see the boxes weighed, and satisfy himself that
each box is properly secured before it is transferred to the van, and that it
is properly placed therein.
(ii) The police guard shall be
accommodated in brake-van attached to the treasure-van or in the end
compartment of the carriage next adjoining the treasure-van, and the doors of
the compartment in which the police guard is accommodated shall never be
locked.
(iii) An officer relieving such
a guard shall see that the numbers of the wagons agree with those given in the
blank receipt tendered for his signature; that the locks are secure; and that
the locked doors of the van cannot be opened.
(iv) The officer in charge of
such a guard shall be provided with a lantern which will burn all night, and
shall cause a constable of the guard to alight at every alternate stopping place,
and ascertain that the locks have not been tampered with. During any long
stoppage, a sentry must remain on duty by the door of the treasure wagon; if
there be several such wagons, it will suffice to tell off two men, who may
stand one at each end of the line of wagons.
(v) In case of a breakdown
separating a convoy, the officer in charge should separate his party, attaching
himself to the disabled portion.
(vi) On delivering the boxes at
the treasury to which they are addressed, he will obtain a receipt for
__________________ bags said to contain coin to the value of Rs. __________or
for __________________ boxes, with marks and weights detailed in the invoice,
said to contain coin to the value of Rs. ____________. If any box be short
weight, or show signs of having been tampered with, it should be opened in the
presence of the escort officer; otherwise he should be allowed to return at
once.
The form of receipt
to be used by relieving guard should run thus:---
“Received charge from ____________ Police officer of ___________
district, of railway wagon No._______________ said to contain ___________ boxes
aggregating Rs. ________________ (Wagon No. _________________ said to contain
______________ boxes, aggregating Rs._____________ and so on). The wagons were
duly locked, and one key for each made over _______________________ receipts to
be given by other relieving guards are all acknowledged.”
The number and
contents of each wagon shall be detailed in case of a breakdown. The receipts
should be in English if the police officer is acquainted with that language;
otherwise in the officer’s vernacular.
(vii) Unless the
Superintendent has already done so, the officer commanding the escort shall
telegraph to the receiving officer the number of the train, passenger or goods,
conveying the remittance and its hour of departure, and shall also telegraph
again en route if any change in the
train has been made or anything occur to delay its arrival.
(viii) Whenever, any
breach of these rules occurs, the officer in charge of the guard must insist on
the treasure-van being detached from the train, and shall immediately telegraph
the facts to the remitting officer, to is own departmental superior, and to the
Chief Commercial Manager of the railway.
NOTE (i) – A printed copy of these
instructions, together with a sufficient number of black receipts, shall be
given by the treasury officer to the officer in charge of the escort.
NOTE (ii) – Padlocks for securing treasure
vans are supplied by the treasury officer despatching the treasure.
NOTE (iii) – Loading and unloading the
treasure and providing coolies and carts, etc., is not the duty of the police
at any period of the journey.
18-25. Strength
at escort over treasure by railway –
The following shall be the minimum strength of police escorts over treasure by
railway:---
(a) For each railway van – two constables
and one head constable. When more than one van is used, a sub-inspector or
assistant sub-inspector shall be sent in command of the escort.
(b) No police escort is necessary in the
case of remittances consisting exclusively of copper, bronze and nickel coin
when sent by railway from one treasury to another. Remittances partly of silver
and partly of copper, bronze or nickel coin will be sent under an escort.
(c) Two police officers, one of whom shall
be a head constable, shall be sent as an escort over a consignment of currency
notes sent by rail or carriage dak, and if the value exceeds Rs.50,000 one
officer shall be a sub-inspector.
18-26. Position
of the escort – (1) Parcels
containing notes shall be carefully packed in sealed parcels or boxes.
(2) Escorts over
notes shall occupy one of the end compartments of a third class carriage, and
sit on the end seat. If the notes are packed in a box, such box shall be placed
under the seat against the enter planking of the carriage, and the escort shall
sit over it. If the box is too large to go under the seat it shall be placed
between the members of the escort, and the Superintendent shall pay the usual
charge for the space occupied.
18-27. Purchase
of Tickets – (1) Government treasure,
which term includes species (i.e.,
gold, silver, copper, bronze and nickel coins), precious articles, bullion,
currency notes, current and un-current,
signed or unsigned, defaced currency notes and Government stamps will be
carried by rail as under, subject to the following exception:---
|
(i)
|
Consignments
weighing 54 mounds or less on broad-gauge and those weighing 40 mounds or
less on metre or narrow gauge.
|
|
In brake vans
|
|
|
|
|
|
|
(ii)
|
Consignments weighing
over 54 mounds on broad-gauge and those weighing over 40 mounds on metre or
narrow gauge
|
|
In separate vehicle or in a reserved compartment or
carriage.
|
Remittances of silver
coins and currency notes, and precious articles should always be sent under
Police escort. Such remittances weighing between 54 and 81 mounds should be
carried in reserved compartments while those weighing over 81 mounds in
separate vehicles.
(2) Free conveyance
of escorts in 3rd class compartments on the following scale on both
outward and return journey will be allowed only when treasure is carried in
separate vehicles (other than in reserved passenger compartments or carriages)
irrespective of whether the escort returns with or without treasure:---
(a) One man when the consignment of treasure
is over 54 and under 135 mounds.
(b) Two men when the consignment is from 135
to under 270 mounds.
(c) Four men when the consignment is 270
mounds or over.
Free tickets in such
cases will be issued by the booking clerk immediately after the treasure has
been weighed. Such tickets will be stamped. “FREE” by the railway authorities
when issuing them.
If the escort is
larger then that for which free conveyance has been provided, tickets for each
extra man will be taken to the destination of the treasure by the officer in
charge of the escort.
(3) When treasure is
carried in a reserved compartment or carriage the usual number of fares
required for reservation shall be paid for by the officers in charge of the
escort as no free tickets are admissible such circumstances. When the actual
number of the escort exceeds the number of fares paid for the reserved
accommodation, additional fares shall be paid for each man in excess. Tickets
for the escorts in all cases shall be taken to the destination of the treasure.
(4) Tickets issued
for the outward journey, weather paid for or free, shall be handed on to each
relieving escort.
(5) Members of the
escort provided with free tickets for the outward journey are entitled to free
tickets for the return journey and shall apply for these free return tickets to
the Station Master of the Station where the guard is relieved. For other
members of the escort the Lines Officers shall make provision for the return
journey before the escort sets out by issuing to the officer in charge of the
escort either a railway warrant or the necessary expenses for the journey form
the prescribed relieving station. If the escort is not relieved at this
station, it will continue with the treasure until relieved, and in that case the
expenses for the return journey from the station where the escort is actually
relieved to the prescribed relieving station shall be paid by the
Superintendent of Police within whose district the escort is actually relieved.
18-28. Escort
over treasure by road - (1) Except within the limits of the Lahore
Municipality the following shall be the minimum scale of police escorts ever
specie in transit otherwise than by rail:---
|
Description of treasure
|
Amount of treasure in rupees
|
Strength of guard
|
Number of sentries
|
|
Sub-Inspectors
|
Head-Constables
|
Constables
|
|
|
Rs.
|
|
|
|
|
|
Remittance by usual conveyance upto
|
5,000
|
…
|
1
|
4
|
1
|
|
Ditto
|
10,000
|
…
|
1
|
8
|
2
|
|
Ditto
|
20,000
|
…
|
1
|
10
|
2
|
|
Ditto
|
50,000
|
…
|
2
|
12
|
3
|
|
Ditto
|
1,00,000
|
…
|
3
|
16
|
4
|
|
Ditto
|
4,00,000
|
1
|
3
|
24
|
6
|
(2) The minimum scale
of police escorts over specie in Lahore between the Railway Station, Currency
Office and the Imperial Bank of India shall be two foot constables per car load
of treasure, provided that:---
(a) the total escort shall never be less
than one head constable and four constables;
(b) there shall be one head constable for
every 4 carts or less;
(c) there shall be one-sub-inspector for
every 10 carts.
(3) The foregoing
scale of escorts over treasure shall be the minimum escorts sent in charge of
the amount specified, but Superintendent shall use their discretion in
increasing the protection afforded whenever necessary.
(4) If currency notes
are sent by road a sufficient escort shall be sent.
(5) Treasure shall
not be carried under escort by motorbus unless the hiring of a whole bus is
justified by the number and weight of boxes and the size of the escort.
The minimum escort
per bus shall be one head constable and six foot constables. Superintendents of
Police shall increase this strength when the value of the treasure to be
escorted, local conditions or the nature of the journey are such as to increase
the risk of attack.
In the case of the
escort for specie, which is bulky and weighs heavy, the use of motor transport
will seldom be convenient or economical; for the escort of treasure in the form
of currency notes, however, motor transport will often be suitable.
NOTE
One lakh of full
weight rupees weights 311/2 mounds net, and when packed
for remittance possibly a little more than 35 mounds.
18-29. Receipt
and guarding of treasure – (a) Treasure to be escorted will be
packed by the treasury authorities in bags holding Rs.2,000 each, and, after
being sealed, these bags will be placed in pad-locked iron remittance boxes.
Each box shall be weighed in the presence of the officer commanding the escort
and the number, weight and contents of each box shall be entered in the
invoice.
The officer
commanding the escort shall see that the boxes or tumbrels are strongly made
and securely fastened, and shall sign the receipt at the foot of each copy of
invoice as responsible for _______________ boxes of marks and weights details
above, said to contain _____________________________ coin to the value of
Rs.___________. If he is ignorant of English he shall fill up the blanks and
sign such receipt in the vernacular and copy of the invoice shall be made over
to him.
(b) A sentry shall march
alongside each cart and shall keep the carts together.
(c) The remainder of the
escort shall march half in front of the leading cart and half in rear of the
rear cart.
(d) If buoys are attached to
treasure chests, the officer commanding the escort shall examine them and point
out if the ropes appear likely to sink the buoys; before crossing a ferry by
boat he shall see that the ropes are not detaches, knotted or entangled while
the boxes are on board the boat and that they work freely.
(f) If the treasure is
secured by double locks, the officer commanding the escort shall keep the keys
of the second lock and the potdar of
the first; if there are single locks only ht potdar shall keep the keys.
(g) The officer commanding the
escort shall be responsible that no box or tumbrel is opened on the journey
except in case of damage or accident.
(h) The office commanding the
escort shall march with his escort, shall see the carts parked and the first
sentries posted, and shall visit his sentries once day and once by night in
every twenty four hours.
(i) If the remittance arrives
at night, it shall remain in the custody of the police guard until next
morning.
18-30 Use
of handcuffs – The rules relating to
use of handcuffs are given in Chapter XXVI. In addition, the following orders
shall have effect in regard to escorts over prisoners:---
(a)
The
police officer of highest rank present shall be responsible that the handcuffs
fit properly.
(b)
If
the prisoner is violent and is strong and able to offer considerable
resistance, the handcuffs may be coupled behind his back instead of in front of
his body.
(c)
The
police officer in command of an escort over unconvinced prisoners, whether in
police or judicial custody, shall beheld strictly responsible that such
prisoners are not allowed to have their hair, beards or moustaches cropped or
in any other way to alter their appearance, so as to make identification
difficult, and that they are allowed no communication with any member of the public, while under the custody
of the escort except on the written authority of a superior police officer or f
a magistrate.
(d)
If
it becomes necessary to release one of the prisoner’s hands, the handcuff on the
other wrist shall not be open, and adequate precautions shall be taken to
prevent escape. The release of one of the prisoner’s hands, for any purpose
whatever, will be on the responsibility of the officer in charge of the
prisoner, and any escape from custom as a result of, or facilitated by, such
release of one hand will, except under the circumstances provided for in rule
18-32(2), be regarded as negligence falling within rule 16-37.
(e)
In
the case of prisoners despatched by the Jail Department, handcuffs shall be
supplied by the police, but leg-irons shall be supplied by Jail Department.
(f)
The
handle of the chain of the handcuffs shall be passed through the belt of the
constable in immediate charge of the prisoner for the time being, and shall
remain so as long as the prisoner is under escort. When such constable has to
be relieved for any purpose, the prisoner shall be secured in the same manner
to the relieving constable. The practice of fattening the chain to a bed while
the escort rests or feeds and all other methods of attachment are absolutely
forbidden.
18-31. Admission
of prisoners to jails – Under the
rules of the Jail Department prisoners transferred form one jail to another
must be received into jail at any hour.
18-32. Escorts
over European prisoners – (1) On
occasions on which an European solider may have to be conveyed in custody,
before or after conviction by the civil power, an application shall invariably
be made to the nearest military authorities for a military escort, unless there
are sufficient European police available for the duty. (Government of India letter No. 8-405, dated 17th February
1881).
(2) On occasions when Europeans (other than
soldiers) have to be conveyed in custody, European police shall ordinarily be
utilized, and when necessary may be requisitioned form other districts, or the
railway for the purpose.
18-33. Railway
accommodation for prisoners – When
despatch of prisoners is to be made under the orders of the Jail Department by
rail form a headquarter station of a district, it is the duty of the reserve
inspector or lines officer to ascertained two hours before the departure of the
train, that the proper description of carriage has been supplied and that all
grantings, door locks, etc., are in order. Padlocks, when considered necessary
shall be provided by the police.
18-34. Transfer
of prisoners between jails – The
prisoners shall be made over to the police guard after they have been carefully
and thoroughly searched nominal roll in the usual form shall be made over with
the prisoners. The police guard shall be entirely responsible for the safe
custody of the prisoners until they reach their distinction and are formally
made over to the jail officers and a receipt obtained for them. The officer
commanding the escort shall satisfy himself that the handcuffs and fetters are
in good order, and that they fit properly before he takes them over. If the
prisoners are desperate or dangerous, the officer commanding the escort shall
be supplied with a chain with two rings and padlock and shall connect all the
handcuffs or leg-irons with it.
18-35. Fetters
to be dispensed with in certain cases –
(1) Under jail regulations every male prisoner under sentence for an offence is
required to be handcuffed before being removed form a jail for any purpose,
and, when on transfer, is required to be fettering may be relaxed in the case
of prisoners classed as “A” or “B” by
the convicting court, if the Superintendent of Police is satisfied, after
ascertaining the convict’s history, that there is no reasonable apprehension of
an attempt at escape or rescue. Juvenile offenders are not required to be
fettered, but only to be handcuffed when in transit form a jail to the
Reformatory Scholl at Delhi.
(2) One
handcuff may also be removed form prisoners travelling by rail while eating,
drinking or going to the latrine, provided that the number enjoying the
concession at any one time shall not exceed half the number of constables on
the escort.
18-36 Transfer
of prisoner by rail – (1) So far as
may be practicable, the railway persons in custody by rail.
(2) A responsible police officer shall be used for
the transfer of persons escorted in police custody.
(3) Prisoners sentenced to transportation, and
other dangerous and notable prisoners, should not be sent by mail trains unless
there by exceptional and special reasons for doing so, which should be fully
stated in writing.
18-37. Regulations
for transport of prisoners by rail –
Will respect to the kind of railway carriage to be used and the strength of
escort to be employed in the transit of prisoners in police custody, the
following regulations shall have effect:---
(a)
When
the prisoners escorted are A and B class convicts and better class under trial,
prisoners normally third class accommodation should be provided, but where
suitable third class carriages with proper sanitary arrangements are not
available, inter class accommodation shall be allowed. Any A and B class
prisoner or better class under trial prisoner who desires to travel by a higher
class may be allowed to do so on paying the extra fares of himself and escort.
A and B class convicts and
better class under trail prisoners shall when on transfer be taken to and from
the station by motor lorry or such other conveyance as may be available.
Instructions regarding the use of handcuffs for such convicts and under trial
prisoners are contained in Police Rule 26-22(1) and (2). The ordinary strength
of escorts in such cases shall be equal in number to the prisoners or even less
according to circumstances. The escort shall sit on each side o the prisoners
and guard the doors.
(b)
When
the prisoners escorted are aged, feeble, sick, crippled, women, children, of
are accused of minor offences and are not desperate characters, or are harmless
lunatics or where the number of persons, including the escort, does not exceed
five, they must be conveyed in ordinary third class carriages. The ordinary
strength of escorts shall be the same as in (a) above.
(c)
Transportation
convicts proceeding out of the province and prisoners of exceptionally
dangerous character, who require extra vigilance for their safe custody, shall
be conveyed in custody by rail in prison vans only. The ordinary strength of
escort in such cases shall be one head constable and six constables for each
carriage or van, and if more than a single carriage or van is sent a
sub-inspector shall be sent in command.
(d)
All
other prisoners shall be conveyed in third class carriages provided with iron
gratings for the widows and iron bars or railings between the compartments. The
ordinary strength of escorts shall be the same as in (b) above.
(e)
In
the case of prisoners on transfer to the jails of districts in which their
homes are situated with a view to their release, the police escort need not
exceed the following strength:---
For 1 prisoner … 1 Constable
For 2 to 4 prisoner … 2 Constable
For 5 to 9 prisoner … 1 head Constable and 3 constables
For 10 to 12 prisoner … 1 head Constable and 4 constables
(f)
The
escort accompanying prisoners by rail shall occupy the position from which the
best possible control over the prisoners can be secured, but shall not take up
such share of accommodation as will result in overcrowding among the prisoners.
18-38. Precautions
for safe custody – (1) If it is
necessary to allow any of the prisoners or nay of the escort to leave the
carriage for purposes of nature, permission shall be given to do so only at
stations where the train stops at least ten minutes, and subject to proper
arrangements for the safe custody of the prisoners. Whenever it is necessary to
remover the prisoners at a station where a change of trains is to be made, or
between stations in case of trains shipment or accident, a portion of the
escort shall alight first, and the prisoners, as they alight, shall be
marshalled in file. Prisoners shall, as far as possible, be kept apart from
other passengers, and no access to or intercourse with them by any person,
other than a magistrate or police officer superior in rank to the officer
commanding the escort shall be allowed. When waiting for a train the escort
shall form a cordon round the prisoners, if the latter number more than four,
and members of the escort shall be allowed to leave their posts only in such
numbers as will not reduce the guard over the prisoners to such an extent as to
facilitate escape.
(2) Except as provided in sub-rule (1) and in case of serious illness, no member of the
escort shall leave the carriage except in the performance of his duty.
(3) When a change of trains necessitates a delay
of over an hour at any junctions, all prisoners shall be taken by their escorts
to the Railway Police or local District Station and kept there in the lock-up
during the period of waiting. The Assistant Inspector General, Government
Railway Police, and all Superintendents of Police will issue orders to their
station house officers to received such prisoners and to giver all necessary
help to the escorts. The officer detailed under sub-rule (6) below to explain
rules to escorts shall inform escorts where to take prisoners during halts at
the various junctions on the journey.
(4)
Escorts
are strictly prohibited from accepting gifts of any kind including food from
any class of prisoner or a prisoner’s friend, relative or sympathisers.
(5)
Section
441 of the “Manual for the Superintendence and Management of Jail” say that no
prisoner shall, except on transfer from another jail, be admitted into any jail
after the hour of lock-up for the night or before sunrise on any day. This
implies that prisoners on transfer may be admitted at any time of the day and
night and escorts over prisoners on transfer from one jail to another will
proceed immediately on arrival at their destination station to the jail and
have the prisoners admitted. Escorts over prisoners other than those
transferred from one jail to another will on arrival at the station of
destination during the night, when prisoners cannot be produced before the
officer before whom they are to be produced, confine them in the railway police
or local district police station lock-up, until they can be produced before the
officer concerned.
(6)
Police
rules laying down the duties of escorts will be carefully explained to all
escorts before they proceed on duty and gazetted officers will select all
escorts over special classes of prisoners themselves from among men on whom
they can rely to observe orders strictly. Officers in charge of escorts will be
particularly instructed not to allow any contact between prisoners and
outsiders in any circumstances.
NOTE
Although this rule deals specifically with
the escort of prisoners by all, it applies mutatis mutandis to escorts by all
other means of transport.
18-39. Security and health of prisoners. – (I) When a police escort travels in a prison van or in
a separate compartment to that occupied by the prisoners, two constables shall
be placed on sentry duty over the prisoners, being relieved every two hours.
(2)
At
every station where the train stops fifteen or more minutes, the officer
commanding the escort shall personally test the window fastenings, see that the
prisoners are not suffering in health, and arrange for an necessary cleaning of
the carriage and they refilling of water tanks and supply of drinking water to
the prisoners.
18-40. Searching prisoner and handing over charge. – (I) At each relieving station all the prisoners shall
be searched in the presence of the senior officer of both the relieving and
relieved police escorts and the officers of the Jail Department.
