MANUAL - Sikkim Policesikkimpolice.nic.in/e_library/Sikkim_Police_Manual/... · 2013. 6. 5. ·...

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Transcript of MANUAL - Sikkim Policesikkimpolice.nic.in/e_library/Sikkim_Police_Manual/... · 2013. 6. 5. ·...

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MANUAL

VOL - III

SIKKIM POLICE

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Volume III

First compiled in 2013 bySIKKIM POLICEGangtok - 737101SikkimWebsite: www.sikkimpolice.nic.in

Designed & Printed by

REPROMAN1st Floor, Mani Bhawan,123 Church Road,Siliguri - 734001 (WB)Tel: +91 353 - 2431258Fax: +91 353 - 2530645Email: [email protected]

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Regulation Subject Page

46.1 Introduction 146.2 Mechanism 146.3 Meetings of the Committee 146.4 Women Police 246.5 Manpower Planning 4

Chapter 47Recruitment, Pay & Probation

47.1 General 747.2 Recruitment, Pay, Probation, Training and

Promotion of Senior Officers.7

47.3 Indian Police Service 747.4 Sikkim State Police Service 747.5 Inspectors of Police 847.6 Determination of vacancies 847.7 Confirmation of Service 947.8 Unsatisfactory Probation 947.9 Recruitment, Training, Examinations and

Promotion of Non-Gazetted Officers9

47.10 Procedure 1147.11 Syllabus & Marks for the Written Examination,

Physical Efficiency Test and Viva Voce for the post of Sub-Inspectors of Police

14

47.12 Syllabus & Marks for the Written Examination, Physical Efficiency Test and Viva for the post of Constables

14

Chapter 46Personnel Management & Manpower Planning

CONTENTS VOL III

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Regulation Subject Page

47.13 Standards of Physical Efficiency Test 1547.14 Standards prescribed for posts in Technical wings/Drivers 1847.15 Selection Lists/Appointment Order 1847.16 Verification of Antecedents 1947.17 Medical Examination 2047.18 Compassionate Appointments 2047.19 Appointment of Specialists by deputation/contract 2147.20 Appointment by Conversion and Transfer 2147.21 Voluntary Retirement 2147.22 Pay 2247.23 Re-Enlistment after Resignation 2247.24 Inter-se-seniority 22

Chapter 48Training of Personnel

48.1 Introduction 2348.2 Trainings 2348.3 In-Service, Specialised and other Training courses 25

Chapter 49Transfers & Postings

49.1 Transfer and Relief of Officers 2749.2 Postings and Transfers in Police Organisation 2749.3 The Appropriate Authorities for Transfer 2749.4 Reports of Relief of Gazetted Officers 2849.5 Handing Over Notes 2849.6 Postings and Transfers of Non-Gazetted Officers 2949.7 Points of Consideration for Transfers 29

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49.8 Exceptional Cases 3049.9 Transfers after Academic year 3049.10 Joining Time 3149.11 Relief of Inspectors and Sub-Inspectors 31

Chapter 50Promotions

50.1 Introduction 3350.2 Procedure for Promotion of Police Officers 3350.3 Eligibility for Promotion 3450.4 Preparation of Promotion Panels 3450.5 Promotions of DySP and higher rank officers 3550.6 Preparation of Panels of Inspectors for promotion to DSP 3550.7 Promotion of Sub-Inspectors to Inspectors 3650.8 Promotion of ASIs/HCs/Cts to next higher rank 3650.9 Papers/Information to be submitted for consideration of DPCs 3850.10 When Review DPC may be convened 3850.11 Role of DPC in Disciplinary Cases – Sealed Cover Procedure 3850.12 Promotion after completion of disciplinary proceedings 3950.13 Six-monthly review of “Sealed Cover” cases 3950.14 Promotion, Seniority and Eligibility of person

on whom a punishment has been imposed40

50.15 Assured Career Progression Scheme 41

Chapter 51General Administrative Instructions

51.1 Correspondence - General Rules 4351.2 Classification of Correspondence 44

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51.3 Dispatch of Papers 4451.4 Disclosure of the Identity of Sources 4551.5 Communication of Secret Information 4651.6 Radio Messages 4651.7 Demi-Official Communications 4751.8 Forms and Addresses 4851.9 Disposal of Applications/Petitions from the Public 4851.10 Correspondence with Public Representatives 4951.11 Correspondence with Government 5051.12 Orders Issued by Ministers 5051.13 Replies to Legislative and Lok Sabha,

Rajya Sabha Questions, etc.51

51.14 Correspondence with Other States 5251.15 Direct Correspondence with Foreign Countries 5251.16 Correspondence with the Accountant General 5351.17 Form of correspondence with Sub-Divisional Revenue Officer

and Magistrates53

51.18 Form of correspondence between Station House Officers and Officers superior in rank to them

53

51.19 Papers, which have to be sent through the Deputy Inspector General of Police/Range and the ADGP/IGP, Law & Order

54

51.20 Prompt Submission of Reports to Head Quarter 5551.21 Delay in the Disposal of Official Correspondence 5651.22 Unpaid Letters 5651.23 Orders on Petition 5651.24 Nil returns 5751.25 Corrections 5751.26 Correspondence to be in Official Language of the State 5751.27 Filing and weeding of records 57

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51.28 Receipt-cum-Despatch 5851.29 Attendance 5951.30 Tours 5951.31 Leave 6051.32 Charge of branch/office during leave/tour of officers 6051.33 Annual Confidential Rolls 6051.34 Premature retirement in public interest 6251.35 Home Guards/Mustor Roll Employment 6451.36 Dress 6551.37 Application of Other Rules 65

Chapter 52Financial Management

52.1 Introduction (Financial Management) 6752.2 Budgetary Grants 6752.3 Surrender & Reappropriation of unspent grants 6852.4 Monthly Statement of Expenditure 6952.5 Account Procedure 6952.6 General Rules regarding Account Paper 7152.7 Account Books 7252.8 Arrear Bills 7252.9 Pension 7352.10 Travelling Allowances 7352.11 Medical Expenses 7352.12 Undertaking for Loan/Insurance Subscription etc. 7352.13 Stock/Assets Register 73

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Chapter 53Police Welfare, Grievance Redressal and Sports

53.1 Introduction 7553.2 Administration of Welfare Activities 7553.3 Functions and Duties of Welfare Officer 7553.4 Insurance cover, allowances and medical facilities 7653.5 Sikkim Police Welfare Fund (SPWF) 7753.6 Group Savings Linked Insurance Scheme 8253.7 Sikkim Government Employees Group Insurance Scheme 8253.8 Sikkim Police Consumer’s Cooperative Society Limited 8253.9 Subsidiary Police Canteen 8353.10 Grievance Redressal 8353.11 Sikkim Police Sports Fund 84

Chapter 54Conduct and Discipline

54.1 Introduction 8554.2 Conduct Rules 8554.3 Salutes and official greetings 94

Chapter 55Rewards

55.1 Introduction 9955.2 Classification 9955.3 Monetary Rewards 9955.4 Appreciation/Commendation letters 10055.5 No direct and private rewards 10055.6 No delay in giving rewards 100

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55.7 Sanctioning powers of officers 10055.8 Recapture of prisoners escaped from jails and lock-ups 10155.9 Rewards for capturing deserters 10155.10 Rewards for saving life and property during fires,

natural calamities etc.101

55.11 Communication of rewards 10155.12 Rewards offered by foreign government 10155.13 Rewards to government servants of other departments 10155.14 Rewards to private persons 10155.15 Certificates to private individuals 10255.16 Medals 10255.17 Eligibility parameters 10255.18 Procedure and method 10355.19 Publicity of the Award 10455.20 The Prime Minister’s Medal for Life-saving 10455.21 The Police (Special Duty) Medal 10455.22 The order and manner of wearing decorations and medals 10455.23 Loss of medal to be reported 10555.24 Awards by the State Government 105

Chapter 56Departmental action, punishment and appeal

56.1 Introduction 10756.2 The Rules 10756.3 Disciplinary Penalties 10756.4 Disciplinary authority 10956.5 Procedure for imposing penalties 10956.6 Procedure to be strictly followed 110

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56.7 General principle of punishment 11156.8 Censure 11156.9 Withholding of increments or promotion 11256.10 Reduction to a lower rank, grade or stage 11256.11 Suspension 11356.12 Basic consideration for suspension 11456.13 Date from which suspension order is effective 11656.14 Suspended person not to leave headquarters 11656.15 Appeal against suspension 11756.16 Period of suspension 11856.17 Speedy investigation into cases in which an

officer is under suspension119

56.18 Preliminary enquiry 12056.19 Memorandum of charges 12056.20 Inquiring authority 12256.21 Presenting officer 12456.22 Inquiry proceedings 12456.23 Defence plea 12556.24 Inspection of documents by the delinquent police officer 12556.25 Recording of evidence 12656.26 Documents to be taken on record 12756.27 Defence Witnesses 12856.28 Attendance of witnesses 12856.29 Responsibility of the inquiring authority 12956.30 Precautions for inquiring officer 12956.31 Drawing up of the findings of the enquiry 12956.32 Forwarding the Inquiry Report 13056.33 Systemization of the inquiring record 131

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56.34 Provisional conclusion 13256.35 Second or further opportunity to the Delinquent 13256.36 The final order 13256.37 Common Proceedings 13356.38 Special procedure in certain cases 13356.39 Entry of punishment in defaulter’s service records 13456.40 Appeals 13456.41 Records to be sent with appeals 13556.42 Revision/Review 13656.43 Reinstatement and payment of arrears 13656.44 Register of punishments 136

Chapter 57Prosecution by or against Police Officers - Legal Assistance

57.1 General 13757.2 Prosecution against police officers 13757.3 Punishment after conviction 13757.4 Procedure on acquittal in a Criminal case 13957.5 Police Accountability Commission 13957.6 Rule for the defence of Police Officers in Criminal

Prosecutions and Civil Suits for acts done by them in their official capacity

139

57.7 Criminal Prosecution & Civil Suits by Police Officer 14057.8 Legal advice to be obtained in regard to litigation

affecting the State141

57.9 Appearance and preparation of affidavits and counter-affidavits in writs filed against the Government

141

57.10 Writs against Police Officers 142

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57.11 Claims for loss of services against members of the public for injury caused by them to Police Officers

142

57.12 Assistance to be given to Police Officers - when they sue or be sued, prosecute or be prosecuted for acts done in discharge of their Official duties

142

57.13 Nodal Authority 143

Chapter 58Police Public Relations & Community Policing

58.1 Introduction 14558.2 Organization and Structure of Police PR Wing 14558.3 Functions of the PR Wing 14558.4 In House Publications 14658.5 PR as Part of Police Training 14658.6 External Public Relations 14758.7 Some specific steps to better Public Relations 14958.8 Do’s and Dont’s for Public Relations Officers 14958.9 Liaison with State Information and Public Relations

Department and other such Agencies150

58.10 Community Policing: Concept, Application and Areas 15058.11 Principles of Community Policing 15058.12 What is Community Policing and What it is not? 15158.13 Object of Community Policing 15258.14 Characteristics of Community Policing 15258.15 Community Liaison Group 15558.16 Village/Town Defense Parties 156

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Chapter 59Human Rights and Police Responsibilities

59.1 Introduction 15959.2 Reasons for violation of human rights by police 16059.3 Human Rights of different sections of public 16159.4 The Protection of Human Rights Act, 1993 16459.5 The National Human Rights Commission 16559.6 State Human Rights Commission 16559.7 Code of Conduct for the police to avoid allegations of

violation of human rights166

59.8 Awareness 16659.9 Duties of Human Rights Cell in the Office of the DGP 166

Chapter 60Disaster Management Duties

60.1 Introduction 16960.2 Unpredictability of Disasters 16960.3 The initial Police Role 16960.4 Features of Disasters 17060.5 Types of Disaster 17060.6 The Classification 17060.7 Natural Disaster Management in India 17160.8 Administrative Structure at Central Level 17160.9 Home Ministry - The Nodal Agency 17160.10 Authorities/Committees at the National Level 17260.11 Financial Arrangements 17360.12 Sikkim Disaster Management 17360.13 Administrative Structure at State Level 174

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60.14 State Executive Committee (SEC) 17460.15 Administrative Structure at District Level 17460.16 Contingency Plans 17560.17 District Relief Committee 17560.18 District Control Room 17560.19 Coordination 17560.20 Role of the Armed Forces 17560.21 Civil Defense and Home Guards 17660.22 Role of Non-Government Voluntary Organizations 17660.23 Activities of NGOs at different stages of Disasters 17660.24 Role of the Community 17660.25 Disaster Management and Police Response 17660.26 Multi-agency involvement and Police participation 17760.27 Objectives of Integrated Police Response 17760.28 Strategic Steps 17760.29 Preparation of Contingency Plan to handle disasters 17869.30 Role/Functions of Police 18160.31 SOPs 186

Forms(Form No. 155 to 159 blank for future use)

187

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Chapter 46

Personnel Management & Manpower Planning

46.1 Introduction

Personnel management concerns with obtaining, organizing, utilizing and motivating the human resources of an organization to achieve organizational goals and meet its legal obligations and social responsibilities in an effective manner.

46.2 Mechanism

In a way personnel management is already attended to by the officers at the PHQ, districts and unit level. However, to ensure an effective personnel management in the police a committee headed by the ADGP/IGP, Hqrs and comprising of heads of training, law & order, planning and modernisation and the welfare officer with the AIGP, PHQ as its Secretary shall aid and advise the DGP and the State Government on issues relating to personnel management, the changes/improvements required in the rules, instructions and policy relating to the following subjects for the proper development of the police organization and to enable it to discharge its functions more effectively: -

A. Personnel Administration: Recruitment, induction, placement, transfer, promotion, salary administration etc.

B. Staff Relations: Grievances, Discipline, Communication, Public Relations, Staff Relations, Legal Matters etc.

C. Planning and Development: Man-power planning, Career Planning, Appraisal of Performance, Personnel records, Manuals, Policy, Research and Training.

D. Welfare and Services: Premises, Housing, Education, Sports, Medical, Provident & Welfare Funds and Superannuation benefits, Canteens/Cooperatives etc.

The committee may take inputs in respect of above subjects from the district SPs and other unit heads in the preparation of its reports.

46.3 Meetings of the Committee

The Committee indicated above will meet as often as is necessary and shall submit its recommendation in the form of bi-annual reports for consideration of the DGP and the State Govt.

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46.4 Women Police

(1) All postings and ranks in the police department are common both to women and men police officers. They can be posted to any position and are liable to serve wherever posted. There shall be common seniority and promotion panels of all ranks for all police officers irrespective of sex. There shall be no separate list for men or women. Except the physical measurements and physical efficiency tests which are separately prescribed for women, the recruitment procedures, qualifications, age are the same for all. It shall, however, be kept in view that there are certain duties which men police officers are not expected to perform, or which women police officers can perform better. The special protection available to women and children and the gender bias that denies or deprives the women of their rights, require women police to be deployed for such police duties. The communication and confidence levels of women victims of crime would be substantially higher and more effective if women police officers handle their problems. It is in this context that definition of functions and duties of women police officers are indicated below.

Functions of Women Police

(2) The functions to be entrusted to women police officers are following:

A. Arrest, search, guard and escort of women accused and convicts and work relating to women passengers, including security checks at airports, railway stations and bus/taxi stations.

B. Conduct of enquiries in connection with passport applications of women and keeping order in women meetings, processions and women enclosures in public meetings.

C. Looking after the arrangements to help women and children in fairs, festivals, places of pilgrimage etc. and guidance and help to women passengers at railway/bus/taxi stations along with evacuation of and assistance to women and children during natural calamities and in troubled areas.

D. Interrogation of female juveniles, women offenders, under trials, witnesses and victims of sexual offences.

E. Security duties to protected persons who are Women. It will be advantageous to deploy women police officers separately or along with male police officers for duties like investigation of offences involving women and children and crimes against women, particularly dowry harassment and deaths, cruelty and rapes, tracing of missing women and children, keeping watch over places of ill repute. recovery and rescue of women and girls from prostitution, escorting them to rescue, protective homes, hospitals and to courts, rescue of women and girls who are victims in abduction and kidnapping cases.

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F. Not-withstanding anything contained in the above regulation, women police officers are liable to be employed or posted to any police duty. Where it is not possible to find women police officers to the extent required for the above duties, they may be performed by male police officers, taking such precautions as are required by law, rules and procedures. Those responsible for posting or allotment of duties, must consider all police officers as equal irrespective of whether one is a male or a female. Women police officers are bound to work in any police post or duty entrusted and shall not be entitled to claim any exemptions. They should not be discriminated in the matter of posting to mainstream police positions.

Service Conditions for Women Police Officer

(3)(A) Women police officers are eligible for leave, medical facilities and all other amenities to which women employees of Government are entitled. They are,

however, bound by the legal requirement of being considered to be always on duty like other police officer.

(B) The following guidelines should be observed in posting of women police officers to mainstream positions particularly in police stations.

a. When posting to any police station it should be ensured that there is a contingent of at least two women police officers in the police station. In other posts there need not be any such requirement.

b. Sentry duty may be allotted, if the entire guard consists of women police officers. On bandobust duties, or while dealing with agitations and processions women and men police contingents should be sent together.

c. At least two women police officers should be present when women prisoners are being escorted. If the number of women police officers is not adequate to escort as per scale the shortage may be made good by other policemen.

d. A separate facility for rest and other amenities is provided for women police officers in Police Stations or other places of duty.

Women Police Stations and Women Protection Cell

(4) Special arrangements are to be made for effective investigation of crimes against women and protection of women. Women police stations may be established to focus on this aspect and to inspire confidence. The women protection cell in CID is intended to monitor the crimes against women and take up serious cases for investigation. A women help desk is also required to be established in each police station. The safeguards and steps should be taken for protection of women and children by the police and treatment of women offenders. The existence of women police stations or women protection cell does not absolve the police as a whole

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of its duties in this respect. There is no bar to the posting of male police officers in women police stations or in the women protection cell, except that it should be done only if it is necessary and ensuring at the same time that there are more women police officers than men are in these units.

Duties and Powers of Women Police Officers

(5)(A) The duties of women police officers are the same as are assigned to all police officers, as are attached to the post to which they are posted. All instructions and obligations, code of conduct, discipline recruitment and training procedures are applicable to them.

(B) The uniform rules as are applicable to men, are also applicable to women police officers except for those who are in advanced stage of pregnancy. In such cases separate uniform as prescribed for IPS officers (women) or Khaki colour Saree and Blouse or Khaki colour Salwar - Kameez can be worn.

(C) The privacy and other personal inconveniences peculiar to women shall be respected and necessary relief and amenities should be provided by the officers in charge. Malingering should be discouraged and dealt in the same manner as done for others.

(D) In the exercise of powers the women police officers shall strictly observe the precautions, limitations and other procedures prescribed particularly in relation to arrests, seizures, searches and investigation, handling of agitations and remain at all times impartial, honest and dedicated in the discharge of their duties.

46.5 Manpower Planning

(1) Manpower planning is primarily concerned with determining the appropriate number of police personnel of various ranks and other experts required in the police department for the performance of its functions and responsibilities focusing also on the working conditions and career growth of the personnel. The basic factors to be considered in manpower planning are:

(i) Correct assessment of manpower requirements at various ranks.(ii) Managing the manpower according to needs of the organization from time to time.(iii) Recruitment and Selection. This should keep in view the working hours/number

of shifts, nature of work, duties mix, performance parameters, State employment/reservation policy, organizational instructions, and social dynamics.

(iv) Maintaining output levels.(v) Employees development programme.(vi) Establishing harmonious relations within the organization and with the general public.(vii) Reduction in costs and minimization of wastage of manpower.

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(2) Manpower assessment shall be done every year by respective branch heads keeping in view the organizations tasks and programmes and the time required for induction and training and report submitted to the DGP before the end of March every year. The recruitment in the civil police shall be initiated by the State Reserve Lines under the supervision of ADGP/IGP, Headquarters & General Administration Branch and in the Armed Police by the office of ADGP/IGP, Armed Police.

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Chapter 47

Recruitment, Pay & Probation

47.1 General

There is one police service in the State called the Sikkim Police. In view of the different rules, recruitment procedures and responsibilities of various ranks, officers in the Sikkim Police, as in other departments, are broadly categorized as Gazetted officers and non-Gazetted officers.

47.2 Recruitment, Pay, Probation, Training and Promotion of Senior Officers.

Gazetted officers of the Police department belong to the Indian Police Service, the Sikkim State Police Service and police personnel in the rank of Inspector. Other gazetted officers in the accounts, administration, communication and computers etc. units belong to the respective State service and are on deputation to the Sikkim Police.

47.3 Indian Police Service

The composition and strength of the Indian Police Service shall be as determined by the Govt. of India in consultation with the State Government from time to time. The recruitment, pay, uniform, probation, training, promotion and service conditions of the members of the Indian Police Service are governed by rules framed by the Government of India. All directly recruited officers, on reporting to the State after their basic training are designated as Assistant Superintendent of Police and undergo district training as prescribed. On completion of their district training they will ordinarily be posted to the sub-division by the State Government. The officers promoted to the IPS cadre from the State Police Service cadre will undergo such trainings as may be prescribed by the Govt. of India.

47.4 Sikkim State Police Service

(1) The composition and strength of the Sikkim State Police Service shall be as determined by the State Government from time to time. Matters relating to their recruitment, pay, uniform, probation, training, promotion and service conditions are governed by rules framed by the State Government.

(2) The direct recruitment to the post of Dy.SP in the SPS cadre is on the recommendation of the Sikkim Public Service Commission who may select through a separate exam for them or at a common examination with the other State Services. Candidates for appointment to the post of Dy. SPs should have attained the age of 21 years but should not have attain the age of 30 years (in the case of departmental candidates i.e. members of the Sikkim Police they should not be more than 35 years) as on the first

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day of the month immediately following the date of publication of advertisement for selection to the said posts subject to the relaxations specified for SC/ST and OBC etc. Such candidates shall, however, measure upto the physical standards prescribed for the post of Sub Inspector of Police, and shall also have to qualify the Physical Efficiency Test (PET) prescribed for the post of Sub Inspector of Police. No marks will be allotted for the PET and selection to the posts of DySP shall be made on the basis of the marks obtained at the written and viva voce examination conducted by the Sikkim Public Service Commission.

(3) All directly recruited officers on their first appointment to the service are designated as Dy. Superintendent of Police and on completion of basic training will have to undergo the prescribed district training. Thereafter they will ordinarily be posted to sub-division and if the number is more to the armed police as Assistant Commandants or the Special Branch as may be deemed appropriate by the State Government. Officers promoted to the State Police Service cadre from Inspector rank will undergo such training as may be prescribed by the State Govt.

47.5 Inspectors of Police

Appointment to the rank of Inspector of Police shall be 100% by promotion from the Sub-Inspector rank. Their appointment, pay, uniform, probation, seniority, training, promotion and service conditions are governed by rules framed by the State Government.

47.6 Determination of vacancies(1) Vacancies in the IPS cadre shall be determined by the Central Government and

appointments made accordingly. (2) The vacancies in the SPS cadre to be filled by direct recruitment shall be determined

a year in advance of the start of the date of their basic training by AIGP, PHQ and proposal put up with justification and necessary clearances for forwarding to the Department of Personnel, AR & Trg. for submission to the Sikkim Public Service Commission for further necessary action.

(3) Appointment by promotion to various ranks in the State Police Service cadre or Inspector of Police shall be made on the basis of seniority – cum – merit from amongst eligible candidates through the Sikkim Public Service Commission as per rules prescribed by the State Government.

(4) As soon as it is decided that certain number of vacancies have arisen in the State Police Service cadre or in the rank of Inspector of Police that are to be filled by promotion the AIGP, PHQ shall submit the recommendation of officers eligible for promotion under the provision of the rules prescribed by the State Government along with the required clearances for submission to the Sikkim Public Service

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Commission. Appointment to the post of Inspector and in the higher ranks shall be on the orders of the State Government.

(5) All persons appointed to the service by direct recruitment against the substantive vacancies shall be on probation for a period of two years and those appointed by promotion to the service or in Inspector rank shall be on probation for a period of 1 year.

47.7 Confirmation of Service

Any police officer, gazetted or non-gazetted, who has not been confirmed within a period of 6 months after the completion of his probation period shall be deemed to have been confirmed in service unless he has been reverted or his period of probation extended by the Appointing Authority or he has failed to pass the prescribed departmental examination, if any.

47.8 Unsatisfactory Probation

If it appears to the Appointing Authority, at any time, during or at the end of the period of probation, that a member of the Service has not made sufficient use of his opportunities or that he has failed to give satisfaction, the Appointing Authority may revert him to the post held substantively by him immediately preceding his appointment, provided he holds a lien thereon or in other case may discharge or terminate him from service or extend the period of his probation for making up the deficiency.

47.9 Recruitment, Training, Examinations and Promotion of Non-Gazetted Officers

(1) There are four methods of appointment contemplated in the rules to various posts - (i) Direct recruitment; (ii) Promotion (iii) Deputation and (iv) Appointment by Transfer and in respect of some technical posts (v) on contract. The paragraphs following outline the procedure and guidelines that are required to be followed in such matters, including training. Recruitment and Training are vital functions and the Chairman of the Recruitment Board/Committee and the ADGP/IGP heading the Training branch are responsible to ensure compliance of these rules and procedures covering Recruitment and Training. The functions and responsibilities connected with recruitment and training, unlike other duties, is entirely the responsibility of the senior officers of rank of SP and above. The ADGP/IGP, Hqrs & Gen. Administration branch is similarly responsible for compliance with rules and procedures relating to promotions, deputations, transfers & postings etc.