(2) In the case of transfer of prisoners within
the province, police officers commanding escorts shall be held responsible that
they hand over the iron frames, locks and keys of window gratings to the
station master at destination, and that they take receipt; but in the case of
transfers beyond the province, such responsibility shall rest with the jail
warder accompanying the prisoners. If a frame, lock or key is received in an
injured state or is injured by the prisoners on the way, the officer commanding
the escort or jail warder, as the case may be, shall report the matter at the
end of the journey to the nearest Superintendent of Police who shall explain it
to the Chief Commercial Manager. When padlocks, supplied by the police under
rule 18.33, have been used, the officer commanding the escort shall hand over
the locks in the police lines of destination to be returned to the district of
despatch. If the van or carriage goes outside the province, the locks shall be
removed and returned in the same way to the district of despatch.
18-41. Reservation of rail accommadation – (1) If insane persons are sent by railway in police
custody, and whenever a party of prisoners and its escort so sent exceeds in
number three persons, one or more compartments shall be reserved for such
party. –(Government of India letter No.
1424-31-R., dated 8th April, 1879).
(2) If the prisoners are accused persons being
sent by the police for trail, arrangements shall, if possible, be made either
to send them so that compartments need not be reserved, or to occupy fully the
compartments reserved.
(3) If the escort travels in the same compartment
as the prisoners, and the compartment is reserves, the number of persons seated
therein shall in no case be in excess of its capactiy.
(4) Tickets shall be taken by the original
district of despatch for the forward journey of the escort to the railway
station of destination of prisoners, irrespective of provincial limits. On
occasions, however, when prisoners are despatched under on escort to various
destinations and this escort has to be relieved enroute, tickets shall be taken only as far as the relieving
station.
(5) In the case of a Punjab Police escort
proceeding out of the Punjab of an escort from some province entering the
Punjab which has not been relieving at the relieving stations laid down in
Appendix 18-49(4), the Superintendent of Police of the district in which the
escort is eventually relieved shall advance railway fares to take it back to
the recognised relieving station and debit the amount to his Contingent Grant.
This expenditure shall not be recovered from the province providing the escort.
18-42. Escorts by road – responsibility of despatching
officer. – (I) The police officer who
despatches and escort over prisoners by road shall be held responsible that a
proper and sufficient escort is sent; that, where the escort consists of one or
two constables, only, they possess equal or greater physical power to, or than
that possessed by, the prisoners in their custody, and that proper discretion
is used in regard to increasing the escort under special circumstances when the
country is disturbed or popular feeling is excited in favour of , or against,
the prisoners, or in regard to the offence committed. Prisoners shall not be
marched by road in the hot weather between the hours of 10 a.m. and 4 p.m. or
in any season when it is raining, or likely to rain, heavily. A and B class
convicts and better class under trial prisoners shall when travelling by road,
be taken by motor lorry or other suitable conveyance.
(2) Police escorts shall on no account be required
to carry any property belonging to prisoners. The officer commanding the escort
shall take over from the jail or other despatching authority any official
documents relating to the transfer, petty cash, whether belonging to prisoners
or advanced for the expenses of the journey, keys of fetters, etc., but any
property belonging to or necessarily sent with the prisoners shall be
transported under arrangements to be made by the despatching authority. The
cost of transporting, whether by coolie or otherwise, any such property and the
bedding of prisoners shall be recovered from the Jail Department. (See also rule 18-23).
18-43. Feeding of prisoners. – (I) Rules for the feeding of persons under police
arrest or remanded in police custody are contained in Chapter XXVI. For
prisoners under escort between jails and courts the Jial Manual (paragraph 758)
prisoners that, when the court to which prisoners are to be escorted is
situated at the same station as the jail, the officer in charge of the jail
shall be responsible for the supply of the prisoner’s food ready cooked. When
such court is situated at a distance, the money necessary to purchase food at
the scale prescribed by the Jail Department, shall be made over to the police
officer commanding the escort by the officer in charge of the jail.
(2) Prisoners on transfer are required to the
given a cooked meal before starting, and, for a journey exceeding twelve hours,
but not exceeding eighteen hours in duration, each prisoner shall receive,
before being handed over to the police escort, parched gram and gur, or such other ration as jail
regulations may prescribe, to eat on the journey. Police officers commanding
escorts shall satisfy themselves that this regulation (paragraph 939, Jail
Manual) has been complied with, when taking over prisoners. When the journey on
transfer is likely to exceed eighteen hours in duration, money shall be made
over to the warder accompanying the prisoners or the officer commanding the
escort, as the case may be, the officer in charge of the jail to enable him to
purchase food at the prescribed scale. See
also rule 26-27(1).
(3) The police office to whom money is made over
under sub-rules (1) and (2) above shall acknowledge its receipt and, on
conclusion of the escort duty shall submit, together with his duty report, an
account of his expenditure, supported by detailed receipts or satisfactory
explanation of failure to obtain such receipts.
(4) A jail official shall accompany prisoners on
transfer when their number exceeds ten. In this case he shall be responsible
for all arrangements for food and water. When the prisoners are less than ten,
a jail official should see tham off at the railway station and will be
responsible for seeing that they start with,---
(a)
one
zinc pail full of water, if the van does not possess a permanent drinking water
tank;
(b)
on
lota full of water for each prisoner;
(c)
one
zinc pail full of water at the latrine for cleaning purposes.
In the case where no
jail official accompanies prisoners the police officer in charge of th escort
shall inform station masters of important stations in advance on the route of
any requirements in the way of water, food, etc., that may be needed on the
journey.
(5) It is the duty of the police officer in charge
of the escort to see that prisoners who have not been in jail previously have
their food before they are taken to the jail if they are likely to arrive there
too late for a meal.
18-44. Strength of escorts by road. – The minimum police escort that may be sent in charge
of prisoners by road is shown in the sub-joined table. In hilly districts the
scale prescribed as a minimum for roads on which the police stations are more
than 15 miles apart shall be the minimum adopted:---
|
1
|
2
|
|
Number of prisoners.
|
Strength of Guards
|
|
Sub-Inspector.
|
Head Constable.
|
Foot Constables.
|
|
 Road on which the police stations are not more than
15 miles apart.
|
1
|
…
|
…
|
…
|
…
|
1
|
|
2 to 4
|
…
|
…
|
…
|
…
|
2
|
|
5 to 9
|
…
|
…
|
…
|
1
|
3
|
|
10 to 12
|
…
|
…
|
…
|
1
|
5
|
|
13 to 15
|
…
|
…
|
…
|
1
|
6
|
|
16 to 20
|
…
|
…
|
…
|
1
|
9
|
|
21 to 25
|
…
|
…
|
…
|
2
|
10
|
|
26 to 30
|
…
|
…
|
…
|
2
|
12
|
|
30 to 50
|
…
|
…
|
1
|
2
|
16
|
|
|
|
|
|
|
|
|
 Road on which the police stations are not more than
15 miles apart.
|
1
|
…
|
…
|
…
|
…
|
1
|
|
2 to 3
|
…
|
…
|
…
|
…
|
2
|
|
4 to 6
|
…
|
…
|
…
|
1
|
3
|
|
7 to 8
|
…
|
…
|
…
|
1
|
4
|
|
9 to 12
|
…
|
…
|
…
|
1
|
7
|
|
13 to 15
|
…
|
…
|
…
|
1
|
8
|
|
16 to 20
|
…
|
…
|
…
|
2
|
10
|
|
21 to 25
|
…
|
…
|
…
|
2
|
12
|
|
26 to 30
|
…
|
…
|
…
|
2
|
16
|
|
31 to 50
|
…
|
…
|
1
|
2
|
20
|
Prisoners shall
always sleep under shelter, which shall be provided, where necessary, by the
Jail Department before the prisoners are taken over.
18-45. Escort over prisoners by motor bus or passenger
lorry. – The strength of escorts over
prisoners transported by motor bus or other vehicle not specially constructed
as a prison van shall be not less than that prescribed in rule (18-37) for
escorts over prisoners by rail; provided that, if the circumstances of the
journey to be performed are such as to entail danger of rescure or to
necessitate special precautions, the strength of the escort shall be increased
at the discretion of the Superintendent of Polcie. In cases where it is
necessary to march the prisoners by road between the place of departure or
destination and the terminus of the journey by motor vehicle, the arrangements
prescribed in rule (18-48) for reinforcement shall be followed.
18-46. Escort for prison vans. – The strength of escorts over prisoners transported in
specially constructed motor prison vans shall be one head constable and three
foot constables for each such van.
18-47. Intimation for the relief of escorts. – (1) Every Superintendent who furnishes an escort shall
send intimation as soon as possible to the Superintendent whose duty it will be
to relieve such escort, of,---
(a)
the
strength of such escort;
(b)
the
nature of the duty, that is, the number of the prisoners being escorted or the
amount and nature of treasure, etc.
(c)
the
mode of transit, the destination;
(d)
the
probable date and hour of arrival; and
(e)
the
number of handcuffs reaquired
(f)
whether
prisoners are dangerous.
If a letter by post
would not give three clear days’ notice, such intimation shall be telegraphed,
but the strength of the escort need not be telegraphed unless it is abnormal.
Intimation shall be in Form 18-47.
(2) In the case of district in the United
Provinces, the intimation, both postal and telegraphic, should be addressed not
to the Superintendent of Police but to the Reserve inspector. Telegrams for him
should be addressed “Police Lines.”
(3) Reliefs for inter-provincial escorts must
always be provided and not refused or withheld on the ground that the men
cannot be spared., compliance with requisitions must be strictly exacted.
18-48. Reinforcement of escorts. – As escorts travelling by rail are of reduced strength,
an escort of ordinary strength shall escort the persons or property in charge
to the railway train, and again from the railway train, and again from the
reailway train at the termination of the railway journey. When an escort leaves
by train, a telegram shall be despatched by the officer in command of the
escort to the Superintendent whose duty it is to provide an escort to guard the
persons or property from the railway station where the railway journey
terminates, in all cases in which proper arrangements have not been completed
before the despatch of such escort.
(2) When an escort has to be relieved under the
above rule, the transfer shall ordinarily be made at a station which is the
headquarters of a district, and if possible at a station where a change of
railway or train is effected.
(3) The relief guard shall assist the relieved
guard to watch the prisoners or treasure during the transfer.
(4) Escorts over prisoners or treasure sent b
railway proceeding out of, or coming into, the Punjab shall be relieved at the
places shown in Appendix 18-49(4).
18-50. Authorities for provisions of guards. – Police shall not be provided as guards, escorts or for
any other duty except as authorized in this chapter or elsewhere in the Police
Rules.
GUARDS AND ESCORTS
APPENDIX No.
18-49(4).
Escorts over
prisoners or treasure sent by railway out of, or into the Punjab, shall be
relieved at the following stations:---
(a)
Escorts proceeding out of the Punjab.
|
Through Ambala
|
Shall be relieved at Saharanpur, unless the escort
in proceeding through or to Delhi, in which case it shall be relieved at that
station.
|
|
“
|
Delhi by E. I. Railway.
|
Shall be relieved at Aligarh.
|
|
“
|
Delhi by Great Indian Peninsula Railway.
|
Shall be relieved at Agra. All escorts proceeding to
Bombay shall ordinarily travel by the Great Indian Peninsula Railway.
|
|
“
|
Delhi by Rajputana-Malwa Railway.
|
Shall be relieved at
Ajmere (letter No. 1498, dated 10th December 1887, from the
Superintendent of police, Ajmere) by guards of the Marwara Battalion, the
Magistrate of the district being communicated with when reliefs are required.
In the case of European prisoners or women, escorts are supplied by the
police and the Superintendent should be communicated with when such reliefs
are required.
|
|
“
|
Multan towards Karachi.
|
Shall be relieved at Sukkur.
|
|
For Peshawar by North-Western Railway.
|
Shall relieved at Peshawar Cantonment.
|
|
From the Punjab via
Khundian and Rawalpindi to Kohat.
|
Shall be relieved at Kohat.
|
|
From or through delhi to karachi
|
Shall be relieved at Ferozepore.
|
|
(b) Escorts proceeding out of the Punjab.
|
|
Through Delhi
|
…
|
Shall be relieved at Delhi.
|
|
“
|
Ambala Cantonment.
|
Shall be relieved at Ambala Cantonment.
|
|
“
|
Multan
|
…
|
…
|
Shall be relieved at Multan.
|
|
From Abbottabad by North-Western Railway.
|
Shall be relieved at Rawalpindi.
|
|
“
|
Peshawar by North-Western Railway.
|
Shall be relieved at Rawalpindi.
|
|
“
|
Kohat by North-Western Railway.
|
Shall be relieved at Rawalpindi.
|
|
“
|
Dera. Ismial Khan by North-Western Railway.
|
Shall be relieved at Multan.
|
|
“
|
Dear Ismial Khan by Mari-Attock line.
|
Shall be relived at
Mianwali, the escort being again relieved at Rawalpindi.
|
|
“
|
Dera Ismail Khan by the Sindh-Sagar Line for Shapur,
Jhelum, Gujrat and Gujranwala.
|
Shall be relieved at Kundian.
|
|
“
|
Dera Ismail Khan to Dera Ghazi Khan.
|
Shall be relieved at Ghazi Ghat
|
|
“
|
Dera Ismial Khan to Multan or Montgomery.
|
Shall be relieved at Multan.
|
|
Via Muzaffargarh by the Sindh-Sagar Branch of the
North-Western Railway.
|
Shall be relieved at Multan.
|
|
From ajmere and Ahmadabad to Lahore.
|
Shall be relieved at Hissar.
|
|
From Karachi to Delhi
|
…
|
Shall be relieved at Bhatinda.
|
|
From Bombay to Peshawar via Godhra-Rutlam Nagada.
|
Shall be relieved at
Delhi, Ferozepore and Rawalpindi.
|
|
From Bombay to Peshawar via Ahmadabad and Marwar.
|
|
From Bombay to Peshawar via Bhushal (G. I. P. Railway).
|
|
|
|
|
|
|
GUARDS AND ESCORTS
FORM No.
18-20.
Police Department. __________
District.
COMMAND CERTIFICATE OF AN ESCORT PROCEDDING IN CHARGE
OF ……………. TO …………….
|
1
|
2
|
3
|
4
|
5
|
|
Strength of Escort
|
|
Name of
officer in command
|
Nature of duty
|
Mode of transit and where to be relieved
|
Note of special orders.
|
|
Nos.
|
|
Gazetted Officers
|
…
|
|
|
|
|
|
|
Inspectors
|
…
|
…
|
|
Sergeants
|
…
|
…
|
|
Sub-Inspectors
|
…
|
…
|
|
Assistant Sib-Inspectors
|
…
|
|
Head Const-ables.
|
Mounted
|
…
|
|
Foot
|
…
|
|
Const- ables
|
Mounted
|
…
|
|
Foot
|
…
|
|
|
…
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(Standard Form).
Report of arrival and of relief to be noted on
reverse.
DISTRICT POLICE OFFICER:
Superintendent
of Police.
The
…………………19 .
GUARDS AND ESCORTS
FORM No.
18-47.
FROM
Superintendent of Police,
To
Superintendent of Police,
Dated----------------------------
No.
Received
-----------------------
Informs him that an escort of the following strength-
|
|
Number
|
|
Inspectors
|
|
|
Sergeants
|
|
|
Sub-Inspectors
|
|
|
  Assistant Sub- Inspectors
Mounted
Head Constables
Foot Mounted
Constabels
Foot
|
|
|
Total
|
|
Will have this
district in charge of ----------------------------------------------------------------------------------------------------------
to proceed to ----------------------------------and travel by
----------------------------------------------------.
Requests that a relief of equal strength
may be held in readiness to relieve the police of this district on the
--------------------------.
(Standard Form)
CHAPTER XIX-Training and Examination.
19-1. Importance
of training – Successful police work depends very largely on each individual
officer acting correctly on his own initiative. The police force of a district
or province can be compared to an intricate machine the inefficiency of one cog
of which may mean in some important instance the inefficiency of the whole. If
follows, therefore, that the training of each individual officer to do the work
allotted to him is of the highest importance.
Superintendent of Police shall give their
attention to the training of all officers and men serving under them. The
object of such training shall be to inculcate in police officers habits of
physical health, activity, discipline, self-reliance, observation, punctuality,
sobriety, courtesy and straight-forwardness of details of the work required of
them. Training shall be a continuous process are responsible that junior
offices serving under them are given instruction and opportunities of acquiring
experience of as many branches of police work as possible. Offices are required
to communicate instruction received at the Police Training School and elsewhere
to other offices serving under them.
19-2. Training
of recruits – (1) Except in exceptional circumstances, which shall be reported
to the Deputy Inspector-General of the range, recruits shall not be passed into
the ranks until they have undergone six months training and instruction.
(2) The following training and instruction
shall be given to recruits:---
(a) A course of drill and instruction on the
lines laid down in Chapter 1 of the Police Drill Manual, Punjab, 1929. A
separate programme and time table shall be made out for each squad of recruits
and shall be kept to throughout the course.
(b) A course of instruction in the
headquarters lines school as laid down in rule 19-10.
19-3. Examination
of recruits – (1) At the completion of the training laid down, recruits shall
be examined on parade by a gazetted officer or reserve inspector in each of the
subjects taught in the course mentioned in rule 19-2(2)(a) and marks awarded.
(2) An officer shall be appointed by the
Superintendent of Police to examine recruits in each subject taught in the
headquarters lines school.
The list of recruits examined according to
this rule together with the marks awarded, shall be forwarded to the
Superintendent of Police who shall decided in the case of the first examination
whether the men shall be passed, discharged under the rule 12-21 or given
further training. As regard the seconds examination he shall ordinarily
discharge a recruit under rule 12-21, grant him a certificate of education of
the 1st and 2nd class to be inserted in his character
roll or remand him for a further period of instruction.
A certificate of education of the 1st
class shall mean that the recruit is sufficiently educated to enable him to
learn the duties of an assistant clerk of a police station. A certificate of education
of the 2nd class shall meant that the recruit is able (1) to read
and write simple Urdu sentences; (2) to tell the time on a clock; (3) to read
Roman figures and numerals and to do very simple sums of addition, subtraction
and division. In cases in which recruits are illiterate or nearly so
Superintendents of Police may pass them into the ranks without a certificate of
education when they are above the average standard in other respects.
19-4. Training
while in reserve – On his passing into the ranks under rule 19-3 a recruit
shall ordinarily be included in the first armed reserve in accordance with rule
17-9(2). During the further six months he remains in the reserve the recruit
will be required to continue his education in the headquarters lines school.
19-5. Further
training of constables – (1) The fact that a recruit has been passed into the
ranks under rule 19-3 shall not be taken to mean that he is a fully trained
constable. A constable under three year’s service is at any time liable to
discharge under rule 12-21. During the whole of this period he shall be kept
under close supervision and reported on at intervals of six months in Form
19-5(1) by the sub-inspector or inspector under whom he is working through his
gazetted officer to the Superintendent of Police.
The orderly head-constable shall maintain a list of
constables under three year’s service. He shall submit the name of each man and
month before he is due for confirmation to the Superintendent together with his
personal file, which shall contain the form 19-5(1) referred to in this rule.
Gazetted officer are expected to make themselves
acquainted, as far as possible, with the characters and careers of all
constables under three years service and shall be responsible that the names of
men unlikely to make efficient police officers are brought to the notice of the
Superintendent.
(2) On being transferred from the lines after
completion of his training in the first reserve, a constable under three year’s
service shall be instructed in the practical duties of a constable y the
inspector or sub-inspector under whom he is serving. He shall be sent out on
beat, patrol, traffic and other duties with a selected senior constable who
shall be made to feel his responsibility for the instruction of the younger
man.
19-6. Annual
training of constable – (1) Every constable posted at a police station, or
out-post, shall be called into lines annually for one month’s training in drill
and instruction in the headquarters school. He shall be examined by a gazetted
officer or reserve inspector before returning to his police station. Any
constable failing to satisfy the officer holding this examination shall be
retained in lines for a further period. A one-month, his police station sending
no constable in is place.
(2) Constables transferred to lines for training under
this rule shall not be employed on other duties except in emergencies.
(3) During this course particular attention shall be
paid to the following matters:---
(a) The general smartening up of each constable
by attention given to the manner he wears his uniform and a short course of
physical training if he is not over 35 years of age.
(b) A short course of squad drill and
musketry instruction.
(c) The constable shall be put through the
annual musketry course with the .410 musket laid down in the Police Training
School Manual.
(d) A refresher course of elementary law and
procedure at the lines school.
19-7. Fatigues
by recruits – (1) Recruits shall not be employed on fatigue duties in the
lines, except general fatigues on which all men off duty are employed, or in
emergencies, when no other men are available. In this and other respects the
greatest importance shall be attached to the recruit’s training not being
interfered with and to his getting reasonable hours for rest and recreation.
But such fatigues shall in no case be permitted to interfere with the
attendance of any recruit at the headquarters lines school or his appearance on
parade.