(2) The Rules for recruitment, seniority and promotion at the subordinate level of Sikkim Police, which includes – (1) Civil Police (Men and Women); (2) Armed Police (Men); (3) Police Communications & Computers (4) Police band and (5) Finger Print Bureau etc., are issued by the State Government; prescribing the methods

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of recruitment, promotion, conditions of service, etc. The main qualifications and other requirement for direct recruitment are also indicated therein.

A. The rules relating to direct recruitment inter-alia provide for the age and educational qualifications, physical standards/physical efficiency tests, examinations including written and oral, medical and police verification to ascertain the suitability and aptitude of the candidates to various posts in the Police Department.

B. The age for direct recruitment of Police Constables is 18 to 22 years, except in the Communication branch where it is 18 to 24 years, as on the first day of month immediately following the date of publication of the advertisement for selection to the posts. Age relaxation as per rules is permissible to SCs, STs, MBCs, OBCs etc and to Home Guards who have been enrolled for more than three years. The age for direct recruitment of Sub Inspectors is 18 to 25 years (in the case of departmental candidates i.e. members of the Sikkim Police they should not be more than 30 years) as on the first day of the month immediately following the date of publication of the advertisement for selection to the post with similar age relaxation for SCs, STs, MBCs, OBCs etc.

C. The minimum education qualification for Police Constables (Civil & Armed Police and band) is class X pass from a recognized board. For police constables in the Communication & Computer branch it is class XII pass with Physics, Chemistry & Maths as subjects. For sub-ordinate level posts in other technical wings the educational qualifications will be as per rules prescribed by the State Government. The educational qualification for Sub Inspector of Police (Civil & Armed Police) is a degree from recognized University.

D. Fifty percent of the posts of constables will be filled by direct recruitment and fifty percent from Home Guards who have been enrolled for more than three years as on the first day of the month following the date on which the advertisement for recruitment is published. In case sufficient numbers of suitable Home Guards are not available at any recruitment the posts under the Home Guard category will be filled by candidates from the open category.

E. In the rank of Sub-Inspectors fifty percent of the posts are filled by direct recruitment and remaining fifty percent by promotion from eligible Assistant Sub-Inspectors of Police.

F. The minimum physical measurements prescribed for direct recruitment as Constables or Sub Inspectors are:

(i) Height – Minimum 5’ 3” (160 cm) for male and 5’ (152. 4 cm) for female candidates(ii) Chest – Minimum 32” with minimum expansion of 2” for male. Not applicable

for female candidates and (iii) Weight - Minimum 50 kg for male and 45 kg for female candidates

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G. Persons applying for direct recruitment in the Police will have to qualify the Physical Endurance - cum - Efficiency Test (PET) comprising of five events as detailed at Regulation 47.13. Candidates have to qualify in each of the events. Disqualification in any event would mean disqualification for the post.

H. Candidates applying for posts to be filled by direct recruitment in the rank of Sub Inspectors, Constables or other sub-ordinate level posts should possess valid Local Employment Card and should have communicative skill in English and Nepali.

I. No male candidate, who has more than one wife living, shall be eligible for appointment to the service unless the Government after being satisfied that there are special grounds for doing so, exempt any candidate from the operation of this rule. No female candidate, who is married to a person having already a wife living; shall be eligible for appointment to the service unless Government after being satisfied that there are special grounds for doing so, exempt any female candidate from the operation of this rule.

47.10 Procedure

(1) Appointment to all posts in the State Government including in the police is governed by the Constitution and the rules framed by the State Government in this regard including in respect of reservation for Women, SCs, STs, MBCs, OBCs and Special Category candidates.

A. As far as possible there shall be annual induction to the posts to be filled by direct recruitment in the rank of Constables & Sub Inspectors based on the average number of vacancies likely to arise in the succeeding years.

B. It shall be the responsibility of AIGP, PHQ to determine a year in advance of the date of start of their basic training the number of vacancies likely to arise in the Armed Police (male only) and the Civil Police (male & female) in the rank of Sub Inspector that are to be filled by direct recruitment and forward the proposal through the DGP to the Department of Personnel, AR & Trg. for indicating the reservation for various categories.

C. In respect of constables in the Civil Police and in the Armed Police similar action will be initiated by the SP, State Reserve Lines and the Commandants of respective battalion (consolidated in the office of IGP, AP) respectively.

D. In respect of the subordinate level technical posts in the police department the concerned branch head shall take necessary action as outlined in paras above.

E. After receiving the reservation for various categories from the Department of Personnel, AR & Trg. the proposal will be sent through the DGP in respect of the Sub Inspectors to the Sikkim Public Service Commission for further action and in

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respect of Constables and other subordinate level posts to the DGP for nomination of a Police Recruitment Board/Committee for conducting the physical measurements and efficiency tests and written and oral examination. In case there are very large numbers of candidates the SPSC or the Recruitment Board/Committee, as the case may be, may conduct a preliminary examination (objective type). In such case the physical and Physical Efficiency Test and written & oral examination shall be conducted only for those candidates who qualify in the preliminary examination.

F. On receipt of the proposal, the SPSC or the Recruitment Board/Committee will draw a schedule of recruitment and give wide publicity through advertisements and department website setting forth the number of vacancies, reservations, qualifications, the date, place & authority to whom the intending candidates have to submit applications, the dates and the places where physical measurements will be taken and Physical Efficiency Tests (PET) conducted.

G. The candidates are required to submit application in person to the prescribed authority within the period stipulated in the advertisement and take their admit cards for their physical measurements and PET. No application or applicant shall be entertained after the prescribed date. Applications received by post shall not be entertained.

H. The rules for open competitive examination to be conducted by Sikkim Public Service Commission (SPSC) or the Police Recruitment Board/Committee for selection of candidates for appointment to the post of Sub-Inspectors of Police/Constable or other subordinate level posts in the State Police are as follows:

(i) The number of vacancies to be filled on the results of the examination and the reservation for various categories will be specified in the Notice issued by the SPSC or the Recruitment Board/Committee.

(ii) The examination including physical efficiency test (PET) will be conducted by the SPSC or Recruitment Board/Committee according to syllabus, marks and plans mentioned below.

(iii) The Commission or the Recruitment Board/Committee may at its discretion also hold a preliminary qualifying examination prior to the conduct of written examination/PET in case the number of candidates is large or if the Commission or the Recruitment Board/Committee deems it appropriate to do so for any other reason.

(iv) The date and place for examinations will be fixed by the SPSC or the Recruitment Board/Committee, as the case may be.

(v) Candidates must write answer in their own hand. In no circumstances will they be allowed the help of a scribe to write answers for them.

(vi) The Commission/Board or Committee shall have discretion to fix qualifying marks in any or all of the subjects to the written examination.

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(vii) Candidates securing the minimum qualification marks in the written examination as may be fixed by the Commission/Board or Committee or passing the physical measurement & Physical Efficiency Test (if that is held earlier) shall be called for the physical measurement and physical efficiency test/written examination. Successful candidates will then have to undergo a Viva-Voce test where they will be asked questions on the matters of general interest.

(viii) The decision of the Commission/Board or Committee as to the eligibility or otherwise of a candidate for admission to the examination/test shall be final.

(ix) No candidate will be admitted to the examination/test unless he/she holds a certificate of admission issued by the Commission/Board or Committee.

(x) A candidate must pay fees as may be prescribed by the Commission/Board or Committee.(xi) A Candidate who is or has been declared by the Commission/Board or Committee

to be guilty of any attempt on his part to obtain support for his Candidature by any means shall render himself liable to be disqualified for admission to the competitive examination.

(xii) After the examination and interview, the names of the successful candidates will be arranged by the Commission/Board or Committee in the order of merit subject to the reservation for various categories.

(xiii) The form and manner of announcement of results of the examination shall be decided at the discretion of the Commission/Board or Committee. The Commission/Board or Committee will not enter into any correspondence with any candidate regarding results.

(xiv) Candidates already in Government service or in government owned undertaking or similar organization, whether in permanent or temporary capacity or as work charge employee will have to submit their application along with the No objection Certificate of their employer.

(xv) Success in the examination confers no right to appointment unless the competent authority is satisfied after such enquiry as may be considered necessary that a candidate having regard to his/her character and antecedents is suitable in all respects for appointment.

(xvi) A candidate must be in good mental and bodily health and free from any physical defect likely to interfere with the discharge of his duties as an officer of the Police Service. A candidate who (after such medical examination as may be prescribed by the competent authority) is found not to satisfy these requirements will not be appointed.

(xvii) All other matters not specified or for which no provision has been made in these rules shall be regulated by rules and orders applicable for direct appointment to the other services in equivalent grades under the State Government.

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47.11 Syllabus & Marks for the Written Examination, Physical Efficiency Test and Viva Voce for the post of Sub-Inspectors of Police

(I) The written examination shall be of 700 marks and consist of papers on:

a. Essay & General English - 100 Marks

(Essay Writing, Letter Writing, comprehension of given passage etc.)

b. General Knowledge - 100 Marks

c. Optional Papers (two subjects) - 500 Marks (250 marks each)

(candidates may choose any two subjects out of the list of optional subjects specified by the SPSC for selection to the post of Under Secretary/DySP).

No candidates shall be considered to have qualified the written examination unless he/she obtains at least 40% marks in each of the above stated papers of the written examination or such percentage of qualifying marks as may be determined by the SPSC or the Recruitment Board/Committee for any or all subjects; Provided that the number of candidates to be called for the Physical Efficiency Test (or the written examination if that is held later) as well as viva-voce shall be determined by the SPSC or the Recruitment Board/Committee at its discretion.

(II) Physical endurance-cum-physical efficiency test – 100 marks

(as stated at regulation 47.13 below)

(III) Viva-Voce – 100 marks

47.12 Syllabus & Marks for the Written Examination, Physical Efficiency Test and Viva for the post of Constables

(I) The written test for Constables shall be of 100 marks in the following subjects.

1. General Knowledge including questions on Current Affairs & Reasoning – 80 marks

2. Short Essay & Letter Writing – 20 marks

(II) Physical endurance-cum-physical efficiency test – 75 marks

(as stated at regulation 47.13 below).

(III) Viva-Voce - 25 (twenty five) marks

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47.13 Standards of Physical Efficiency Test The standards of physical efficiency test for Sub-Inspectors and Constables are as follows:

(i) Sub- Inspector (a) 100 - Meter RaceFor Male Candidates For Female Candidates Level MarksBelow 13.0 seconds Below 16.5 seconds A 10 marks13.0 to 14.5 seconds 16.5 to 18.0 seconds B 8 marks14.5 to 16.0 seconds 18.0 to19.5 seconds C 6 marksAbove 16.0 seconds Above 19.5 seconds Failed and disqualified

The time taken from start to finish is noted by means of a stop watch and recorded. Candidates will have only one chance at the event.

(b) 1500 - Meter RaceFor Male Candidates For Female Candidates Level MarksBelow 5.5 minutes Below 6.5 minutes A 10 marks5.5 to 6.75 minutes 6.5 to 8.0 minutes B 8 marks6.75 to 8.0 minutes 8.0 to 9.5 minutes C 6 marksAbove 8.0 minutes Above 9.5 minutes Failed and disqualified

The time taken from start to finish is noted by means of a stop watch and recorded. Candidates will have only one chance at the event. (c) High Jump (maximum three chances at the qualifying level and one chance at each subsequent level)

For Male Candidates For Female Candidates Level MarksAbove 1.40 meters Above 1.15 meters A 10 marks1.25 to 1.40 meters 1.00 to 1.15 meters B 8 marks1.10 to 1.25 meters 0.85 to1.00 meters C 6 marksBelow 1.10 meters Below 0.85 meters Failed and disqualified

The cross bar is placed at the minimum height. Those who qualify in three or less attempts will be allowed one attempt at the next level. Those who qualify this level will be allowed one attempt at the last level. Candidates are placed in the level A, B or C as per their best jump and given marks accordingly.

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(d) Long Jump (three chances) For Male Candidates For Female Candidates Level MarksAbove 4.50 meters Above 3.40 meters A 10 marks4.05 to 4.50 meters 3.00 to 3.40 meters B 8 marks3.60 to 4.05 meters 2.60 to 3.00 meters C 6 marksBelow 3.60 meters Below 2.60 meters Failed and disqualified

Three lines are marked at the three distances indicated above from the front edge of the take off point. Each candidate will have three jumps and will be placed in level A, B or C as per his/her best jump and marks awarded accordingly. If while jumping a candidate touches the ground beyond the front edge of the take off point it will be treated as a foul. Whether fair or foul only three jumps will be allowed.

(e) Shot-Put (three chances) For Male Candidates For Female Candidates Level MarksAbove 6.75 meters Above 4.75 meters A 10 marks5.75 to 6.75 meters 4.25 to 4.75 meters B 8 marks4.75 to 5.75 meters 3.75 to 4.25 meters C 6 marksBelow 4.75 meters Below 3.75 meters Failed and disqualified

A circle 7 ft in diameter will be drawn. Two lines at 30° and 60° will be drawn to form the sector in which the shot is to be thrown. Three arcs will then be drawn in this sector at distances stated above from the front edge of the circle. Each candidate will have three chances with 16 lb weight for men and 12 lb weight for women and his/her best performance level A, B or C will be recorded and marks awarded accordingly. If while throwing a candidate touches the ground in front of circle it will be treated as a foul. Whether fair or foul only three chances will be allowed.

(ii) Constable

(a) 100 - Meter RaceFor Male Candidates For Female Candidates Level MarksBelow 13 seconds Below 16.5 seconds A 15 marks13 to 14 seconds 16.5 to 17.5 seconds B 12 marks14 to 15 seconds 17.5 to 18.5 seconds C 9 marksAbove 15 seconds Above 18.5 seconds Failed and disqualified

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The time taken from start to finish is noted by means of a stop watch and recorded. Candidates will have only one chance at the event.

(b) 1500 - Meter Race

For Male Candidates For Female Candidates Level Marks

Below 5.5 minutes Below 6.0 minutes A 15 marks

5.5 to 6.5 minutes 6.0 to 7.5 minutes B 12 marks

6.5 to 7.5 minutes 7.5 to 9.0 minutes C 9 marks

Above 7.5 minutes Above 9.0 minutes Failed and disqualified

The time taken from start to finish is noted by means of a stop watch and recorded. Candidates will have only one chance at the event.

(c) High Jump (maximum three chances at the qualifying level and one chance at each subsequent levels)

For Male Candidates For Female Candidates Level Marks

Above 1.45 meters Above 1.20 meters A 15 marks

1.30 to 1.45 meters 1.05 to 1.20 meters B 12 marks

1.15 to 1.30 meters 0.90 to 1.05 meters C 9 marks

Below 1.15 meters Below 0.90 meters Failed and disqualified

The cross bar is placed at the minimum height. Those who qualify in three or less attempts will be allowed one attempt at the next level. Those who qualify this level will be allowed one attempt at the last level. Candidates are placed in the level A, B or C as per their best jump and given marks accordingly.

(d) Long Jump (three chances) For Male Candidates For Female Candidates Level MarksAbove 4.55 meters Above 3.45 meters A 15 marks4.10 to 4.55 meters 3.05 to 3.45 meters B 12 marks3.65 to 4.10 meters 2.65 to 3.05 meters C 9 marksBelow 3.65 meters Below 2.65 meters Failed and disqualified

Three lines are marked at the three distances indicated above from the front edge of the take off point. Each candidate will have three jumps and will be placed in level A, B or C as per his/her best jump and marks awarded accordingly. If while jumping a candidate touches the ground beyond the front edge of the take off point it will be treated as a foul. Whether fair or foul only three jumps will be allowed.

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(e) Shot-Put – (three chances)For Male Candidates For Female Candidates Level MarksAbove 7.10 meters Above 5.10 meters A 15 marks6.10 to 7.10 meters 4.60 to 5.10 meters B 12 marks5.10 to 6.10 meters 4.10 to 4.60 meters C 9 marksBelow 5.10 meters Below 4.10 meters Failed and disqualified

A circle 7 ft in diameter will be drawn. Two lines at 30° and 60°will be drawn to form the sector in which the shot is to be thrown. Three arcs will then be drawn in this sector at distances stated above from the front edge of the circle. Each candidate will have three chances with 16 lb weight for men and 12 lb weight for women and his/her best performance level A, B or C will be recorded and marks awarded accordingly. If while throwing a candidate touches the ground in front of circle it will be treated as a foul. Whether fair or foul only three chances will be allowed.

47.14 Standards prescribed for posts in Technical wings/Drivers

The physical measurements and examination conditions prescribed above for selection to the post of constable shall also be applicable for selection to the subordinate level posts below the rank of Sub-Inspector in the technical wings of the police except that the standard and marks allotted for the Physical Efficiency Test (PET) shall be as prescribed above for selection to the post of Sub-Inspector. The 25 marks less in the PET will be added to the written examination which will be of 125 marks and include questions on the particular technical subjects. The written examination for such posts will, therefore, be of 125 marks, PET of 50 marks and viva voce of 25 marks. The same shall be applicable for selection to the post of driver and follower and in the band with the 25 marks in their case being allotted for a practical test in the concerned trade instead of being added to the written examination marks.

47.15 Selection Lists/Appointment Order

(A) A provisional selection list of successful candidates equal to the number of vacancies advertised will be prepared in order of merit after calculating results of the physical, written and viva voice tests subject to the reservation for various categories and women, calling them for filling up the verification forms and undergoing medical examinations as prescribed. If sufficient number of women candidates have not qualified to fill up the posts reserved for them then the same will be filled up by male candidates.

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(B) Those candidates who are found fit after verification of antecedents and medical examinations will be appointed as recruit Sub-Inspectors/Constables/or to the appropriate rank in the technical wings and given the date on which they should report to the Police Training Centre. The appointing authority shall record reasons in detail on the concerned file if he considers any provisionally selected candidate unsuitable on the basis of the verification of antecedents.

(C) The rules prescribed for selection of candidates by direct recruitment shall apply mutis mutandis to the selection of followers; proposal in respect of whom shall be initiated by the SP, Lines if the vacancies are in Civil Police and by the Commandant of the respective Armed Police battalion (consolidated for all Armed Police battalions in the office of IGP, AP) if the vacancies are in Armed Police.

47.16 Verification of Antecedents

(1) The antecedents of the selected candidates should be verified by sending the attestation forms (with attested copy of photographs) submitted by the candidates to the SP, CID for needful action. The verification should consist of the correctness of every entry made by the candidate in the attestation and application forms including the genuineness of the certificates furnished. Secondly, the information by way of his involvement in any cases or situations that would render him unsuitable for police service should also be reported with the details of, crime numbers, reports or other materials. The appointing authority should consider all the material and come to an independent conclusion regarding the suitability of the candidate for police service before sending him/her for medical examination.

(2) The criteria to be observed for determining suitability of a candidate are that no person should be considered unfit for appointment solely because of his/her political opinions but care has to taken not to employ persons who are likely to be disloyal and to abuse the confidence placed on them by virtue of their appointment. Person, who is actively engaged in subversive activities including members of any organization the avowed object of which is to change the existing order of society by violent means, should be considered unfit for appointment under Government. An individual may be considered unsuitable for public employment only on the ground of his actual participation in or association with any objectionable activity or programme. Specifically, the following shall be considered undesirable for employment in civil posts in the public services.

(a) those who are, or have been members of, or associated with anybody or association declared unlawful or after it was so declared.

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(b) those who have participated in or associated with any of the following activities or programmes :

(i) aimed at the subversion of the Constitution.(ii) aimed at the organized breach or defiance of the law involving violence. (iii) Prejudicial to the interests of the sovereignty and integrity of India or the security

of State, or (iv) who promotes on grounds of religion, race, language, caste or community, feeling

of enmity or hatred between different sections of the people.(3) Participation in such activities at any time after attaining the age of 18 years and

within three years of date of enquiry should be considered as evidence that the person is still actively engaged in such activities unless in the interval there is positive evidence of a change of attitude.

47.17 Medical Examination(1) All those found suitable in antecedents verification shall be sent to the Superintendent,

STNM Hospital, Gangtok for medical examination. Arrangements should be made in advance at these hospitals so that the medical examination is completed in one spell spread over a few days depending on the number of candidates. While forwarding the candidates for medical examination, the appointing authority should forward proformae indicating the prescribed standards of medical fitness applicable to the candidates and obtain Certificates of Fitness with reference to these standards.

(2) All candidates selected as Constables or Sub Inspector or for other level posts by direct recruitment shall have to undergo medical examination at their own cost for H.I.V. test and produce the certificate. The candidates having H.I.V. positive will not be eligible for appointment.

(3) After completion of the antecedent verification and medical examination, a report should be sent to the DGP intimating completion of all formalities in regard to the recruitment. Final selection orders will be issued by the Appointing authority.

47.18 Compassionate AppointmentsA. Compassionate appointments in ranks of constables or follower (as per the

suitability of the applicant for the post) are given to the Spouse/Children of deceased Government servant with a view to provide permanent relief to the deserving bereaved members of the family of the deceased Government servant as per government orders on the subject. Such appointments are made without subjecting them to the normal process of recruitment provided in the relevant recruitment rules. However, such candidates will have to satisfy the prescribed qualifications and meet the standards in respect of antecedents verification and medical fitness.

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B. Applications for compassionate appointment will be received by the Superintendent, State Reserve Lines. The SP, Reserve Lines shall scrutinize the applications with reference to the government orders on the subject and have a proper verification conducted through the Crime Branch, CID.

C. After receipt of the Police verification report the case would be put up with all relevant records to the DGP through the ADGP/IGP, Hqrs & Gen. Administration branch for orders.

D. While such applications may be processed as and when received the appointment on compassionate ground should be made with effect from the date of start of training for the normal recruit constables.

47.19 Appointment of Specialists by deputation/contract The specialists in the fields of law, engineering, accounts, banking, psychology,

computer, science etc who may be required for associating with investigations or technical duties connected with functioning of police may be appointed on deputation in the Police Department with the approval of the State Government against posts earmarked for such category of people. These appointments on deputation should be limited to Organizations like the CID, Training Institutions, Forensic Science Laboratory, Police Transport & Communication Organizations, and Security Wing of the Department. The posts required for the purpose may be obtained either by conversion or by sanction of new posts whichever is feasible. In case the requirement is for a limited period for completing an important investigation or task, such specialists may be appointed in addition to the sanctioned strength on contract basis for a limited period with the approval of the State Government.

47.20 Appointment by Conversion and Transfer

The Director General of Police may with the approval of the State Government, convert posts to accommodate the technical needs of the department particularly in the field of scientific investigation and computerization. All those who are appointed by transfer or by conversion are required to undergo the prescribed training courses intended for such posts.

47.21 Voluntary Retirement(1) Police Officers of all ranks are entitled to avail voluntary retirement on completion

of qualifying service as provided under the government rules on the subject.

(2) The appointing authority has the option to refuse the request for voluntary retirement in the circumstances under which retirement is not permissible under the rules of the government on the subject, e.g. if a Departmental Enquiry is pending or contemplated against the officer applying for voluntary retirement.

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47.22 Pay

The scales of pay and allowances admissible to the members of the Sikkim Police will be as laid down in the Civil Services Pay Rules of the Government of Sikkim. In respect of the IPS members of the Sikkim Police the pay & allowances shall be as laid down by the Central Government.

47.23 Re-Enlistment after Resignation

Persons who resign their membership of the force can be reappointed only on the basis of fresh recruitment.

47.24 Inter-se-seniority

(1) As a general rule, the seniority of the members of the force shall be determined on the basis of their dates of appointment.

(2) The inter-se-seniority of directly recruited constables of the same batch shall be as per their merit list at the recruitment examination.

(3) The inter-se-seniority of directly recruited SIs of the same batch shall be determined on the basis of the aggregate of marks obtained by them in their recruitment examination and that obtained during their institutional training giving 50% weightage to each of these examinations.

(4) The inter-se-seniority of directly recruited Dy.SPs of the same batch shall be determined on the basis of the aggregate of marks obtained by them in their recruitment examination and that obtained during their institutional training giving 50% weightage to each of these examinations.

(5) The inter-se-seniority of the promotees shall be as determined on their promotion to the next rank as per their standing in the promotion list prepared on the recommendation of the DPC.

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Chapter 48

Training of Personnel

48.1 Introduction

The State Police Act provides for the State Government to lay down a Training-cum- Education Policy covering all ranks and categories of Police personnel. This Policy shall ensure that all Police personnel are adequately trained to perform their job taking due care of proper attitudinal development, and shall be linked to career development scheme of police Personnel in different ranks and categories. The policy shall also aim to promote a service culture of Police personnel acquiring appropriate educational and professional qualifications as they advance in their careers. The following trainings have accordingly been structured.

48.2 Trainings (1) The training to be organised for various ranks in the Police Department shall

consist of basic on induction, in-service and on-job training courses. Officers of the rank of Dy.SP and SI are being deputed to North East Police Academy at Shillong, Meghalaya and on occasions at other State Police Training institutions for their basic training on induction. Basic Training for constable rank and in service training courses for ranks upto SI level are organized at PTC Yangang, South Sikkim and at the Armed Police Training Centre at Pangthang, Gangtok.

(2) Officers of all ranks are also sent for specialised trainings for Intelligence, Commando, Bomb Detection & Disposal, Tactics & Assault courses, Crime Investigation etc. to institutions outside the State. An annual calendar of such training courses shall be drawn up by the training branch and persons earmarked in consultation with the branch heads concerned. A consolidated approval will be taken and circulated to all branches before the start of each financial year.