(2) When necessary, recruits may be posted in turn as
unarmed sentries on their barrack rooms.
(3) The employment of recruits for fatigue purposes at
officer’s bungalows or quarters, or as orderlies to officers, is strictly
prohibited, and Deputy Inspector-General at their inspections shall insist on
the strict observance of this rule.
19-8. The
headquarters lines school – In every district a headquarters school shall be
established in the lines under the charge of a suitable assistant
sub-inspector. This assistant sub-inspector shall be designated head instructor
and shall ordinarily be posted to this duty for not less than one year. He
shall be responsible under the general supervision of the Lines officer or
reserve inspector that the school functions regularly according to the
programmes and time-tables made out by the gazetted officer in charge of the
lines or the reserve inspector.
19-9. Lines
school classes – The school shall be divided into two main portions for
literate and illiterate constables. If there is a large number of men under
instruction these may be further sub-divided into classes according to the
educational standards of the men. The highest class of all shall consist of
recruits who have studied up to the Entrance Examination of the Punjab
University or any higher examination. These recruits shall be employed as
assistant instructors and put in charge of classes of illiterate or
semi-illiterate constables for the teaching of reading, writing and arithmetic.
The time-tables shall be so arranged that these recruits acting as assistant
instructors may receive instructions in professional subjects and general
intelligence training. Good work done in the school by recruit assistant
instructors may be rewarded according to the discretion of the Superintendent
of Police.
19-10. Lines
school syllabus – The following subject shall be taught in this headquarters
school:---
1.
Illiterate constables and recruits,---
(a)
Elementary
reading, writing and arithmetic in Urdu.
(b)
Roman
letters and numerals;
(c)
Elementary
law and procedure as it affects the constable;
(d)
General
duties of the constable, especially as regards his specific duties on beat,
patrol and traffic duty ; his relations with the public ; the serving of
processes ; the carrying out of searches ; the proper method of describing a
person ; the various numbers and marks on motor and other vehicles and how to
read the clock and distinguish colours.
(e)
Matters
of departmental discipline;
(f)
Lessons
in “observation” by means of practice in tracking and by methods employed by
the Pelman Institute and the Boy Scout Association.
2. Literate constables and recruits,---
(a)
Elementary
law and procedure;
(b)
General
duties of the constable especially as regards his specific duties on bear,
patrol and traffic duty, his relations with the public; the serving of
processes, the carrying out of searches; the proper method of describing a
person the various numbers and marks on motor and other vehicle and how to read
the clock and distinguish colours;
(c)
Police
Rules;
(d)
Practical
police work on the lines of lectures to the Lower School of the Police Training
School but of a more elementary nature;
(e)
Lesson
in “Observation” by means of practice in tracking and by methods employed by
the Pelman Institute and the Boy Scout Association.
19-11. Participation
of officers in instruction – (1) As far as possible gazetted and non-gazetted
officers at headquarters shall be employed to lecture and teach in the
headquarters school. A programme shall be drawn up by the Superintendent of
Police specifying the officers who shall lecture and the days and subjects
allotted to them. With the help of this programme the gazetted officer in
charge of the lines shall make out programmes and time-tables for the various
classes detailed in rule 19-10.
(2) In
instructing at the headquarters schools officers shall bear the following principles
in mind:---
(a)
All
matters taught should be in strict relation to duties which have to be carried
out by constables and head constables.
(b)
Recruits
will learn most easily by practical illustration and demonstration.
(c)
Untill
the most elementary matters are mastered it is useless going onto more advanced
subjects.
19-12. Employment
of teachers of the education department – When circumstance permit teachers at
primary schools may be employed in their spare time to teach illiterate
constables and recruits in the headquarters school. These teachers may be
suitably remunerated form the grants of Superintendents for “Rewards to private
persons.”
19-13. Training
of selected constable – (1) With the object of selecting suitable constables
for admission to list A (rule 13-6) constables with 1st class
certificates of education shall be given further training as follows, as soon
as possible after passing their recruits course:---
(a)
They
shall be posted to clerical duty at headquarters under responsible supervision,
i.e., they should be posted to either
supernumerary or minor posts in the Urdu office, or to work under the orderly head constable or the
reader, or the office of a headquarter police station or clerical duty in the
lines. The object of this posting is to test the constable’s industry and
intelligence and his capacity for the work of an office.
(b)
While
posted as above, they shall attend the headquarters school for two hours daily,
at time to be fixed to as not to interfere with the official office hours. At
the school they shall be taught the rudiments of law and police rules and shall
receive lectures from selected officers on varied subjects connected with the
duties of a police constable.
2. The
period of training prescribed above shall last from two to three months. At the
end of that period the persecuting inspector, or other officer under whose
supervision an educated constable has been posted for part (a) above shall report in form 19-5(1) as
to his progress, and the estimate which has been formed of this industry,
intelligence and character. An examination shall be held by a gazetted officer
or, if one is not available, an inspector, to test the results of the course
prescribed under (b) above. This
examination shall be partly written and partly oral and shall be aimed at
testing the intelligence of the examinees in applying what they have been
taught to practical conditions. The office conducting the examination shall add
to the report, submitted on each constable in respect part (a), his own estimate of the man’s
ability. These reports and the results of the examination shall then be
submitted to the Superintendent for orders. In making his decision the
Superintendent shall be guided by the consideration that the training which
will automatically follow from the admission of a constable to list A has as
its object the productions of a man fitted for the rank of head constable. NO
man should be held to have passed the tests prescribed in this rule unless, in
addition to having given proof of education sufficient to enable him to take
the lower school course at the Training School, he has performed the ordinary
duties of a constable at a police station for at least six months, and is
judged likely on general grounds to be fitted, after further training, to command,
instruct and exercise responsibility as a head constable.
19-14. Preliminary
training of candidates for the lower school at Phillaur – The selection of
constables made under rule 13-7 shall be made at least three months before the
men are due at the Police Training School. It shall be made after the men
competing have been called into lines and put through a short “refresher”
course of drill and instruction in the headquarters school, at the end of which
they shall examined in competition. After regard has been had to those
candidates nearing the age limit, selection shall be made as far as expedient,
according to the result of this competition. The men selected shall be posted
to police stations as assistants to station clerks or on similar duty until
they are due to be sent to the Police Training School.
19-15.
Cancelled.
19-16.
19-17. Training of trackers – In order to maintain an adequate supply of
skilled tracers in the force, should be made to select police constables with
an aptitude for the work and attach them to a police officer, who is a
professional tracker, for practical instruction. Such of the elements of
tracking as can be learnt from text-books-such as those used by the Boy Scout
Association –should be taught in headquarters school; arrangements should be
made for practical instruction and tests under the guidance of a professional
tracker or of an instructor who has qualified by the methods of the Boy Scout
Association or other similar organization.
19-18. Instruction
of recruits on first joining – The chief drill instructor and Lines
school-master shall be responsible for instructing all recruits within the
first month of their service in the purport of section 7 of the Police Act,
under which they are appointed, the general and special obligations of their
service and the penalties to which they are amenable under the Police Act and
Police Rules. Especially in the case of uneducated recruits this instruction
shall be given in general terms and in simplest language, but it is essential
that all newly appointed police officers should have received, prior to the
preparation of their character rolls under rule 12-29, sufficient instruction
to enable them to appreciate the purport of the agreement which they are then
called upon to sign.
19-19. Staff of
drill instructors – In each district a competent staff of drill instructors
shall be maintained. No constable or head constable shall be employed as a
drill instructor for a longer period than two years at a time with an interval
of at least one year between. In districts where two drill instructors are
sanctioned for lines there shall be at least four trained instructors in the
district and in other districts this proportion shall be maintained.
19-20. Training
of drill instructors – (1) There shall two courses ehac year for drill
instructors at the Police Training School:---
(1)
From
1st April to 15th August.
(2)
From
1st October to 15th March
Superintendents shall personally select smart literate
head constables and constables of good moral character and physique, who
possess an aptitude for drill, to attend this course. Constables selected shall
be such as are considered by the Superintendents likely to become efficient
head constables for general course they shall be tested and certified have
reached the following minimum standards of athletics:---
(a) 100 yards in 132/5
seconds
(b) High Jump 4 feet
(c) Long Jump 15 feet
Should no men of the above standard be available in
any district the Superintendent shall apply to the Deputy Inspector-General for
a man to be transferred from another district either before or after training.
(2) A refresher course for trained drill instructors
is held at the Police Training School from January 3rd to February
16th and from May 1st to June 15th each year.
19-21. Physical
training instructors – The Principal of the Police Training School, in
returning men of the drill instructors class to their districts, shall indicate
in his report men whom he considers likely to make good physical training
instructors. Such men may be returned to the Police Training School for the
physical training course, which shall be held from November to 23rd
December each year.
Should any district have no suitable candidates for
this course the Superintendent shall apply to the Deputy Inspector-General for
a man to be transferred from another district either before or after training.
19-22. Drill and
physical training at the Police Training School – (1) The Principal, Police
Training School, may retain for service at the school any head constable or
constable deputed form districts for training under rules 19-20 and 19-21.
Without the approval of the Inspector-General no drill or physical training
instructor may be retained for service at the school for more than three years
at a time there being an interval of at least one year before he is again so
employed. The Principal, Police Training School, Phillaur, is empowered to
enter Police Training School, Drill Inspectors directly into the lower school
course after their three year’s period of deputation, provided that they are
sufficiently educated and their service at the Police Training School has been
satisfactory.
(2) All promotions of drill an physical training
instructors made at the school shall be temporary and all such men shall revert
to their substantive ranks on return their districts. Drill Instructors
returned form the Phillaur Drill Staff should not be employed, even
temporarily, as Drill Inspectors in districts without the sanction of Range
Deputy Inspector-General of Police.
(3) All lower subordinates employed as drill and
physical training instructors at the Police Training School shall be shown on
the promotion lists A, B or C of their districts as “Seconded to the Police
Training School”. They shall be considered equally with other men of their
districts promotion. For this purpose the Principal, Police Training School,
will furnish an annual report in form 19-22(3) on all drill and physical
training instructors to the Superintendents of the districts concerned. In the
case of upper subordinates confirmed as such, these reports shall be submitted
to the Deputy Inspector-General of the range from which the men were deputed to
the Police Training School for inclusion in their personal files.
19-23. Selection
of drill and physical training instructors for Police Training School – Drill
and physical training School will, on passing their courses, be included in a
list to be maintained by the Principal, Police Training School. This list will
show their qualification, and remarks as to whether they are considered fit for
employment as instructors at the school shall be added by the Principal.
On vacancies occurring on the staff in consequence of
rule 19-22 above, these shall be filled by selection from successful students
of the drill instructors class or from the list maintained under this rule.
19-24. Training
of buglers – In districts where local arrangements with regiments cannot be
made, Superintendents of Police may depute suitable recruits under the age of
19 to the Police Training School for training as buglers. Before sending such
recruits for training, however, efforts shall be made to ascertain that they
have the makings of a bugler.
19-25. Training
of upper subordinates – (1) Inspector, sub-inspectors and assistant sub-inspectors,
who are directly appointed, shall be deputed to the Police Training School to
undergo the course of training laid down for such officers in the Police
Training School Manual and are liable to discharge in they fail to pass the
prescribed examinations or are badly reported on.
(2) On successfully completing the course at the
school, upper subordinates will be posted to districts for practical training.
The following programme of instruction shall be followed.
Course A – Prosecuting
Inspector’s work,---
(a) Maintaining registers.
(b) Checking challans.
(c) Making a police brief.
(d) Working as assistant prosecuting
inspector.
(e) Working as assistant prosecuting
inspector in the Sessions Court.
(f) Personally prosecuting cases.
Course B – Police
Lines,---
(a) Working as orderly head constable,
keeping up files and registers and doing the actual work of the orderly head
constable.
(b) Reserve inspector’s and Lines officer’s
duties, doing the actual word.
Course C – Office
of Superintendent,---
(a) Working as assistant clerk in English
office.
(b) Working as record-keeper.
(c) Working as return-writer.
(d) Working as assistant reader to
Superintendent.
(e) Working as assistant accountant.
Course D – Training
at a Police Station,---
(a) Working as station clerk for two months.
(b) Assisting in the investigation of cases
and learning the duties of officer in charge of a police station under the
immediate supervision of the officer in charge of such a station for a period
of six months.
(c) Working as additional investigating
officer in a police station for one year, or, in the case of an inspector, as
additional district city or reserve inspector.
(3) Ordinarily course A shall last for 3 months,
courses B or C for 6 weeks each and course D for the remaining probationary
period. Directly appointed upper subordinates will thus be under training for 3
years before they are confirmed.
(4) On the completion of each course the probationer
shall be examined by the Superintendent, who shall satisfy himself that the officer
has obtained efficiency before allowing him to commence another course, and
concise report regarding the progress made shall be submitted to the Deputy
Inspector-General in Part IV of form 19-25(5).
(5) On the termination of the prescribed period of probation
the Superintendent shall submit, to the Deputy Inspector-General for final
orders the full report required by Form 19-25(5) on the probationer’s working
and general conduct, with a recommendation as to whether he should or should
not be confirmed in his appointment. In the cae of inspectors such reports
shall be forwarded to the Inspector-General.
The progress and final reports shall be filed with the
character rolls of the officers concerned.
19-26. Training
of Prosecuting Sub-Inspectors – (1) (i)
Directly appointed Prosecuting Sub-Inspectors shall be on probation for a
period of three years. They shall normally be appointed in the end of February
or the beginning of March and shall be deputed to attend the 12 months
Prosecuting Sub-Inspectors course at the Training School commencing from the 15th
March each year.
(ii) Officiating Prosecuting Sub-Inspector
directly appointed against temporary or deputation vacancies will also be
deputed to attend this Prosecuting Sub-Inspectors course at the Training School
as soon as possible after appointment.
(iii) With the sanction of the Deputy Inspector
General of Police or Assistant Inspector General, Government Railway Police,
Assistant Sub-Inspectors and Sub-Inspectors with not more than six years’
service in that rank and with a thoroughly good knowledge of English, which
must be spoken and written fluently, may be permitted to attend the Prosecution
Sub-Inspectors’ Course at the Training School along with the directly appointed
Prosecuting Sub-Inspectors with a view to qualifying for employment as
Prosecuting Sub-Inspectors.
No police officer shall be deputed to the Training
School for undergoing the Prosecuting Sub-Inspector’s Course who, apart from
possessing the necessary educational qualification, does not possess a
thoroughly good reputation for honestly and general character, and who has not
shwon himself to be capable investigating officer.
(2) Training
at the School shall be given in:---
(a)
Drill
(all subjects except Musketry).
(b)
Equitation.
(c)
Revolver
firing.
(d)
Delivery
of an opening address.
(e)
Local
and Special Laws.
(f)
Medical
Jurisprudence.
(g)
The
Finger Print System.
(h)
Police
Rules.
(i)
Scientific
Aids to Investigation.
(j)
Plan
Drawing.
(k)
Preparation
of Memoranda, drafting of appeals and revisions, etc.
(l)
Evidence
Act.
(m)
Indian
Penal Code and Criminal Procedure Code.
(n)
High
Court Rules and Orders, Volume III.
Practical training of directly appointed Prosecuting
Sub-Inspectors – (3) On successfully completing the course at the School,
directly appointed Prosecuting Sub-Inspectors will be posted to rural police
stations for six months’ practical training under experienced selected
Sub-Inspectors, after which they will work for 1- ½ years as Prosecuting
Sub-Inspectors. On the conclusion of this period, provided they have given
satisfaction, they shall be confirmed in their appointments. Their confirmation
shall, however, depend on the reports received from the Principal, Police
Training School, and from the Superintendent of Police of the district to which
they are posted. The Principal shall make a report on the capacity and
character of each officer as evidenced by his conduct while under training at
the School, and the Superintendent of Police shall submit half-yearly reports
showing his progress in practical work.
(4) In the
case of officers who are appointed officiating Prosecuting Sub-Inspectors
against temporary or deputation vacancies and are subsequently absorbed in
substantive vacancies the Inspector General of Police may, be special order in
each case, permit period of officiating service as Prosecuting Sub-Inspector to
count towards the period of probation provided the courses of training and the
examinations prescribed in rule 19-28 have been undergone and passed.
19-27. Training
of European Inspectors and sergeants – (1) European and Anglo-Indian sergeants
and inspectors appointed under rule 12-4 shall be on probation for three years.
As soon as possible after appointment they shall be deputed for training in the
upper school at the Police Training School Training and shall go through the
six months’ course prescribed in the Police Training School Manual. Any
probationary sergeant or inspector failing to pass his examination, or who may
be adversely reported on by the Principal, shall ordinarily be discharged.
Reports shall be submitted half-yearly in form 19-25(5) by Superintendent of
Police or the Assistant Inspector General, Government Railway Police, on all
such probationers serving under them, to the Inspector General who will
discharge any officer who proves to be unsatisfactory.
(2) There
shall be a refresher course for three months from the 1st October at
the Police Training School for senior sergeants seeking to qualify for the rank
of inspector. The course shall be a practical and specialist one and on the
lines of the gazetted officers’ course, the intention being to turn out good
investigation and controlling officers and shall include a sound grounding in
the accounts chapter of the Police Rules.
Ordinarily all sergeants shall pass this course before
admission to list F (rule 13-15).
Selections for the this course will be made by the
Inspector General of Police about three months before the course in due to
begin, the enable selected officers to read their law and rules before
proceeding to Phillaur.
19-28. Prosecuting
Sub-Inspectors’ Examination – (1) The Prosecuting Sub-Inspector’s examination
will be held annually at the Police Training School at the end of the normal
school year, i.e., in February or
March. Officers must satisfy the Principal that they have attained a
sufficiently high standard in Drill, Equitation and Revolver Firing in addition
to obtaining the requisite percentage in the tests detailed in paragraph (3)
below.
(2) The
examination will be conducted by the Board assembled for the examination of the
Upper School.
(3) The
tests prescribed, for Prosecuting Sub-Inspectors are given in the following
table, which also shows the time allowed and the marks obtainable:---
|
Serial No.
|
Subject
|
Time allowed
|
Marks obtainable
|
|
(1)
|
(a)Reading a Police file and challan of a
case and preparing notes for an “opening speech” followed by.
(b)An opening speech in English of not
less than 10 minutes or more than ¼ hour’s duration before the Examination
Board.
|
5
hours.
10
– 15
minutes.
|
100
|
|
(2)
|
General Paper No. 1 consisting of ten
questions involving a detailed working knowledge of all Acts and Rules
normally used in Police work. (No books allowed).
|
3
hours
|
200
|
|
(3)
|
General Paper No. 2 similar or General
Paper No. 1 but including more intricate questions. (Books including,
commentaries allowed).
|
3
hours
|
200
|
|
(4)
|
Medical Jurisprudence (8 questions.)
|
2-
½ hours
|
150
|
|
(5)
|
Finger Print Bureau Manual, Parts I
and II (including comparison of finger prints) 10 questions).
|
3
hours.
|
200
|
|
(6)
|
Police Rules, Volumes 1 and 11 (10 questions).
|
3
hours.
|
200
|
|
(7)
|
Police Rules, Volumes III (10
questions.)
|
3
hours.
|
200
|
|
(8)
|
Scientific Aids to Investigation (5
questions and Practical test).
|
3
hours.
|
160
|
|
(9)
|
Plan Drawing.
|
3
hours.
|
100
|
|
(10)
|
Preparation of Memoranda, Drafting of
appeals and revision, etc.
|
Tests during training.
|
200
|
Test 1,2,3,6 and 7 will be held by the Board of
Examiners. The remaining tests will be held by the Principal.
(4) Candidates
who obtain 50 per cent. marks in each subject and 60 per cent. in the total
aggregate shall be held to be qualified for employment as Prosecuting
Sub-Inspectors. Those who obtain 60 per cent in each subject and 70 per cent in
the total aggregate shall be considered to have passed with credit. A
Prosecuting Sub-Inspector may not be promoted to the rank of Prosecuting
Inspector unless and until he is certified to have passed the Prosecuting
Sub-Inspectors’ Examination with credit. If he fails to achieve this standard
in the first instance, he may thereafter be given two further opportunities of
doing so.
(5) The
examination papers will be set by selected officers of the department to be
nominated by the Inspector – General of Police. These officers will forward
their papers in sealed covers to the Principal of the Police Training School at
least a fortnight before the date fixed for the examination. The Board shall
hear and award marks for the opening speech; the answers of the candidates in
other subjects shall be marked under the supervision of the Board of Examiners.
The result of the examination shall be forwarded to the Inspector – General of
Police, who will himself decide whether candidates shall be passed or rejected.
19-29. Deleted.
19-30. Musketry –
Method of Instruction. – The
method of instruction in musketry shall be as laid down in the Police Drill
Manual. Apparatus required such as tripods, aim correctors, black-boards, etc.,
shall be indented for from arsenals on the scale laid down in Equipment Tables
for Police and Jails.
19-31.
Musketry ranges. – In each district there shall be a musketry range for the
410 musket, constructed according to the instructions contained in the Police
Training School Manual.
19-32. Targets. – The targets used in the musketry courses prescribed in
rule 19-33 are described in detail in the Police Training School Manual.
19-33. Musketry courses.
– There shall be two musketry
courses fired yearly in districts as follow:---
(a)
A
course with the .303 H.V.Rifle
(rule 19-37).
(b)
Trained
policeman’s course with musket (rule 19-34).
Course (A) shall be fired by all recruits during their
training and annually by the Mounted Police and the two-armed reserves formed
in accordance with Rule 17-9 and double the strength of the Government Railway
Police emergency reserve. No men will be required to fire the course if they
have already fired it within the past 12 months as recruits.
Course (B) shall be fired annually by not less than 75
per cent of lower subordinates in each district excluding the Mounted Police
and the two-armed reserves, and in the Railway Police double the strength of
the emergency reserve. Recruits shall only pass the elementary parts of this
course as laid down in the Revised Rules regarding Musketry and Revolver
practice of the Police Training School Manual.
19-34. Annual course with the .410 musket.
– (I) The annual course (B) shall be conducted
throughout the year, so that it may be completed by the end of December. It
shall be conducted at the headquarters of districts and of the Government
Railway Police and shall be superintendent by a gazetted officer whenever
possible, otherwise by the reserve inspector or other competent uppur
subordinate selected by the Superintendent of Police or, in the case of Railway
Police, by the Assistant Inspector – General, Government Railway Police.
(2) The
Details of this course, the method of scoring, precautions to be taken against
accidents, the duties of supervising officers and the registers of range
practices are all contained in the Police Training School Manual. All
instructions contained therein shall be carefully noted and complied with.
Gazetted offices, reserve inspectors and Lines officers shall make themselves
thoroughly acquainted with these instructions.
19-35. Musketry Returns. – (I) Each Superintendent shall submit an annual target
practice return on the 15th January, in form 19-35 (I), to the
Deputy Inspector – General, Government Railway Police shall prepare a similar
return. The target practice of trained police officers and recuits shall be
exhibited separately on such returns. In column 5 of the return shall be
entered the “Figure of Merit” of trained men and recruits, separately. The
figure of merit shall be calculated according to the following formula:---
Number
of points obtained X 100
Figure of merit
------------------------------------------------------------------------------
Highest possible score per man
+ number of men firing
Example.
– Number of points obtained … 3,150
Highest
possible score per man …
36
Number
of men firing … … 150
3,150x100
Figure of merit ------------------------------- =
58.33
36x150
NOTE
In determining the district figure of merit in the
case of police officers firing the course more than once their first scores
only shall count.
(2) Deputy
inspectors – General, after communicating to Superintendents such instructions
in regard to these returns as may seem to them to be necessary shall record
them in their own offices.
(3) On
receipt of all such returns for the range, the Deputy Inspector – General shall
forward an abstract, showing the figure of merit for each district in the
range, to the Inspector – General for information and for publication in the Police
Gazette. The Assistant Inspector – General, Government Railway Police,
shall submit a similar abstract to the Inspector – General. No district, in
which the number of men exercised during the year is less than 75 per cent of
the sanctioned strength, shall be entitled to show a figure of merit.
19-36. Cancelled.
19-37. Annual course
with .303 Rifle. – The detail of
the annual musketry course (A) and the method of scoring are given in the
Police Training School Manual.
A course for recruits with the 22 miniature rifle with
instruction as to the miniature range and targets is prescribed in the Police
Training School Manual. Whenever possible recruits should be put through the
miniature course before being taken on the long range.
19-38. Rewards for shooting. – In districts and the Government Railway Police rewards
to the aggregate value of Rs.25 may be given to the three best shots in the
district. Such prizes shall be of the following values and may be charged in
the General Contingent Bill under “Rewards”:---
Rs.
1st prize … … … 12
2nd prize … … … 8
3rd prize … … … 5
19-39. Marksmen’s badges. – All police officers qualifying as marksmen shall be
awarded a marksman’s badge. For the course with the smooth-bore musket the
badge shall be a badge of crossed rifles; for the course with the H.V.Rifle the
badges shall be a badge of crossed rifles and star. The senior badge alone
shall be worn by any police officer who may have earned both. All musketry
badges will be worn on the left arm.
The award of such badges shall be entered in character
rolls, the year of award being shown.
Any officer in possession of a badge who fails at the
next annual course to maintain his standard of shooting shall forfeit his
badge.
19-41. Training in firing on mobs. – (I) At the conclusion of the annual musketry course
(B) each lower subordinate shall be put through the drill prescribed in Chapter
VIII of the Drill Manual. All upper subordinates and officers present at
headquarters shall be given practice in using the words of command prescribed
for this drill.
19-42. Revolver practice. – (I) All gazetted officers and upper subordinates shall
be taught to become efficient in the use of their revolvers. Instruction shall
be in accordance with the orders contained in Chapter VI, Police Drill Manual,
1929.
(2) The
annual target practice, which shall be under the personal supervision of a
gazetted officer, shall take place at the same time as the meetings of
non-gazetted offices prescribed in rule 20-19.
(3) The
course to be fired and the method of scoring are contained in the Police
Training School Manual.
19-43. Training of Probationary Assistant
Superintendents of Police. – The training
of probationary Assistant Superintendents of Police shall extend over two
years, divided into the following four periods:-
First period (1st
November to 31st May).
This period of seven moths will be spent at the Police
Training School Phillaur, where probationary-gazetted officers will be trained
in accordance with the instructions contained in the Police Training School
Manual.
Probationary-gazetted officers recruited in England
will join the School for this course as soon as they arrive in the Punjab from
England. Probationary-gazetted officers recruited in India will ordinarily
be posted to the School immediately on their appointment to the service.
NOTE
Between the date of their appointment and the
commencement of this School Course, probationary gazetted officers recruited in
India will be posted to selected district for practical training on the lines
laid down below for the fourth period.
Second period (1st
June to 30th September)
For this period of
four months probationary-gazetted officers will be posted to selected district
where they will continue systematically their study of Urdu, Criminal Law,
Department Rules, Police Accounts and Medical jurisprudence, under the
supervision of the Superintendent of the district and the Deputy Inspector –
General of the range. During this period, the Superintendent of Police will
also arrange for these officers to study closely the whole working of a police
station, two police stations at least being thoroughly inspected under his
guidance with detailed reference to Chapters XIX to XXVIII inclusive of the
Police Rule. Facilities will also be arranged during these months for a
practical study of the rules and regulations relating to district police
accounts.
Third period (1st
October to about the middle of December)
This period will be spent at the Police Training
School, Phillaur, where they will go through the courses laid down in the
police Training School Manual.
Fourth period (December to
the 1st November of the following year).
For this period, officers will be posted to selected
districts for practical instruction. In addition to the practical study of all
branches of the working of the district police, probationary-gazetted officers
shall devote at-least two house daily to the study of Punjabi (or Pushtu, if
posted to the North-West Fronier Province) under the guidance of a competent
instructor, until they have qualified in this language.
For the guidance of Superintendents to whom the
training of probationary gazetted officers has been entrusted, the following
specimen courses of training are given. It is not intended that these courses
shall be strictly adhered to but that Superintendents make out similar courses
suited to the individual officers concerned, the circumstances of the district
and the stage of training already reached by the probationers.
For the first 4 months of his training.
A.
(1) He
should attend morning parade at least 3 times a week and recruits parades at
any time during the day at least twice during each week.
(4) He should personally distribute the pay
of the headquarters at least once.
(5)
Once
personally check all arms, ammunition and stores with the registers concerned
under the direction of the Superintendent of Police.
(6)
Attend
throughout at the hearing of at least two Sessions cases of importance and
submit a daily report to the Superintendent of Police of the proceedings of the
court.
(7)
Check
the cash book referring to Chapter X of these rules.
For the second 4 months of his training
B.
(1) Attend for one week while the Superintendent is dealing with
his morning post, nothing the action taken on each letter and referring to
Police Rules where necessary.
(2) He
will once inspect, under the supervision of the Superintendent of Police, and
referring to police rules, the English and Urdu offices and will submit a
report.
(3) He
will check, under the supervision of the head of the prosecuting agency, four challans
in important cases and take them to the Superintendent of Police for
criticism.
(4) He will accompany a selected
inspector or sub-inspector during the investigation of at least three
cognizable cases, and should prepare, in English, diaries and forms in the
cases, not for use in the cases, but to be submitted to the Superintendent of
Police and to be commended on by him.
For the third 4 months of his training
He should be put in charge of four
contiguous police stations of the district. At his first inspection of each of
these police stations the Superintendent of Police shall be present and shall
tour with him, visiting villages and instructing him in the duties of a
gazetted officer on tour, as detailed in rule 20.7.
During this period, when at
headquarters, he will interest himself in the work of the Central Intelligence
Agency.
Superintendents of Police to whom
the training of probationary gazetted officers is contrasted will be held
personally responsible for so controlling and directing their training that the
text-book and theoretical training received as the Training School shall be
adjusted and applied to the practical work of a gazetted officer.
It is further the personal duty of
the Superintendent to give to probationers serving under him that help and
guidance in matters of personal conduct, judgment and tact, without which few
young officers can fully develop their powers to the best advantage of the service.
19-44. Course of training and
examination for Deputy Superintendent – Probationary Deputy
Superintendent of Police who have received direct appointments will undergo the
same course of training and be required to pass the same examinations as probationary
Assistant Superintendents.
19-45. Language examinations for
Probationary Assistant Superintendent of Police – (I) Each probationary
Assistant Superintendent of Police is required to pass, within two years of his
appointment the same examination in Urdu and within 3 years of his appointment,
the same examination in Punjabi (including the written test) as that prescribed
for Assistant Commissioners. The dates and times of these examinations, which
are held twise annually annually in Lahore, will be notified in advance in the Punjab
Gazetted.
The Inspector-General of Police may,
however, exempt from passing the departmental examination in Urdu, such
Probationary Assistant Superintendent of Police who have, before joining
service, duly qualified in Urdu or Persian at a recognized University.
Assistants posted to the North-West
Frontier Province shall pass in Pashtu (by the Higher Standard) within:---
(a) three
years of their appointment, if posted to the North-West Frontier Province, during the first 2 years
of their service.
(b) One
year of their being posted to the North-West Frontier Province, should such
posting take place, when they have completed more than 2 years service.
It shall not be compulsory for any Assistant
Superintendent of Police while posted to the North-West Frontier Province to
qualify in Punjabi.
(2) No Assistant Superintendent of Police will be
allowed to draw his second increment of pay until he has passed his
departmental examinations in Law, Police Rules, the Finger Print system, drill,
musketry, revolver practice, equitation and First Aid to the injured, and the
prescribed examination in Urdu. No Assistant Superintendent of Police will be
allowed to draw his third increment of pay until he has passed these
examinations and, in addition, the prescribed examination in Punjabi, cr,
should he have been posted to the North-West Frontier Province within two years
of his first appointment, the prescribed examination in Pushtu. But this rule
may be suspended by the Provincial Government in any special circumstances.
Increments of pay in the above mentioned cases shall be granted with effect
from the date following that on which the examination ends.
(3) An Assistant Superintendent of Police posted to
the North-West Frontier Province when he has more than 2 years service will be
entitled to draw his next increment of day, provided that he is not under
stoppage under sub-rule (2) above, when if becomes due to him. The drawal of
further increments will thereafter be dependent on his having qualified in
Pashtu. An Assistant Superintendent of Police who has not qualified in Punjabi,
reverting for any reason to the Punjab, will be required to qualify in that
language.
19-46. Other examinations in oriental languages. – (1) He shall take the second examination in Punjabi
held after his return. Should he fail to qualify he shall be allowed two
further chances, but on failing in the fourth examination after his reversion
he will case to draw further increments of pay until he qualifies.
(2) With the special permission of the Punjab
Government, a limited number of officers of the Punjab Police who are other
quartered in the Dera Ghazi Khan, Mianwali and Attock districts or likely to be
so quartered, may appear at the examinations by the higher standard in Pashtu.
Such officers will, on passing the examination, be entitled to reward of
Rs.500. The examinations are held at Peshawar, Dera Ismail Khan and Lahore in
the first Monday in April and the last Monday in October and following days.
Applications to appear shall be forwarded to the Inspector – General not later
than the 1st March and 1st October.
October officer, including European and Anglo-Indian
Deputy Superintendent of Police, may appear for the examination with the
sanction of the inspector – General, but will not draw any reward on passing.
Any officer who has province, be entitled to draw language pay at the rate of
Rs.100 per mensem, expect when serving in the Hazara district; provided that an
officer who has already received a cash reward for passing the examination will
not be allowed to draw language pay until he has refunded the whole amount of
such reward.
Note –
Detailed instructions regarding examination in Pashtu are contained in
Government of India, Foreign and Political Department, notification No.
2321-Rst.-B o f23rd October 1918.
(3) Officers of the Imperial branch of the Indian
Police are eligible to appear at and receive the honoraria authorised for
passing any oif the following examinations in Oriental Languages:---
|
1
|
2
|
3
|
|
Standard
|
Language
|
Donations
|
|
|
|
|
Rs.
|
|
1.
|
Preliminary … …
|
Persian
and Arabic … …
|
300
|
|
2.
|
Higher
Standard …
|
Sanskrit … … …
|
500
|
|
3.
|
Interpretership … …
2nd Class
|
Punjabi … … …
Urdu … … … …
Persian
and Arabic … …
|
750
750
900
|
|
4.
|
Interpretership … …
1st Class
|
Punjabi … … …
Urdu … … … …
Persian
and Arabic … …
|
1,500
1,500
1,800
|
|
5.
|
Degree
of Honours …
|
Urdu … … … …
Sanskrit … … …
Persian
and Arabic … …
|
3,000
5,000
5,000
|
Officers who are natives of India are not eligible for
rewards for passing in the vernacular of the district in which they were born
or educated. The Provincial Government shall determine in each case what
language come within this definition. No officer will be permitted to same
reward for passing an examination by the higher standard or the proficiency standard
after the completion of fifteen year’s service. In the case of an examination
for the degree of honour standard, there shall be no limit of time, and an
officer will be permitted to earn a reward by passing this examination at any
time within the period of his service.
Examinations are held in Lahore, Lucknow and Calcutta
twice annually in March and September or October, except in the case of the
proficiency standard in Punjabi, for which the examination is arranged by the
Director of Public Instruction, Punjab, in Lahore only twice yearly in the last
week of April and first week of November. Dates and particulars can be
ascertained on application to the Secretary to the Board of Examiners,
Calcutta. The full regulations governing these examinations are contained in
notification No. 36440 of 19th December 1934 published in the Punjab
Gazette of 21st December 1934.
19-47. Oriental language test for European and
Anglo-Indian subordinates – European and
Anglo-Indian subordinates are required to pass, as part of their final
examination at the Training School, and examination in Urdu of standard, which
will ensure that they can converse with reasonable fluency and grammatical
correctness, and can understand reports read to them in Urdu. Such officers
will receive instruction in Urdu from members of the school staff, under the
directions of the principal.
Form no. 19-5(1)
six-monthly
report on the training of constables
|
Constable No.
|
|
Name
|
|
|
1.
|
On what duties employed during the period under
report … … … …
|
|
|
2.
|
Has he acquired a working knowledge of those
portions of the law and Police Rules required of Constables? … …
|
|
|
3.
|
Is he always alert on duty? (Has he shown any
special interest) … … …
|
|
|
4.
|
Mention any occasion on which he has had to be
admonished by officers under whom he has been working … … …
|
|
|
5.
|
Is he of good moral character? …
|
|
|
6.
|
Give remarks regarding –
(a) His initiative;
(b) Attentiveness to duty;
(c) Intelligence;
(d) Behaviour with public;
(e) Special aptitude;
(f) Drive in
carrying out the orders of his officers … … … …
|
|
|
7.
|
Has he made serious efforts to assimilate
instructions given to him? … …
|
|
|
8.
|
Is he keen and smart in appearance? …
|
|
|
9.
|
Has he obtained any C.C or cash reward?
|
|
|
10.
|
Is he considered fir for promotion or any special
course? … … …
|
|
|
|
|
|
|
Dated 19 . Signature and rank
Form no. 19-22
Annual
report on drill and physical training instructors
Annual Report on
*________________________________ No. _______________________ (name)
________________________________________ of the _______________________district
forwarded under police rule 19-22(3) for information.
The above *
_______________________________________ has been seconded for service as a
drill / physical training insructor in the Police Training School since
_____________________.
He is fit / not fit for
promotion for the reasons given below.
*(Rank).
Principal,
Police Training School, Phillaur
Form no. 19-25(5)
progress
report of a probationary assistant sub-inspector, sub-inspector or inspector of
police
Part – I
1.
Name and Principal / Range No.
__________________________________________
2.
Father’s Name and profession
____________________________________________
3.
Religion and caste
_____________________________________________________
Village_____________________________________________
4.
Residence … Police Station
_______________________________________
District
____________________________________________
5.
Date of birth
__________________________________________________________
6.
Height and chest measurement ___________________________________________
7.
Where educated, with name of school or schools,
statement of educational qualifications and examinations passed
_________________________________________________
_________________________________________________________________________________
_______________________________________________________________________________
8.
Other qualification (Mention Territorial Force or
Boy Scout qualifications, athletic distinctions, ability to ride and any other
special attainments ________________________________
_________________________________________________________________________________
9.
Name and degree of relationship of, and appointments
held by, relatives in Government for other employ
________________________________________________________
10.
Home of family
_______________________________________________________
11.
Full particulars of family, including a brief
statement of claims, if any, ___________
________________________________________________________________________________
Deputy Inspector-General of
Police
Dated ______________19 . __________Range
FORWARDED to the Principal
of the Police Training School, Phillaur, together with the Character Roll,
Service Book and Certificate of Appointment of the Probationer.
It is requested that the
Principal will complete the Character Roll and Service Book by entering a
personal description of the Probationer, his next-of-kin, etc., and by
obtaining his finger impressions wherever required.
A Health Certificate will be
produced by the Probationer on his joining at Phillaur. An attested copy of
this certificate should be attached to the Character Roll.
Deputy Inspector-General of
Police
Dated ______________19 . __________Range
Part – I
1.
Appointed as Inspector / Sub-Inspector / Assistant
Sub Inspector of Police with effect from ______________________________________
vide Order Book No. ____________________ dated ____________________.
2.
Half-yearly progress report by the Principal of the
School:---
_________________________________________________________________________________
(a) First
half-year:---
Dated ______________19 . Principal
_________________________________________________________________________________
(c)
Second half-year :-
Final Report :-
Result
of training ________________________________________________
Order
of passing ________________________________________________
General
remarks as to character, qualifications, etc. :-
Dated ______________19 . Principal
_________________________________________________________________________________
FORWARDED
to the Deputy Inspector-General of Police, ___________________________ Range,
together with the Character Roll and Service Book.
Dated ______________19 . Principal
Part – III
1.
____________________ is transferred for further
training to the _________________ district with effect from
____________________________________________________________.
2.
_____________________ is dischargedfrom the Police force
with the effect from ________________________________________ on the ground of
__________________________.
note
Whichever of the above entries is inapplicable
should be reused.
3.
Special instructions, if any
__________________________.
Deputy Inspector-General of
Police
Dated ______________19 . __________Range
_________________________________________________________________________________
FORWARDED
to the Superintendent of Police, _____________ District, together with the
Character Roll and Service Book of the Probationer.
Deputy Inspector-General of
Police
Dated ______________19 . __________Range
Part – IV
FORWARDED
together with the Character Roll and the Service Book, to the Deputy
Inspector-General of Police, ___________ Range (vide Police Rule
19-25(5))
Course “A”
Report by the Superintendent
of Police.
Orders
by the Deputy Inspector-General,
____________Range
Superintendent of Police, Deputy Inspector-General of Police,
__________Range __________Range
Course “B”
Report by the Superintendent
of Police.
Orders
by the Deputy Inspector-General,
____________Range
Superintendent of Police, Deputy Inspector-General of Police,
__________Range __________Range
Course “C”
Report by the Superintendent
of Police.
Orders
by the Deputy Inspector-General,
____________Range
Superintendent of Police, Deputy Inspector-General of Police,
__________Range __________Range
Course “D”
Report by the Superintendent
of Police.
Orders
by the Deputy Inspector-General,
____________Range
Superintendent of Police, Deputy Inspector-General of Police,
__________Range __________Range
Full report by the
Superintendent of Police __________________ District on termination of the
prescribed period of probation (vide Police Rule 19-25(4)).