(3) A Manual of Training consisting of detailed instructions, duration and content of each course, method of testing and conduct of examinations, campus discipline, maintenance of records relating to training, compilation and publication of reading material, lesson plans on each course in Nepali and English, development and use of training aids etc. shall be prepared by the Training branch. Any amendments to the training manual shall be taken up by the Addl. DGP/IGP Training with the approval of the Director General of Police or the Government as the case may be. The Manual shall contain inter alia the courses to be run at PTC, Yangang and in the Armed Police training centre at Pangthang, East Sikkim.

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(4) On recruitment and appointment as probationary trainees, the personnel in all ranks will have to undergo Basic Induction Training in one of the Training Establishments or units as determined by ADGP/IGP, Training on behalf of DGP followed by practical training and qualify in such of the tests and examinations, both outdoor and indoor, theory and practical as per rules and as contained in Police Training Manual. A person selected for the post of Constable, Sub-Inspector or DySP against the direct recruitment shall be liable for discharge from service if it is reported by the head of the concerned training institution that the said person is unlikely to make satisfactory progress at the training or is unsuitable for police service or has failed to clear the end of training examinations.

(5) Dy.SPs will undergo a basic induction training of about 52 weeks at the North East Police Academy, Shillong followed by practical training of 30 weeks. The basic induction training will be of 9 months each for Sub-Inspectors and constables. For constable drivers it will be 6 months at PTC and 3 months on the job training. Fingerprint ASIs will have basic training at PTC for 3 months & 6 months in the FPB. Constables in the Communication cadre and Band will have 3 to 6 months training in the PTC and remaining 6 to 3 months in their respective units. Followers will undergo a Basic Induction Training of 6 months in PTC and 3 months on the job training in their respective units.

(6) The outdoor courses consist of physical training, drill, weapons training, lathi drill, tear gas, mob operation i.e. dispersal of unlawful assembly and related special skills, field craft, tactics, map reading, explosives, first aid, un-armed combat, PT, yoga etc. The indoor training courses will consists of law (IPC, Cr.PC, IEA, Spl. laws), Investigation, Scientific aids to Investigation, Forensic medicine, Management of Men and Resources; Crime Records, Human Rights, Police Public Relations, Modern India, Organisation of Central and State Governments, Police Act, Sikkim Police Manual etc., and Practical training in handling of scene of crime, scientific clues, observations, portrait building, report writing, computer courses and correspondence.

(7) The IPS and SPS probationers on completion of their basic and practical training including attachments shall undergo 2 to 3 weeks training at the State Administrative Training Institute on Administration, Accounts, Departmental Enquiries, Sikkim History, Special and local laws etc.

(8) Every person selected to a post and sent for training at Government cost or support should serve the department for a minimum period of five years, and to that extent he shall execute a bond for Rs. 1 lakh in the case of Dy. SP trainees, Rs.50, 000/- in the case of SI trainees and Rs.10,000/- in the case of ASI/PC trainees and other corresponding ranks. In cases where the person is discharged for not passing the test/examination or for any other reason, he shall forfeit the bond to cover up the money spent on his training and remuneration received by him.

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(9) The following table gives the various Pre-promotional courses conducted along with their duration :

------------------------------------------------------------------------------------------------------ S.No. Rank Duration

------------------------------------------------------------------------------------------------------ 1. PC to HC, HC to ASI ….. 1 month (PTC)

2. ASI to SIs (Civil) ….. 1 month (PTC)

3. Inspector to DSP ….. 2 weeks (NEPA)------------------------------------------------------------------------------------------------------

(10) At the end of the above trainings, examinations are conducted in both indoor and outdoor subjects and the candidates will have to pass in all the examinations. One supplementary chance will be given to the each candidate to pass the above examinations. In case the trainee fails the supplementary examination also, he shall not be considered for promotion.

48.3 In-Service, Specialised and other Training courses

(1) In-Service courses: The contents of the in-service courses relate to the local problems and the best way to handle the specific situations. In-service courses for the ranks of SIs, Insprs, and DySsP are divided into following categories and are held at the PTC, PHQ and outside State training institutes like CDTS etc.:

A. Mandatory courses: Courses in 1) Investigation, 2) Station House Management & Records, 3) Essential Law for Police Officers, 4) Forensic Science and Forensic Medicine.

B. Orientation courses: 1) For newly promoted PIs and Dy.SPs 2 to 3 weeks Orientation Courses are conducted at NEPA, Shillong, For newly promoted SIs similar courses of 3 to 4 weeks will be conducted at PTC, Yangang.

C. Thematic courses: On various subjects, like Human Rights, ‘Sathi’ scheme, Police Public Relations, Crime against women and weaker sections, Physical Efficiency etc.

(2) The periodicity for in-service course training may be once in two or three years. For Orientation courses and completion of mandatory courses may be within 3 to 5 years from the date of completion of institutional and practical training followed by such courses every 3 to 5 years.

(3) The duration of the in-service courses for Constables to Dy.SsP would be for a period upto 1 week. In respect of mandatory courses the training may be for a period upto 4 weeks. For courses in specialized areas, the duration may be from 3 weeks to 12 weeks depending upon the subject.

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(4) Refresher courses: In addition, for every rank and wing of police, courses in specialized skills such as weapon training, Commando operations, Photography, Processing of Scene of offence, Interrogation of suspects and examination of witnesses, Criminal record maintenance and use, Intelligence, Riot control, Bandobusts, VIP Security, Guard and Escort duties will be organised in all PTCs with special emphasis laid on Information Technology, Computer awareness and application of Computers in Police work.

(5) Police Officers in different ranks will be required to undergo the prescribed in-service and refresher courses on various subjects in the Police Training Institutions or Unit Training Centres. Those who are nominated but do not attend and complete the prescribed in-service and refresher courses on account of their personal reasons will not be eligible for consideration for promotion to next higher rank.

(6) Specialised trainings on subjects like Intelligence, Investigation, Weapon and tactics, Mob control, Counter insurgency etc., will be arranged for selected men and officers including IPS Officers in various Central Police Organisations and other Institutions from time to time through out the country. It is compulsory for nominees to attend such courses and complete the same successfully whenever nominated.

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Chapter 49

Transfers & Postings

49.1 Transfer and Relief of Officers

Transfer and postings are integral parts of administration and are essential tool for organizational advancement and proper utilisation of manpower in any organisation. Transfers and postings should not be done too frequently nor should an individual be allowed to stay on a particular posting for unduly long period of time. Transfers and postings should always be affected in the public interest and for the organizational well being.

49.2 Postings and Transfers in Police Organisation

Postings and transfers of Police Officers are regulated by statutory provisions and guidelines issued by the Government from time to time. The Government has powers of transfer of all officers. These powers have been delegated, to the extent considered appropriate to the officers at various levels. The general policy of the transfer is that no officer should ordinarily be transferred within a stay of 3 years on a post and should ordinarily not be retained at a particular post for more than 5 years, and that, transfers should generally be made during the annual vacation after the final school examinations and should not be used as a tool for punishment, that the vacancies in rural and remote areas should not be left unfilled, and that personal preferences of employees should be accommodated subject to administrative requirements and the suitability of individual.

49.3 The Appropriate Authorities for Transfer The authorities empowered to order transfers and postings of various levels of

Officers in Police Department are given below:

a. Government in respect of all IPS Officers.b. Government in respect of State Police Service Officers of the rank of Dy.SPs and

above including Gazetted Officers in technical/specialised wings of the Department. c. DGP in respect of Police personnel upto the rank of Inspector and equivalent rank

in all branches/units of the police department on the recommendation of the Police Establishment Committee (PEC).

d. Department of Personnel, AR & Trg. in respect of the ministerial staff and the Finance department in respect of the Accounts staff.

e. All proposals of postings, deputations, training etc. of IPS/SPS officers will ordinarily be initiated by DGP as Head of Police Department and the Government

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would issue orders as deemed appropriate on his proposals. However, nothing will preclude the Government from issuing such orders, as deemed fit, directly.

f. All authorities with powers of transfer shall comply with the statutory provisions and policy guidelines of the Government and the Department with regard to transfers as stipulated from time to time.

49.4 Reports of Relief of Gazetted Officers

A report of transfer of charge of SHOs, SDPOs and Police officers of the rank of SP and above shall be submitted to the Chief Secretary/Home Secretary to Government, Director-General of Police, concerned ADGP/Inspector-General of Police/DIGP, the concerned SPs and the concerned treasury officers simultaneously. In respect of other gazetted officers the report may be submitted to the concerned head of office, branch head, and the treasury officer. Officers of and above the rank of Superintendent of Police should send a copy of the above to the Secretary to the Chief Minister. In respect of district Superintendent of Police copy shall also be marked to the Secretary to Governor, Registrar General High Court and the Secretary, Sikkim Legislative Assembly. Assumption of charge by officers of the rank of SP and above shall be communicated immediately to the DGP and all other officers concerned followed by certificate of transfer of charge.

49.5 Handing Over Notes

All officers of and above the rank of Police Inspector as also Sub-Inspectors functioning as SHOs shall, when relinquishing charge, prepare and hand over ‘Handing over Notes’, marked confidential designed to enable their successors to gather in the shortest time the threads of administrative and executive work in their new charges, with a copy to his immediate superior. Copies of the notes by subordinate officers shall be sent to the SP, while those of District SPs and other equivalent rank Unit heads and above shall be sent to DGP through their supervisory officer. The following points or such of those as are applicable in each case shall be covered in the handing over notes:

a. Extremists, factions, labour, political or communal or caste conflicts, atrocities against SCs and STs, women and children or other situations in which a breach of the peace is apprehended;

b. Offences of special interest or consequence requiring relieving officer’s attention;c. Vacancy position and impending transfers of Inspectors, Sub-Inspectors, Head

Constables and constables;d. District personages in so far as they concern to police administration;e. District Reserve Police including status of transport and Special Forces, if any;f. Stores and stock position;

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g. Important points for attention from the last inspection by the immediate superior;h. Court pendency of important cases, coordination with prosecutors, steps for

proper disposal;i. References to important matters of administration of the District/Unit;j. Policing, quality and result of preventive measures including surveillance, beats

and security work programme, and functioning of community policing, police response and public relations;

k. Matters relating to important cases under investigation;l. References to the work and character of named personnel and instances of lack of

integrity, action taken, discipline, morale of the personnel; andm. Welfare. The handing over notes should be carefully drawn up and should be brief and

precise not exceeding 3 pages. Copies of these notes should be maintained in one file as a permanent record in every office.

49.6 Postings and Transfers of Non-Gazetted Officers

(1) Postings and transfers of personnel in the Subordinate ranks are regulated by the statutory provisions and guidelines framed by the Govt. from time to time. Branch heads will submit quarterly proposals (including requests) of transfer of police officers of the rank of constable to SI with their remarks for consideration of the Police Establishment Committee. The main proposal would be submitted in December for the general transfer to be effected at the end of the Academic year in schools. The Director-General of Police has the authority to transfer and post all subordinate Police Officers anywhere in the state on administrative grounds and in public interest.

(2) The district SPs may effect transfer and posting of Head Constables and Constables within their districts subject to vacancies on the basis of approval of District Police Establishment Committee headed by the district SP and comprising two other gazetted police officers of the district nominated by the district SP.

49.7 Points of Consideration for Transfers

(1) Officers of and above the rank of Sub-Inspectors should not, as far as possible, be posted in the districts in which their homes are situated or in which they have substantial vested interest.

(2) Mutual transfers of Head Constables and Constables may be affected from one district or unit to the other but no Travelling Allowance will be admissible in such cases. Mere willingness of the two persons for mutual transfer does not automatically entail their transfer.

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(3) Frequent transfer of personnel should be avoided.

(4) Provisions under the Act and government guidelines on the subject of transfers shall be kept in view.

(5) No officer shall ordinarily be transferred from a station within a period of three years save for justified reasons.

(6) No Police personnel, except for the executive staff in the Special Branch or those in the technical/specialized units should ordinarily be retained in the same place for more than five years.

(7) Personnel transferred on request to a PS/OP/office or a nearby one shall not be entitled to transfer TA/DA.

49.8 Exceptional Cases

The following classes of Police Officers are exempted from the scope of the orders contained in the above regulation:

a. Staff posted in the Intelligence department (SB) provided they are ordinarily not continued beyond five years at the same place or desk;

b. Non-gazetted personnel of and below the rank of Sub-Inspectors in the Armed Battalions - provided that the Sls and ASls are changed inter-company in the same battalion;

c. Officers and personnel of the Transport Wing/Communication & Computer branch/ FSL/Fingerprint/Footprint & Photographic unit/Crime Records Bureau/Band staff & other such technical or specialized units;

d. Subordinate officers deputed to training establishments.

49.9 Transfers after Academic year

(1) Orders transferring officers and men should normally be issued at the end of the academic year so that the education of their children may not suffer.

(2) Constables and Head Constables under orders of transfer should generally be relieved towards the end of the month and directed to join their new stations not later than the 7th of next month to enable drawal of pay etc. in the new station for the month and eliminate need for advances and supplemental claims. This procedure should be followed except in special cases where transfers are ordered to be given effect immediately.

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49.10 Joining Time

Joining time may be granted in accordance with the State Govt. Rules. It must be understood that joining time cannot be claimed as a right and that any officer may be directed to join without availing the full joining time.

49.11 Relief of Inspectors and Sub-Inspectors

(1) When an Inspector or Sub-Inspector hands over charge, he/she shall hand over to the relieving officer all the records required to be maintained by him/her. He/she shall also furnish him/her, under acknowledgement, (i) a memorandum of all money handed over, (ii) a list of pending papers and (iii) handing over notes.

(2) The distribution list of arms and stores kept in the stations shall constitute the record of property, and the relieving officer shall immediately check the property and their register and report deficiencies to the SP through proper channel. The station store ledgers shall comprise a record of property and registers in the charge of/or to be maintained, by a Station House Officer.

(3) The LPC of an officer leaving the station/unit shall ordinarily not be issued until the above steps have been taken.

(4) Where the transfer of charge by an Inspector or a Sub-Inspector is prolonged, concerned Superintendent of Police can allow a maximum of three working days for the transfer of charge, during which period both the relieved and relieving officers become entitled to draw pay and allowance. In exceptional cases where a longer period is felt necessary by the SP prior approval of the DGP shall be taken. In such cases the Superintendent of Police should certify in the last pay certificate of the relieving officer, that the time taken by him to check and take charge of the Government property is reasonable and that the whole of it should be treated as on duty.

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Chapter 50

Promotions

50.1 IntroductionPromotions are an essential part of career development and vital to the motivation of the personnel. Seniority-cum-merit is the basis for promotion from one rank to the next higher rank in various wings of the Police Department and for various levels. In-Service courses either institutional or on-job, are organized to sharpen the skills and up-date the professional knowledge. Successful completion of prescribed in-service course/pre-promotional course will be one of the parameters for promotion.

50.2 Procedure for Promotion of Police Officers(1) In line with the provisions of the Sikkim Police Act, 2008 promotion to each

rank in the Police Service shall be based on seniority cum merit, to be evaluated through the result of a qualifying examination and performance evaluation in respect of each officer. The Director General of Police shall, with the approval of the State Government, frame the evaluation criteria for each rank and category of Police personnel; provided that for the officers of the Indian Police Service such evaluation criteria shall be as framed by the Government of India.

Seniority Lists(2) Seniority lists prepared in accordance with relevant rules should be maintained for

all levels upto Asstt. Sub-Inspector rank by the AIGP, PHQ in respect of all Police personnel (GD), the respective commandants (consolidated in the IGP, Armed Police Office) for the Armed Police cadres and by the respective branch head in respect of the technical/special cadres. Common seniority list of Sub-Inspectors and Inspectors will be maintained by the AIGP, PHQ for the civil and Armed Police and respective branch head for the technical/special cadres. Every year in the month of January for every rank and category, the AIGP/Commandant or the branch head concerned should prepare and publish a seniority list as on 1st January of that year. In respect of Dy.SP and above rank the DGP should send an updated list of seniority for each rank by 15th January every year to the Government for approval and issue of the list before the end of February. On receipt of the list the Unit officers concerned should arrange to make it available to the members. A register for each rank and category should be maintained in the office of the AIGP or the respective branch. The changes by way of additions and alterations should be noted in the register indicating the authority or orders for the entries in the relevant column. Where personnel matters are stored in electronic systems (Computers), the seniority lists should be prepared as per the prescribed format and data up-dated as and when any change in respect of each person takes place.

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50.3 Eligibility for Promotion(1) Promotions from one rank to the other in civil police, armed police and other wings

of the department are subject to a minimum qualifying service in each category and other conditions as may be prescribed by the Government.

(2) The first requirement for eligibility for promotion is that the officer should be an approved probationer.

(3) No adhoc or out of seniority promotions shall be made by any authority. All promotions shall be made in the manner prescribed in the rules.

(4) The Police Officer should not be under currency of any punishment, major or minor. The currency of a minor penalty (iii) to (ix) as defined in Chapter 56 is “one year” from the date of award of the punishment. For with-holding of increments the currency will be equivalent to the number of increments withheld subject to a minimum of two years. He should not have suffered one major punishment or three or more minor punishments during the last five years.

(5) He should not be facing any departmental enquiry for grave charges or involved in any investigation/enquiry or trial in a criminal case.

(6) The officer should not be under suspension at the time of consideration for promotion.

(7) The officers for whom ACRs are maintained should have a good record of service i.e., there should not be any communicated adverse entry during the period of 5 years preceding the year in which the promotion is being considered or there should not be any communicated adverse entry at any time touching on his integrity or pertaining to moral turpitude in the existing rank.

(8) He should have completed successfully the prescribed pre promotional course and the in-service training courses for which he is nominated or sent in his service in a particular rank.

(9) All promotions from one grade to the next higher grade or financial upgradations or orders conferring higher ranks shall be made on the recommendations of DPC constituted by the DGP for the purpose.

50.4 Preparation of Promotion PanelsPromotion panels shall be prepared for each rank as provided in the following paragraphs. The promotions shall be made from the panel in the order of seniority as and when vacancies arise in the rank for which the promotion panel is prepared. A course of training and / or examination may be prescribed by the State Government for the promotion. On promotion to the higher rank every officer shall be placed on probation for a period of one year. The commencement of probation shall be from the date of assuming the charge of the new post.

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50.5 Promotions of DySP and higher rank officers(1) Promotions in the Indian Police Service are done by the State Government in the

Department of Personnel, AR & Trg. as per rules and guidelines framed by the Government of India.

(2) Promotions of officers in the State Police Service are done by the Department of Personnel, AR & Trg., Government of Sikkim on the recommendation of the Sikkim Public Service Commission as per rules framed by the State Government in this regard.

(3) The AIGP, PHQ will submit through proper channel to Department of Personnel, AR & Trg., a month in advance of the likely arising of a vacancy in the SPS cadre, or on the occurrence of a vacancy if it could not be anticipated, the ACRs, Vigilance clearance and all other relevant records of officers eligible and within the zone of consideration for promotion against the vacancy. To avoid undue delay in such matters the ACRs and other records of all police officers should be kept upto date.

50.6 Preparation of Panels of Inspectors for promotion to DSP(1) The AIGP, PHQ shall prepare and put up before the end of March every year to the

ADGP/IGP, Headquarters & General Administration Branch a list of all Inspectors of Police who have completed the qualifying service and are eligible for promotion as stipulated in ‘Eligibility for Promotion” para above classifying them into (i) those eligible for promotion and (ii) those not eligible for promotion. The category of ineligible candidates should contain information as to which of the conditions of eligibility laid down above has not been fulfilled. The personal records i.e. ACR file, APR or any other relevant record of all the officers in the above categories should be sent along with the list duly indicating the number of vacancies of Dy. SPs likely to arise during the next financial year.

(2) The ADGP/IGP, Hqrs & Gen. Administration branch will scrutinize the lists and ensure their correctness with reference to the laid down rules.

(3) The names in each category should be arranged in the order of seniority.

(4) These promotion lists together with the service records etc. of all those who have completed the qualifying service for promotion shall be forwarded to the Director-General of Police to reach him on or before the 1st of May.

(5) On receipt of the Seniority list of Inspectors the DGP shall forward the same to the Department of Personnel, AR & Trg. for sending them to the Sikkim Public Service Commission. Regular Promotions shall be made in the same order by the Deptt. of Personnel, AR & Trg. as the names appear in the promotional panel with the approval of the Government.

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(6) In respect of the technical branches like communication etc. necessary action as above will be initiated by the branch head concerned for promotion of their PIs.

50.7 Promotion of Sub-Inspectors to Inspectors(1) The posts of Inspectors are gazetted posts in the State and appointment to these

posts is 100% by promotion from the rank of Sub Inspectors. The S.I.s who fulfill the eligibility conditions laid down above in foregoing paras and the conditions indicated below are eligible for promotion to the rank of Inspectors.

A. They should have successfully completed the mandatory in-service courses subject to their having been nominated for the same. If the officer had been nominated once but did not attend for any personal reason it shall thereafter be his responsibility to get himself nominated for the next course and successfully complete the same.

(2) The AIGP, PHQ will submit before the end of March every year to the ADGP/IGP, Hqrs. & Gen. Adm. Branch, a list of Sub-Inspectors classifying them into (i) those eligible for promotion and (ii) those not eligible along with the number of vacancies that are likely to arise during the year. In the case of those not recommended for promotion, specific reasons should be given.

(3) The ADGP/IGP, Hqrs & Gen. Adm. Branch on receipt of the lists shall scrutinize the recommendation and send the file to the DGP alongwith the ACRs, APRs etc. for forwarding the same to the Department of Personnel, AR & Trg. for further action as given above for promotion from Inspector to Dy. SP.

(4) A panel of Sub-Inspectors found fit for promotion to Inspector rank matching the number of vacancies likely to occur during the financial year shall be maintained and promotions done as and when the vacancies actually occur during the year.

(5) In respect of the technical units like communication etc. necessary action as above will be initiated by the concerned branch head and the same procedure as above will be adopted.

50.8 Promotion of ASIs/HCs/Cts to next higher rank(1) The posts in the Sub-Inspector rank in Civil & Armed Police are filled up fifty

percent by direct recruitment and fifty percent by promotion from the eligible ASIs. In technical/special wings, where there are posts at these level, the posts in Sub-Inspector rank are all filled by promotion.

(2) The posts of Asstt. Sub-Inspector and Head Constable are filled cent percent by promotion from the eligible HCs and Cts respectively.

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(3) Vacancies existing on 1st January and likely to arise in the ranks of Sub Inspector, Assistant Sub-Inspector and Head Constable during the course of the year ending 31st December should be worked out by the AIGP, PHQ in respect of Civil Police and by the respective Commandants of battalions (to be consolidated in the office of IGP, Armed Police) by the 1st week of January every year and list of all ASIs/HCs/Cts who have completed minimum qualifying service and are within the zone of consideration for promotion to the next rank should be prepared in order of seniority classifying them into: (i) those eligible for promotion and (ii) those not eligible for promotion. The category of ineligible candidates should contain information as to which of the conditions of the eligibility laid down in the foregoing paras in this chapter have not been fulfilled. Seniority lists should be prepared with utmost care and accuracy.

(4) The lists so prepared shall be forwarded before the end of January to the Departmental Promotion Committee nominated by the DGP for scrutinizing the ACRs and other relevant service records of both the eligible and non-eligible ASIs/HCs/Cts for promotion to the next rank. Separate DPCs may be constituted for each rank.

(5) The DPC will examine the suitability of the candidates on the basis of seniority-cum-merit and, subject to such screening examinations as may be prescribed by the State Government, recommend a panel of ASIs fit for promotion to the rank of SIs, a panel of HCs fit for promotion to the rank of ASIs and a panel of Constables fit for promotion to the rank of HCs against the existing vacancies and the vacancies likely to arise during the course of the year to the DGP for approval. The physical fitness and health of the constables should be judged with reference to medical records including sick leave. Only in case of doubt a medical examination should be conducted.

(6) On approval of the DGP, the officers will be promoted to the rank of SI/ASI/HC against the vacancies existing on date. The panel will remain valid till 31st December and officers on the panel will be promoted in the order of seniority in which their names appear against vacancies as and when they actually occur during the year till December end.

(7) In respect of promotions in technical units like Communication, Band, Finger Print etc. necessary action as above will be initiated by the concerned branch head.

(8) In case time bound promotions are prescribed by the State Govt. upto a certain rank then in such cases promotions will be effected accordingly keeping in view their eligibility for promotion.

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50.9 Papers/Information to be submitted for consideration of DPCs.

(1) An up-to-date seniority list of persons in the relevant grade, a copy of which should be circulated to all concerned before finalization.

(2) ACR folders of all the eligible official duly completed in all respects for the last five years.

(3) List of eligible persons to be considered for promotion with full details of the number of vacancies.

(4) Report on the action taken on the results of previous DPC. (5) A statement showing major/minor penalties imposed upon the eligible officers

during last 5 years and the DEs pending against any of the eligible officers.

50.10 When Review DPC may be convened. (1) A review DPC may be convened to rectify certain unintentional mistakes in the

following circumstances:

(a) Non-reporting due to error, over reporting or omission of vacancies that existed at the time of holding of DPC.

(b) Where eligible persons were omitted and are to be considered.(c) When ineligible persons were considered by mistake.(d) Where the seniority of a person is revised retrospectively.(e) Where some procedural irregularity was committed by a DPC.(f) Where adverse remarks in ACRs were toned down or expunged after the DPC had

considered the case of the officer. (2) The Review DPC can neither change the grading of an employee earlier considered

without any valid reason which is to be recorded in writing nor change his/her position in the fresh panel. This will be applicable to cases of promotion by mode of selection as well as non-selection.

50.11 Role of DPC in Disciplinary Cases - Sealed Cover Procedure.(1) Particulars of employees in consideration zone for promotion falling under

following categories will be specifically brought to the notice of DPC:

(a) Employees under suspension;(b) Employees in respect of whom a charge-sheet has been issued and disciplinary

proceedings are pending; and(c) Employees in respect of whom prosecution in a criminal charge is pending.

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(2) The DPC will assess the suitability of the employees coming within the purview of the circumstances mentioned in para (1) above, alongwith other eligible candidates without taking into consideration the disciplinary case/criminal prosecution pending. The assessment of the DPC, including “Unfit for Promotion” and the grading awarded by it will be kept in a sealed cover. The cover will be superscribed “Findings regarding suitability for promotion to the grade/post of ………………..……. in respect of Shri ……….....………….. (Name of the Government servant). Not to be opened till the termination of the disciplinary case/criminal prosecution against Shri…………......…….”. The proceedings of the DPC need only contain the note “The findings are contained in the attached sealed cover”.

(3) The procedure outlined above will be followed by the subsequent DPCs till the disciplinary case/criminal prosecuting pending against the officer is concluded.

(4) The above procedure will be followed even if suspension/disciplinary action takes place after DPC consideration but before promotion. Status position shall be sought from the concerned branch before issuing promotion order.

(5) However, where an employee is exonerated in the first enquiry but another enquiry is started against him after promotion of the junior to the employee concerned, the benefit of assessment by first DPC (which was kept in a sealed cover) shall be allowed to the employee with effect from the date his immediate junior was promoted.

50.12 Promotion after completion of disciplinary proceedings:

(1) In case he is completely exonerated, the due date of his promotion will be determined and he will be promoted notionally with reference to the date of promotion of his next junior, if necessary by reverting the junior most officiating person. The Appointing Authority will decide whether and to what extent arrears of salary are to be paid; where arrears of salary or part are denied, reasons should be recorded.

(2) If any penalty is imposed on the employee as a result of disciplinary proceedings or if he is found guilty in the criminal prosecution against him, the findings of the sealed cover/covers shall not be acted upon and his case for promotion may be considered by the next DPC in the normal course having regard to the penalty imposed on him.

50.13 Six-monthly review of “Sealed Cover” cases.

(1) The Appointing Authority should review comprehensively such cases every six months to assess the progress made in disciplinary proceedings/criminal prosecution and further measures to be taken to expedite their completion.

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(2) If the disciplinary/criminal proceedings are not concluded even after two years from the date of the meeting of the first DPC, the Appointing Authority may consider the desirability of giving adhoc promotion to the employee concerned, provided he is not under suspension, keeping in view the following aspects :

(a) Whether the promotion of the employee will be against public interest;

(b) Whether the charges are grave enough to warrant continued denial of promotion;

(c) Whether there is any likelihood of the case coming to a conclusion in the near future; and

(d) Whether delay in conclusion of the proceedings is not because of the employee.

(3) In case the Appointing Authority comes to the conclusion after considering the above aspects, that it will not be against the public interest to allow adhoc promotion the employee, his case should be placed before the next DPC. The assessment by the DPC should be on the basis of the totality of his record of service without taking into account the pendency of disciplinary/criminal case. On recommendation by DPC, the order of promotion may be issued making it clear that the promotion is purely adhoc and until further orders. Such adhoc promotion will not confer any right for regular promotion.

(4) In case he is acquitted on merits/fully exonerated, the promotion made will be treated as a regular one from the date of the adhoc promotion with all attendant benefits.

(5) If the employee is not acquitted on merits of the case but purely on technical grounds and the Government either proposes to take up the matter to a higher Court or to proceed against him departmentally, or if he is not exonerated in the departmental proceedings then the adhoc promotion should be brought to an end and he should be reverted forthwith.

50.14 Promotion, Seniority and Eligibility of Person on whom a punishment has been imposed.

(1) A police officer on whom a minor penalty has been imposed should be considered for promotion by the DPC which meets after the imposition of the penalty and if he is still considered fit for promotion, the promotion may be given effect only after the expiry of the currency of the penalty.

(2) The seniority and the pay of such personnel on whom a minor penalty {i.e. penalties specified at regulation 56.3 (1) (iv) to (x)} has been imposed will be fixed in the promoted post without disturbing their original seniority i.e. the promotion will be given effect to after the expiry of the currency of penalty but they will not loose on their seniority or pay.

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(3) Warnings, letter of caution, reprimands or advisories administered to a police officer do not amount to a penalty and these, as also the penalties specified at regulation No. 56.3(1) (i) to (iii), will not constitute a bar for consideration of police officers for promotion.

(4) However, where a copy of the warning is also kept on the Confidential Report dossier, it will be taken to constitute an adverse entry and the officer so warned will have the right to represent against the same in accordance with the existing instructions relating to communication of adverse remarks and consideration of representations against them.

(5) A person who has suffered a major penalty or three or more minor penalties during last five years will not be eligible for promotion. His seniority shall be fixed from the date of his actual promotion when he is promoted on the recommendation of a DPC. His eligibility for further promotions shall also be minus this period of seniority that they have lost.

50.15 Assured Career Progression SchemeThe entitlement to higher grades under the scheme has been spelt out in the Government notification on the subject. All Heads of Offices in the Police department should ensure that officers responsible for this work in all units thoroughly read the connected government orders and ensure that the benefits due under this scheme are neither deprived nor delayed to any Police personnel.

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Chapter 51

General Administrative Instructions

51.1 Correspondence - General Rules

(1) Notifications and orders including that addressed to members of the public, issued in the exercise of statutory powers, should be duly signed both on the office copies and the fair copies by the officers empowered to issue them and not by any other officers on their behalf

(2) Any public notice required to be given under the provisions of the Sikkim Police Act, 2008 shall be published in the locality to be affected thereby, by affixing copies thereof in conspicuous public places [eg. Panchayat Ghars, BDO or SDM or DM offices] or by proclaiming the same with beat of drums, or by advertising the same in such local newspapers – English, Hindi or Nepali or the language used in the locality as the competent authority may deem fit or by two or more of these means or by publishing on the Sikkim Police website and by any other means it may think suitable provided that the competent authority may on being satisfied that it is in public interest to bring any regulation into force with immediate effect it may make such direction or regulation without previous publication.

(3) All communications addressed to Government or superior officers should be signed by the officers concerned or by the officers specially authorized to sign on behalf of the officer concerned.

(4) The name as well as the official designation of an officer should be clearly stated in every letter or proceedings issued by him or from his office. However, an authorized subordinate officer may sign it, once the draft of the letter or proceedings has been approved on the file.

(5) The use of facsimile signature stamps in lieu of manual signature in correspondence is forbidden. Official documents should be signed in a uniform and legible manner.

(6) Initials and full signatures should always be dated, the year as well as the date and month being shown.

(7) Complete address of the addressee should be written including the pin code. In case a particular officer has to see the letter, the letter should be addressed to the concerned office but caption added on the first page of the letter as: Kind Attn: Shri …………….. just below the official address. Wherever it is urgent and necessary to seek orders from DGP Office in any matter, Unit Officers should write the letter and sent it in name cover to the concerned Officer dealing with the subject in DGP’s Office.

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(8) When a large number of enclosures are sent with a letter, a list of these should be forwarded.

(9) Wireless messages should be sent in the manner prescribed in Chapter relating to Police Communication.

51.2 Classification of Correspondence

The official correspondence can be classified broadly as follows :

A. Top Secret - This marking is reserved for papers containing information of such a nature that for reasons of national security, it must only be disclosed to persons whose duty makes it essential that they should have knowledge of it. Such papers include references to current or future military operations, impending movements or dispositions of the armed forces and secret methods of warfare, to matters of high political policy and matters of secret intelligence and cyphers.

B. Secret - This marking is reserved for papers other than those marked top secret which are of such a nature that their disclosure to persons other than those whose duty is to have knowledge of them, would cause administrative embarrassment or difficulty or would be helpful to the enemy, without being gravely dangerous to the national interest.

C. Confidential - This marking is reserved for papers containing information the circulation of which is desirable to be restricted, for administrative reasons and which do not disclose such vital information as to warrant their inclusion in the secret category.

D. Private – Papers so marked are not to be placed in an official file or referred to in official correspondence. They should be kept by the recipient so long as they are required and then destroyed.

E. Personal – Papers with such marking are not to be opened by anyone except the officer named on the cover and to be returned to the sender if the addressee is not available.

51.3 Dispatch of Papers

(1) TOP SECRET and SECRET papers, when sent by post, must invariably be enclosed in double covers, the inner cover being marked TOP SECRET or SECRET, as the case may be, and addressed to the Officer for whom it is intended by name while the outer cover, which should be cloth lined, should bear only the usual official address and the frank of the dispatching office. Letters or packets containing TOP SECRET or SECRET PAPERS, when sent by post, should invariably be either registered and sent “acknowledgement due” or sent by speed post.

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(2) It is not necessary to use double covers for dispatching TOP SECRET and SECRET papers by hand, provided that, the single cover used is carefully sealed and clearly marked with the correct name, address and security marking, and the cover is entrusted to the hand of a reliable assistant or messenger who can take it direct to the officer addressed.

51.4 Disclosure of the Identity of Sources

(1) No record or information which relates to, or which leads or may lead to the discovery of the identity of the source from which or of any agent or informant from whom any secret information has been or may be obtained shall be communicated by any Police Officer to any other member of the police force to which he belongs, except as provided below:

(2) Officers of and below the rank of Inspector in the Special Branch shall not communicate, any record or information of the type described above to any Police Officer other than the Superintendent of Police, or an officer of higher rank having jurisdiction, if any of these officers require it.

(3) Officers of and below the rank of Inspector in the Criminal Investigation Department shall not communicate any record or information of the type described above to any Police Officer, other than the Superintendent of Police, or an officer of higher rank having jurisdiction, if either of these officers require it.

(4) Officers of and below the rank of Inspector in the district police shall not communicate any record or information of the type described above to any police officer, other than a superior officer of the district in which they serve if such an officer requires the information. Any superior police officer who is in possession of any record or information of the type described above shall not communicate it to any police officer, other than his immediate superior officer, if that superior officer calls for it.

(5) No record or information which relates to, or which leads or may lead to the discovery of the identity of any Police Officer who has obtained or may obtain, any secret information or who is or has been employed or who may be employed on any secret enquiry shall be communicated by a Police Officer to another Police Officer, other than his own immediate superior Gazetted Officer, if such superior officer requires such record or information.

(6) No record or information which relates to, or which leads or may lead to the discovery of the identity of any source from which or of any agent or information from whom any secret information has been or may be obtained and no-record or information which relates to, or which leads or may lead to the discovery of, the identity of any Police Officer who has obtained or may obtain any secret information, or who is

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or has been employed on any secret enquiry shall be communicated by any Police Officer, otherwise than as provided in the preceding regulations to any person except under the specific orders of the Director General which should be obtained in each case. Greatest care shall be exercised to avoid exposure when the source of information has to be transmitted to another Police Officer. Original report or a copy of any original report shall not be transmitted. Either the substance should be communicated or the report paraphrased.

51.5 Communication of Secret Information(1) No secret information of a type other than the one described above shall be

communicated by any Police Officer to any person other than a member of the police force within the State except as provided below :-

(i) The State Special Branch as well as the CID may communicate secret information to such persons, other than members of the police force within the State as are approved by the Government, lists of whom shall be maintained in the State Special Branch and the CID respectively. In urgent cases, the Heads of the State Special Branch and CID may, in anticipation of approval of the DGP communicate such information relating to their respective departments to members of a police force outside the State other than those mentioned in the approved lists.

(ii) Secret information which has to be communicated to District Magistrate in the interest of maintenance of law and order may be sent only by or under the authority of the Superintendent of Police of the district.

(iii) Communication of secret information by the District Police to any member of a police force outside the State should ordinarily be made through the State Special Branch or CID, as the case may be. In urgent cases, however, the district Superintendents of Police, may, in anticipation of approval, communicate such information to an officer of corresponding or higher rank in a police force outside the State, either in response to an enquiry from such officer or on his own initiative when the delay caused by communicating through the usual channel is likely to be prejudicial to the peace and security of the district concerned or the area to which the secret information is to be sent.

51.6 Radio Messages(1) All officers issuing “Confidential” or “Secret” radio messages should mark

them “Secret”.

(2) The transmitting radio station will then transmit such messages promptly after noting only a gist of relevant particulars in the log books. If necessary the message may be kept with them for 24 hours for purposes of verification. Thereafter it should be returned to the originator for record.

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(3) The receiving station, after receiving the message, should check it back with the transmitting station and then deliver the original copy itself to the addressee without retaining any copy. The receiving station will make only a very brief entry in the logbook omitting the text of the message.

(4) Secret matters, which even the operators need not know, should be sent in code.

51.7 Demi-Official Communications(1) Demi-official covers should ordinarily be addressed to the officer for whom they

are intended by his name and official designation. When the Officer addressed by name has vacated his post, his successor should open such covers and deal with the communications enclosed, if the latter is competent to do so. If not competent, he should return them to the sender with intimation to that effect and should treat any information thus obtained as confidential.

(2) A demi-official communication which is intended to be opened by the addressee and by no one else should be enclosed in a cover addressed to him by name only and the words “to be opened by the addressee only” should be written on the cover. If he has vacated the appointment and the cover is delivered to his successor, it should be forwarded to him direct, if his address is known, and if not, returned to the sender.

(3) The following instructions may be noted while writing demi-official correspondence :

A. A gazetted member of a Service may use the form “Dear Shri A” or “Dear Mr. A” in addressing a member of the same or any other service, who may be his colleague or who enjoys the same or similar official status as him. In case, he has to address a member senior to him in status, it would be appropriate for him to use the form “Dear Sir”/“Dear Madam”. In cases where the letters are addressed to a junior the form “My dear A” may be used.

B. As regards the form of address to be adopted in the case of women officers, the above instructions may be followed using “Smt” or “Kumari” as the case may be in the place of “Shri”.

(4) When a senior officer has an occasion to address a Minister or Chief Minister demi-officially, the mode of the salutation should be “Dear Sir” or “Dear Madam” as the case may be.

(5) The subject of the letter should be indicated before the salutation and should not be ended with suffixes like “regarding” etc.

(6) The letter should be closed with greetings like “with regards”, “with best wishes” whichever is appropriate. The sender should type his full name under his signature.

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51.8 Forms and Addresses

(1) In all official correspondence and Government records, only the following honorifics will be prefixed to the name of Indian Nationals, men and women, irrespective of their race or religion :

A. For men Shri or Mr., for women if married, Smt. or Mrs., if unmarried, Kumari or Miss.

B. So far as men are concerned each name should have the honorific “Shri” or “Mr.”, for example “Mr. Ramesh” or “Shri Sonam” and a plural for Shri should be “Sarvashri”. For women “Shrimatis” and “Kumaris” should, however, be used as plurals for “Smt. and Kumari”, respectively.

C. As regards addressing companies, firms, etc., word ‘Messers’ may be used before the name of company / firm, for example “Messers Khangri” or “Shri Tenzing and Company”.

D. Separate honorific prefixes for non-India nationals besides “Shri”, “Smt”, or “Kumari” or “Miss” are unnecessary. As far as possible “Shri”, “Mr.”, “Smt.”, “Mrs.”, “Kumari” or “Miss”, as the case may be, should be used as prefixes to all, except in the case of personalities of international importance, where prefixes appropriate to them (i.e., commonly used in their respective countries) may be used.

E. The honorific “Smt.”, “Mrs.” may be used for widows also and “Shri” or “Mr.” may be used for boys.

F. Medical practitioners of the scientific system of medicine (except those who hold military ranks) whether in the service of the Government or otherwise, should be addressed by the courtesy title of “Dr.” before their names and with their degree, licenses and service (in the case of Government servants) added at the end.

G. For officers or other individuals who hold doctorate, the honorific “Dr” may be used with name of service added at the end. No other degrees should be mentioned at the end.

51.9 Disposal of Applications/Petitions from the Public

(1) A letter or petition should be acknowledged within 24 hours of the receipt of the letter/petition. The acknowledgment should indicate the reference number in the office to enable all future correspondence to be addressed.

(2) When a communication is received in an office, and the subject matter is such that it should be sent to another office for disposal, it should immediately be forwarded to the concerned office and the petitioner should be informed of it while sending him an acknowledgment. When petitions are presented to Ministers while on tour,

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they may be handed over to the local officers concerned for necessary action. The officers receiving such petitions should take immediate action to acknowledge them. Acknowledgement should not be granted in the following cases:

a) Applications for appointment, but when the application is in response to an advertisement, the application may be acknowledged;

b) Applications repeating a request already disposed off and when the applicant has been told that further representations will not be considered;

c) When only copies of communications addressed to other offices are received, except when a communication is received from a superior authority specifically asking for an acknowledgment.

(3) The acknowledgment may normally be in the prescribed printed card. However officers may, at their discretion, send acknowledgments in the letter form also. All communications other than the initial acknowledgment to non-officials including applicants and petitioners should normally be in the form of a letter. Applications should be read carefully and dealt with promptly, expeditiously and satisfactorily. If delay in their disposal is likely to occur, the applicants should be informed suitably. It should be borne in mind that the public have a right to expect promptness, courtesy and care in the disposal of applications sent by them.

51.10 Correspondence with Public Representatives(1) Whenever a member of legislature or Parliament writes on matters relating to the

public or section thereof or an individual to whom the member thinks injustice has been done, the officer receiving such communication from the Member should give an acknowledgement to the Member concerned within seven days. The concerned officer should also examine the matter promptly and send a considered reply within a month as far as possible. If this is not possible, they should give interim replies indicating among other things, the probable date of the final reply and every attempt should be made to adhere to this date.

(2) The Unit Officers should maintain a special register in this behalf showing the date of receipt of the letter from the Member of Legislature or Parliament, Hon’ble Judges of High Court and Supreme Court, Ministers, persons holding constitutional posts, date of issue of acknowledgement, further stages of the case and the date of issue of final reply. This register should be reviewed once a month personally with a view to verifying that prompt action is taken at all stages. All sections of the Police Headquarters should likewise maintain the special register in each section and the registers should be put up before the Head of the Branch of the section every quarter for his perusal.

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(3) With regard to the supply of information, to the members of the Legislature / Parliament, the unit officers concerned may furnish information on request made by the members subject to the following conditions :

(a) The information is purely factual;

(b) The information is readily available and special efforts to collect it from a number of sources are not required;

(c) The information is not secret or confidential;

(d) The information does not relate to individual cases, whether of government servants or otherwise;

(e) The Information does not involve a statement of opinion or general policy.

51.11 Correspondence with Government

(1) The Superintendents of Police should send replies to references, received by them direct from Government, through the Director General of Police: The replies should invariably be accompanied by copies of the Government reference and its accompaniments, if any, and should, when necessary be submitted through the DIG, Range/ADGP/IGP, Law & Order concerned.

(2) Replies to important urgent references may be sent to the Government with copy being simultaneously forwarded to the DGP. However, references on policy matters or stating an opinion should be submitted through the Director General of Police.

51.12 Orders issued by Ministers

(1) The following procedure should be adopted in respect of oral orders issued to the Police Officers by Ministers :

(i) Orders of Government should normally be issued only under the signature of Secretariat Officer and routed through the official channel.

(ii) Where, however, in special circumstances, directions are given to a Police Officer directly (e.g., a Minister may give certain directions orally during his visit to an area), it is the responsibility of the officer who receives the instructions to reduce such instructions to writing and send a copy thereof to his official superior, with a request to address the Secretary in the administrative department concerned through the Director General of Police to get those instructions confirmed in writing. This should be done promptly on the day the instructions are given or at least on the following day.

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51.13 Replies to Legislative and Lok Sabha, Rajya Sabha Questions, etc.

(1) Replies to questions raised on the floor of the Legislative Assembly and the Lok Sabha or Rajya Sabha should be furnished on top priority basis.

(2) When questions raised on the floor of the Legislative Assembly or Parliament are referred to the Director General of Police, he will send the same to the CID or the Hqrs. branch depending on whether the matter relates to Crime/Law & Order or it is a purely administrative/Accounts matter. The ADGP/IGP, CID or Hqrs., as the case may be shall furnish the reply with a note to answer supplementary if necessary, within the prescribed time to the Assembly/Parliament if the information is available in his office. Where information has to be collected from subordinate officers, the ADGP/IGP, CID or Hqrs. will send copies of the question to the unit officers not below the rank of Superintendent of Police who shall furnish draft replies, a note to answer supplementary and any other relevant information at once or within the time-limit specified. The ADGP/IGP, CID or Hqrs. will send the reply to the Assembly/Parliament through the Home department if so required or under intimation to them. In important cases or where policy/opinion is involved reply will be sent through the Director General of Police along with a note for replying possible supplementary to the Government within the prescribed time-limit.

(3) If the questions are sent to the officers direct by Government i.e. ADGP/IGP, DIGP or Superintendents of the districts and other unit officers, such officers should furnish the replies to the ADGP/IGP, CID or Hqrs. as above who will then send the reply to the Government promptly after examining the same. In urgent cases where questions relate to routine facts and figures, replies may be sent by the SP/CID, or in case of purely administrative/account matters by the AIGP, after due examination.

(4) Whenever the information is called for by fax with a view to avoid any possible delay the replies should also be furnished by fax.

(5) If, in spite of the best efforts, it is not possible to furnish a reply within the prescribed time-limit, an interim reply should be sent to the Government specifying the time-limit within which the reply could be sent, with specific reasons for the delay. This procedure may be adopted only in exceptional cases.

(6) All correspondence regarding Lok Sabha / Rajya Sabha / Legislative Assembly questions should go in envelopes superscribed as “ IMMEDIATE - LOK SABHA / RAJYA SABHA / LEGISLATIVE ASSEMBLY QUESTION”.

(7) The above instructions will also apply to communications received from the High Court/Supreme Court. However, replies shall be forwarded to the Ld. AG/Standing Counsel for necessary vetting and further action as may be advised.

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51.14 Correspondence with other States :(1) The Heads of Departments and other officers authorized are permitted to correspond

directly on routine and non-controversial matters.

(2) Correspondence with police officers of corresponding ranks in other States is permitted in the cases detailed in the following paragraph subject to the restriction that it is confined to matters of routine and is not controversial in character. Inspectors and Sub-Inspectors may correspond directly with police officers of equal ranks in other States on the matters being handled by them pertaining to movements of criminals, enquiries as to antecedents and convictions of persons, information concerning crimes, soliciting assistance in cases or requesting statement of a person to be recorded. If wireless communication is required to be made, the prescribed message form should be adopted.

51.15 Direct Correspondence with Foreign Countries

(1) The Indian Union has its own diplomatic representatives in foreign countries. It is not permissible for Police Officers to enter into direct correspondence with their counterparts or with private companies, investors or manufacturers in such foreign countries. All correspondence intended for such persons in foreign countries must be routed through the Director General of Police, who will address the person concerned through the State Government.

(2) All references relating to political crimes and references relating to policies and general information should be routed through the Director, Intelligence Bureau, Ministry of Home Affairs, Government of India.

(3) In case of a direct communication permissible under this regulation, a copy thereof should be submitted to Government in the Home Department for transmission to the diplomatic representative of the Indian Union in the foreign country concerned.

(4) The police authorities in India on the one hand and foreign countries on the other have to correspond in routine matters relating to the control of emigration or investigation of specific crimes of non-political nature, such as murder, dacoity, robbery, burglary, etc. These should be routed through the Assistant Director/ SP Interpol unit of CBI.

(5) Any information required by any foreign police force concerning police in India should not be furnished direct; but the information together with a copy of the letter received should be sent to the Director General of Police for onward transmission through the Director, Intelligence Bureau, Government of India. On no account should such information be furnished direct.

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(6) Whenever certificates or documents are issued by executive authorities in India for use in foreign countries at the instance of private parties, the following points should be kept in mind:

(a) The document should be drawn on reasonable quality foolscap paper;

(b) The paper or the form used should bear the name of the authority issuing it;

(c) As far as possible the signature of the officer signing the certificate or the document should be supported by his official seal;

(d) In cases of documents and certificates required by the Government of India on behalf of foreign countries, these should be submitted to the competent officer of the State Government for attestation, under his seal, of the signature of the local authority originally issuing the document or certificate.

51.16 Correspondence with the Accountant GeneralThe Superintendent may furnish direct to the Accountant General information on accounts matters required by him. In respect of matters requiring sanction of the Director General of Police or Government or involving interpretation of rules, etc., the Superintendent should make a reference to the Director General of Police.

51.17 Form of correspondence with Sub-Divisional Revenue Officer and Magistrates

(1) Correspondence between a gazetted police officer and a Sub-Divisional Revenue Officer or Magistrate may be by letter or in the form of endorsement. The endorsement form should be used in preference to the letter form whenever possible. Proceedings or similar mandatory forms implying subordination should not be used. The letter form should be brief and in the simple, and most direct style.

(2) Correspondence between Judicial Magistrates and Police Officers on all-important matters shall ordinarily be routed through the Chief Judicial Magistrate concerned.

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51.18 Form of correspondence between Station House Officers and Officers superior in rank to them

Sub-Inspectors and Station House Officers shall address Magistrates, Sub-divisional Officers and other Government Officers of the corresponding ranks by letter in the following format :

SIKKIM POLICE DEPARTMENT

From: To:

Station House Officer, District Magistrate,

--------------------- Police station, East District,

East District Gangtok Gangtok

Date : ................