Superintendent of Police,
Dated ______________19 . __________Range
Final orders of the
Inspector-General of Police in the case of Inspectors, and of the Deputy
Inspector-General of Police. In the case of
Sub-Inspectors and Assistant Sub-Inspectors as to confirmation in his
appointment or otherwise, of the Probationer vide Police Rule 19-25(5).
Deputy Inspector-General of
Police,
Dated ______________19 . __________Range
Dated ______________19 . Inspector-General of Police, Punjab.
________________________________________________________________________________
Returned, together with the
Character Roll and Service Book to the Superintendent of Police, ______________
District (through the Deputy Inspector-General of Police, in case of
Inspectors).
Dated ______________19 . Inspector-General of Police, Punjab.
________________________________________________________________________________
NOTES
1. The Character Roll and
Service Book and the Certificate of Appointment under the Police Act will be
prepared in the office of the Deputy Inspector-General by whom all entries in
Part I of this form will be made. (The form of application and other original
papers regarding the probationer’s appointment will remain in the Deputy
Inspector-Genera’s Office).
2. The entries in Part II
will be made by the Principal of the School (The date of the probationer’s
appointment will be the date on which he reports his arrival at the School,
after the commencement of the term; and this date will be entered in the
Certificate of Appointment before delivery to the probationer).
3. The entries in No.2(a)
of Part II will consist of brief remarks concerning the probationer’s progress
generally, and will be made at the end of the first half-year, (b) will
be filled up after the final examination.
4. Part III will be filed yp
in the office of the Deputy Inspector-General.
5. In Part IV, the
Superintendent of Police, when recording his remarks about the probationer,
should gave references to any reports or correspondence concerning him which
may have taken place during the period of training.
6. This form will remain
permanently attached to the Character Roll of the officer concerned. In the
case of men rejected all papers will be returned to the Deputy
Inspector-General for record in his office.
CHAPTER XVII – HEADQUARTERS ESTABLISHMENT AND
RESERVES.
17.1 Lines establishment – (1) The
Lines establishment shall include the following:---
Reserve Inspector -
- Inspector
Lines Officer -
- Sub-Inspector
School master -
- Assistant Sub-Inspector
Lines Clerk -
- Head Constable
Kot Head Constable - - Ditto
Clothing and equipment clerk - - Ditto
Drill and gymnastic instructor - - Ditto
Assistant kot Head Constable - - Ditto
Assistant drill instructor - - Ditto
Armourer -
- Ditto
Bugler -
- Ditto
Barbers and washerman shall be given
a monopoly of work in police lines on contract on proper agreements in which it
shall be laid down both the obligations by which they are bound and the fees
that they might charge. In each police
line a properly fitted barber’s shop shall be provided and a suitable Dhobi
Ghat.
Strength of the lines establishment
– (2) The strength of the lines establishment shall be fixed by the
Inspector - General of each district,
according to its special circumstances and requirements, and shall be shown in
the distribution statement, Form 2.1.
(3) Such number of menial servants
shall be maintained in each district as may, from time to time, be sanctioned
by the Inspector – General.
17.2. Duties of reserve Inspector
- In districts where a reserve Inspector
is sanctioned the following shall be his duties:---
(i) The reserve Inspector under the
control of the gazetted officer in charge of the lines to the Superintendent
for the discipline, good conduct and training of the men stationed in the lines
and at all standing and other guards at headquarters.
He shall supervise and control the work of the Lines establishment
and be responsible for the correctness of the accounts. He shall also be in
charge of all the clothing, equipment, arms, ammunition, tents, stores, horses
and other animals in the custody of the police at headquarters, shall satisfy
himself that the registers maintained therefore are correct, and shall
superintendent all additions to and issues from the stock of Government
property. As storekeeper the reserve Inspector is required every half year to
take stock of all Government property in possession of the police throughout
the district and to report deficiencies of the Superintendent.
He is responsible that the
authorized number of copies of Police Rules, and other official manuals, is
kept in proper order and up-to-date; that all standing orders issued by
competent authority for the regulation of headquarters’ duties are properly
recorded, and that his subordinates are thoroughly acquainted with such portion
of such rules, manuals and orders as relates to their respective duties. He is,
further, responsible for reporting to the Superintendent of Police any
deficiency or need or revision in respect of local standing orders.
He shall also be in charge of the
buildings and lands in the occupation of the police at headquarters and be
responsible for their good order and general condition. He shall frequently
visit the police or other hospital and ensure that all patients of the police
department are receiving proper attention.
He shall exercise a general
supervision over the working of constabulary messes.
(ii) He shall be responsible for the training of
recruits, for the instruction and exercise of whole force in drill, shall
supervise musketry instruction and range practices prescribed in Chapter XIX
unless relieved by a superior officer, and shall take care that the generals
duties of the reserve, the furnishing of guards, escorts, patrols, etc., are
efficiently performed, and that the registers and reports maintained therefore
are correct, He shall at intervals to be prescribed by the Superintendent of
Police visit by day and night all guards
at headquarters checking the patrolling duties of the officer incharge of the
lines.
He is responsible for keeping the
Superintendent and gazetted officer in charge of the Lines fully and correctly
informed of all matters connected with the headquarters force, its discipline,
duties and equipment.
He
may be employed in command of escorts and guards when his presence is desirable
on account of danger of a disturbance, or the importance of the duty, or, where
necessary, for ceremonial purposes, and he should be employed, if a European,
where action has to be taken against
Europeans.
He
shall submit a weekly not in Form 17.2(2) which shall be attached to the
Superintendent’s weekly diary.
17.3 Duties
of Lines officer – (1) In districts for which a reserve Inspector is sanctioned
the Lines Officer is the subordinate and assistant of the reserve Inspector. He
is required to be fully acquainted with all the details connected with the
internal economy, discipline and training of the force and management of the
lines and shall constantly inspect barracks, guard rooms, the hospital, stables
and other buildings at headquarters, and be responsible that they are clean,
tidy and properly kept; that no police officer sleeps out of lines without
proper sanction; that unauthorised strangers are removed from police limits;
that punishments ordered are fully carried out; that all Government stores are
correct and safely kept in proper order and that the headquarter lines school
functions regularly according to orders.
(2) He shall attend all formal
parades in lines and be responsible that all roll-calls are properly held. He
shall presonally inspect as many escorts and parties going on off duty as
possible and, if unable to inspect any party, shall so arrange that it should
not fail to be inspected by a responsible officer. Entries of such inspections
with the name of the inspecting officer shall be made invariably in the daily
diary. He shall visit all guards at headquarters at intervals to be prescribed
by the Superintendent of Police – (See also rule 18.4).
The keys of the armoury and the
Lines each chest shall always be in the personal custody of the Lines officer.
(3) In districts for which no
reserve Inspector is sanctioned the Lines officer shall have, in addition to
those detailed in this rule, all the responsibilities and duties of a reserve
Inspector.
17.4. Duties of Kot head constables – Subject to the orders and
responsibility of the Lines officer, the kot head constable shall be in charge of all Government properly, and
armoury, tents and other store rooms and the registers connected therwith,
except as provided in rule 17.6.
17.5. Duties of the clothing and equipment clerk - Subject to the
orders and responsibility of the Lines officer, the Clerk Head Constables
sanctioned for duties in Lines, connected with clothing and equipment, shall
maintain all registers connected with clothing and equipment and shall be
responsible for the order and good management of the clothing and equipment
store rooms.
17.6. Duties of Lines Clerk – Under the orders and responsibility of
the Lines officer, the Lines Clerk deals with ordinary correspondence and is
required to maintain all the Lines registers except those dealing with property
which are in the charge of the kot Head Constable and the clothing and
equipment clerk. In these duties he will be assisted by such other clerks as
are sanctioned by competent authority from time to time.
17.7. Lines registers – (1) The following registers shall be maintained
in Lines:---
(1)
List
of officers attached to headquarters in Form 17.7(1) for all enrolled officers
attached to headquarters.
The
register will be divided into the following parts, separate pages, being
assigned each rank:---
Part I – To include all officers attached to the office of the
Superintendent and on court duties and those attached to the headquarters of
the district other than those included under Parts II to V. A note regarding
officers proceeding on leave shall be made in the column of remarks and their
names shall not be struck out.
Part
II – Officers under training from
police stations.
Part
III – Officers temporarily withdrawn
from rural duties on occasions such as
the mobilization of the 2nd or 3rd Reserve (rules 17.10,
17.11, etc.).
Part
IV – Menial servants attached to
headquarters.
Part
V – Officers posted to the 1st
Armed Reserve.
Vernacular acquittance rolls ordered
in rule 10.90 shall be prepared from this register.
(2) Duty register in Form 17.7(2)
for all duties performed by enrolled officers attached to headquarters.
The register shall be kept in the following
parts and sub-parts:---
Part I – Fixed duties – (a)
Police office, including Court duties (description of the duty on which
employed shall be given in the column of remarks).
(b) Treasury
Guard.
(c) Magazine
Guard.
(d) Personal
Guards (separate pages shall be assigned for each).
(e) Lines establishment (rule 17.1)
(description of the duty on which
employed
shall be given in column of remarks).
(f) Orderlies
at headquarters (designation of each officer with whom serving shall be quoted
in column of remarks).
(g) judicial
Lock-up (if any) at headquarters.
(h) Other
fixed duties (separate pages being assigned for each class).
N.B.
– Police officers
employed on duties
not sanctioned by
the Inspector- General (i.e., in the printed Provincial Distribution Statement)
‘shall not be shown in this part, but they shall come under sub-part ‘(m) of
Part II – Miscellaneous fluctuating duties”
Part
II – Fluctuating duties – (i)
Training School in the Lines (i.e., men actually undergoing instruction).
(j) Recruits
(description shall be given in column of remarks).
(k) Escorts of all descriptions (description
shall be given in column of
remarks).
(l) Special
duty (description shall be given in column of remarks).
(m) Other fluctuating miscellaneous duties,
including men at Phillaur
(description shall be given in column in remarks).
Part III –
Absentee – (n) Sick in hospital.
(o)
(a)
under suspension or in Quarter Guard.
(b)
In transit to police stations, etc.
(p)
Casual
leave (amount to be given in column of remarks).
(q)
Absent
without leave.
(r)
Absent
on privilege from headquarters or absent on long leave. If necessary, each part
may be bound in a separate volume. Duties of a few hours’ duration (such as
sentries over barracks and escorting prisoners to and from courts) need to be
entered in this register, but only in the Lines diary register No. 18.
(3)
Duty roster to be maintained in Form 17.7(3) of all enrolled officers off duty in
the Lines.
The register shall be divided into
two parts, separate pages being assigned when necessary for (a) Mounted men,
(b) Head Constables, and (c) Constables:---
Part I – All lower subordinates included in Register I, but not
included in Register II, I.e., off duty.
Part II – Arrivals from out-station or district (staying over
the night).
Columns 5 and 6 will be filled in
whenever a man leaves headquarters, his transfer being recorded in appropriate part of Register 14.16(1) and
references given in columns 7 and 8, or is transferred to one of the duties
included in Register II, reference again being given in columns 7 and 8 to the
new entries to this register, but shall not be filled in when a man is merely
detailed on some temporary duty involving an absence from the Lines of less
than 12 hours (such as escorting under-trial prisoners to and from jail, etc.)
or on some Lines duty of a few hours’ duration. In such cases an entry need
only be made in the Lines Diary.
For the purposes of Roll-Call
provided by Rule 17.8 a list shall be made out as often as may be necessary on
a blank sheet of paper of all lower subordinates included in Registers II and
III who have not been specially excused from attending Roll-Calls. Names and
numbers need only be entered and separate columns may be allowed for head
constables, sowars, office staff, recruits, men under training from
outstations, etc.
Officers shall, as far possible, be
detailed for duty in the order in which their names stand on this register, due
regard being paid to the nature of the duty. On the return of an officer from
duty his name shall be entered at the bottom.
(4) Vernacular Stock Account of
clothing and equipment in Form 4.35.
(5) Equipment Stock Register in Form
5.12.(1).
(6) Arms Distribution Register in
Form 6.8.
(7) Register of rifles issued in
Form 6.9(1).
(8) Magazine Register in Form
6.16(4).
(9) Stock Book of component parts in
Form 6.20(2).
(10) District Register of
miscellaneous stores in Form 5.16(1).
(11) Distribution Register of miscellaneous stores
in Form 5.17.
(12) Lines Miscellaneous Stores Register in
Form 5.16(1).
This
register should show all miscellaneous Government property, including livestock,
for which no special register has been prescribed.
(13) Range Practices Registers to be
maintained in the form and parts prescribed in Chapter XIX.
(14) Temporary Issue and Receipt Register
in Form 5.19 showing miscellaneous property issued or received temporarily.
(15) Cash Book in Forms 10.52 (a)
and (b) in accordance with rules 10.52
and 10.108.
It shall be kept separately in two
parts as follows:---
(a)
Other
monies such as undisbursed pay travelling allowance, etc.
(b)
Permanent
advance.
The Lines
clerk shall personally
maintain the cash-book, and his duties and
responsibilities
in this connection, and as accountant, shall not be delegated to any other
officers.
The Lines officer is responsible for
the correct maintenance of the Lines Cash Book, and shall cause to be entered
therein particulars of all sums recovered in connection with equipment,
clothing, ordnance stores, etc., before they are remitted to the accounts officer.
The latter shall on receipt of such monies issue a receipt in Form 10.14(1).
(16) Road Certificate Register in
Form 10.17.
(17) Receipt Book Register in Form
10.14(1).
(18) Lines Diary, in duplicate, in Form 22.48(1).
It shall contain a brief record of
duties performed by officers present in the Lines, receipt and despatch of
property or cash, such particualrs ordered in rules 22.48 and 22.49 as are
applicable to the Lines and such other matters specially ordered by the
Superintendent.
(19) Files of Standing orders.
To be revised by Superintendent
yearly.
(20) Minute Book for gazetted
officers.
All matters regarding stores, registers, buildings, training, etc.,
requiring the attention of the reserve inspector or Lines officer, and the
result of any inspections or checking done by gazetted officers, shall be
entered herein. This register shall be a permanent record and shall not be
removed from Lines.
(21) Correspondence Register in Form
22.55.
(2)
The Lines Register shall be destroyed after the periods noted against each:---
Years
(1)
Rules 17.7(3) and (18) ..
2
(2)
Rules 17.7(2), (13) and (16) .. 3
(3)
Rules 17.7(4) to (9) ..
5
(4)
Rules 17.7(5) and (17) .. 6
(5)
Rules 17.7(1), (11), (12) and (14) .. 7
17.8. Night
roll-calls – Roll-call shall be held every night at the time fixed by the
Superintendent. Roll-calls shall be attended by all officers quartered in the
Lines and such other officers as the Superintendent may by special order
direct. After roll-call, orders for the next day, and any new orders of a
general nature issued by the Superintendent of Police, shall be read out.
17.9. First armed reserve – (1) The first armed
reserve for each district shall always be maintained at full strength. The
armed service is shown separately in the distribution statement form 2.1, and
shall remain permanently mobilized at headquarters, ready to proceed
immediately anywhere within or outside the district. This reserve is the
provincial police reserve which is distributed to districts in normal times,
but it is absolutely at the disposal of the range Deputy Inspector-General and
the Inspector-General as described in sub-rule (5) below.
(2) The first armed reserve shall be
selected by the Superintendent of Police personally. Not less than a third of the men of reserve shall be
experienced Constables of at least five years’ experience; the remainder shall
ordinarily by men who have just passed their recruits’ course. Men shall remain
posted to the reserve for six months, shall not be employed on ordinary duties
and shall continue their education in the headquarters Lines School. Suitable
smart Head Constables shall be posted to the reserve for six months and a
suitable Sub-Inspector shall be posted in charge for at least one year. Under
the supervision of the Lines officer the reserve Sub-Inspector shall be
responsible for the training and discipline.
(3) On the completion of six months
in the reserve, Constables shall be transferred to other duties. Men who have
recently passed through the first reserve should, however, ordinarily be
conllected to form the second reserve when orders for its mobilization are
received, or when the first reserve leaves the district. Such men can readily
be traced by reference to Lines Register No.1, but for facility of reference in
emergencies a separate list showing their whereabouts may be kept in the Lines
of fice.
(4)
All officers and men of the first armed reserve shall be trained in the
use of H.V. rifles and shall undergo musketry training and range parctice with
these weapons as laid down in the Police Drill Manual and the Police Training
School Manual. They shall be maintained in a high state of efficiency and
physical fitness, and shall be trained in bayonet and lathi fighting and in
riot tactics and tactical schemes of a simple nature, and shall frequently be
exercised in marching and turning out quikly on alarm.
(5)
The Deputy Inspector General is empowered, for good and sufficient
reasons, to dispatch, for temporary purposes, the whole or any part of the
armed reserve of a district to another district or place within his range and
in so doing shall report the circumstances to the Inspector General. In an
emergency when it is not possible to communicate immediately with the Deputy
Inspector General, a Superintendent of Police may apply for assistance direct
to the Superintendent of Police of a neighboring district. The Superintendent
of Police so addressed or, in his absence, the Senior reserve in anticipation
of the orders of the Deputy Inspector General, informing the Deputy Inspector
General, however, immediately of his action.
The Inspector General may despatch
the whole or any part of the armed reserve of a district to any other district
or place in the province.
17.10. Mobilization of the second reserve.—The second reserve shall be
mobilized only under the orders of the Inspector General. When mobilized its
strength shall be the same as that of the armed reserve. The same
as that of the armed reserve. The men shall be mobilized by drafts from cities,
cantonments, and personal guards, by calling men from leave, calling in
orderlies and substituting recruits for men on standing guard duties. (See also
rule 17.9(3)).
17.11. Mobilization of third reserve. – The third reserve shall be mobilized
only under the orders of the Local Government.
It shall be mobilized by the
withdrawal of one third of the sanctioned strength of lower subordinates from
police stations or in such manner as the Inspector General may otherwise
direct.
(2)
When considered necessary, and this procedure is sanctioned by
Government, chaukidars shall be appointed as special constables to fill the
place of the regular police thus transferred from police stains. Chaukidars so
employed at police stations may be granted the extra remuneration (if any) specially
sanctioned by Government.
17.12. Equipment on mobilization.—The In all orders for mobilization,
detailed instructions shall be issued as to the number of tents required, the
description of arms and ammunition to be carried, whether horses are to be
taken, and all other necessary details regarding equipment and clothing.
17.13. Practice parades.—For purposes of training, Superintendents shall
hold, not less than once in three months, practice parades on alarms for fire,
outbreaks in jails, etc., and shall take such steps as circumstances may
require to render such parades instructive to the police.
17.14. Outbreaks in jails. – Detailed orders regarding the actin to be
taken on the occasion of an outbreak in the jail have been prepared and are
required to be maintained and periodically revised in all districts, and
Superintendents will be held responsible that these orders are known to the
officers chiefly concerned. These orders after being approved and countersigned
by the District Magistrate and the Deputy inspector General shall be printed.
17.15. Plans for police dispositions.—Superintendents of Police are
required to maintain among their confidential records copies of approved plans
for police dispositions in the in the event of various kinds of serious
disorder, general or local. It is essential that these plans should be kept
thoroughly up-to-date and that all gazetted officers and Inspectors at
headquarters should be fully conversant with them. In addition, all other
officers at headquarters must be fully instructed in the action to be taken by
them immediately on the occurrence of an emergency in anticipation of orders
form a gazetted officer or Inspector. Deputy Inspectors-General are required to
satisfy themselves at their inspections, both formal and casual, that this rule
is strictly observed.
17.16. The ordinary reserve.—For each district a reserve, known as the
ordinary reserve, equal to 16.5 per cent of the total number of constables
sanctioned for fixed duties, is provided under the orders of Government to
replace casualties, i.e. men on leave other than casual leave, sick, under
training as recruits and vacancies. This reserve shall be utilized to its
fullest extent.
IIIustration.—If the number of constables
sanctioned for fixed duties is 500, the reserve will be 83 men. If there are 10
vacancies, 15 recruits and 5 sick in hospital, the number of men available for
leave is 53. The fewer vacancies, recruits and sick, the larger the number of
men available for leave.
The ordinary reserve shall be shown
separately in the distribution statement From 2.1.
All available men of this reserve
shall be located in lines.
(For Haryana)
17.17. Constabulary messes.—(1) The Superintendent of Police or the
Commandant HAP Battalian shall make every effort to establish and maintain
messes in Lines and in large police stations. These shall be on a co-operative
basis but the expenses on account of water, electricity used for lighting and
fans, refrigerators, etc., and not for cooking purposes and the salaries of the
cooks and any other establishment kept to maintain the messes shall be paid by
Government out of the State finds. The number of cooks and other establishment
shall be determined with the approval of Government keeping in view the number
of Police Establishment for whom the messes shall be established.
(2)
As far as possible such messes shall be manged by the policemen
themselves Detailed rules. Schedules of meals and price lists shall be prepared
and hung up in all messes. These rules
shall provide for the appointment of managing staff from among the members.
Gazetted Officers shall take a close personal interest in messes both of
encourage their development, to prevent irregularities and keep down prices and
shall insist on the maintenance of the highest standard of cleanliness in mess
building and utensils.
(3)
The building premises to ran the messes and cooking utensils shall also
be provided by Government but the replacement of the utensils shall be made at
the expenses of the beneficiaries.”
(4) The following accounts forms shall be maintained
in Lines messes:-
(a)
Order
book in foil and counterfoil, in Form 17.17 (3) A. by the Manager who shall
order and issue all stores.
(b)
Daily
attendance register of Police Mess at Orderlies.
(c)
Cash
Book of Mess Accounts in Form 17.17.(3) C. by the Accountant.
(d)
Stock
account of articles purchased for Messes in Form 17.17. (3) D. by the
Accountant.
(e)
Monthly
balance sheet showing cost per meal in Form 17.17. (3) E. by the Accountant.
The
departmental receipt and voucher form shall be used in connection with these
accounts.
(For Punjab)
17.17. Constabulary messes. (1) Superintendents
of Police shall make every effort to establish and maintain messes in Lines and
in large police station, particularly in cities and cantonments. These shall be on a co-operative basis. The object of such
messes shall be the provision of meals for lower subordinates at a rate cheaper
than that obtaining outsides the Lines, etc.
(2)
As
far as possible such messes shall be managed by the men themselves.
Detailed rules, schedules of meals and prices lists
shall be prepared and hung up in all messes. The ruels shall provide for the
appointment of managing staff take a close personal interest in messes both to encourage
their development, to prevent irregualaities and keep down prices and shall
insist on the maintenance of the highest standard of cleanliness in mess
buildings and utensils.
(3)
The following accounts forms shall be maintained
in Lines messes:-
(a)
Order
book in foil and counterfoil, in Form 17.17 (3) A. by the Manager who shall
order and issue all stores.
(b)
Daily
attendance register of Police Mess at _______in Form 17.17 (3) B. by the Mess
Orderlies.
(c)
Cash
Book of Mess Accounts in Form 17.17 (3) C. by the Accountant.
(d)
Stock
account of articles purchased for Messes in Form 17.17. (3) D. by the
Accountant.
(e)
Monthly
balance sheet showing cost per meal in Form 17.17. (3) E. by the Accountant.
The departmental receipt and voucher form shall be
used in connection with these accounts.
17.18. Vegetable gardens.—Vacant lands attached
in Lines may be utilized for the growing of vegetables for constabulary messes.
T he vebgetables shall be sold to messes at a reasonable rate and the proceeds
credited to the Lands Fund.
17.19. Bed-head tickets—(1) the Superintendent
shall supply for the use of the medical officer in charge of police hospital
bed-head tickets in Form 17.19 (1).
(2)Every police officer discharge from
hospital shall report himself for duty and make over his bed head-ticket to the
Lines officer or, in the case of a police officer treated at a hospital, other
than the police hospital, to the officer in charge of the police station
concerned. Such officer shall send it to the office of the Superintendent for
entry in the hospital sheet.
The bed-head ticket will then be filed in the
hospital.
17.20. Cases of infectious and contagious
diseases.—Cases of infectious and contagious diseases will not be accommodate
in Government tents, but in serviceable grass or reed huts erected at a distance
form other buildings.
17.21. Supply of bedding.—Bedding, hospital
clothing, mosquito nets, utensils and comforts required for use in police
hospitals are supplied by the medical department. If it shall appear to the
Superintendent that the supply of such articles in insufficient or
unserviceable he shall note the fact in the hospital minute book and bring it
to the notice of the Civil Surgeon.
17.22. Payment for special diet.—When a Head
Constable, or Constable in the interests of his health, is ordered special diet
by the Civil Surgeon or other medical officer in charge of the hospital, in
Form 17.22, which he cannot reasonably be expected to provide at his own
expense, the Line officer shall supply the necessary diet and pay for it out of
his permanent advance, keeping a daily account of the expenditure incurred.
The
Lines officer shall submit the account, together with all receipts, through the
reserve inspector in districts where such an officer is appointed, to the
Superintendent periodically,Superintendent are authorized to pay such account
form the contingent grand under sub-head “Miscellaneous” ( Punjab Government
letter No. 46 (Home), dated 1st February, 1915).
An
English and vernacular copy of this order shall be hung up in every police
hospital.
FORM NO. 17.2 (2)
RESERVE INSPECTOR’S
NOTE FOR WEEK ENDING _____19
____DISTRICT
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
Serial No
|
Details
|
Inspector
|
Sergeants
|
Sub-Inspectors
|
Assistant Sub-Inspectors
|
Head Constables Mtd. And Ft.
|
Constables, Mounted and Foot
|
REMARKS
|
|
1
2
3
4
5
|
Vacancies ..
Recruits..
On long leave..
On Privilage
leave ..
Sick in
hospital ..
Total(Serial)Nos.1to
5)
|
|
|
|
|
|
|
|
|
6
7
8
9
10
11
|
On duty in o
there districts (give details in column 9 or on reverse)
Under training
at P T School.
Other
non-effective*
(Give details
in column 8 or on reverse)
Total non-effective..
Resignations
pending
Sanctioned
strength..
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
To include absent without leave, on casual leave,
under suspensions, in quarter guard, etc.
Dated the ______ S.P.’s
initials. Reserve
Inspector.
(Reverse)
WEEKLY MUSKETRY
RETURN
|
|
410
MUSKET
|
.22
RIFLE
|
303
RIFLE
|
REV0LVER
|
|
Head Constables
|
Constables
|
Head Constables
|
Constables
|
Head Constables
|
Constables
|
Gazetted
Officers
|
Upper
subordinates
|
|
Practiced
during the week under repot..
|
|
|
|
|
|
|
|
|
|
Practiced
during the year up to beginning of
week under repot..
|
|
|
|
|
|
|
|
|
|
Total..
|
|
|
|
|
|
|
|
|
FORM NO. 17.7 (1)
LINES REGISTER
No. 1
LIST OF POLICE
OFFICERS ATTACHED TO THE HEADQUARTERS OF THE _______________ DISTRICT
|
Serial #.
|
Badge #
|
Name
|
Grade
|
Date of
enlistment
|
Date of posting
of head quarters
|
Education
|
From where
transferred
|
Date of transferred from Head quarters
|
To where
transferred
|
Reasons of
transfer
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(Bilingual)
FORM No. 17.7(2)
LINES REGISTER
No. II.
DUTY REGISTER.
DUTIES PERFORMED
BY OFFICERS ATTACHED TO THE HEAD QUARERS OF THE ________ DISTRICT
|
|
|
|
|
DATE OF
|
|
|
Serial No.
|
Constabulary
No.
|
Name
|
Rank
|
Posting
|
Return to Lines
(Register No. III)
|
REMARKS
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
|
|
|
|
(Billingual).
FORM No. 17.7(3)
REGISTER No. III
DUTY ROSTER OF
LOWER SUBORDINATES “OFF DUTY” AND ROLL CALL REGISTER
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
Constabulary
No.
|
Name
|
Date of arrival
|
From what duty
|
Date of
departure
|
To what duty
|
Register No.
|
Entry serial
No.
|
REMARKS
|
|
|
|
|
|
|
|
|
|
|
FORM No. 17.17
|
Police Lines
Mess Order Book No. 1.
Date
______________________
Name of
Shopkeeper ________________________
Please supply
the following articles:-
Name of
article. Weight or quantity.
Signature of
Manager,
Attestation by
Duty Officer.
|
Police Lines
Mess Order Book No. 1.
Date
______________________
Name of
Shopkeeper ________________________
Please supply
the following articles:-
Name of
article. Weight or quantity.
Signature of
Manager,
Attestation by
Duty Officer.
|
Police Lines
Mess Order Book No.1.
Date
________________________
|
FROM No. 17.17(3)
– C
District
____________
FORM No.
17.17(3)-B
POLICE DEPARTMENT
____________________
DAILY ATTENDANCE REGISTERS OF POLICE
MESS AT ___________________________
DISTRICT
______________________
|
1
|
2
|
3
|
|
Serial No.
|
Constabulary
No.
|
Name of member
|
|
4
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
|
DAILY
ATTENDANCE FOR MONTH OF
|
|
M/E
|
M/E
|
M/E
|
M/E
|
M/E
|
M/E
|
M/E
|
M/E
|
M/E
|
M/E
|
M/E
|
M/E
|
M/E
|
M/E
|
M/E
|
|
16/17
|
18
|
19
|
20
|
21
|
22
|
23
|
24
|
25
|
26
|
27
|
28
|
29
|
30
|
31
|
|
M/E
|
M/E
|
M/E
|
M/E
|
M/E
|
M/E
|
M/E
|
M/E
|
M/E
|
M/E
|
M/E
|
M/E
|
M/E
|
M/E
|
M/E
|
M = Morning E
= Evening
|
5
|
6
|
7
|
8
|
9
|
10
AMOUNT
RECOVERED
|
11
|
12
|
|
Total number of
meals
|
Cost per meal
|
Total cost
chargeable
|
Balance due for
last month (column No. 11 of last month)
|
Total
|
Receipt No.
|
Amount No.
|
Balance Due
|
Remarks
|
|
|
|
|
|
|
|
|
|
CASH BOOK OF MESS
ACCOUNT
Month
___________
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
|
Serial No.
|
Date
|
Name of receipt
and expenditure
|
Receipt
|
Expenditure
|
Balance
|
Number of
receipts issued
|
Reference to
item No. in the stock register
|
Reference to
item No. in the Daily Attendance Register
|
REMARKS
|
|
|
|
|
Rs. A.P.
|
Rs. A.P.
|
Rs. A.P.
|
|
|
|
|
FORM No. 17.17(3)
–D
District
_______________
Stock Account of
Articles Purshased for Messes ________________________
_________________________of
______________for the month of _________
|
1
|
2
|
3
|
4
|
5
|
6
|
7
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8
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|
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QUANTITY
RECEIVED
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|
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|
Serial No.
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Date
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Order Book
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Maundage
|
Rate
|
Cost price
|
Total quantity
in stock (column (7+4)
|
Quantity issued
|
Balance
|
REMARKS
|
|
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Mds. Srs. Chs.
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Mds. Srs. Chs.
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Mds. Srs. Chs.
|
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FORM No.
17.17(3)—E
District
Month
MONTHLY BALANCE
SHEET SHOWING COST PER MEAL
Rs. As.
Ps.
1.
Total
expenditure during the month
(Column Nos. 5 of Cash Book).
2.
Add
value of the balance of store on the first day of this month.
3.
Total.
4.
Deduct—Cost
of the balance of stores on the last day of this month.
5.
Balance.
6.
Deduct—Cash
recovered during the month from—
(1)
Members,
and
(2)
Private
sales, if any
7.
Net
expenditure during the month.
8.
Number
of meals.
9.
Cost
per meal.
FOOT-NOTE
No.1.–The value against item No.2 above should be arrived at the rates at which
the stores were purchased last and of which the balance of stores in hand make
a part.
FOOT-NOTE
No.2.—The value against item No.4 above should be arrived at the rates which
the stores were last purchased during the month, and of which the stores in
hand make a part.
FORM No.17.19(1)
POLICE DEPARTMENT DISTRICT Police Hospital
Bed-Head Ticket.
Department No. Disease
Rank Date of admission
Name Date of discharge
Age Years Result
|
Date
|
Daily
particulars
|
Treatment
|
Diet
|
|
|
|
|
|
Date of
observation.
Days of Disease
Time
Temperature
|
Cent.
|
43
|
|
42
|
|
41
|
|
40
|
|
39
|
|
38
|
|
37
|
|
36
|
35
|
|
Fahr.
|
108
|
107
|
106
|
105
|
104
|
103
|
102
|
101
|
100
|
|
99
|
|
98
|
97
|
96
|
95
|
|
A.M.
P.M.
|
|
|
|
|
|
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|
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A.M.
P.M.
|
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A.M.
P.M.
|
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A.M.
P.M.
|
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|
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A.M.
P.M.
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Pulse
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Respi
Rations
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FORM No.17.22
To REQUISITION
FOR SPECIAL DIET.
THE LINES OFFICER,
Please supply the following special diet
for days or until further notice, for the
undermentioned Police Officer
who
is sick:---
Name
Rank No.
of District.
Dated Signature
of Civil Surgeon
The 19
or
Senior
Medical Officer in charge.
NOTE.—Special diet means diet especially
prescribed by the medical officer in the interests of a patient’s health which
a Head Constable or Constable cannot be reasonably expected to provide at his
own expense.
GUARDS AND ESCORTS
APPENDIX No. 18-49(4).
Escorts over
prisoners or treasure sent by railway out of, or into the Punjab, shall be
relieved at the following stations:---
(b)
Escorts proceeding out of the Punjab.
|
Through Ambala
|
Shall be relieved at Saharanpur, unless the escort
in proceeding through or to Delhi, in which case it shall be relieved at that
station.
|
|
“
|
Delhi by E. I. Railway.
|
Shall be relieved at Aligarh.
|
|
“
|
Delhi by Great Indian Peninsula Railway.
|
Shall be relieved at Agra. All escorts proceeding to
Bombay shall ordinarily travel by the Great Indian Peninsula Railway.
|
|
“
|
Delhi by Rajputana-Malwa Railway.
|
Shall be relieved at
Ajmere (letter No. 1498, dated 10th December 1887, from the
Superintendent of police, Ajmere) by guards of the Marwara Battalion, the
Magistrate of the district being communicated with when reliefs are required.
In the case of European prisoners or women, escorts are supplied by the
police and the Superintendent should be communicated with when such reliefs
are required.
|
|
“
|
Multan towards Karachi.
|
Shall be relieved at Sukkur.
|
|
For Peshawar by North-Western Railway.
|
Shall relieved at Peshawar Cantonment.
|
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From the Punjab via
Khundian and Rawalpindi to Kohat.
|
Shall be relieved at Kohat.
|
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From or through delhi to karachi
|
Shall be relieved at Ferozepore.
|
|
(b) Escorts proceeding out of the Punjab.
|
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Through Delhi
|
…
|
Shall be relieved at Delhi.
|
|
“
|
Ambala Cantonment.
|
Shall be relieved at Ambala Cantonment.
|
|
“
|
Multan
|
…
|
…
|
Shall be relieved at Multan.
|
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From Abbottabad by North-Western Railway.
|
Shall be relieved at Rawalpindi.
|
|
“
|
Peshawar by North-Western Railway.
|
Shall be relieved at Rawalpindi.
|
|
“
|
Kohat by North-Western Railway.
|
Shall be relieved at Rawalpindi.
|
|
“
|
Dera. Ismial Khan by North-Western Railway.
|
Shall be relieved at Multan.
|
|
“
|
Dear Ismial Khan by Mari-Attock line.
|
Shall be relived at
Mianwali, the escort being again relieved at Rawalpindi.
|
|
“
|
Dera Ismail Khan by the Sindh-Sagar Line for Shapur,
Jhelum, Gujrat and Gujranwala.
|
Shall be relieved at Kundian.
|
|
“
|
Dera Ismail Khan to Dera Ghazi Khan.
|
Shall be relieved at Ghazi Ghat
|
|
“
|
Dera Ismial Khan to Multan or Montgomery.
|
Shall be relieved at Multan.
|
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Via Muzaffargarh by the Sindh-Sagar Branch of the
North-Western Railway.
|
Shall be relieved at Multan.
|
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From ajmere and Ahmadabad to Lahore.
|
Shall be relieved at Hissar.
|
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From Karachi to Delhi
|
…
|
Shall be relieved at Bhatinda.
|
|
From Bombay to Peshawar via Godhra-Rutlam Nagada.
|
Shall be relieved at
Delhi, Ferozepore and Rawalpindi.
|
|
From Bombay to Peshawar via Ahmadabad and Marwar.
|
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From Bombay to Peshawar via Bhushal (G. I. P. Railway).
|
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GUARDS AND ESCORTS
FORM No. 18-20.
Police Department. __________
District.
COMMAND CERTIFICATE OF AN ESCORT PROCEDDING IN CHARGE
OF ……………. TO …………….
|
1
|
2
|
3
|
4
|
5
|
|
Strength of Escort
|
|
Name of
officer in command
|
Nature of duty
|
Mode of transit and where to be relieved
|
Note of special orders.
|
|
Nos.
|
|
Gazetted Officers
|
…
|
|
|
|
|
|
|
Inspectors
|
…
|
…
|
|
Sergeants
|
…
|
…
|
|
Sub-Inspectors
|
…
|
…
|
|
Assistant Sib-Inspectors
|
…
|
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Head Const-ables.
|
Mounted
|
…
|
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Foot
|
…
|
|
Const- ables
|
Mounted
|
…
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Foot
|
…
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…
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(Standard Form).
Report of arrival and of relief to be noted on
reverse.
DISTRICT POLICE OFFICER:
Superintendent
of Police.
The
…………………19 .
GUARDS AND ESCORTS
FORM No. 18-47.
FROM
Superintendent
of Police,
To
Superintendent
of Police,
Dated----------------------------
No.
Received -----------------------
Informs him that an escort of the following
strength,---
|
|
Number
|
|
Inspectors
|
|
|
Sergeants
|
|
|
Sub-Inspectors
|
|
|
Assistant Sub- Inspectors
Mounted
Head Constables
Foot Mounted
Constabels
Foot
|
|
|
Total
|
|
Will have this
district in charge of
----------------------------------------------------------------------------------------------------------
to proceed to ----------------------------------and travel by ----------------------------------------------------.
Requests that a relief of equal strength
may be held in readiness to relieve the police of this district on the
--------------------------.
(Standard Form)
CHAPTER XX – Inspection
and Supervision.
20-1. Cold weather inspection by Deputy
Inspectors-General – Deputy Inspectors-General shall annually furnish one
complete inspection report, taking Form 20-1 as their guide, for each district
in their jurisdiction during the period 15th October to e15th April.
20-2. Hot weather inspection
by Deputy Inspectors-General – Deputy Inspectors-General are also required to
make an informal inspection of each district in their jurisdiction between
dates 15th April and 15th October.
20-3. Stay of
Deputy Inspectors-General at hill stations – (1) In the hot weather, i.e.,
the period between the 15th April and the 15th October,
Deputy Inspectors-General are permitted to spend 31/2
months at a hill station within their ranges, on the understanding that the
remaining 21/2 months must be spent at their headquarters
or on tour in the plains. The period prescribed should not be extended on any
account, and if between the 15th April and the 15th
October officers are in the hill away from their headquarters in broken
periods, such absences (being other than absences on leave duly sanctioned by
Government under the Fundamental Rules) should be added together in computing
the whole period during which a stay in the hills is permissible.
(2) A
Deputy Inspector-General may choose his own date of arrival at, and departure
from, the hill station; but if he leaves for the hills earlier than the 15th
May, or stays in the hills later than the 15th October, he should
report the reasons for this arrangement to the Inspector-General for the
information of Government. He should keep the Inspector-General and the
Commissioner informed of his movements.
20-4. Routine
at headquarters – (1) In districts where a gazetted officer is posted incharge of Lines
he shall ordinarily attend all morning parades and shall visit the parade
ground frequently at hours when recruits parades should take place according to
programme. In districts where there are only two gazetted officers the one at
headquarters shall ordinarily attend morning parade in Lines at least twice
every week.
(2) Kit
inspections by a gazetted officer shall be held once a month in Lines and at
all police stations, standing guards, and posts at headquarters.
On
these occasions a careful inspection shall be made of all arms in the
possession of the police.
(3)
Officers are expected to pay frequent visits to the police lines with a view to
supervision (a) the work going on in the headquarters lines school, (b)
the training of recruits, (c) the welfare of sick men in hospital, (d)
the training of the 1st Reserve and other men in musketry, etc., (e)
the organization of games and sports, and (f) also for holding orderly
room and checking work of the lines staff and Government stores. They are also
responsible that the lines present a generally smart and well-ordered
appearance.
(4) In
the districts of Lahore, Amritsar, Rawalpindi, Mulatan andAmbala a Lines Daily
Report Register shall be maintained by the reserve inspector in Form 20-4(4).
This register will be submitted to the Superintendent of Police or gazetted
officer incharge of lines for his perusal, signature and any orders he may wish
to pass regarding the routine or discipline of the lines.
The
report will show, as far as possible, the duties performed by officers and men
in police lines the day before and the number of officers and men present in
lines. It should act as a check on the wastage of man-power.