Ref. No. …………………………

Sub:- -------------------------------------------------------------------

Sir,

------------------------------------------------

------------------------------------------------

------------------------------------------------

------------------------------------------------

Yours faithfully,

(ABC. )

Encl: as above

Copy to:

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51.19 Papers, which have to be sent through the Deputy Inspector General of Police/Range and the ADGP/IGP, Law & Order

All reports emanating from District Police on subjects of crimes, law and order, police operations, police functions, internal security, coordination, internal management of police should ordinarily be routed through the DIGP/Range who will forward the same with his comments to the ADGP/IGP, Law & Order who wherever necessary will forward the same to the DGP. A list of other subjects, the correspondence on which should ordinarily pass through the DIGP/Range, is given below for guidance.

(1) Re-allocation and change of headquarters or limits.(2) Additions to or reduction of staff and proposals for new Police Stations or Units.(3) Application or interpretation of or amendments to rules and orders.(4) Proposals for the application of Acts and proposals for new laws, amendments to

laws.(5) Induction or in-service training, or on-job training of all ranks in a training institution

in the State or outside or abroad.(6) Correspondence relating to recruitment, posting, transfers and promotions of Sub-

Inspectors.(7) Modernization, New buildings, additions or improvements to them.(8) Recommendations for medals.(9) Reward rolls.(10) Punishment of Gazetted Officers.(11) Appeals and petitions.(12) Papers regarding allegations of torture by the police.(13) Reports of death.(14) Changes in Dress and Equipment Regulations.(15) Audit reports. (16) Printing of new forms or revision of existing forms.(17) References of general or unusual interest.(18) All matters relating to police duties and functions. Note: Routine matters, periodical returns etc. need not be routed but wherever necessary, copies may be marked to him.

51.20 Prompt Submission of Reports to Head Quarters (1) Whenever a report is called for from Police Headquarters it should be submitted

within the time stipulated; if no time is stipulated, then the report should be sent within a fortnight.

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(2) If, for any unavoidable reason, it is not possible to expedite the report, the officer concerned should send an interim report within the time stipulated in sub-regulation (1) above, mentioning when he would be sending the report called for.

(3) If the officer concerned does not send a report as required in sub-regulation (1) or (2) a reminder shall be issued from the Police Headquarters and the officer concerned should at once expedite his report without any delay.

(4) If, in spite of the reminder, the report is not expedited, a second reminder will be issued and this will be a warning reminder.

(5) If, even after the issue of the warning reminder, the report is not sent, a final reminder will be issued, stipulating a time limit within which the report should be sent. This reminder will have a counterfoil in which the officer concerned should acknowledge the receipt of the reminder on the day he receives the reminder, and send it by post to the Police Headquarter. The officer concerned should then send the report within the time stipulated in this reminder and if he still fails to do so, he will be held personally responsible for his failure to comply with the above instructions.

51.21 Delay in the Disposal of Official Correspondence(1) It is the duty of every Government servant to contribute his utmost towards quick

and efficient disposal of correspondence entrusted to him, and if he fails to do so it will be presumed that he is either indifferent or incompetent.

(2) Heads of offices should take very severe notice of any unreasonable delay in the disposal of the work entrusted to an officer subordinate to them.

(3) At the same time the practice of members of the staff taking Government files home with a view to keeping their work up to date should be deprecated. No member of the staff should be allowed to take Government files home, except in special circumstances and then only after the permission of the concerned Head of Office, not below the rank of SP, has been obtained.

51.22 Unpaid LettersUnpaid letters prescribed as on public service, even though unsigned by a person authorized to frank, must be accepted.

51.23 Orders on Petition(1) Petitions received from persons outside the department should not be returned in

original but an order should be communicated to the sender.(2) Petitions and communications received from private individuals or organizations should

be acknowledged forthwith and a reply sent in due course. The Inspecting Officers should invariably verify whether the above instructions are being complied with.

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51.24 Nil returns

Printed forms of returns may not be used when the return is a “NIL” one. A quarter sheet of paper can be used.

51.25 Corrections

All corrections and alterations in police records should be made by drawing a line across the original entry so as not to obliterate it and writing the required alteration above and attesting it.

51.26 Correspondence to be in Official Language of the State

All correspondence within the State may preferably be in English. The station records will be maintained in English. The instructions of the Government on the subject issued from time to time should be complied with in all correspondence.

51.27 Filing and weeding of records

(1) All files in a branch/unit shall bear a distinctive number and have “POL/Name of Branch/Name of Unit/Year of opening” as suffix. For eg. a file in the CID may bear a number “231/POL/CID/FP/2011”. Criminal case files and inquiries shall, however, bear the respective case or inquiry number. All correspondence from a particular file shall bear the aforestated number of the file. The dispatch no., if required to be added, will be noted after the file number by the despatcher.

(2) All papers received in the branch shall be processed in the file concerned. Every file shall be maintained in two parts, one containing the note sheets and the other the correspondence pages. Letters, un-official notes, memorandum, etc. received from outside shall be kept in sequential order & serially numbered in the correspondence pages in the file cover. Its processing shall be done by writing in brief, to the point and factual notes on the note sheet.

(3) Main files except in respect of cases requiring financial sanction, will ordinarily not be sent out of the Police department. If required, part files (bearing the number of the main file with suffix (pt.)) may be sent and a copy of note placed in the main file for record.

(4) Record of all files existing in a Branch will be kept in the office of AIGP/Hqrs, in addition to the branch concerned. New files shall be opened only after approval of concerned Head of Office. Once any file becomes bulky, say over 200 to 300 pages, next volume should be opened duly recording post & previous references on the earlier and latter files. A file (Index File) will be maintained in each branch which will contain record (chronologically) of the files opened in each year.

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(5) The Hqrs & Personnel branch will also issue a circular prescribing the time period for which records/files shall be preserved in a branch subject to the RTI Act and any orders of the Govt. in this regard. A review shall generally be made at the time of the annual inspections. Records will be destroyed by burning into ashes or through shredding machine after approval of the branch head and recording the details of the records proposed to be destroyed in the Index Files kept in the concerned branch under intimation to the AIGP.

(6) Every branch shall maintain a file movement register, wherein the movements of files while out of the branch should be indicated with date.

(7) Except where authorized by law or rules, any correspondence with other departments or their subordinate offices shall be addressed to the concerned Head of Department or Head of Office only and shall be from the Head of Department or Head of Office. In very urgent cases, during absence of said officers, concerned branch officers may sign for them and inform them later.

51.28 Receipt-cum-Despatch

(1) There will be a Receipt-cum-Despatch desk in all branches and in sections/units as necessary. The in-charge of the Receipt-cum-Despatch centre will be a ASI/Head Constable. All kinds of correspondence (dak) addressed to the DGP or the Police Officers in the Headquarters and Personnel branch shall be received by the said ASI/HC who will make necessary entries in the Receipt and Despatch registers as per Form 99 giving the Receipt No. and date on the papers and also sign in the Peon Book with which the same is received. During the absence of Receipt-cum-Despatch in-charge on account of leave or any other reason, the AIGP will depute another H/C or Senior Constable by name to work in his place.

(2) The Receipt-cum-Despatch H/C will, however, not open the confidential ‘dak’. All dak will be handed over to the concerned PS/PA/Reader who will put in the designated pad to their officer. After endorsement of the officer the dak will be sent back to the Receipt-cum-Reception H/C who will enter the same in the register and sent it as per the endorsement to the officers concerned. Personal letters of the officers shall be sent to the officers concerned and no entry need be made in respect of same.

(3) In case of documents relating to another branch the person bringing the documents may be directed by the Receipt-cum-Despatch HC to the concerned branch.

(4) Local dak shall be dispatched to the addresses in peon books through one of the constables. These constables should ensure that full name of the receiver of the dak is obtained in the Peon Book along with the date of receipt so that responsibility can be fixed in case of loss or misplacement.

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(5) It is emphasized that the files/documents of the department should not find their way to unauthorized hands even within the organization. No member of the staff who is not authorized should access or use any file for any reason whatsoever. Any breach of this order will be construed as misconduct.

51.29 Attendance(1) Daily attendance will be recorded by all Gazetted and subordinate executive and

ministerial staff posted in the Hqrs, except the subordinate police staff posted in the Reserve Lines or the Intelligence wing of CID, at the time of their arrival and departure in the Attendance recorder installed for the purpose and in case it is not functioning on a day or for a person, the arrival/departure should be noted in a register maintained for the purpose in the branch.

(2) Leave of officers shall be recorded in the machine record only after its sanction by the competent authority.

(3) Officers leaving before the closing time will keep their respective Head of Office informed.

(4) It shall be the responsibility of the branch/unit heads concerned to ensure regularity and punctuality in attendance by themselves and by their subordinate staff. The ADGP, Hq & General Adm. branch shall be overall responsible in respect of all staff posted in the PHQ for directing/taking necessary action against those arriving late or leaving early without permission.

51.30 Tours(1) No tours will be undertaken without prior approval of the competent authority.

Head of Office is the competent authority for approval of tours of Non-gazetted police personnel within Sikkim and Head of Department for tours of GOs within Sikkim. DGP is competent to approve tours of GOs within Sikkim & Darjeeling/Jalpaiguri districts of West Bengal and of NGOs outside the State.

(2) Tours of GOs outside Sikkim and Darjeeling/Jalpaiguri districts of W.B. will be undertaken with the approval of the Chief Secretary. If the tour is in connection with a criminal case tours may be undertaken by the IOs and support staff in urgent cases with the approval of the concerned SP under intimation to the Hqrs.

(3) Officer in charge of a Police Station may also detail the PS staff for carrying out any direction of Court/Law. For such tours command certificates shall invariably be issued by the P.S. unit and entry made in the P.S. General Diary.

(4) Controlling officers, as specified in the rules issued by the Finance department, will ensure that the TA claims are justified. And, subject to budgetary constraints, a TA claim shall be paid within one month of its submission to the Accounts unit. Drawing and Disbursing officers will ensure this.

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51.31 Leave

(1) Casual Leave (and station leave), as admissible under the rules of the Govt., will be sanctioned by the concerned SHOs or the respective unit head in case of NGOs and by the Head of Office in case of GOs of the units and record made in the C.L. register kept in each branch/unit. In respect of SP and above level the CL will be sanctioned by the next superior officer.

(2) Earned Leave and medical leave to ranks upto Police Inspector will be sanctioned, as admissible under rules, by the concerned Head of Office/branch on their personal files. In respect of DySP & above rank the requests for such leave will be forwarded through the branch head to the Department of Personnel for sanction.

(3) Details of Earned/Medical leave in r/o all officers will be entered in a register in Form No. 2 as stated in Chapter - 4, State Reserve Lines by the concerned HOD/branch head/HOO.

(4) Leave should generally be granted except during emergencies.

51.32 Charge of branch/office during leave/tour of officers

During absence of the head of a branch or the head of office on earned leave or tours outside the State the routine duties of the concerned branch/office shall be looked after by the next senior most officer in the branch/office unless another officer has been designated by the State Government or the DGP to look after the charge of the said branch/office. An officer holding such charge (except under order of the State Govt./DGP) will, however, not exercise the financial/administrative powers of Head of Office/Head of department or decide on matters of policy. Such matters will be forwarded to the next superior officer for necessary action.

51.33 Annual Confidential Rolls

(1) ACRs will be written in the prescribed format in duplicate within one month after the close of each financial year in respect of all staff including constables except class IV staff. In case a Gazetted Officer fails to submit the resume of work done by him during the year within one month after the close of the financial year, i.e. by the 30th of April, the Reporting officer should proceed to write the ACRs duly recording a statement to that effect. However, before so doing, concerned officer should be reminded once in writing to submit his ACR.

(2) The ACR for Constable to Head Constable rank will be written in Form 160, for ASI to SI rank in Form 161 and for Group B to Group A Police Official in Form 162. ACRs for IPS officers will be in forms as prescribed by the Government of India.

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(3) The following will be the Reporting, Reviewing & Accepting authorities for the various ranks in the Police :

Rank Reporting Officer Reviewing Officer

Accepting Officer

Custodian

Constable SHO/designated SI or PI

SDPO/designated DSP or Addl. SP

SP HOO

Head Constable -do- -do- -do- HOO

ASI -do- -do- -do HOO

SI SHO (in case he is not PI rank officer then SDPO)

SDPO (in case he is reporting authority then the SP)

-do-

(in case SP is the reviewing officer the DIG/IGP)

HOO

Inspector SDPO (in case of district police) and the next higher supervising officer in r/o other branches

SP or DIGP (if the SP is the reporting officer)

IGP/ADGP DGP

Dy. SP SP DIGP/IGP -do- DOP

ASP SP -do- -do- DOP

SP DIG/IG ADGP/IGP DGP DOP

DIGP IGP ADGP DGP DOP

IGP ADGP/DGP DGP/CS CM DOP

ADGP DGP CS CM DOP

(4) In respect of the Officer-in-charge of the Check Post Police Station the Reporting Officer shall be the concerned SDPO who, after recording his comments, will forward the same to SP, Check Post branch for review and further action.

(5) The ACRs of Vigilance officers of the Police posted to other departments will be written by the concerned HOD as the reporting officer and sent to Director Vigilance, who will record his remarks on a separate sheet of paper, for review and acceptance by the Chief Secretary.

(6) ACRs of stenographers and drivers will be initiated and reviewed by the officer with whom they are attached and will be put up to the respective branch head for counter signature and acceptance.

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(7) OS/HA adm. shall put up ACR forms by the first week of April each year in respect of GOs to them for filling in their resume and onward submission to reporting officer and in respect of NGOs to the concerned Head of Office in the branch.

(8) ACRs will be maintained in separate folders in respect of each staff. An index showing the period of ACRs kept within should be pasted on the inside cover of each person’s folder.

(9) ACRs of all non GOs shall be kept in the custody of the respective Head of Office, of Inspectors in the custody of DGP and of DySP & above rank in the custody of Department of Personnel, AR & Trg with a copy being retained in the DGP office.

51.34 Premature retirement in public interest

(1) As per Rule 99(1) of the Sikkim Government Service Rules the Government has the right to retire any Government Servant, who has attained the age of 50 years or has rendered not less than 25 years of service, if it is of the opinion that it is in the public interest to do so, by giving him not less than three months notice in writing or three months’ salary in lieu of such notice.

(2) There need be no hesitation amongst senior formations to take action under the above Rule where such action is eminently justified. Judicial pronouncements are clear to the effect that premature retirement is not a punishment, that it does not involve a stain or stigma and that it is in public interest.

A. Explaining the objects of the rule, the Supreme Court observed in the case of Union of India Vs. M.E. Reddy and another (AIR 1980 SCC : 563) as follows:

(i) “The object of the Rule is to weed out the deadwood in order to maintain a high standard of efficiency and initiative in the State Services. It is not necessary that a good officer may continue to be efficient for all times to come. It may be that there may be some officers who may possess a better initiative and higher standard of efficiency and if given chance the work of the Government might show marked improvement. In such a case compulsory retirement of an officer who fulfills the conditions of Rule 16(3) is undoubtedly in public interest and is not passed by way of punishment.”

(ii) “Compulsory retirement contemplated by the aforesaid rule is designed to infuse the administration with initiative ………..so as to meet the expending needs of the nation, which require exploration of “fields and pastures new”. Such a retirement involves no stain or stigma nor does it entail any penalty or civil consequences. In fact, the rule merely seeks to strike a just balance between the termination of the completed career of a tired employee and maintenance of top efficiency in the diverse activities of administration.”

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B. The Supreme Court has further observed in the case of State of Gujarat Vs Umedbhai M. Patel (Civil Appeal No. 1561 of 2001, 3 SCC:320) as follows:

(i) Whenever the services of a public servant are no longer useful to the general administration, the officer can be compulsorily retired for the sake of public interest.

(ii) Ordinarily, the order of compulsory retirement is not to be treated as a punishment coming under Article 311 of the Constitution.

(iii) For better administration, it is necessary to chop off dead wood, but the order of compulsory retirement can be passed after having due regard to the entire service record of the officer.

(iv) Any adverse entries made in the confidential record shall be taken note of and be given due weightage in passing such order.

(v) Even un-communicated entries in the confidential record can also be taken into consideration.

(vi) The order of compulsory retirement shall not be passed as a short cut to avoid Departmental enquiry when such course is more desirable.

(vii) If the officer was given a promotion despite adverse entries made in the confidential record, that is a fact in favour of the officer.

(viii) Compulsory retirement shall not be imposed as a punitive measure.

C. In the matter of State of Sikkim and others versus Sonam Lama and others decided on 6th September, 1990, (AIR 1991 SC 534), the Supreme Court has held that before passing an order of compulsory retirement under the above rule, it is not necessary to hold inquiry or inform the Government Servant concerned in advance of the action being taken against him.

(3) The performance of a police officer shall be reviewed for examining his/her fitness to continue in service beyond the age of 50 years or after he/she has rendered not less than 25 years of service by a committee comprising of the following:

(a) For non-gazetted police officers :(i) ADG/IGP incharge of the branch (ii) AIGP and (iii) DS (Adm), PHQ

(b) For gazetted police officers : (i) Chief Secretary, (ii) Home Secretary and (iii) Director General of Police(4) In cases where a police officer is being pre-maturely retired in public interest

the recommendation of the above committee shall be placed before the State Government for final decision. In other cases approval will be accorded by the DGP in respect of non-gazetted police officers and by State Government in respect of gazetted police officers.

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(5) While the entire service record of an officer should be considered at the time of review, greater emphasis will be placed on his performance during the 5 years preceding the review. If an officer had been promoted to a higher post during the said period of 5 years, the service in the higher post shall receive greater emphasis. If, during the aforesaid period of 5 years, there is evidence of deterioration in efficiency and unsatisfactory performance the Review Committee shall examine the entire service record and arrive at a total picture about the suitability or otherwise of the officer for further retention in Service.

(6) In a case where the physical or mental condition of an officer is such as to make him inefficient, it would be appropriate to consider him for retirement in public interest.

(7) There is no bar to the “pre-mature retirement of a Government servant in public interest” at a later stage even though he/she may have been earlier allowed to continue in service after the review of his/her performance on attaining the age of 50 years or after he/she had rendered not less than 25 years of service. However, this should be done after due consideration and where circumstances clearly show that premature retirement of the officer would be in public interest.

(8) In a case where on an alleged misconduct a departmental inquiry has been conducted and the stage has been reached for a decision by the competent authority on the punishment to be imposed, it would not be appropriate to issue, instead, an order of premature retirement. However, there may be cases where there is independent material to justify the premature retirement of an officer either on the grounds of inefficiency or lack of integrity; the Review Committees may in such cases formulate its recommendations. Further, where no departmental inquiry has been initiated and the specific allegation of misconduct involving lack of integrity is only one fact on the service record of the officer, which has to be considered in toto, an order under this regulation can quite appropriately be passed if the same is otherwise justified. Each case has to be considered and decided on its own merits.

51.35 Home Guards/Mustor Roll Employment

(1) Home Guards shall be appointed in the police only against their authorized strength in a branch with the prior approval of the DGP.

(2) A person may be appointed on daily wage basis as leave substitute during the leave period of a cook or a Safai Karmachari only upto a maximum period of one month. Approval of the DGP shall be taken for extended employment in case the leave period of the employee proceeding on leave is more than a month.

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51.36 Dress

All members of the Police Force shall wear neat & tidy police uniforms as prescribed under the rules.

51.37 Application of other Rules

For any matter not covered under this manual, the Rules & Instructions framed by the State Government in respect of such matter shall be followed. In case of absence of any rule or instruction on a subject public interest (and not individual interest) shall be the guiding factor.

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Chapter 52

Financial Management

52.1 Introduction (Financial Management)

(1) It is provided under the State Police Act that:

(i) The Director General of Police shall be responsible for submitting the budgetary requirements of the Police service as a whole to the State Government sufficiently in advance in the preceeding financial year.

(ii) The budgetary requirements shall be worked out on the basis of realistic needs of each branch, wing, unit and sub-unit of the police service, obtained from the unit officers concerned.

(iii) The District Superintendents of Police shall take special care to ensure that the financial requirements of each Police Station in the districts are worked out meticulously and adequately projected in the budgetary demand of the district.

(iv) The budgetary allocation made by the legislature shall be placed at the disposal of the Director General of Police who shall be vested with powers to spend the amounts earmarked under each head of the budget as per the financial rules of the state and directions given by the state government from time to time.

(2) The general rules regarding financial management are contained in the Sikkim Financial Rules, 1979 as amended from time to time by the govt. and are applicable to the police department.

(3) Branch Heads of the level of the Additional Director General/Inspector General of Police may exercise the general powers of the Head of the Department for their respective Branch in administrative and financial matters delegated in terms of the Sikkim Financial Rules, 1979 and Establishment and allied Rules subject to the overall supervision of the DGP.

(4) The DGP may, however, reassume to himself the powers of HOD in respect of a particular branch or branches and may assign the functions of the DDO to another DDO for a temporary period if in his opinion it is necessary to do so in public interest to regulate the receipts/expenditure of the branch.

52.2 Budgetary Grants

General procedure for preparation and submission of detailed estimates is stated under Rule 75 of the Sikkim Financial Rules.

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52.3 Surrender & Reappropriation of unspent grants

(1) (a) Superintendents of Police in the districts and all heads of offices are responsible in respect of their own and subordinate Police offices for seeing that unspent balances of grants which may lapse with the close of the financial year are surrendered to the Additional Director A/cs/CAO at Police Headquarters in the prescribed form as per Rule 84 of the Sikkim Financial Rules, 1979 before the close of the financial year.

(b) They are also responsible for submitting the re-appropriation proposal in the prescribed form to the Additional Director A/cs/CAO at Police Headquarters as per Rule 85 of the Sikkim Financial Rules, 1979 as and when savings & excess are ascertained in their approved grants.

(2) No money shall be withdrawn from the treasury, unless it is required for immediate disbursement. It is not permissible to draw advances from the treasury either for the prosecution of works the completion of which is likely to take considerable time or for pre venting the lapse of budget grants. The following irregularities must, therefore, be avoided :

(a) The drawing of money, in advance of requirements to save a lapse of grant.

(b) The payment for goods before the firms with whom orders are placed are in a position to deliver them.

(c) The holding of undisbursed money not needed for actual requirements.

(d) The certification that detailed bills for previous months had been furnished, when no such bills had actually been prepared on the date of drawal of money.

(3) They should not issue orders sanctioning disbursement of money towards the close of a financial year, unless there is a reasonable chance of its being spent before the end of the year.

(4) The procedure of obtaining a large quantity of stamps or other supplies towards the close of a financial year, in excess of probable and reasonable requirements up to the end of the year, is opposed to the spirit of financial rules, and must be avoided.

(5) An unusually large proportion of various grants is spent in the last month of the financial year. This too must be avoided. All officers should consider the state of their grants carefully and, where expenditure is necessary for bonafide reasons, should order what they want, as far as possible, in November and arrange to pay for it before the end of January.

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52.4 Monthly Statement of Expenditure

(1) The Additional Director A/cs/CAO, PHQ will submit to Government in the Finance Department monthly statements of actual receipts and the expenditure incurred by all the offices under the police department during the month. All drawing & disbursing officers should furnish the requisite information regarding progress of expenditure to the AD, A/cs/CAO, PHQ before the 5th of the month following the month to which the accounts relate, with copy to their Head of Office, to enable the DGP office to submit the consolidated receipt and expenditure to the Finance Revenue & Expenditure Department by the 10th of the month. The statement shall be prepared from the figures recorded in the Contingent Audit Registers maintained by the DDOs which contain complete account classification of the respective items of expenditure.

(2) The AD, A/cs/CAO, PHQ shall also keep the DGP regularly informed of the progress of expenditure in the various branches/offices of the Police department duly indicating any likely excess or savings in the budgetary grant of any office.

(3) Heads of Offices will also give a quarterly report on the progress of construction works taken up in their district/battalions/office under the State Plan, MPF, FC grant or any other plan scheme funds of the Central or State Government to the IGP, Planning & Modernisation. In respect of construction works in and around Gangtok area, this function shall be performed by SP, State Reserve Lines.

52.5 Account Procedure

The following account related procedures should be complied with :

(A) Revenue and Receipts:

(1) The general rule regarding all revenue, receipts or other sums due to the Government are given in Rule 50 of the Sikkim Financial Rules, 1979.

(2) No claims to revenue or other dues to Government shall be remitted or abandoned without the sanction of the Finance, Revenue & Expenditure Department as per Rule 51 of the Sikkim Financial Rules, 1979.

(3) The sale proceeds of worn-out articles of Police clothing and condemned dead stock articles, rents of Police building and lands, sale proceeds of ammunition issued to license holders on payment and other receipts which cannot conveniently be taken to other heads should be credited to ‘0055-Police 800-Other Receipts 01-Miscellaneous Receipts.

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(B) Expenditure and payment of money:

No authority may incur any expendi ture or enter into any liability involving expenditure or transfer moneys for investment or deposit from Government account unless such expenditure or transfer, as the case may be, has been sanctioned by general or special orders of Government or by any authority to which power has been duly delegated in this behalf.

(C) Standards of financial propriety: (refer Rule No. 11 of the Sikkim Financial Rules, 1979)

Every officer incurring or authorizing expenditure from public moneys should be guided by high standards of financial propriety. Every officer should also enforce financial orders and strict economy at every step and see that all relevant financial rules and regulations are observed by his own office and subordinate disbursing officers. Among the principles on which emphasis is generally laid are the following :

(i) Every officer is expected to exercise the same vigilance in respect of expenditure incurred from public moneys as a person of ordinary prudence would exercise in respect of expenditure of his own money.