20-5. Inspection
of police stations. – (1) Every police station and post in a district shall
be thoroughly inspected by a gazetted officer twice in each year. At least one
such inspection shall be carried out by the Superintendent.
At such
inspections of police stations a return for each quarter’s working since the
last inspection shall be made out and submitted with an inspection report in
Form 20-5 (1) to the Deputy Inspector – General, attached to the weekly diary
of the Superintendent.
In
discussing crime, offences against the person and against property shall be
commented on separately, and theft of, and illicit traffic in, cattle and other
animals, shall be dealt with separately from offences against other classes of
property. Attention shall be paid to the technical efficiency of the
investigating staff and co-operation with neighbouring police stations and the
district central investigating agency. In commenting on the working of police
officers in such inspection reports care shall be exercised to avoid basing an
opinion merely upon statistical results, percentages of convictions and similar
data which are apt to be misleading.
Reports
of inspecting officers should be written with a view to conveying instruction
and guidance for the future to the officer, whose work has been inspected. Such
reports should invariably be shown to the officers inspected, either at once or
on their return from higher authority, and should be translated into the
vernacular if the officers inspected is unable to understand English. It is
especially important that inspection reports on police stations and notes in
the gazetted officers Minute Book should be helpful and constructive and that
these reports and notes should be carefully studied and acted upon by the
officer in charge of the police station.
Two
results of an inspection should be: - (1) that the inspecting officer should
have come to a definite conclusion as to the state of crime (satisfactory or
unsatisfactory) and the chief causes of such crime; (2) that the officer in
charge of the police station should have received active assistance, facilities
and suggestions from the inspecting officer towards the improvement of the
state of crime.
(2)
Informal inspections of police stations and posts shall be made as frequently
as the Superintendent may consider necessary and desirable, having regard to
the circumstances of each particular police station and post. At such
inspections, officers shall not spend more time than is necessary in examining
registers, but shall try to make themselves acquainted with the personnel of
the police station or post as the case may be and shall enquire into and
discuss matters concerning current crime, cases and procedure with the officer
in charge.
They
shall assist such officer which advice, direction, encouragement or warning as
may be required, and shall listen to and deal with any requests he or his subordinates
may have to make.
(3)
Except for purposes of investigation, or other special reason, a police station
or post shall not ordinarily be visited by a gazetted officer more than once in
the same month.
(4) At
the end of every quarter each Superintendent shall submit, through the District
Magistrate, to the Deputy Inspector – General, an inspection return in Form
20-5 (4) showing the inspection duty performed during the quarter by the
gazetted officers in the district.
20-6. Check
list of inspections – A check list of inspections in Form 20-6 shall be
compiled and maintained in the office of the Deputy Inspector – General from
such quarterly returns.
20-7. Cold
weather touring – (1) In a district where there are two or more gazetted officers one such
officer shall ordinarily be away from headquarters on tour between 15th
October and 15th April. In a district where there is only one
gazetted officer he shall ordinarily spend 100 days on tour between these
dates.
Great
value is attached by Government to the touring of gazetted officers and, in
districts where conditions allow, Superintendents of Police shall make out tour
programmes for themselves and their gazetted officers. These programmes shall
cater for tours of about six seeks duration and shall provide for halts of two
or three days at places not necessarily the headquarters of police stations.
They shall be so arranged that as many villages as possible in the district
will be visited by a gazetted officer during the course of the year. Should it be
necessary for a gazetted officer on tour to return to head quarters for any
reason, this must be regarded as only a temporary break in the tour and the
programme shall be resumed as soon as possible.
(2) The
work of a gazetted police officer on tour in addition to the inspection of
police stations shall include,---
(a) The
acquiring of a knowledge of the people, their factions, criminals, villages and
geography so as to be able to check the work of subordinates.
(b) The
encouragement of the local people to take advantage of his accessibility and
give him information.
(c) The enquiring in the presence of headmen
into the character of persons under surveillance and of persons whose history
sheets are maintained by the police.
(d) The
checking of investigations made by the police by occasionally visiting the
scenes of old cases, interviewing complainants and witnesses and referring to
case diaries.
(e) The
enquiring into rumours or complaints of police malpractices or corruption.
(f) The
bringing up to date of confidential note books.
(g) The
checking of the Criminal Tribes Registers and the interviewing of members of
criminal tribes.
(h) The
inspection of additional police posts and the checking of patrolling done from
them. Also enquiring into the desirability of the establishment of such posts
in disturbed and abnormally criminal areas.
(i) The
checking of “tikri pahra” where this is in force and its institution where
desirable.
(j) The
inspection of premises licensed under the Arms Act.
20-8. City and Cantonments
Inspectors – duties of – (1)
City and cantonment inspectors are not only supervising and inspecting
officers, but have the same responsibilities as officers in charge of police
stations and are bound by the orders laid down in rule 22-1.
(2) In addition to the duties, etc.,
defined in the rule quoted, they shall inspect once in every quarter, or as
frequently as prescribed by law or special order of the Superintendent, the
shops, premises and stocks of all license-holders carrying on business within their
jurisdictions under the Arms, Explosives, Petroleum and Poisons Acts and shall
report such inspections to the Superintendent.
20-9. City and Cantonment Inspections – Records to be maintained by – The
shall maintain and keep in their personal custody the following books in
English:---
(a) Daily Diary, in which shall be entered
their movements and proceedings. The entries of each day shall bear a serial
number.
(b) Permanent Note Book in which shall be
entered matters which are of use to themselves or their successors, particulars
regarding noted bad characters, any special class of crime prevalent, special
preventive measures adopted and political and seditious movements. A separate
page or pages shall be given to each subject, and an index to the contents
shall be given on the first page.
The
permanent note book shall contain matters of more than passing interest and
form a more or less permanent record of informationas well as a history of
local conditions.
20-10. District
Inspectors – (1) District inspectors are allotted to district in order, firstly, to
assist the Superintendent in the control of preventive and detective
operations, secondly to learn, and be tested in the duties and responsibilities
of supervising officer, in view of the fact that the rank of inspector forms
the chief field of recruitment to the gazetted ranks.
(2)
District inspectors shall be employed to supervise, under the direct control of
the Superintendent, the work of the police in particular areas or, if local
conditions at any time make it desirable, in connection with specially
prevalent classes of crime. Normally a district inspector should be placed in
charge of a selected group of police stations, and his responsibility for
exercising control in this area should be the same as that of a Deputy
Superintendents attached to a district.
(3)
While the control of crime is the first duty of a district inspector, it is
essential that his professional efficiency should be general and should
approach the standards required of a gazetted officer. He must, therefore,
attend parades whenever possible and render himself efficient in drill and
musketry, and in imparting instruction on those subjects to his subordinates.
He is also required to familiarise himself with the work of the different
branches of the office of the Superintendent and to assist, when at
headquarters, in supervising the work of the accountant and orderly head
constable.
20-11. Special
duties of District Inspectors – (1) A district inspector will read and pass orders on
all first information and final reports, case diaries, daily diaries and other
papers connected with the control of the crime in the police stations in his
charge. He shall forward to the Superintendent such of these papers as that
officer may be general of special order require, and shall keep a running note
book of offences as prescribed for gazetted officers in rule 21-8.
(2) The
following matters shall receive the inspector’s special attention:---
(a) The collection of material for
proceedings against bad characters, and the preparation and check of history
sheets.
(b) The comprehensive survey and
classification of crime throughout the area in his charge, and the comparison
of such crime with crime in adjacent areas including the jurisdiction of the
railway police, with a view to bringing to light the operations of gangs and
mobile criminals.
(c) The supervision of important
investigations and were necessary, the taking over from the local sub-inspector
of the investigation of special cases.
(d) The direction of energetic action
against absconders and proclaimed offenders.
(e) The detailed scrutiny of all challans,
including those in cases of preventive security, from the area in his charge,
and close co-operation with the prosecuting branch to ensure the best possible
presentation of police cases.
(f) The collection of material for
applications for the location of additional police posts, and the organization
and control of all such posts located in the area in his charge.
(g) Reporting and enquiring into complaints
of corruption, high-handedness and other malpractices by police officers
subordinate to him, and conducting, according to the prescribed procedure, such
departmental enquiries as may be entrusted to him by the Superintendent.
(h) Inspection of licenses of licensee’s
premises as required by law and as ordered by the Superintendent. Premises
licensed under the Excise, Opium and Dangerous Drugs Acts should not be
inspected by police officers, the Excise Staff being responsible for such
inspections.
(i) Reporting on the state of public
feeling and on political and confidential matters.
(3)
District inspectors shall frequently visit the police stations in their charge
and tour in the jurisdictions of those police stations. They shall submit
reports, as a result of these tours, on the generl condition of crime in the
police stations, but shall not prepare statistical returns or formal inspection
reports. Formal inspections of such police stations shall be made by the
Superintendent, who may use the inspector to assist him by making a detailed
check of the less important registers. It shall be the duty of inspectors to
ensure that all orders given by the Superintendent in the course of his
inspections are understood and promptly carried out.
20-12. District
Inspectors limitation of powers of – (1) The Superintendents of Polce shall not
delegate as much power to a district inspector as to a gazetted officer but on
the other hand shall exercise a much closer supervision over police stations in
charge of an office of this rank, who shall ordinarily work directly under the
Superintendent rather than under a junior gazetted officer.
(2)
Correspondence concerning the internal administration of the police force and
petitions on personal matters will not ordinarily pass through the district
inspector, but the Superintendent may require that office to enquire and report
on any such matters. As a general principle it should be understood that
correspondence on the subjects dealt with in Volumes I and II of these rules
will not be sent to the inspector either by the Superintendent or by
sub-inspectors unless his comments on a specific reference are specially
required. He will ordinarily deal direct with correspondence on subjects
included in Volume III, forwarded to the Superintendent all cases which it is
beyond his power to decide.
(3) The
orders in the above sub-rule do not relieve the inspector of responsibility for
insisting on the efficiency, discipline and smartness of the police subordinate
to him in all branches of their work. While it is not desirable to detract in
any way from the direct control of the Superintendent in matters of
administration and discipline, full support must be given to the inspector in
maintaining his authority with his subordinates.
20-13. Records
to be kept by District Inspectors – The district inspector shall submit a weekly
disary to the Superintendent on plain paper of foolscap size; in it the
inspector’s daily movements and activities, with brief reference to important
work done in respect of the control of crime, together with notes on matters of
a political of confidential nature other than those relating to crime, shall be
entered. The diary shall be duplicated with carbon paper, the duplicate copy
being retained by the inspector in an annual fule, to be destroyed one year
after the last entry. Each district inspector shall also make entries, as
circumstances may require, in the confidential note-books which shall be
maintained at the headquarters of each district or sub-division separately for
each police station. Such note books shall be permanent records, kept by the
gazetted officer or inspector in supervisory chare of the police station
concerned fo the time being, and containing matter of the kind which is
required by Rule 21-8 to find a place in the confidential note-book maintained
bythe Superintendent for the district as a whole.
20-14. Inspection
of licensed premises under the Arms Act – (1) Under Rule V of Rules
made by the local Government under the Indian Arms Act, 1878, to shops,
premises and stocks of all licensed manufacturers and dealers shall be
inspected once in every quarter bya police officer not below the rank of Deputy
Superintendent. At least one inspection in each year shall be performed by the
Superintendent of Police.
In a
district in which there is no Assistant or Deputy Superintendent of Police
quartersly inspections may be carried out by an inspector.
The
full rules under the Arms Act are printed as Appendix 20-14 of this chapter.
(2)
Under these rules registers in Forms E, F, G, H and I are required to be kept
up in the office of Superintendents of Police and information from these
registers supplied to police stations for inclusion in register No.17 (rule
22-68).
20-15. Proposals
for the improvement of police organization – It is the duty Deputy
Inspector-General to initiate proposals for the improvement of the police
organization in their ranges and to co-ordinate such proposals so that, as
funds become available, they may be distributed to the best advantage and in
accordance with the relative urgency of requirements. Deputy Inspector-General
should furnish the Inspector-General, in advance of the season for the
preparation of budgets and supplementary demands, with proposals affecting
establishments; buildings and land, clothing and equipment or the provision of
technical aids to the police, and funds for rewards and similar expenditure in
combating crime. The Inspector-General will decide whether to accept and
recommend such proposals, but it is for Deputy Inspectors-General to put them
forward. Each separate proposal should be submitted to the Inspector-General in
a self-contained form, after all necessary details have been worked out and the
opinions of those concerned obtained. To save unnecessary labour on cases which
have little chance of obtaining early sanction, it is usually desirable that an
outline of proposals, which are important but not of extreme urgency, should be
put before the Inspector-General unofficially in the first instance. The Inspector-General
can then, if he approves of the proposal on its merits, indicate whether, in
view of the requirements of the province as a whole and of the financial
position, it should be put forward officially or held in abeyance.
20-16. Provincial
Police Conference – Ordinarily a provincial conference of police officers will be held in
alternate years during the cold weather. The Inspector-General will preside at
such conference and such subjects will be discussed as he may decide.
Gazetted
officers who may be particularly interested in particular subjects or branches
of police work may volunteer or be invited to prepare papers which will form
the bases of discussions at the conference. Such papers and the result of
discussions will be published in the Punjab Criminal Intelligence Gazette for
the information of all police officers.
20-17. Range
Conference – Deputy Inspectors-General may arrange from time to time to hold
conferences of gazetted officers within their ranges and may also arrange with
other Deputy Inspectors-General for inter-range conferences. Such conferences,
however, shall be held only in order to discuss definite matters of common
concern, where a definite improvement in co-operation or methods of prevention
and detection of crime can be anticipated as an outcome.
20-18. Meeting
of gazetted officers – Superintendents of adjoining districts shall meet to
discuss measures of co-operation as often as may be necessary in the interest
of efficient working.
The
proceedings of such meetings shall be briefly recorded in a minute book to be
maintained for the purpose in each district, and a copy shall be attached to
the weekly diary of the Superintendents concerned. At the reverse end of the
minute book a record of meetings between inspectors and officers in charge of
police stations shall be maintained in Form 20-18.
20-19. Meetings
of non-gazetted officers – Superintendents shall also arrange for half-yearly
meetings at headquarters of all officers in charge of police stations. At these
meetings officers will be examined in riding and revolver shooting and all new
rules and orders will be discussed and explained to them.
Appendix no. 20-14
Notification
No. 8408 Home / General dated the 5th March 1929 – The following
revised rues which has been made by the Governor in Council under the Indian
Arms Act, 1878 (Act XI of 1878) are hereby published for general information,
in suppression of the rules published with Punjab Government notification No.
943, dated the 10th July 1907, No. 15486, dated 10th May
1922 and No. 28576, dated the 9th October 1923:---
Rules
Powers
I. The Governor in Council is pleased to
empower all Magistrates and all police officers not below the rank of officer
in charge of a station to detain arms, ammunition or military stores under section
6.
II. The Governor in Council is pleased to
empower all police officer not below the rank of officer in charge of a station
to conduct searches under section 25.
III. All police officers of rank not below
that of officer in charge of a station are appointed, in virtue of their
office, to conduct searches under section 30.
Stock and account books to be kept by
licensed manufacturers and dealers
IV. All persons holding licenses to
manufacture, convert, sell of keep for sale arms, ammunition or military stores
shall maintain stock books and accounts of receipts and issues in Forms A and B
of the Appendix to these rules and all persons holding licenses to sell or keep
for sale arms, ammunition or military stores shall maintain stock and account
books in Forms C and D.
The
pages of these books shall be numbered and before any entries are made the
books shall be exhibited, together with the manufacturer’s or dealer’s license,
to the District Magistrate or to a subordinate Magistrate.
Such
Magistrate will sign the first and last pages of each book and seal them with
his official seal.
V. The shops, premises and stocks of all
licensed manufacturers and dealers shall be inspected once in every quarter by
a Police officer not below the rank of Deputy Superintendent. In a district in
which there is no Assistant or Deputy Superintendent of police quarterly
inspections may be carried out by an Inspector. At least one inspection in each
year shall be performed by the Superintendent of Police.
At the
time of inspection the books shall be initialled by the inspecting officer.
Any
irregularity or breach of the rules which may be noticed shall be at once
reported to the District Magistrate.
VI. (1) Whenever a licensee makes a sale of arms,
ammunition or military stores he shall within 48 hours make a report thereof to
the Superintendent of Police of the district in which the licensee has his
place of business, factory or shop and shall in such report state.---
(a)
the name, description and residence of the
person who takes delivery of the article sold;
(b)
the nature and quantity of the articles sold;
(c)
the date of sale;
and such report
shall be signed by the licensee.
(2) Similar
details of purchases of arms made by Indian Chiefs and Notables of Indian
States shall be communicated by the Arms Dealer immediately after the
transaction direct to the political officer in charge of the State to which the
purchaser belongs. Copies of the list of Independent and Native States showing
the designation and address of the political officers in charge of them are
supplied to the District Magistrates and each vendor of arms should be provided
with a copy.
VII. Under
proviso (a) to sub-rule (3) of rule 42 of the Indian Arms Rules, 1924, the
Governor in Council is pleased to direct that licenses in Form XI and Form XII
of schedule VII of the said rules, may be renewed by the Commissioner of the
division in which the licensee resides or carries on business.
VIII. On receiving notice of sale under clause 2, section 5, by a
person lawfully pssessing arms to any person not prohibited from possessing the
same, the Magistrate or police officer may make inquiries as to the correctness
of the purchaser’s name and address, and if necessary obtain a report from the
Superintendent of Police of the district in which the purchaser lives.
Deposit of Arms
IX. When
any arms, ammunition or military stores have been deposited at a police station
under section 16 of the Act, the officer in charge of the station shall affix
to each weapon or article a ticket showing the name of depositor and the date
fo deposit, and shall give the depositor a duplicates or copy of the same.
After
seven days if the owner has not obtained a license authorizing him to possess
them, the arms, ammunition or military stores shall be forwarded to the
headquarters of the district and kept in the malkhana of the District
Magistrate or in the Police Magazine.
The
sheriff or other ministerial officer to whom they are entrusted shall keep a
register in which the articles so deposited shall be described and entered
under serial numbers, and fresh tickets shall be affixed showing the owner’s
name and the corresponding number of the register.
X.
(i) Arms and ammunition, the possession
of which has become unlawful, may be deposited with such licensed dealers only
as possess a supplementary license from the local Government in Form M attached
to these rule.
(ii) Such licenses may be granted by the
District Magistrate of the district in which the applicant resides to the
holder of a license in Form IX, X, XI or XII in schedule VII attached to the
Indian Arms Rules, 1924.
XI. The depositor shall, within a week of
deposit, deliver to the District Magistrate of the district in which he resides
a receipt obtained from the licensed dealer for the articles deposited.
XII. (1) Arms, ammunition or military stores
deposited under section 16 (1) of the Indian Arms Act, 1878, with an officer in
charge of a Police Station shall be forfeited to His Majesty on the termination
of one year from the date of deposit.
(2) Arms,
ammunition or military stores deposited under section 16(1) of the Indian Arms
Act, 1878, with a licensed dealer shall be forfeited to His Majesty on the
termination of tree years from the date of deposit:---
Provided that the District
Magistrate of the district in which articles are deposited may for special
reasons extend the periods mentioned in sub-rule (1) or sub-rule (2) by not
more than six months, or, where the articles are deposited in consequence of
the decease of the owner and the articles are inherited by a minor, until the
termination of the latter’s minority.
Arms and Military
Stores seized.
XIII.
Arms, ammunition or military stores seized under sections 11, 25 or 26
shall be dealt with according to the procedure laid down in rule IX.
Disposal of
Confiscated Arms.
XIV. Arms,
ammunition or military stores that have become forfeited to His Majesty under
rule XII or that have been confiscated under section 24, shall be disposed of
as follows:---
(1)
Arms, ammunition and stores which can be
utilized by the police or by any department under Government may be retained
and brought into use with the sanction of the local Government. Arms,
ammunition and stores not so retained may be sold to licensed dealers or other
persons entitled to possess them.
(2)
Any rifled firearms or rifle barrels not so
disposed of shall be sent to the nearest ordnance office rto be broken up-other
arms shall be broken up locally and the materials sold.
(3)
Any ammunition or stores not disposed of under
the provisions of sub-rule (1) shall be destroyed.
REWARDS TO INFORMERS
XV. When any arms or other articles are
confiscated under section 24, the convicting Magistrate shall, immediately upon
conviction, pay an reward of not less than half the value of the confiscated
viction, pay a reward of not less than half the value of the confiscated
articles to the person or persons who may have given information which led to
the detection of the offence, or who may have given information which led to
the detection of the offence, or who may have assisted in the arrest of the
offenders and seizure of the arms or other articles.
Magistrates should arrange for such
payments by recommendation to the Police Department, at whose disposal there is
a provision for such rewards under head 26-B – Police.
XVI. Any
Magistrate convicting an offender of any offence under the Act may at his
discretion, grant a reward not exceeding the amount of fine imposed, in such
proportions as be may think fit, to any person or persons who have contributed
to the arrest of the offenders or the seizure of the arms or other articles.
Arrangements for payment should be made as in rule XV.
REGISERS OR LICENSES
XVII. Every District Magistrate shall keep up in
Form E of the Appendix to these rules a register of all licenses to manufacture,
convert sell or keep for sale any arms, ammunition or military stores granted
by him or by the local Government under rule 28
of the Indian Arms Rules, 1924, and shall keep up in Form F a register
of all licenses to sell or keep for sale granted by him or by the local
Government under the same rule.
All
Superintendent of Police shall keep up similar registers in English.
Magistrates of districts will supply to their Superintendents of Police copies
of all such licenses issued by them or by the Local Government.
XVIII. All inspections of the shops, premises and
stocks of licensed manufacturers and vendors by Inspectors of Police or
superior officers shall be reported to the District Magistrate, and shall be
entered in the registers.
XIX. Registers of licenses granted by the
District magistrate or by any Sub-Divisional Magistrate specially empowered by
the local Government in that behalf, under rules 81, 88 and 85 and 86 of the
Indian Arms Rules, 1942, shall be kept up by him in Form G, H and I, respectively.
Similar
registers will be kept up in English, by the Superintendent of Police, to whom
the District Magistrate or the sub-Divisional Magistrate specially empowered by
local Government will furnish copies of all such licenses granted by him.
The Superintendent
of Police will supply each officer in charge of a station with an extract
giving the parts of each register which concern his jurisdiction.
XX. Licensing authorities who receive reports
of permanent changes in the address of license-holders, under condition 11 of
the conditions attaching to a license in Form XVI of schedule VII of the Indian
Arms Rules, 1924, shall cancel the relevant entry in the registers prescribed
by rule XIX above, and inform the licensing authority of the district to which
the license-holder changes his residence accordingly. The latter shall register
the license in the manner shown below:---
“ Transferred from the district”
If
subsequent changes of permanent address are intimated to the issuing authority,
he shall transmit the report to the authority with whom he arranged the
transfer of the license.
XXI. All persons enjoying exemption under
schedule 1 of the Indian Arms Rules, 1924, shall furnish to the District
Magistrate of the district in which they reside, within three months from the
date of order of exemption, a list showing the number and description of arms
in their possession, and shall thereafter inform the District Magistrate in
writhing of any increase or decrease in such number within one month from the date
on which such increase or decrease takes place. Failure on the to the part of
an exemptee to comply with this rule will render him liable of any
communication made by an exemptee in accordance with the provisions of this rule.
Every
District Magistrate shall maintain a register of such arms in the possession of
exemptees.
XXII. With reference to sub-rule (3) of rule 33 of
the Indian Arms Rules, 1924, the Governor in Council is pleased to direct that
holders of licenses in Form XVI, granted in other provinces, and having effect
in the Punjab, shall, upon entering any district in the Punjab, send their
licenses to be endorsed by the District Magistrate, and shall inform him of the
probable period of their stay in his district; provided that when the period spent
in any district does not exceed fourteen days, no endorsement shall be
necessary. No fee shall be paid in respect of any endorsement made in
accordance with this order.
XXIII. Returns in Forms K and L shall be prepared for
each calendar year and submitted by District Magistrate through Commissioners
to the Inspector – General of Police.
HOME DEPARTMENT
FORM A-1.
STOCK BOOK FOR
AMMUNITION AND MILITARY STORES ONLY OF _______________ SON OF _______________
CASTE ___________ RESIDENT OF _____________ LICENCED TO MANUFACTURE, CANVERT,
SELL, OR KEEP FOR SALE, ARMS AMMUNITION AND MILITARY STORES
|
Date
|
Name
and designation of purchaser
|
FIRE
ARMS
|
AIR
WEAPONS
|
OTHER
WEAPONS
|
|
Prohibited
bore weapons
|
Other
Branch Loading weapons
|
Muzzle-Loading
weapons
|
|
Revolvers
|
Pistols
|
Rifles
|
S. B. Guns
|
D. B. Guns
|
S. B. Rifles
|
D.B. Rifles
|
Revolvers
|
Pistols
|
S. B. Guns
|
D. B. Guns
|
S. B. Rifles
|
D. B. Rifles
|
Revolvers
|
Pistols
|
Any other type of
fire arm
|
Air Guns
|
Air Rifles
|
Air Pistols
|
Swords
|
Sword stick
|
Bayonets
|
Daggers
|
Kukris
|
Hunting Knives
|
Any other weapons
other arms
|
Initials of the
licence holder or of his agent or Manager
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
18
|
19
|
20
|
21
|
22
|
23
|
24
|
25
|
26
|
27
|
28
|
29
|
30
|
|
1-1-1932
2-1-1932
|
In stock
Received
Manufactured
Disposed of
In stock
Received
Manufactured
Disposed of
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM A-2
STOCK
BOOK FOR AMMUNITION AND MILITARY STORES ONLY OF _______________ SON OF
_______________ CASTE ___________ RESIDENT OF _____________ LICENCED TO
MANUFACTURE, CANVERT, SELL, OR KEEP FOR SALE, ARMS AMMUNITION AND MILITARY
STORES
|
Date
|
______
|
Prohibited
bore cartridges for
|
Shot gun
cartridges of larger than No. 1 pellet
|
Loaded
Cartridges for
|
Empty
case for
|
Gun powder (R. s)
|
Shot (R. s)
|
Percussion caps
|
Bullets
|
Wade
|
Fuses
|
Slugs
|
Sulphur
|
Lead
|
Other types of
ammunition or military stores.
|
Initials of the
licence holder or of his Agent or Manager
|
|
Revolvers and
pistols
|
Rifles
|
Shot Gun
|
Rifles
|
Revolvers and
pistols
|
Shot Gun
|
Rifles
|
Revolvers and
pistols
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
18
|
19
|
20
|
21
|
22
|
|
|
1-1-1932
2-1-1932
|
In stock
Received
Manufactured
Disposed of
In stock
Received
Manufactured
Disposed
of
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM B
STOCK
BOOK FOR AMMUNITION AND MILITARY STORES ONLY OF _______________ SON OF
_______________ CASTE ___________ RESIDENT OF _____________ LICENCED TO
MANUFACTURE, CANVERT, SELL, OR KEEP FOR SALE, ARMS AMMUNITION AND MILITARY
STORES
|
Date
|
____
|
Gun
Powder
|
Gun caps
|
Revolver
and Pistol Cartridges
|
Shot
Gun Cartridges
|
Rifle
Cartridges
|
Rifle and Lethal
bullets
|
Lead
Shot and Bullets
|
B.L. Guns
|
M. L. Guns
|
Revolvers
|
Pistols
|
Rifles
|
Air Rifles
|
Swords
|
Bayonets
|
Spears
|
Daggers and other
weapons
|
Remarks
|
|
Nitro.
|
Black
|
˙410 to .455
bore
|
Others
|
Loaded
|
Empty
|
˙303˙
|
M.H.
|
Others ˙450
|
Loaded
|
Empty
|
Bags of 28 lbs
|
Lbs
|
Oz
|
|
Lbs.
|
Ozs
|
Lbs.
|
Ozs
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM C
Is the
same as Form A, except that in heading for the words “licensed to manufacture”,
etc., read “ licensed to sell, or keep for sale”, etc., and in column a omit
the word ‘manufacture”.
------
FORM D
Is the
same as Form B, except that in heading for the words “licensed to manufacture”,
etc., read “ licensed to sell of keep for sale”, etc.
------
FORM E
register of licenses to manufacture, convert, sell or
keep for sale arms, ammunition or military stores in district
__________________
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
Tahsil
|
No.
|
Name of licensee.
|
Father’s name and
caste and residence
|
Place of business
|
Date
|
Inspections by
|
By Magistrate of
district or Superintendent of Police
|
Remarks
|
|
Assistant
of Deputy Superintendent or Inspector of Police
|
|
1st
|
2nd
|
3rd
|
4th
|
|
|
|
|
|
|
|
|
|
|
|
|
|
------
FORM F
Is the
same as Form E, except that in heading for “licenses to manufacture”, etc.,
read “ licenses to sell or keep for sale”, etc.
------
FORM G
REGISTER OF LICENSES TO POSSESS ARMS, AMMUNITION OR
MILITARY STORES GRANTED UNDER RULE 31
District __________
|
|
8
|
9
|
10
|
|
The
first seven columns as in Form H
|
Place
where arms are to be kept
|
Term
for which license is valid
|
Remarks
|
FORM H
register of licenses granted under rule 33 to possess
arms of ammunition, and to go armed for the purposes of sport, protection or
display in ________________ district
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
Tahsil
|
No.
|
Date
|
Name of license
holder
|
Father’s Name,
caste, etc.,
|
Residence
|
Number and
description of weapons
|
Remarks
|
|
|
|
|
|
|
|
|
|
------
FORM I
register of licenses granted under rules 35 and 36 to
possess arms and ammunition and to go armed fro the purpose of destroying wild
animals which do injury to human beings, cattle or crops in ___________
district
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
Tahsil
|
Form and No.
|
Date
|
Name of license
holder
|
Father’s name and
caste
|
Residence
|
Place for which
license is valid
|
Weapon
|
Date of expiry of
license
|
Inspection
by Magistrate of weapon and license
|
Remarks
|
|
1st
year
|
2nd
year
|
3rd
year
|
4th
year
|
5th
year
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM K
return of licenses granted under act xi of 1878 in the
district of _______ for the year __________
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
|
Detail
of Licenses
|
Number of licenses
in force last year
|
OPERATIONS
OF THE YEAR
|
Number in force at
end of present year
|
Remarks by Deputy
Commissioner
|
Remarks by
Commissioner
|
|
New licenses
|
Renwed licenses
|
Revoked or
suspended
|
|
1.
|
In form VII to
transport arms, ammuniction or military stores
|
|
|
|
|
|
|
|
|
2.
|
In form IX to
manufacture, convert, sell or keep
|
|
|
|
|
|
|
|
|
3.
|
In form X to keep
and sell
|
|
|
|
|
|
|
|
|
4.
|
In form XIV for
the possession of arms
|
|
|
|
|
|
|
|
|
5.
|
In form XV for the
possession and use for target practice
|
|
|
|
|
|
|
|
|
6.
|
In form XVI to
possess arms or ammunition and to go armed for purposes of sport, protection
of display
|
|
|
|
|
|
|
|
|
7.
|
In form XVIII for
the destruction of wild animals which do injury to human beings and cattle
|
|
|
|
|
|
|
|
|
8.
|
In form XIX for
the destruction of wild animals doing injury to crops and cattle
|
|
|
|
|
|
|
|
|
9.
|
In form XX for
going armed on a journey in or through any Province
|
|
|
|
|
|
|
|
FORM L
annual statement of the operation of the arms act, xi
of 1878, in the district of _________ for the year __________
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
18
|
19
|
20
|
21
|
22
|
23
|
24
|
25
|
|
Number of persons punished under
|
Number and description of Weapons confiscated
|
Value of fines
imposed and realized
|
Amount paid as
rewards to iformers, etc.
|
Remarks
|
|
Section
19, for offence under
|
Section 20 for
secret breaches
|
Section 21 for
breach of license
|
Section 22 for
knowingly purchasing from an unlicensed person or delivering to person not
authorised to possess
|
Section 28 for
failure to give information as required in Section 28
|
Total punished
(columns 1 to 13)
|
Rigles
|
Smooth bore guns
|
Pistols
|
Swords
|
Bayonets
|
Daggers or knives
|
Spears
|
Others
|
|
Clause a
|
Clause b
|
Clause c
|
Clause d
|
Clause e
|
Clause f
|
Clause g
|
Clause h
|
Clause i
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
This
return will be submitted yearly through Commissioners to the Inspector-General
of police.
Deputy
Commissioner
FORM M
[ See rule (X) ]
FREE OF ALL FEE
LICENSE FOR THE POSSESSION BY LICENSED DEALERS OF ARMS
OR AMMUNITION DEPOSITED BY THEIR OWNERS UNDER SECTION 16 OF THE INDIAN ARMS
ACT, 1878, AS AMMENDED BY ACT XX OF 1919.
|
Name,
description and residence of licensee
|
Description
of arms of ammunition
|
Place
(with description), where articles are to be kept
|
Period
for which the license is valid
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
(
Singnature )
The
_________________________of ______________19
.
District
Magistrate of the District
conditions
1.
This license is granted to all the
provision of the Indian Arms Act, 1878, and of the Indian Arms Rules, 1924.
2.
It covers arms of the description given
in column 2 only so long as they are kept, in the place described in column e,
but does not authorise the licensee –
(i)
to go armed.
(ii)
To keep arms or ammunition which are
the property of Government.
3.
The licensee shall maintain a register
of all arms or ammunition in his possession under this license showing the
name, description and residence of the licensee, the description of the arms or
ammunition, and the date of deposit.
4.
To every depositor the licensee shall
give a receipt in duplicate containing the particulars mentioned in condition
3, and shall himself send a copy of the entry in his register to the officer in
charge of the nearest police station.
5.
He shall exhibit such arms and his
register on the demand of any magistrate or any police officer of a rank not
below that of Inspector.
6.
The licensee shall forthwith give
information at the nearest police station of the loss or theft or any arms
covered by the license.
7.
On the termination of one year from the
date of deposit, if the arms or ammunition have neither been returned nro
disposed of under section 16(a) of the Indian Arms Act, 1878, the licensee
shall inform the District Magistrate of that fact, and shall deal with the arms
or ammunition according to his order.
form no. 20-1
Opening
sheet for Deputy Inspector-General’s Inspection Report
Inspection report by
__________________________________________________________
_________________________________________________________________________________
District _____________________ Date of inspection ________________________ 19 .
No. of Police
Station______________________________
Sanctioned
strength:-
Inspectors________________________ Mounted
_____________
Head
Constables … …
Sergeants
________________________ Foot
________________
Sub-Inspectors
____________________ Mounted
_____________
Constables … …
Assistant
Sub-Inspectors ____________ Foot
________________
I. Notes
should follow, on half margin foolscap, on the following matters:-
(1) Accounts. (2)
Condition and upkeep of clothing and equipment funds. (3) Chanda fund. (4)
English office and registers. (5) Character rolls; standard and classes of
recruits. (6) Departmental punishments; postings, transfers and leave. (7) Seniority and promotion lists. (8)
Training of probationary officers.
(9) Crime and police working, with a statement showing fluctuations in
the total and main classes of crime in the past ten years. (10) Proclaimed
offenders and absconders. (11) Surveillance and preventive measures. (12) Additional police and their
management. (13) Prosecuting Inspector’s Office and Inspectors; control
exercised by and touring done by those officers. (15) Opinion of the District
Magistrate on the working of the police. (16) Confidential office of the
Superintendent – (a) condition of records, (b) possession of cipher code and
observation or rules, (c) whether riot, alarm and internal security
schemes are correct and up to date. (17) Miscellaneous remarks.
II. Separate reports on (a)
Headquarter Lines, including school and headquarter guards, (b) Police
Hospital, (c) each Police Station inspected by the Deputy Inspector
General, should be attached to the main report.
form no. 4(4)
Lines daily report register
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Number present in
lines
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Number
of parades
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Sick and on leave
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1st
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2nd
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3rd
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4th
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I – Recruits … …
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Number on escort
duty
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Number on special
duty with nature of duties
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II –
Constables on general duty … …
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III –
Head Constables on general duty …
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IV –
Upper subordinates on general duty …
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Name of
officer
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Nature
of duties on which employed
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V –
Patrolling performed with time and guards visited
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Reserve
Inspector
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Lines
officer
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Other
officers
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VI –
Headquarters Lines School
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Number
of recruits present
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Number
of men from thanas present
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Number
of men on general duty
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Names
of officer who lectured
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VII.
Escorts arriving from other districts
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VIII –
Names of officers and men under suspension
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IX –
Duties performed by mounted police
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X – Any
special matter such as shortage of men, transfers ordered but not carried
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Reserve
Officer
Signature
of --------------------
Lines
Officer
FORM No. 20-5(1)
POLICE DEPARTMENT. ______________
DISTRICT
INSPECTION REPORT
Inspection report on the ----------------------
Police Station.
Statement of Crime for quarter ending
-----------------------------
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1
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2
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3
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4
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5
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6
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7
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8
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9
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10
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11
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12
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13
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14
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15
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Section of Code
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Offence
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CASES
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PERSONS
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PROPERTY
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REMARKS
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Reported
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Admitted
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Not investigated
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Sent for trial
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Convicted
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Pending in court
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Arrested
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Convleted
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Discharged
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Pending
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Value
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Stolen
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Recovered
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Total
of corresponding quarter of previous year
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---------------------------------------------------
When and
by whom last inspected
--------------------------------------------------
dated of
present inspection and name of Inspecting Officer
--------------------------------------------------------------------------
Remark below on the following
matters quoting the corresponding serial No.:---
(I)
State of crime generally and working of
Police. (2) Preventive measures under security sections and Habitual Offenders
Act. (3) General Heading :- Known or suspected criminals. Sub-Headings:- (a)
Surveillance of Bad Characters and bad Character Rolls. (b) History Sheets. (c)
Information Sheets. (d) Proclaimed offenders and absconders. (e) Registered
Criminal Tribes. (4) Village Crime Register. (5) Office books. (6) Condition of
buildings. (7) Arms and Ammunition. (8) Clothing. (9) Equipment. (10) Horses
and bicycles. (11) Other Government Property. (12) Drill and Discipline. (13)
Name of officer in charge, with date of assuming charge. (14) Persons in
receipt of aid from Police Charities. (15) General Remarks.
|
Serial
No.
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Subject
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Remarks
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FORM No. 20-5(4)
POLICE DEPARTMENT. ______________
DISTRICT
Inspection
duty performed during the --------------------------- quarter of 19
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1
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2
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3
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4
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5
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6
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7
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8
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9
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10
|
11
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Police Stations in
the district
Outposts
Posts
|
NUMBER
|
Stations
|
Outposts
|
Road and other posts
|
Villages
|
Number of days spent in the interior
|
Number of cases personally investigated by officers in column 1. See
note at foot of page
|
Explanation of Superintendent of any insufficient inspection, with
names of any Police Station not inspected with in past 6 months
|
Remarks by Deputy Commission
|
Remarks by Deputy Inspector – General
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Rank of
officer
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Name
|
Date of
joining district
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S. Police
A.S.Police
A.S.Police
Dy. Supdt. of
Police
|
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Total …
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NOTE. – In columns 2 to 8
oppo-ite name of each officer and total just above the figures relating to the
quarter, the totals from 1st January in each year shall be entered
in red Ink.
NOTE. – Only those cases
will be entered in column 8 in which the officer referred to in column 1 bas
visited the locality repurted the enquiries made by him in his weekly Diary No.
1 and given orders for the guidance of the officer in direct charge of the
investigation.
-----------------------
Names of
places inspected and visited by Police Officers during the quarter as shown in
columns 2 to 4 of obverse.
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1
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2
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3
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4
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5
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6
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7
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8
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9
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10
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11
|
12
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By Superintendent
|
By Assistant Superintendent
|
By Assistant Superintendent
|
By Deputy Superintendent
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Stations
|
Outposts
|
Road
and other posts
|
Stations
|
Outposts
|
Road
and other posts
|
Stations
|
Outposts
|
Road
and other posts
|
Stations
|
Outposts
|
Road
and other posts
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Date
______________________
Superintendent
of Police
The
______________________ 19
FORM No. 20-6.
DISTRICT RANGE
CHECK
LIST OF INSPECTION DUTY FOR THE YEAR 195
(To Be Prepared By Hand)
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1
|
2
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3
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4
|
5
|
6
|
7
|
8
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|
Classifications
|
Serial No.
|
Name of stations, outposts and posts
|
Quarter ending 31st March
|
Quarter ending 30th June
|
Quarter ending 30th September
|
Quarter ending 31st December
|
Remarks
|
|
*
|
Name of
Inspecting Officer
|
*
|
Name of
Inspecting Officer
|
*
|
Name of
Inspecting Officer
|
*
|
Name of
Inspecting Officer
|
|
Police Station
|
|
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Outposts
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Posts
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·
To be filled in from quarterly
inspection returns, Form No. 20-5 (4).
Note. – Places not
inspected should be marked off with a dash (-).
-------------------------------
FORM No. 20-18.
RECORD OF MEETINGS BETWEEN NON-GAZETTED OFFICERS.
|
1
|
2
|
3
|
4
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|
Date
|
Place
of meeting
|
Officers
present at the meeting
|
Report
received
|
|
|
|
|
|
****