(ii) The expenditure should not be prima facie more than the occasion demands. (iii) No authority should exercise its powers of sanctioning expenditure to pass an order

which will be directly or indirectly to its own advantage. (iv) Expenditure from public moneys should not be incurred for the benefit of a

particular person or a section of the people, unless :

(a) a claim for the amount could be enforced in a court of law, or

(b) the expenditure is in pursuance of a recognised policy or custom.

(v) The amount of allowances granted to meet expenditure of a particular type should be so regulated that the allowances are not on the whole a source of profit to the recipients.

(vi) The responsibility and accountability of every authority delegated with financial powers to procure any item or service on Government account is total and indivisible. Government expects that the authority concerned will have the public interest uppermost in its mind while making a procurement decision. This responsibility is not discharged merely by the selection of the cheapest offer but must conform to the following yardsticks of financial propriety :

(1) Whether the offers have been invited in accordance with governing rules and after following a fair and reasonable procedure in the prevailing circumstances.

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(2) Whether the authority is satisfied that the selected offer will adequately meet the requirement for which it is being procured.

(3) Whether the price on offer is reasonable and consistent with the quality required.

(4) Above all, whether the offer being accepted is the most appropriate one taking all relevant factors into account and in keeping with the standards of financial propriety.

(vii) Wherever called for, the concerned authority must place on record in precise terms, the considerations which weighed with it while taking the procurement decision.

(D) Defalcations, losses etc:

This is governed by Rule 20, 21, 22, 23 & 24 of the Sikkim Financial Rules, 1979. All drawing and disbursing officers should follow the following procedure in order to minimise the risk of misappropriation, theft, etc.:—

(i) The officer concerned should invariably make a surprise check of the cash section once a month and certify that the cash balance with the cashier is in order.

(ii) The officer concerned should issue instructions for the guidance of the staff in his office dealing with cash transactions which should, among other things, specify a panel of names of clerks and peons, who should be sent for encashing bills or credit any money into a treasury or a bank; the name or names of persons actually sent being entered on each occasion in the relevant register.

(iii) A superior officer should, during periodical inspection of an office, verify as to whether the provisions of the relevant rules and the procedure prescribed under these instructions are properly observed.

(E) Vouchers in support of payments:

Rule 37 of the Sikkim Financial Rules, 1979 may be referred in this regard.

52.6 General Rules regarding Account Paper

Some of the important rules regarding accounts papers are following which should be strictly followed by all concerned:

(A) Use of official designations of officers in account papers :

(1) In all account papers, bills, receipts, proposition statements etc., the official nomenclature of the different ranks or grades of the Police and other officers should be used.

(2) All corrections and altera tions in the total of a bill whether made in words or figures, should be attested by the full signature with date of the person signing the receipt as many times as such corrections and alterations are made.

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(3) Erasures and over-writings in any bill are forbidden and must be avoided; if any correction is necessary, the incorrect entry should be cancelled neatly in red ink and the correct entry inserted. Each such correction or any interpolation deemed necessary should be authenticated by the drawing officer setting his dated initials against each.

(B) Drawing Officers’ Specimen Signature: The Finance, Revenue & Expenditure Department takes the responsibility of declaring Drawing & Disbursing Officer on the recommendation of the Head of Department and sends the specimen signature of the Drawing & Disbursing Officer to the banks and the Pay & Accounts Offices under Rule 2(xiii) of the Sikkim Financial Rules, 1979.

52.7 Account Books

Following are important Accounts Books which are required to be maintained meticulously, regularly and carefully:

(A) Cash Book

(1) The general rule for maintenance and writing of cash book is given in Rule 49 of the Sikkim Financial Rules, 1979.

(2) (a) For the police funds cash book, as the following funds are not concerned with “Public money” and as sepa rate account books are maintained in the Superintendents’ Offices for the same, entries of receipts in connection with them may be recorded directly in the respective account books and it is not necessary to enter them in the general Cash Book:-

(i) Band Fund. (ii) Sports Fund. (iii) Police Welfare Fund. (iv) Battalion Fund.

(b) There should be only one Book for Police Welfare Fund account and all the transactions of the welfare activities (receipts and debits) should be entered in this Book only. However, there is no objection if separate sub-accounts for different wel fare activities like Poultry Farm, Canteen, Agricultural Produce, Flour Mill, Sewing Centre, Dairy Farm, etc., are maintained by the officers to facilitate knowing the actual receipts and expenditure for a particular welfare activity.

52.8 Arrear Bills

Rule 45 of the Sikkim Financial Rules 1979 may be referred when arrears bills are to be examined.

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52.9 Pension

The grant of pension to all employees including police personnel is regulated by the Sikkim Services (Pension) Rules, 1990 and for employees appointed after 1.4.2006, it is governed by Sikkim Contributory Pension Rules, 2006.

52.10 Travelling Allowances

The grant of Traveling Allowance is regulated by Sikkim Travelling Allowance Rules, 1980.

52.11 Medical Expenses

The medical expenses are regulated by Sikkim Services (Medical Facilities) Rules, 1981.

52.12 Undertaking for Loan/Insurance Subscription etc.

No Head of Office or DDO shall undertake to repay any bank loan or insurance installment etc. through deduction from the salary of police personnel unless the later is confirmed in service. While undertaking to deduct loan/insurance installments, it shall also be ensured that the take-home pay of the employee under no circumstances falls below 50% of his total pay & allowances.

52.13 Stock/Assets Register

(1) All police branches and units shall maintain a stock/assets register as per provisions of the Sikkim Financial Rules and entries therein shall be attested by a Gazetted Officer. The Head of Office concerned shall ensure annual physical verification of the stores and confirm the entries therein every year.

(2) All branches shall also maintain a separate Assets registers for the equipment/articles received under the MPF, FC Grant or any other plan schemes of the Central Government. DDOs shall ensure that the entries therein are reconciled with the records in the Planning & Modernisation branch on a quarterly basis.

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Chapter 53

Police Welfare, Grievance Redressal and Sports

53.1 Introduction

Policemen work in difficult circumstances. The nature of their duties take them away from normal comforts and consolations of family life for long periods. The families of policemen have to undergo several difficulties in matters of health, education, employment etc., due to the uncertainties and unpredictable periods of work for which the policemen are deployed. The policemen are also exposed to both physical and mental stress which takes a heavy toll not only in respect of their health but also their behaviour and conduct. The environment in which they have to work, the persons with whom they come into contact and deal with, exposes them to many undesirable influences and temptations. The rigours of discipline and restriction on channels of expression to which other employees have access, underline the need for a sound and effective welfare programme for the police, apart from a responsive grievance redressal mechanism. Several welfare schemes, mechanism for grievances redressal and sports facilities have, therefore, been instituted for policemen and their families.

53.2 Administration of Welfare Activities

The first supervisory officer of the Armed Police posted at PHQ, whether DIGP, IGP or ADGP shall function as the Welfare Officer to advise and assist the DGP in the implementation of welfare measures for police officers. He will be assisted by as many officers and staff as necessary.

53.3 Functions and Duties of Welfare Officer

(1) The functions and duties of the Welfare Officer shall, inter alia include administration and monitoring of welfare measures for Police personnel, such as :

(a) health care, particularly in respect of chronic and serous ailments, and including post-retirement health care schemes for Police personnel and their dependents;

(b) full and liberal medical assistance to police personnel suffering injury in the course of performance of duty;

(c) financial security for the next of kin of those dying in harness;(d) post-retirement financial security;(e) group housing;(f) education and career counselling and training in appropriate skills for dependents

of police officers;

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(g) appropriate legal facilities of defence of police officers facing court proceedings in matters relating to bonafide discharge of duty.

(h) monitoring of the welfare activities undertaken by various Police units in the state.(i) acquaint members of the force, through concerned heads of office and the unit

heads regarding various welfare schemes of the Government that the police personnel and their family members can avail of under the rules.

(2) A Police Welfare Fund, under the administration and control of the Welfare Officer, shall be created for the welfare activities and programmes for Police personnel, which will have two components:

(a) contributions made by the Police personnel, towards the welfare fund; and (b) outright financial grant by the state.

(3) The Welfare Officer shall, in the performance of his functions, be guided by the norms and policies, laid down by a Welfare Committee and ratified by the Director General of Police. The Managing Committee for the SPWF stated under regulation 53.3 (3) below shall also function as the Welfare Committee.

(4) The Welfare Officer shall also interact with other government departments, public sector undertakings and other organisations to facilitate gainful employment for retired police officers, and for the dependents of police personnel who have laid down their lives in due discharge of their duties.

53.4 Insurance cover, allowances and medical facilities

(1) The State Government may provide insurance coverage for all or specific category or class of Police officers against any injury, disability, or death caused in the course of performance of their duty.

(2) Police officers posted in special wings, such as Counter-Terrorism Operations Units, Bomb Disposal Squads, Commando Groups etc. shall be paid risk allowance commensurate with the risks involved in those duties.

(3) In addition to facilities as may be made available in hospitals for general treatment and specialised services, Police personnel may also be provided with a medical insurance cover that would enable them to keep up the required standards of health and physical fitness.

(4) Facilities for stress management, including psychological counselling, to cope with professional stress shall be given due attention in all police units and establishments

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53.5 Sikkim Police Welfare Fund (SPWF)

(1) The SPWF has been constituted to provide help and relief in cases of distress amongst its members while they are in service or prematurely invalidated out of service on account of prolonged illness and to help the dependents of the members who die while in service. The request for grant of financial assistance will be in the form of loan or ex-gratia payment depending upon the case. No claim however shall be as a matter of right. The authority to sanction the financial assistance shall vest with the President of the Managing Committee.

Note I

The term dependent means and includes :

(a) Widow or widower, if she/he is wholly dependent on the member.(b) Legitimate or legally adopted children below the age of 18 years. (c) Parents, provided that they are wholly dependent on the deceased or any invalidated

member. But sister, brothers, step-children and married daughters do not fall in the definition of dependents for the purpose of these rules.

Note II

On the death of subscriber, the payment of lumpsum financial aid shall be made to the widow or the eldest child, residing with the deceased or to a person who performs the last rite of the deceased, failing any of these to the eldest surviving married daughter. In case none of these dependants are alive, the payment of the financial aid shall be made to the father and failing him to the mother of the deceased.

Note III

Members, who have been discharged/dismissed or who have resigned from the force shall not be eligible for any benefit from this fund.

(2) Membership of the Fund

All GOs including IPS officers and all non-gazetted employees of Sikkim Police/Sikkim Armed Police/IRB/Vigilance Police, excluding the ministerial and accounts staff, working in the department on a regular basis shall be members of the Fund.

(3) Managing Committee

The Fund shall be administered by a Managing Committee consisting of

(a) President - DGP

(b) Vice President - ADGP Hqrs

(c) Secretary - IGP/DIGP, Armed Police

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(d) Treasurer/Cashier - A Sub-Inspector of police nominated by the DGP

(e) Asstt. Treasurer/Cashier - A HC/Constables nominated by DGP

(f) Members - One G.O and one Non G.O each from all branches of Sikkim Police nominated by the branch heads (heads of offices).

The Cashier/Treasurer and Asst. Cashier/Treasurer will be responsible for the day to day working of the Fund and maintenance of the various records and shall function directly under the Secretary of the Fund.

(4) Meeting of the Managing Committee

(a) The Managing Committee will meet twice a year preferably during January and July and examine the administration of the Fund. All matters pertaining to the administration of the Fund collection of subscription and investment of money shall be discussed and decisions taken in the meeting.

(b) The Secretary of the Fund will present the accounts of Income and Expenditure of the Fund and any other information as may be called for during the meeting.

(c) The proceedings of the meeting will be recorded and the minutes circulated to all branch heads for the information of the subscribers.

(5) Source of Income

The Fund shall have following sources of income:

(i) Subscriptions made by all the members of the Sikkim Police Force working in the department; rates will be prescribed by the Management Committee.

(ii) Matching contribution received from the State Government.

(iii) Hire charges of Police Conference Hall.

(iv) Sale proceeds of cartridges subject to approval of Government.

(v) Specific funds received from individual agencies and Government for the purpose.

(vi) Interest accrued from Saving Account Fund.

(vii) Sale proceeds of brass empties as laid down by the Government vide notification No. 40/Home/92 dated 18/9/91.

(viii) All sums paid into the fund under these rules shall be credited to the Savings account in the State Bank of Sikkim.

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(6) Loan/Advance from the Fund

The Secretary may sanction loans/advances for the following purposes according to scale prescribed by the Managing Committee from time to time :

(a) To pay expenses in connection with illness of the contributor and of members of his family or any person actually dependent on him.

(b) Assistance in purchase of books and school uniform of his children.

(c) Repair of house damaged by flood, cyclone or other natural calamities.

(d) Any other contingency expenditure considered essential depending upon the merit of the case.

(7) Amount of Loan/Advance

(a) The maximum amount of loan that may be granted to entitled Police personnel shall be as laid down by the Managing Committee from time to time.

(b) An advance shall not ordinarily be sanctioned unless the outstanding balance in respect of an advance previously granted has been fully repaid and no dues certificate from concerned DDO is produced and verified by the PWF Cashier from Ledger Account.

(c) Application for loan must be applied for in.

(8) Educational Scholarship

Welfare Fund may be used for award of scholarship to meritorious children of Police officers and men studying from class IV to class XII as per scale laid down by the Managing Committee.

(9) Retirement benefits:

At the time of retirement on superannuation all police officers and men will be given a lumpsum amount as fixed by the Managing Committee from time to time and a suitable memento from the account of the welfare fund. A lesser lumpsum amount as fixed by the Committee will also be paid to police personnel who proceed on voluntary retirement.

(10) Imprest/Revolving Fund

(a) A revolving fund shall be paid out of the SPWF at the discretion of DGP according to the strength of the police force in each Branch/District to be placed at the disposal of the each Head of Office. The Head of office shall operate the fund in accordance with the SPWF rules and sanction loans/advances upto such amounts as may be

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fixed by the Managing Committee. He shall be responsible for recoupement of the advances granted from the fund. He shall open a saving Bank account and maintain proper books of account as prescribed in the SPWF rules.

(b) Quarterly Income and Expenditure statement will be submitted by the Branch Heads who operate the Revolving Fund to the Secretary of the Welfare Fund in the prescribed Proforma

(11) Sanctioning Authorities

Sanctioning authorities for the purpose of this fund means the D.G.P. However, for efficient and smooth functioning of the fund the following delegation of powers are made:

Sl. No. Nature of Fund Sanctioning authorities

1. SPWF IGP/AP or DIGP/AP acting as the Welfare Officer

2. Revolving/Imprest Branch Heads to whom imprest fund is Granted

(12) Ex-Gratia

Ex-gratia payment of amount as fixed by the Managing Committee from time to time shall be made in case of death of a member from the additional monthly contributions made by the members of the Police force. A token ex-gratia payment may also be made in case of damages due to natural calamities.

(13) Recovery of loan/advance

(a) The recovery shall be made, at source in not more than ten equal monthly installment. The recovery shall commence with the 1st disbursement of monthly pay or subsistence allowance, as the case may be, following the month in which loan is disbursed. In the event of death/dismissal/resignation from service, the balance shall be recovered in one Lumpsum amount from payments receivable by the loanee from Government.

(b) A copy of the transfer order issued by different branches shall be forwarded to the secretary of the Fund for his record and reference.

(c) Every drawing and disbursing officer of the Police Department shall indicate, in the last pay certificate, the balance amount of advance to be recovered from the subscriber.

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(14) Power to write off

The DGP shall be fully competent to write off any amount not recoverable for any reason on the recommendation of the Managing Committee.

(15) Accountability and Books of A/C

(i) The Secretary of the Fund shall be responsible for overall management, accountability and proper functioning of the Sikkim Police Welfare Fund in the Department and all Branch Heads to whom revolving fund is sanctioned.

(ii) The Hony. Treasurer and the Cashier/Asstt. Cashier appointed as above shall maintain the following:

(a) Cash Book(b) Cheque Receipt Register(c) Cheque Issue Register(d) Individual Loan Account Register (e) Monthly Reconciliation of Accounts(f) Vouchers and payment record with intimation to authorities

(iii) Audit Reports

(a) The accounts of the fund will be audited by an Account Officer of the department nominated by DGP once a year. The audited report of the Accounts Officer will be presented in the Managing Committee meeting by the Secretary of the Police Family Welfare Fund.

(b) The DGP at his discretion may appoint an auditor or request the Accountant General for periodical audit of the PWF accounts.

(iv) Honorarium The Cashier/Treasurer and Asst. Cashier/Treasurer of the fund will be paid monthly honorarium at rates as may be fixed by the Managing Committee.

(v) Interpretation of RulesIf any question arises relation to the interpretation of these rules, it shall be referred to the Director General of Police whose decision thereon shall be final.

(16) Other benefits/schemes

1. In addition to the mentioned welfare measures, the Government has introduced various other benefits/schemes for the police personnel and their families as stated below. The disbursal of benefits granted under these Government schemes are also overseen by the Welfare Officer.

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2. Ex-Gratia Payments

Under the provisions of Office Memorandum No. 51/4248/GEN/DOP dated 20/02/1990, the following ex-gratia compensation payment would be made to the family of the deceased Government servant:

(a) In the event of death due to unnatural causes when a Government servant was not actually performing duty, an ex-gratia compensation payment not exceeding Rs. 50,000/- will be paid.

(b) In the event of death of a Government servant as a result of contraction of diseases attributable to the performance of his professional duty, an ex-gratia compensation not exceeding Rs. 1 lakh will be paid, whether the death has taken place while on duty or not.

(c) In the event of an unnatural death of a Government servant while actually performing duty, an ex-gratia compensation payment of Rs. 1 lakh will be paid.

(d) In the event of death of a Government servant while performing his duty due to terrorist or extremist activities or due to violence, an ex-gratia compensation payment of Rs 3 lakh will be paid.

NB: The amounts are subject to review by the Government from time to time.

53.6 Group Savings Linked Insurance SchemeLIC of India established under section 3 of the Life Insurance Corporation Act, 1956 commenced a Group Savings Linked Insurance Scheme for Sikkim Police w.e.f. 07/05/1992. Confirmed police personnel above 18 years of age are eligible to join the scheme.

53.7 Sikkim Government Employees Group Insurance SchemeThis “Scheme” introduced by the Sikkim Government is intended to provide for its Employees at a low cost and on a wholly contributory and self financing basis, the twin benefits of an Insurance cover to help their families in the event of death in service and lumpsum payment to augment their resources on retirement.

53.8 Sikkim Police Consumer’s Cooperative Society LimitedSikkim Police Consumer’s Cooperative Society is a body registered under Sikkim Consumer’s Society Act, 1978 vide registration No. N/E-37 of 1994. The Society consists of the officers and men of various branches of Civil Police as members/shareholders and is run by a management committee headed by Additional Director General of Police/Headquarters with IGP Armed Police as its Secretary. The society came into existence in the year 1994 with the sole objective of running a provision goods canteen for the welfare of members of the force. The Annual General Meeting of the society is held every year (on completion of the financial

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year) after an independent audit is conducted by the officials of Department of Co-operation, Government of Sikkim. The members of the managing committee are selected through an election held during the AGM. The Armed Police Battalion have also constituted a similar society for the benefit of armed police personnel.

53.9 Subsidiary Police CanteenThe Central Police Canteen system set up by the Government of India, MHA for the CPMFs in 2006 has been extended to the State Police Forces also. Accordingly, the Government has approved the establishment of a “Subsidiary Police Canteen” in the State Police (at SAP, Pangthang to start with and the State Police Lines, Gangtok as soon as the Composite building is constructed) to provide household etc. items at cheap rates to the serving and retired police personnel.

53.10 Grievance Redressal (1) Individual as well as collective grievances of Police personnel shall be freely

received by unit heads and channelled upwards to the concerned Superintendent of Police (Head of office) for redressal. Police personnel may also directly submit their grievances to the concerned SP during his visits to the unit or at Sampark Sabhas or in his office. A day of the week should be fixed by all heads of offices for Orderly Room. They should, however, be accessible on other working days as well to receive individual grievances. Gist of the grievance and action taken shall be entered in a register maintained as per Form 6 & 7 as stated under chapter ‘State Reserve Lines’.

(2) In case the grievance cannot be redressed at the level of the Superintendent of Police the same shall be forwarded to the concerned ADGP/IGP heading the branch or the DGP with comments. The branch head or the DGP, as the case may be, shall take necessary steps to redress the grievance under intimation to the Superintendent of Police concerned.

(3) Police personnel may also directly submit their grievances to the DGP. In such cases the Staff Officer to DGP shall enter the gist of the grievance in the orderly room register and put up the same to DGP when the aggrieved officer meets him.

(4) It shall be incumbent on the part of officers to ascertain the problem of the personnel working under them and solve them as per norms and with sympathy and understanding.

(5) In every case the officer representing shall be informed of the action taken on his grievance either by a letter or by allowing him access to the relevant entry in the orderly room register.

(6) The grievances that cannot be redressed by the above said mechanism shall be consolidated by the welfare officer (IGP/Armed Police) on annual basis and forwarded to the DGP for consideration by the State Police Board, which in turn shall make appropriate recommendations to the State Government for remedial measures.

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(7) The IGP, Armed Police, as the welfare officer, shall also make an analysis of the grievances, their causes and their impact on the morale and efficiency of the Police personnel on an annual basis and shall put up the same to the DGP for inclusion in the annual report of the State Police Board.

53.11 Sikkim Police Sports Fund(1) Sikkim Police Sports Fund is also managed by IG/AP or DIG/AP who is designated

as the State Police Sports Officer. The Sports Fund is intended to promote sporting excellence amongst members of Sikkim Police, conduct of tournaments related to various games and sports and purchase of sports equipments for various units based on demand and performance. All members of Sikkim Police contribute monthly towards the sports fund at subscription rates as prescribed by the Managing Committee constituted for the SPWF.

(2) Salient features of Sikkim Police Sports Fund. A) Contribution to All India Police Sports Fund shall be met from the Police

Sports Fund.

B) The annual grant to a unit shall not exceed 50% of its total annual contribution.

C) A portion of the available funds may be put in fixed deposits for income generation. The Sports officer shall decide the amounts of further FDs and withdrawals at the end of every financial year/maturity.

D) 50% of the prize money won by any police team sponsored by State Police shall be credited to the sports fund.

E) All Units receiving money from the sports fund shall submit utilization certificate duly supported by vouchers within one month of the receipt of the fund.

F) The fund shall be subjected to Annual Internal Auditing by CAO/PHQ.

G) The amount of grant and sanction of other ancillary expenditure for State Police Team’s participation at National, Zonal and other equivalent meets shall be at the discretion of the DGP.

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Chapter 54

Conduct and Discipline

54.1 Introduction An organisation like the police and its personnel must, at all times, exhibit high

standard of official and personnel conduct and must maintain prescribed norms of discipline under all circumstances. Members of the Indian Police Service are governed by the All India Services (Conduct) Rules, 1968. State police officers and personnel are governed by the provisions of the Sikkim Government Servants’ Conduct Rules, 1981 and the rules of conduct stated under the Sikkim Police Act, 2008 and this manual.

54.2 Conduct Rules(1) Members of the Indian Police Service are governed by the All India Services (Conduct)

Rules, 1968 which may be referred to for details and executive instructions issued under these by the Government of India.

(2) Officers of the State Police are governed by the Sikkim Government Servants’ Conduct Rules, 1981. For details the relevant rules and Government orders issued in this regard may be referred to.

(3) The rules and norms of personnel and official behaviour to be observed by police officers of all ranks while on or off duty are enumerated below. The performance of every officer whether for recognition or for disciplinary action shall be judged on the basis of these principles :

1. Conduct Prohibited for Police Officers: (i) No Police Officer shall withdraw himself from duties of his office unless expressly

allowed to do by the competent authority.(ii) No Police officer shall resign his office unless, he has given notice in writing to his

superior officer of not less than one month and it has been accepted as per the rules prescribed by the State Government for its employees.

(iii) No Police Officer shall engage in activity of any other office unless expressly permitted to do so in writing by the Director General of Police or an officer authorized by him.

(Ref: Section 64 of the Sikkim Police Act, 2008)

2. Police Officer not to abdicate duty without proper authorization : No Police Officer shall abdicate his duties or withdraw himself from his place of posting or deployment without proper authorization.

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Explanation: An officer who, being absent on authorized leave fails without reasonable cause to report for duty at the expiration of such leave, shall be deemed within the meaning of this section to withdraw himself from the duties of his office.

(Ref: Section 129 of the Sikkim Police Act, 2008)

3. Police Officer not to engage in employment or office of profit: No Police Officer shall engage in any employment or office of profit whatsoever,

other than his duties under this Act unless expressly permitted to do so in writing by the Central or State Government in case of Indian Police Service and State Police Service officers respectively and the Director General of Police in every other case. Participation in sports activities, undertaking of honorary work of a social or charitable nature or occasional work of literary, artistic or scientific character or any examinership offered by the Union and State Public Service Commissions etc. will not violate the provisions of the said restrictions.

(Ref: Section 130 of the Sikkim Police Act, 2008)

4. Prohibition of certain practices: No Police officer shall join or be a member of any association or participate in the

activities of such association which has an objective of, or which aims at collective negotiation, on matters relating to the Police service.

(Ref: Section 122 of the Sikkim Police Act, 2008)

5. Conduct in performance of duties:(1) Every Police Officer shall at all times maintain absolute integrity and devotion to

duty and shall do nothing which is unbecoming of a police officer.(2) No police officer shall in the performance of his duties or in exercise of the powers

conferred on him :(a) act otherwise than in his best judgment except when he is acting under the direction

of his superior official and shall obtain such direction in writing wherever practicable and where it is not practicable, shall obtain written confirmation as soon thereafter as possible.

(b) evade the responsibility devolving legitimately on him and seek instruction from, or approval of a superior authority when such instruction or approval is not necessary in the scheme of distribution of powers and responsibilities.

6. Consumption of Intoxicating Drinks and Drugs: No police officer shall, while on duty be under the influence of intoxicating drinks

or drugs or habitually use intoxicating drinks or drugs or consume intoxicating drinks or drugs in public place except on occasions such as social functions and festivities.

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7. Politics and election: No police officer shall take part in any movement or activity tending directly or

indirectly to excite dissatisfaction against or to embarrass the government as by law established or to promote feelings of hatred or enmity between different classes of subjects of the Indian Union or to disturb the public peace.

8. Joining of Association: No Police Officer shall: (a) join or be a member or participate in the activities of any Association the objects or

activities of which are prejudicial to the interests of the sovereignty and integrity of India or public order or morality or which has an objective or which aims at collective negotiation on matters relating to the Police service.

(b) pay or contribute towards the expenses of any trade union.(c) be a member of or be associated in anyway with, any trade union, labour

union, political association or with any class of trade unions, labour unions or political associations.

(d) be a member of, or be associated in anyway with, any other society, institution, association or organisation that is not recognised as part of the Force of which he is a member or is not of a purely social or recreational or religious nature.

(e) participate in or address any meeting or take part in any demonstration organised by any body of persons for any political or other purposes.

9. Police officers not to participate in strike: No police officer should engage in any strike or similar activities which include commission or omission involving a deliberate intention to compel his superior officers or Gov ernment to do something and shall include any demonstrative fast usually called “Hunger Strike” for similar purposes.

10. Criticism of Government: A. No Police Officer shall in any TV/Radio broadcast or in any document published

in his own name or anonymously or pseudonymously, or in the name of any other person or in any communication to the press or in any public utterance make any statement of fact or opinion which has effect of any adverse criticism of any current or recent policy or action of the State or Central Government. However, this shall not be applicable to the statements made or view expressed by a police officer in his official capacity or in the due performance of the duties assigned to him.

B. Connection with the press, Radio or television: Police officers should not engage themselves in the activities of broadcasting on radio, telecasting on a TV or contributing articles to the press, except of a purely literary, artistic or scientific character. A Police officer who is invited or who wishes to deliver a broadcast or televised talk should intimate the Director General of Police through proper

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channel, the subject on which he proposes to talk and if it is on the subject directly or indirectly connected with his official duties, or if so required, shall submit the full text of the talk for his approval before it is delivered. All police officers, specifically authorized to do so, shall extend cooperation to members of the news media, consistent with the department’s policy, instructions and guidelines, provided the investigation or prosecution of any case or matter under enquiry/investigation is not jeopardized.

C. Publication of books: A police officer is not required to obtain the sanction of the competent authority for publishing a book etc., on a purely literary, artistic or scientific subject. However, he has to obtain the sanction of the prescribed authority for accepting any remuneration for the work from a source other than the consolidated fund. The competent authority may also decide whether any portion of such remuneration received by a police officer should be credited to the Government account.

D. Advertisements: Except with the prior sanction of the Government, officers shall not endorse or subscribe to any testimonial or advertisement or any commodity or commercial enterprise, nor shall they permit their name or photograph to be used for advertising purposes, if such endorsement, testimonial or advertising implies that they are acting as an official representative of the Department. In no case shall any testimonial or endorsement have the photograph of the officer while the officer is wearing any part of his official uniform or while the officer is on duty.

E. Association of police officers’ name with public institutions: The association of the names of serving police officers with public institutions or works, such as libraries, hospitals, schools, roads, buildings, etc., is prohibited. Similarly, police officers are prohibited from associating their names with such objects as shields, trophies, prizes, medals and cups. In exceptional circumstances and in the case of retired police officers, prior sanction of the government should be obtained.

11. Unauthorised communication of information: No Police Officer shall, except in accordance with the general order of the Government or in the performance of the duties assigned to him, communicate, directly or indirectly to any person, or the media, contents of any official document or any other information which has come into his possession in the course of his public duties.

12. Subscriptions: No Police Officer shall, except with the previous sanction of the government ask for, or accept, or otherwise associate himself with the raising of any funds or other collections in cash or kind in pursuance of any object except the police departments’ own subscriptions for welfare, or sports etc.

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13. (A) Receiving gifts: Save as otherwise provided in the rule, no police officer shall, except with the previous sanction of the Government, accept or permit any member of his family or any other person on his behalf to accept any gift.

(B) Receipt of rewards from public: Police officers are forbidden from receiving any kind of ‘bhakshis’, rewards or gratification from members of the public, including for services rendered in the line of duty except such payments as are authorized by law.

14. Public functions in honour of police officers: No police officer shall, except with the previous sanction of the Government, attend any public function in his honour except at the time of retirement from active service, designed as an acknowledgement of acts done by him while in the service of Government.

15. Private trade or employment: No police officer shall, except with the previous sanction of the Government, engage, directly or indirectly, in any trade or business or use his position to help such trade or business. However, police officer may take work of honorary or occasional work of literary, artistic or scientific character subject to his official duties not suffering thereby. The appointing authority may at its discretion forbid the police officer to undertake such works if it is of the opinion that it is undesirable or is interfering with the police officer’s duties.

16. Lending and borrowing: If a police officer wants to take a loan from any society or other source, other than a registered bank, he must inform the State Govt. in case of gazetted officers and the Director General in respect of other police officers. The prohibition as regards the lending and borrowing of money prescribed in the respective Rules applies to all loans, credits, advances, supply of articles or accommodation at unduly low rates, or for insufficient consideration and to sales of property for exorbitant prices. The fact that a police officer lending money is acting as an executor, administrator, or as a trustee without profit or advantage to himself, in no way affects the prohibition.

17. Insolvency and habitual indebtedness: If a police officer is adjudged or declared insolvent or has incurred debt aggregating to a sum which in ordinary circumstances he could not repay within a reasonable period or if a part of his salary is frequently attached for debt or has been continuously so attached for a long period or is attached for a sum which, in ordinary circumstances, he could not repay within a reasonable period, he may, unless he proves that the insolvency or indebtedness is the result of circumstances which, with the exercise of ordinary diligence, he could not have foreseen or over which he had no control and has not proceeded from extravagant or dissipated habits, be presumed to have contravened the provisions of conduct rules.

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18. A. Movable, immovable and valuable property: The restrictions imposed by the conduct rules on the acquisition of immovable property by purchasing or taking it as a gift, apply equally to all the circumstances, the prices offered or demanded and in the case of disposal by sale or otherwise the method of disposal etc., should be furnished while seeking sanction contemplated in the rules.

B. Financial transactions: When a police officer purchases any moveable or immovable property exceeding the amounts specified by the appropriate Governments from time to time or for the construction or extension of a house, he shall report it to the prescribed authority and wherever required, prior sanction should be obtained.

C. Purchase of Properties in auction: Except with the sanction of the Government, no Police Officer shall purchase, directly or indirectly in a sale by auction or otherwise conducted by or under the orders of the Police Department, or by court any immovable or movable property, owned or confiscated by Government. Police Personnel are permitted to participate in the auctions conducted by the Police Department without obtaining the prior permission of the competent authority if (a) very wide publicity is given to the auction to ensure that large number of public become aware of the auction; (b) the sale of articles in the auction is confirmed by the Director-General of Police and (c) there should be no attempt to exclude members of public from participating in the auction.

19. Return of immovable property: By the 31st January of each year, a report in the prescribed form of his immovable property (also movable if so specified by the appropriate Government) should be prepared by every police officer and sent directly to the prescribed authority in accordance with the rules and provisions made in this regard.

20. Vindication of acts and character of police officers: No police officer should, except with the previous sanction of the Government, accept from any person or body of persons, compensation of any kind for any malicious prosecution brought against him or for any defamatory attack made on his public acts or character, unless such compensation has been awarded by a competent court.

21. Canvassing of non-official or other outside influence: No police officer shall bring or attempt to bring political or other influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service.

22. Restriction regarding marriage: No police officer shall enter into, or contract, a marriage with a person having a spouse living, and no police officer having a spouse living shall enter into or contract marriage with any person save with the prior permission of the Government in writing.

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23. Employment of child labour: No police officer shall employ any child below the age of 14 years for domestic work or otherwise.

24. Prohibition of sexual harassment of working women: No police officer shall indulge in any act of sexual harassment of any women at her work place and should take steps to stop such harassment.

25. Restriction of rights of police officers: The Police Forces (Restriction of Rights) Act is applicable to all the police officers.

26. Religious activities: Though the police officers are entitled in their private lives to freely practice any religion, they should so conduct themselves in public as to leave no room for an impression to arise that they are likely in their official dealings to favour persons belonging to any particular religion. Participation in proselytizing activities or direct or indirect use of official position or influence in such activities by a police officer is strictly prohibited.

27. Prompt attention to and disposal of complaints from the public: Police officers shall be prompt and efficient in the disposal of complaints and grievances of the public.

28. Tending evidence: While giving evidence and on every other occasion, a police officer should speak the truth, the whole truth and nothing but the truth. He must not be swayed by any desire to assert his own importance or to secure a conviction or an acquittal by any other temptations. When repeating a conversation or statement, he should not exaggerate, misrepresent or suppress any part of it.

29. Behaviour of station house officers and the staff: Continuous efforts should be made to improve the relation between the force and the public by Station House Officers. Torture or use of unauthorised force in any form should be strictly avoided.

30. Visitors to residences: Police officers should discourage visits of private persons who have any dealing directly or indirectly with their official work, to their residences and should not deal with official monetary trans actions with them in their residences.

31. Courteous behaviour: Every police officer must constantly remember that he is a servant of the public and is, therefore under an obligation to behave with proper courtesy towards them.

32. Police officers’ behaviour while on duty: It is improper for police officers on duty in uniform to take alcoholic drinks, smoke, chew pan etc. in public. Such actions create an unfavourable impression in the minds of the public who cannot distinguish whether such men are on or off duty at that time. While on duty in plain clothes, the police officers should carry with them identification cards for being shown when required.

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33. Neglect of family members: Police officers should maintain a decent standard of conduct even in their private lives and should not neglect to take proper care of their wife and children. Disregard by them of obligations towards their family members tend to injure their reputation and thereby undermine the trust and confidence which the public repose in them.

34. Knowledge of, and Compliance with Laws and Rules: The Police officers should acquire and maintain a working knowledge of the Constitution of India, Central, State and local laws relating to police work and the orders, procedures and policies of the Sikkim Police and all its wings. They should in letter and spirit comply with and obey various rules and regulations while on or off duty.

35. Reporting activities of criminals: All Police Officers should keep the superior officers informed about information relating to any offence or of any criminal or unlawful activity or about any suspect that come to their notice.

36. Leaving the jurisdiction: While on duty, no officer will leave his place of work station/Headquarters without permission of a superior except in the immediate pursuit of a person to be arrested or recovery of stolen property or preservation of evidence.

37. Off duty conduct:

(A) While off duty, the police officer shall conduct himself as though he was on duty as police officer by law and is expected to be on duty 24 hours.

(B) A police officer may act in his official capacity while off duty, if he comes to know of an incident which requires immediate action by police and time is of essence to safeguard life or property. Such police officer should give a report in writing at the earliest to his superior officer and the concerned police station, on the action taken by him.

(C) A police officer may carry firearms issued to him while off duty, only if he is unable to return the weapon issued to him or unless he has been otherwise permitted to retain such weapon for his safety or any other specified reason. The police constables and other officers to whom fire-arms are issued should, before going off duty, deposit the weapons in the concerned unit. The revolvers, pistols and other similar small arms issued to officers of rank of SI and above may be retained, if they feel it necessary to keep them. They should, however, make an entry of the fact in the concerned record. The arms issued must be returned to the unit on transfer unless specifically permitted. The private licenced weapons should not be used while on duty.

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38. Tampering of Police Records: Officers shall not alter, forge or tamper with any police record, report, case diary or other departmental/official documents. They shall also not make any false official reports or knowingly enter or cause to be entered into any police records or reports any inaccurate, false, improper or irrelevant information.

39. Use of Reports, Records and Communications of the Police Department: Every police officer shall ensure that various records maintained by the department are used only for authorized purposes. No information contained in their records or in any other official communication should be communicated to any unauthorized person.

40. Removal of Records: No departmental record (whether kept on paper or electronically) or file shall be removed from the building or office without the written permission of the competent authority, nor shall any departmental record be copied for any purpose without the permission of the competent authority or as provided by law or standing instructions. The officers, on their transfer, should hand over all records to his relieving officer forthwith and shall not keep any file or record with them except the handing over lists of files and properties. Any violation of this will attract disciplinary action. The relieving officer, in the event of the relieved officer not handing over records as per rules, shall make an inventory of all records, property and all other material as available in the concerned office and forthwith intimate the fact to his next superior in writing, enclosing a copy of the inventory. If he fails to do so, the responsibility for non-availability or loss or misuse of any items shall be on him.

41. Standing Surety by police personnel: Save in the case of dependent family members no police officer shall stand surety for a person accused of an offence without the prior permission of the concerned district Superintendent of Police or the DGP.

42. Informing the superior: A police officer should keep his immediate superior officer informed of any enquiry/investigation against a police officer, magistrate/judge, prosecutor or member of an elected body.

43. Issue of Certificates of character and work: (A) No police officer shall grant in his personal capacity any certificate of conduct or

character to any person other than his subordinates. (B) No certificate regarding the work of any subordinate shall be granted by any police

officer below the rank of a police officer who is in charge of the maintenance of the personal file of the subordinate concerned, and such certificate shall conform to and be consistent with the entries in his personal file.

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(C) No police officer shall suggest, recommend or otherwise promote the services of an advocate, surety, transport or other agencies, contractors, vendors, suppliers, physician or other service to any person with whom he has official contact. They shall not recommend any person or business to any local Authority, State or Central agency regarding the issuance, revocation or suspension of any license or permit except in discharge of official duty.

44. Petition to the Government: (A) Government servants seeking redressal of their grievances arising out of their

employment or conditions of the service should, in their own interest and also consistent with official propriety and discipline, first exhaust the normal official channel of redressal before they take recourse to a court of law.

(B) Whenever, a government servant asks for permission to sue the government in a court of law for the redressal of his grievances, either before exhausting the normal official channels of redress or after exhausting them, he may be informed that such permission is not necessary and that, if he decides to have recourse to a court of law, he may do so on his own responsibility.

45. Transfers to posts and places where there is embarrassment of Interest: When a Police Officer is appointed or transferred to a place or post of such nature as would embarrass or influence him in the discharge of his official duties or involve him in the breach of any of the above provisions, or possesses, or has interest, in any immovable property, he shall forthwith report the fact to his immediate superior officer.

46. Competent Authority: In respect of Police Officers serving on deputation either under the Central Government or any State Government, the appropriate Government under which the Police Officer is serving shall be deemed to be the Government.

47. For detailed clarification, the All India Services Conduct Rules 1968 for members of IPS and the Sikkim Government Servants’ Conduct Rules, 1981 for members of Sikkim Police should be referred.

48. The above norms for police officers are applicable to all ranks in the police. 54.3 Salutes and official greetings (1) A salute is the military and police method of greeting superiors and not a servile

act. It is an outward sign of inward spirit of discipline and respect for superior. The unity and discipline of a force are indicated by the manner in which the men salute and the officers return it.

(2) Failure to salute shows disrespect, idleness and a low standard of discipline. Failure by an officer in uniform to insist on being saluted is a breach of discipline.

(3) A subordinate officer will always salute a superior officer first. It is good manners for a junior officer to salute a senior officer, when they meet, though they may be of the same rank.

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(4) Any police officer who is saluted will smartly acknowledge the salute. It is bad manners to acknowledge a salute by raising a stick or by an indifferent gesture of the hand or with the disengaged hand in the trouser pocket. Officers returning the salute of subordinates must regard it not as a matter of condescension but as a bounden duty.

(5) The salute will be given and returned with the right hand. Where, however, a salute with the right hand is impossible through physical incapacity, he will stand to attention.

(6) When a police officer in civilian clothes meets another police officer to whom a salute is due, he should smartly come to attention.

(7) When a police officer in civilian clothes meets a person other than a police officer to whom a salute is due, he should greet him in the traditional Indian style “Namaste”.

(8) When a police officer who is in civilian clothes receives a salute, he should acknowl-edge with appropriate greeting or order.

(9) Police officers should salute when passing, addressing or being addressed by police officers, senior to them in rank, whether in uniform or in plain clothes.

(10) Subordinate police officers in uniform should salute all gazetted officers of the Gov-ernment and commissioned officers in uniform of the armed forces of the union, when addressing them or being spoken to by them.

(11) Subordinate police officers in uniform should salute all the magistrates, when the latter are on magisterial duty.

(12) If the nature of the duty such as regulating traffic, VIP duty or other special circumstances make it undesirable, a police officer will not be required to salute unless spoken to by a person entitled to be saluted.

(13) When a senior officer enters a room in a police station or class room, the men in the room will stand to attention until they are told to resume their seats or occupation. The senior officer present will call the men to attention; otherwise, the first man who observes any senior officer entering a room should give notice to the others by calling them to attention.

(14) When two or more officers are together, the senior only, whether in uniform or not, will return the salute.

(15) Officers or men passing the troops with uncased standards, guidens or colours will salute except when they are carried by units forming part of the escort at a military/police funeral.

(16) Cased standards, guidens and colours will not be saluted.(17) Officers, men and colours, passing a military/police funeral will salute the bier.

When two or more officers are standing at a group or in a line, the senior- most of them will salute after calling the others to attention.

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(18) When appearing in a conference or assembly of superior officers, only the senior most officer will be saluted. It is incorrect to salute in turn other officers.

(19) An officer in uniform, wearing a headdress and appearing in an office or orderly room before a senior officer, will salute, retain his head-dress and stand to attention unless he is asked to sit down. On being asked to sit down, he should remove his head-dress.

(20) All officers and constables will salute the court (the Magistrate or Judge) on entering the Court room.

(21) When wearing western style civilian dress, it is etiquette and good manners to remove the head-dress before entering the room of a superior officer or a dwelling place of any kind.

(22) When a senior officer comes to a function accompanied by a lady, the officer will be greeted first if the function is an official parade and the officer is to be the reviewing officer. Otherwise, on all other occasions the lady will be greeted first.

(23) When officers are in a body apart from the parade, all of them will salute independently on the approach of a superior officer. If, however, they are on an official parade, they will be called to attention by the senior-most officer among them who alone will salute.

(24) When a senior officer arrives on parade, he is greeted by the parade commander who calls the parade to attention and salute. It is not necessary for an officer on the parade to salute when the senior officer is going round to inspect the parade unless addressed by him or having occasion to address him.

(25) If the senior officer arrives after the parade has started, the parade will not be called to attention. The parade commander will himself salute the superior officer and obtain instructions from him.

(26) When the superior officer goes round the parade ground, the sub-unit commanders only will salute, if they are not engaged in instructing their squads. They will otherwise continue without diverting their attention to greet the officer. If, however, the superior addresses any squad commander, the latter will immediately stop his instructions, bring his squad to attention, and will himself salute. After having done with the superior officer, he will proceed with his squad in accordance with the programme.

(27) When at a ceremonial parade the command ‘National Salute- Present Arms’ is given, and the national anthem is not played, all police officers present but not on parade will stand to attention until the order ‘Slope Arms’ is given. When, however the national anthem is played all officers not on parade except those officers attending or accompanying the personage taking the salute, will salute.

(28) All those who are not wearing uniform will stand to attention when the national anthem is played. Those wearing hats will doff them.

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(29) The following orders should be observed when the national anthem is played:(a) While on parade, all officers of the rank of Assistant Sub-Inspector and above will

salute, and the men will come to attention. This does not apply to ceremonial parade when men will present arms.

(b) While on the move, the party commander will halt the party and will salute, whereas the rest of the men will remain at attention.

(c) If standing in an organised party, the salute will be given only by the officer of the rank of Assistant Sub-Inspector and above, except that a Head Constable will salute, if he is in charge of a party and the others will come to attention.

(d) All ranks wearing civilian dress will stand to attention.(e) All sentries on duty will slope arms.(f) All officers carrying a drawn sword will remain at the carry.(g) When police are posted for street lining on public occasions such as VVIP visits

instructions given at the police briefing should be followed: - Gazetted police officers will, however, salute the VIP and other members of the party.

(h) A police officer in uniform should preferably salute. It is not appropriate to do ‘Namaste’ while in uniform.

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Chapter 55

Rewards

55.1 Introduction

(1) In an organisation like police an element of risk and danger is always present in the job performance. Motivation, therefore, plays a significant role in the professional life of policemen. Provision for giving rewards for exceptional and commendable performance has to be naturally an integral part of the overall police functioning. Rewards for such a performance are given to the subordinate ranks, senior officers and even to the public. Such rewards can be given by the senior officers to the juniors and to the public as per provisions made in this regard by the Government for money rewards for –

(i) Exceptional and commendable performance in providing valuable information, investigation, arrest, handling of law and order, VIP visits, ceremonial functions, or any other police work;

(ii) Re-capture of prisoners escaped from jails. Rewards for such act will ordinarily be given by the Jail administration;

(iii) Rewards for apprehension of deserters from the Army are granted by the military authorities, but are not given in cases where the deserter surrenders himself;

(iv) Saving life and property during fires, natural calamities etc.

55.2 Classification

Such rewards can be of the following categories:

(1) Cash Rewards(2) Appreciation/Commendation letters(3) Commendation certificates(4) State Government Awards(5) Rewards by Central Government(6) Medals(7) Other rewards

55.3 Monetary Rewards

Monetary Rewards within the sanctioning powers of the officers and commendation certificates in Form 164 may be granted to subordinate police officers below the rank of Inspector and private individuals in deserving cases for exceptional and commendable performance. These rewards, in particular monetary rewards, should

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not be given in a routine matter lest they loose their motivation value. A copy of the order shall be placed in the personal file of the rewardees and necessary entries made in their service records. Officers of the rank of Inspector of Police and above would be given Appreciation/Commendation letters. However, police officers of all ranks are eligible for money rewards offered by the Government and by Courts.

55.4 Appreciation/Commendation letters

An appreciation or commendation letter may be issued to a superior police officer to place on record any work of outstanding merit. Such a letter will be issued in the form of a demi-official letter and will be signed by the Chief Secretary/Home Secretary or the Director General of Police. Appreciation letters may also be issued by the branch head in respect of their officers of the rank of Inspector and above for exceptional and commendable performance. A copy of such letters will be placed in the personal file of the police officer.

55.5 No direct and private rewards

Police Officers should under no circumstances, accept rewards direct from any other source. All sums of money tendered by private persons or corporate bodies, or offered by other departments or other States should be received by the concerned Superintendents of Police after satisfying themselves that they are given voluntarily, and shall be distributed as per orders of the Government. In case orders of the Government are likely to be delayed the money received shall be deposited in the State Bank of Sikkim under the Police revenue head ‘0055 – Police’.

55.6 No delay in giving rewards

Rewards of whatever nature, whether for services in aid of public justice or for the capture of escaped convicts, or in encouragement of acts of humanity and courage, should be granted and disbursed as speedily as possible. Rewards in connection with cases brought to trial should be granted only after conviction and on the expiry of the time limit for appeals or revisions against such conviction, or in any such event, only after their disposal. All recommendations for grant of rewards should be submitted to the sanctioning authority and should at every stage be treated confidential.

55.7 Sanctioning powers of officers

The financial powers of officers to grant rewards shall be as prescribed by the State Government from time to time

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55.8 Recapture of prisoners escaped from jails and lock-upsRewards for the recapture of prisoners escaping from Jails will ordinarily be given by the Prisons Department. Recommendation rolls applying for reward for the recapture of prisoners escaped from Jails should be sent to the Superintendent of the Jail concerned for transmission to the appropriate authority explaining the part played by the police officers in the recapture of the prisoner and justifying how the police officers recommended deserve the reward.

55.9 Rewards for capturing desertersRewards are granted by the Military authorities for the apprehension of deserters from the Army, but they will not be given in a case in which the deserter surrenders himself.

55.10 Rewards for saving life and property during fires, natural calamities etc.The DGP, the Branch Heads and Heads of Offices can also sanction rewards to police officers for saving life and property during large fires, natural calamities etc.

55.11 Communication of rewardsAll rewards including appreciation/commendation/letters/certificates and money rewards granted to police officers by the Department and all money rewards accepted from courts, private individuals, corporate bodies, other departments and other States will be communicated to the police officer or officers concerned with a copy filed in their personal file, and entries made in the service book.

55.12 Rewards offered by foreign governmentAcceptance of any present, emolument or office of any kind from or under any foreign State without the consent of the President is prohibited under the Constitution.

55.13 Rewards to government servants of other departmentsGovernment servants of other departments may also be granted rewards as an incentive for assisting the police in the detection of any heinous or serious crime or for apprehension of offenders. Rewards to Government servants of other departments will be paid through the Head of the Department concerned.

55.14 Rewards to private personsRewards may be in cash or any suitable article in the case of private individuals. Rewards to private persons for the apprehension of offenders and for giving information leading to the detection of crime may be sanctioned within the powers of sanction.

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55.15 Certificates to private individualsOfficers of and above the rank of Superintendents may grant to private individuals and others, letters of thanks or in exceptional circumstances certificates acknowledging the services rendered by these persons to the police in cases where money rewards are not appropriate. Rewards of special nature granted to private persons for extraordinary help rendered by them should be presented to them at a suitable function, if one could be easily arranged, provided the persons concerned are willing to accept the rewards openly.

55.16 Medals(1) The Government of India have instituted the following medals:

(i) The President’s Police and Fire Services Medals for gallantry or distinguished service. (ii) Police Medals for gallantry or meritorious service; (iii) Prime Minister’s Medal for life-saving; and (iv) Police (Special Duty) Medal.

(2) The President’s Police and Fire Services Medal and the Police Medal will be awarded to the members of the Police Forces and organised Fire Services in consideration of gallantry or meritorious services and outstanding devotion to duty. While the medals, either the President’s Police Fire Services Medal or the Police Medal, for gallantry, are awarded for particular acts of gallantry, the President’s Police and Fire Services Medal for distinguished service will be awarded for exceptional skill or conspicuous devotion to duty and the Police Medal for conspicuous merit.

55.17 Eligibility parametersNormally no recommendation should be made for the award of President’s Police Medal for distinguished Service unless the officer has completed 20 years of service and a period of 5 years has elapsed since the award of Police Medal for meritorious service. Similarly, no recommendation should be made for the award of Police Medal for meritorious service unless the officer has completed 15 years of service. There may, however, be very exceptional cases where it would be proper to award these medals although the conditions in respect of length of distinguished or meritorious services and the period which should lapse since the previous award, are not fulfilled. In such cases the conditions may be relaxed at the discretion of the Government of India. Such recommendations should be sent separately from the normal provision and they should be accompanied by a statement of reasons which would justify the waiving of the normal requirements. It should, however, be borne in mind that recommendations under these special provisions are to be made only under very exceptional circumstances. This criterion does not apply to the recommendation for gallantry award.

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55.18 Procedure and method(1) Recommendations for the award of medals for gallantry should be marked

confidential and submitted to the Director General of Police through the concerned Branch Head as soon as possible after the act that has occasioned the recommendation has occurred. These will be considered by the Government of India as and when they are received. In other cases, the awards will be made twice a year on the occasion of the Republic Day (26th January) and the Independence Day (15th August). Recommendations for the awards, which are due with the Government of India by the 26th October and 15th May, should be marked confidential and submitted in the prescribed proforma giving full particulars through the Branch Head concerned so as to reach the Director General of Police by the 10lh September and the 1st April respectively, each year. The citation should be comprehensive without being unduly long. The citation for the President’s Police Medal for distinguished service should clearly indicate whether the officer has already been awarded the Police Medal for Meritorious Service.

(2) No recommendation for award of medal for distinguished or meritorious service should be sent where an officer has been awarded a punishment. However, in cases where an officer has been censured or awarded minor punishment outside a court of law for minor shortcomings, a statement should be furnished showing the nature of punishment and the circumstances in which the officer was punished, indicating the reasons which justify the officer being considered especially for the award.

(3) While forwarding nominations for the award of the President’s Police and Fire Services Medal for distinguished services and the President’s Police and Fire Services Medal and Police Medal for gallantry, photograph of the officer who is considered for such award should be sent. The photographs of the nominees should be secured without divulging the recommendation of their names for the award of the medals.

(4) While sending the recommendations for gallantry, in addition to the citation, the following information/document should be furnished :

(a) A copy of the first information report or the report made to the Director General or the State Government about the incident.

(b) Details about the composition of the police party and in case the party had been divided into groups, the number of Policemen included in each group should be mentioned. The details of arms carried by the police party should be mentioned.

(c) The details of the injuries, if received, by the Police personnel.(d) Details of the injuries, if received, by the criminals and in case the criminal was

killed in the incident a copy of the postmortem report.(e) If any magisterial inquiry and/or departmental inquiry was conducted into the

matter, a copy of the inquiry report.

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55.19 Publicity of the Award

(1) The award of the President’s Police and Fire Services Medal for distinguished service and gallantry and the award of the Police Medal for gallantry and meritorious service and the State awards are ordinarily given wide publicity. The Master of Mint, Government of India, sends the respective medals to the State Government which, in turn, sends them to the Director General of Police for safe custody and presentation to the awardees during the Independence Day or Republic day or the investiture parade arranged for the purpose.

(2) Whenever departmental or criminal proceedings are pending against the awardees of the medal, their names should be promptly reported to the Director General of Police, so that the presentation of the medals could be withheld till the proceedings are over. The President’s Police Medal and the Police Medal are 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.

55.20 The Prime Minister’s Medal for Life-saving

The Prime Minister’s Medal for Life-saving will be awarded in cases where exemplary devotion to duty is shown by a police officer in saving human life. Recommendations for the award of the medal should be marked confidential and submitted to the Director General of Police through the Branch Head concerned soon after the incident takes place, with full facts of the case. The announcement and the presentation of the award will be made by the Government of India.

55.21 The Police (Special Duty) Medal

The Police (Special Duty) Medal will be awarded to the members of the Police Forces in recognition of their services under condition of particular hardship and severe climate. Recommendation for the award of this medal should be sent through proper channel as soon as officers become eligible for the award. If an officer recommended for the award of any medal dies before the award is actually announced, necessary intimation should be given to the Director General of Police immediately. In the case of officers on deputation, the borrowing authority will consult the lending authority before recommending a medal and vice-versa.

55.22 The order and manner of wearing decorations and medals

The order of precedence of wearing the various medals and decorations as per the rules should be strictly followed. When medals and decorations are worn on the breast, the ribbon will be one inch in length, unless the possession of clasp necessitates its being longer. The uppermost clasp will be one inch from the top of

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the ribbon. When two or more medals and decorations are worn, they will be so arranged that the lower edges are in line. The length of all ribbons will be regulated by that of the decoration or medal which, including clasps, is the longest, subject to the condition that the total length of the ribbon and the decoration or medal together should be 3 inches. These instructions apply equally to miniature medals and decorations but their length including ribbon should be 2”. The bar from which badges of orders, decorations or medals are suspended will be placed immediately above the left breast pocket of jackets with an open collar, and the centre of the bar midway between the first and the second buttons of jackets fitted with a stand-up collar. When the decorations and medals cannot, on account of their number, be suspended from the bar so as to be fully seen, they are to overlap. The medals are to be worn so as to show the State Emblem.

55.23 Loss of medal to be reported

All losses of medals should be reported by the recipients to the Director-General through proper channel. They will be replaced on payment of the cost by the recipient subject to the orders of the Government after due enquiry.

55.24 Awards by the State Government

Awards are also given by the State Government of Sikkim to its employees, including police personnel, who have completed 15 years of service for outstanding devotion to duty. Recommendations for the grant of State awards on the occasion of Independence Day and Republic Day shall be sent by the branch heads in the prescribed proforma giving full particulars by the 1st of July and 10th of December respectively. The Headquarters and General Administration branch shall ensure that recommendations for the medals and Central/State Government awards are sent in time to the concerned authorities.

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Chapter 56

Departmental action, Punishment and Appeal

56.1 Introduction

Reward and punishment are two essential tools of administration and management. That good and commendable performance must be suitably rewarded and the dereliction of duty should be punished, are universally accepted principles of administration. Use, utility and inevitability of these principles become more apparent for organisations like police, where code of conduct, discipline and performance expectations occupy significant place in the overall professional milieu. The parameters, procedures and methods of punishment, like those of the rewards, should also be based on judicious, objective and just foundations. For different categories of personnel, separate rules and provisions are made for this purpose and police organisations are no exception to this general rule.

56.2 The Rules

(1) Members of the state police are governed by the Sikkim Police Force (Discipline and Appeal) Rules, 1989. The IPS Officers are governed by the All India Services (Discipline & Appeal) Rules, 1969.

(2) The penalties that can be awarded by various disciplinary authorities in Sikkim Police are spelt out in the Sikkim Police Force (Discipline & Appeal) Rules, 1989.

(3) Apart from the delinquent acts or behaviour specified in the Sikkim Government Servants’ Conduct Rules, 1981 a police officer is liable for disciplinary action for misconducts mentioned in the Sikkim Police Act, 2008 and this manual.

(4) The acts of commission and omission at variance from the prescribed procedure and standards, misuse of office, moral turpitude and unprofessional conduct are all met with disciplinary action so as to have a deterrent effect on the erring members as also on others. The cardinal principle of disciplinary proceedings is that no one shall be punished unless he has been given reasonable opportunity to defend himself against the action proposed to be taken against him.

56.3 Disciplinary Penalties

(1) Subject to Article 311 of the Constitution and any law or any rules for the time being in force the disciplinary authority, as indicated under the Sikkim Police Force (Discipline & Appeal) Rules, 1989 may, for good and sufficient reasons, impose any of the following penalties on a police officer:

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(i) Punishment drill not exceeding seven days;(ii) Extra Guard duty;(iii) Confinement to quarters for a term not exceeding 15 days, with or without

punishment drill, extra guard, fatigue or other duty;(iv) Fine to any amount not exceeding a month’s basic pay;(v) Removal from any office of distinction or special emolument;(vi) Deprivation of good conduct pay;(vii) Censure;(viii) Withholding of promotion;(ix) Recovery from his pay of the whole or part of any pecuniary loss caused by him to

the Government by negligence or breach of orders;(x) Withholding of increments of pay;(xi) Reduction to a lower stage in the time scale of pay for a specified period, with further

directions as to whether or not the police officer will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay;

(xii) Reduction to a lower time scale of pay, grade, post or Service which shall ordinarily be a bar for promotion of the police officer to the time scale of pay, grade, post of service from which he was reduced, with or without further directions regarding conditions of restoration to the grade or post or service from which the police officer was reduced and his seniority and pay on such restoration to that grade, post or service;

(xiii) Compulsory retirement;(xiv) Removal from service which shall not be a disqualification for future employment

under the Government;(xv) Dismissal from service which shall ordinarily be a disqualification for future

employment under the Government.

Provided that :

(a) Penalties specified in clauses (i) to (iii) may be imposed only to Head Constables, Naiks and Constables;

(b) The amount of fine imposed on a Head Constable, Naik or Constable under clause (iv) shall not exceed 7 days basic pay in the course of a month.

Note: The amount of fine should be recovered in cash and credited to the Police Welfare Fund. The recoveries should not appear in the Establishment Pay Bills.

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56.4 Disciplinary authority

(1) The Governor may impose any of the penalties specified in rule 3 of the Sikkim Police Force (Discipline & Appeal) Rules, 1989 subject to limitations indicated therein, on any police officer.

(2) Without prejudice to the provisions of sub-rule 1 above, any of the penalties specified in rule 3, subject to limitations indicated therein, may be imposed on a police officer by the disciplinary authority specified in the Schedule in this behalf in the Sikkim Police Force (Discipline & Appeal) Rules, 1989.

(3) In case of transfer the disciplinary authority shall be of the branch/unit where the delinquent officer is currently posted irrespective of where he was posted when the misconduct or misbehaviour was reported or enquired into.

(4) Where more than one disciplinary authority is indicated for a rank in the schedule to the Sikkim Police Force (Discipline & Appeal) Rues, 1989 it shall ordinarily be the junior most of the officers specified as the disciplinary authority who will initiate Department Enquiry against the delinquent police officer and impose the penalty.

56.5 Procedure for imposing penalties specified at Sl. No.(i)to(iii) of Regulation 56.3

(1)A. The disciplinary authority may impose on a police officer of the rank of Head Constable and below any of the penalties specified in clauses (i) to (iii) summarily. The police officer concerned shall be called by the disciplinary authority to appear before him and when he appears, the particulars of allegations shall be stated to him by the disciplinary authority and he shall be asked to state whether he pleads guilty or has any defence to make.

B. If the police officer pleads guilty, the disciplinary authority may pass order imposing on the delinquent any one of penalties aforesaid. If the Police office does not plead guilty the disciplinary authority shall record the substance of the evidence and a finding with a brief statement of the reasons thereof, and if the disciplinary authority finds the police officer guilty, he shall make appropriate order imposing any one of the penalties aforesaid.

Imposition of minor punishments

(2) Minor penalties are those mentioned at regulation 56.3(1) (iv) to (x) above corresponding to serial numbers (iv) to (x) of rule 3 of Sikkim Police Force (Discipline and Appeal) Rules, 1989. The procedure laid down in rule 6 of the said Rules shall be followed for imposing minor penalties.

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Imposition of major penalties

(3) Major penalties are those mentioned at regulation 56.3(1) (xi) to (xv) above corresponding to serial numbers (xi) to (xv) of rule 3 of Sikkim Police Force (Discipline and Appeal) Rules, 1989. The procedure laid down in rule 7 of Sikkim Police Force (Discipline and Appeal) Rules, 1989 should be strictly followed for imposing the major penalties.

(4) The following shall not amount to a penalty within the meaning of these rules, namely :

1. Non-promotion whether in a substantive or officiating capacity.

2. Reversion from a department in which he is on deputation to his parent department or to a post not lower than the post on which he holds a lien or a suspended lien, for administrative reasons.

3. Replacement of the services of an employee, whose services had been borrowed by other Governments or an Authority under the control of that Government.

4. Stoppage or postponement of increment on account of extension of probation.

5. Reversion of an employee appointed on probation to any other Service, grade or post, to his permanent Service, grade or post.

6. Reversion of an employee officiating in a higher service, grade or post to a lower service grade or post, on the ground that he is considered to be unsuitable.

7. Withholding of increments of pay of a Government servant for his failure to pass any departmental examination, which he is required to.

8. Termination of the services of an employee appointed on probation.

9. Discharge from engagement under contract, in accordance with the terms of his contract;

10. Discharge of an employee appointed temporarily on the expiration of the period.

11. Compulsory retirement in accordance with the provisions relating to his superannuation or retirement rules including premature retirement in public interest.

56.6 Procedure to be strictly followed

Neglect in the due observance of the rules is liable to vitiate the whole proceedings and the ultimate order passed thereon. It may often happen that though on merits an order of punishment may be fully justified, it may have to be set aside on account of technical defect or omission or irregularity committed in the disciplinary proceedings. This may often enable a guilty officer to escape punishment, as also cause considerable financial loss to the Government.

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56.7 General principle of punishment

(1) Punishment should fit the default and should be sufficiently deterrent without being harsh, and above all it should be immediately felt.

(a) If minor punishments have no effect on a delinquent a major punishment is ordinarily called for. If such punishment has no effect on him, then he must be removed/dismissed from service. Ordinarily removing a police officer from service without first awarding him minor/major punishment will mean that proper steps were not taken to correct him in time and make him a useful member of the force.

(b) The degree of severity of punishment should depend upon the seriousness of the default and incorrigibility of the delinquent and should aim, as far as circumstances permit, at improving him and giving him a chance to improve.

(c) It is not correct to punish a person merely on suspicion or insufficient evidence. If the charge is not proved and the circumstances of the case demand that benefit of doubt should be given, officers should state their opinion clearly.

(d) Police officers found guilty of behaving improperly towards members of the public should be dealt with adequately in the interest of creating and maintaining good relations between the police and the public. Similarly, insubordination warrants a severe punishment unless there are any extenuating circumstances or other valid answers to the charge. Leniency in such cases tends to foster a sense of indiscipline.

(e) Fraud, dishonesty, corruption or continued and willful negligence and all offences involving moral disgrace meet with their appropriate punishment in dismissal or removal from service.

(f) Offences of gambling committed by police officers should be treated as cases involving moral turpitude. Accordingly such police officers as are found guilty either by courts of law or any departmental proceeding should be dealt with severely.

(g) Removal should be the penalty in all cases where it is not thought necessary to bar future re-employment under Government in another department for which the police officer may be suitable, and an order of removal should not be accompanied by any subsidiary orders which would operate as such bar or otherwise prejudice him.

(h) Except for absence without leave and loss caused to the Government, fine should ordinarily not be inflicted as a punishment.

56.8 Censure

(1) Censure should not be awarded for minor irregularities or lapses, where a warning would suffice.

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(2) The main distinction between ‘warning’ and ‘censure’ is that an order of ‘censure’ is a penalty under the Discipline & Appeal Rules. It is intended to convey that the police officer concerned has been held guilty of some blameworthy act or omission for which it has been found necessary to award him a formal punishment. Nothing can amount to a ‘censure’ unless it is intended to be such a formal punishment and imposed for ‘good and sufficient reasons’ after following the procedure prescribed in the Rules.

(3) There may be occasions when a superior officer may find it necessary to criticize adversely the work of his subordinates which calls for some informal action. In such cases communication of a written warning, admonition or reprimand may be taken recourse to.

(4) It is a matter of simple natural justice that written warnings, reprimands, etc. should not be administered or placed on a police officer’s confidential record unless the authority doing so is satisfied that there is good and sufficient reason to do so and the person concerned has been heard.

56.9 Withholding of increments or promotion

An increment is admissible as a matter of course unless it is specifically withheld. It may be withheld from a police officer (i) if his conduct has not been good or his work has not been satisfactory, and (ii) as a definite punishment for a specific fault. The procedure prescribed in Rules shall be followed before withholding an increment. In ordering the withholding of increments, the withholding authority shall expressly state in the order:

(i) the period for which it is withheld;

(ii) whether the period for which it is withheld shall be exclusive of any interval spent on leave before that period is complete;

(iii) whether the postponement shall have the effect of postponing future increments.

56.10 Reduction to a lower rank, grade or stage

No police officer should, who was directly recruited, be reduced to a rank lower than that to which he was directly recruited. Wholesale reduction by a number of grades or stages at a time should not be ordered. Drastic reductions may be within the letter of the rules, but they are not in keeping with their spirit and are undesirable from every point of view.

In ordering a reduction, the disciplinary authority shall expressly state in the order:

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(a) the rank, grade or stage to which reduced;

(b) the period for which reduction is ordered;

(c) whether the period for which reduction is ordered is exclusive of any period of leave or suspension;

(d) whether reduction, if to a lower stage in the same time scale, shall have the effect of postponing future increments; and

(e) whether in the case of reduction to a lower rank he should gain promotion to the next rank in the ordinary course but not restored to his original rank at the expiration of the period of reduction.

56.11 Suspension

(1) Suspension is an executive order which debars a Government servant from exercising his/her powers and performing his legitimate duties during the period the suspension is in force. However, during the period of suspension the Government servant continues to be a member of the service to which he belongs and the relationship of master and servant also continues. He continues to be governed by the same set of conduct, discipline and appeal rules which were applicable to him before he was placed under suspension. Though suspension is not a formal penalty it constitutes a great hardship to the person concerned as it leads to reduction in his emoluments, adversely affects his prospects of promotion, and also carries a stigma. Therefore, an order of suspension should not be made in a perfunctory or in a routine and casual manner, but with due care and caution.

(2) Section 124 of Sikkim Police Act, 2008 and rule 10 of Sikkim Police Force (Discipline and Appeal) Rules, 1989 deal with suspension of officers of Sikkim Police. In respect of Indian Police Service officers the rules governing suspension are contained in rules 3 and 4 of All India Service (Discipline and Appeal) Rules, 1969.

(3) During the period of suspension the pay and allowances will be regulated in accordance with the relevant rules.

(4) Sub-rule (2) of rule 10 of Sikkim Police Force (Discipline and Appeal) Rules, 1989 and sub-rule (2) and (4) of rule 3 of All India Service (Discipline and Appeal) Rules, 1969 deal with the circumstances under which a police officer shall be deemed to have been placed under suspension. A formal order of suspension with effect from the date on which such deemed suspension takes effect, is required to be issued by the competent authority in such cases also. Form 165 is a specimen of the order for suspension; and Form 166, an order to be issued in the case of deemed suspension.

(5) If an order of suspension is made by an authority lower than the appointing authority, such authority should report to the appointing authority the circumstances

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in which the order was made. Before passing an order of suspension the authority proposing to make the order should verify whether it is competent to do so. An order of suspension made by an authority which does not have the power to pass such an order, is illegal and will give cause of action for setting aside the order of suspension and claiming full pay and allowances for the period the Government servant remained away from duty due to the order of suspension.

(6) Where an order of suspension is made by an authority subordinate to the appointing authority, the appointing authority should, as soon as information about the order of suspension is received, examine whether the authority by whom the order was made was competent to do so.

(7) Where the service of a Government servant is lent to another department, or borrowed from (or lent to) a State Government or an authority subordinate thereto, or borrowed from (or lent to) a local authority or other authority, the borrowing authority can suspend such Government servant. The lending authority should, however, forthwith be informed of the circumstances leading to the order of suspension.

(8) The suspended Police officer retains a lien on the rank held by him substantively at the time of suspension, and does not suffer a reduction in rank. However, suspension may cause a lasting damage to the officer’s reputation even if he is exonerated or is ultimately found guilty of only a minor misconduct. The discretion vested in the competent authority in this regard should, therefore, be exercised with care and caution after taking all factors into account. It may be considered whether the purpose would be served if the officer is transferred from his post. If he/she would like to have leave that might be due, and if the competent authority thinks that such step would not be inappropriate, there should be no objection to leave being granted instead of suspending him/her. Public interest should be the guiding factor in deciding whether or not a police officer should be placed under suspension or whether such action should be taken even while the matter is under investigation and before a prima-facie case has been established.

56.12 Basic consideration for suspension(1) Placing a police officer under suspension would imply the likely commencement of

an inquiry in a disciplinary proceeding. An officer should ordinarily be suspended only if a prima-facie case exists for instituting an inquiry.

(2) The purpose in placing an officer under suspension is to keep him away from a position where he can interfere with the conduct of the inquiry or tamper with the documentary or oral evidence in any manner, or, where, having regard to the nature of the charges against him, it is felt that it would be unsafe to continue to vest in him the powers of his post. An officer can be suspended even when an inquiry is under way if it is deemed necessary in public interest.

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(3) In cases of criminal prosecution, the concerned accused police officers should ordinarily be suspended.

(4) Before placing a police officer under suspension, the authority competent to place him under suspension should examine the case as to whether the default is so serious as to merit suspension. He should also carefully consider whether on the basis of evidence available there is a prima-facie case for dismissal or removal from service or if there is reason to believe that his continuance in active service is likely to cause embarrassment or hamper the inquiry. In other cases, the concerned police officer could be transferred to a far-off place, if such a course is necessary in the interest of the inquiry. Otherwise a departmental inquiry may be held without suspension of the officer concerned.

(5) The officer who passes an order of suspension of a police officer should record his reasons therefore under his signature.

(6) The following are the circumstances under which the police officer may be placed under suspension:-

(i) Where continuance in office of the officer will prejudice the investigation, trial or inquiry (i.e., apprehension of tampering with witnesses or documents).

(ii) Where continuance in office of the officer is likely to seriously subvert discipline in the office in which he is working;

(iii) Where an officer is prosecuted for any offence committed in the course of his duty involving moral turpitude.

(iv) Corruption, embezzlement or misappropriation of Government money or money of an employer under whom the officer has worked on deputation or otherwise, possession of disproportionate assets, misuse of official powers for personal gain.

(v) Serious negligence and dereliction of duty resulting in loss to government and to the foreign employer while the officer had worked on deputation.

(vi) Unauthorized absence. (vii) refusal or deliberate failure to carry out orders of superior officers.

(7) Sub-section (1) of section 124 of Sikkim Police Act, 2008 empowers an officer of the rank of Superintendent of Police to place a police officer of the rank of Inspector of Police and below, subordinate to him, under suspension, under the circumstances mentioned at clauses (a) to (c) therein. The authorities superior to these authorities may also order suspension of a police officer pending disposal of an inquiry-or a criminal prosecution.

56.13 Date from which suspension order is effective

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(1) Except in cases in which a police officer is deemed to have been placed under suspension, an order of suspension can take effect only from the date on which it is made. Normally it is expected that the order will be communicated to the police officer simultaneously. Difficulties may, however arise in giving effect to the order of suspension from the date on which it is made if the police officer to be placed under suspension –

(a) is situated at a place other than where the competent authority is making the order of suspension;

(b) is on tour and it may not be possible to communicate the order of suspension; or (c) is holding charge of stores and/or cash, seized goods etc.(1) In the cases of types (a) and (b) above it will not be feasible to give effect to an order

of suspension from the date on which it is made, owing to the fact that during the intervening period a police officer may have performed certain functions lawfully exercisable by him. The competent authority making the order of suspension should take the circumstances of each case into consideration and may direct that the order of suspension will take effect from the date of its communication to the police officer concerned.

(2) Where a police officer holding charge of stores and/or cash is to be placed under suspension he may not be able to hand over charge immediately without checking and verification of stores/cash etc. In such cases the competent authority should, taking the circumstances of each case into consideration, lay down that the checking and verification of stores and/or cash should commence on receipt of suspension order and should be completed by a specified date from which suspension should take effect after formal relinquishment of charge.

(3) An officer who is on leave, or who is absent from duty without permission, may be placed under suspension with immediate effect. When a police officer is placed under suspension while he is on leave the unutilized portion of the leave should be cancelled by an order to that effect.

(4) No order of suspension should be made with retrospective effect except in the case of deemed suspension. A retrospective order will be meaningless and improper.

56.14 Suspended person not to leave headquarters

(1) When a police officer is placed under suspension pending inquiry, he should not leave the station where his office is situated or where his headquarter has been indicated without obtaining permission of his controlling authority. When the permission is granted, he may go to any place, but he must leave his address with the Head of Office. He must also leave his address with the officer, if any, holding the inquiry. If and when there is a change in his address he must promptly intimate the same to all

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concerned. All correspondence relating to the inquiry will be communicated only to notified addresses and this would be full compliance with the serving of notices to an accused officer.

(2) Where a police officer is placed under suspension, it is particularly necessary to expedite the inquiry against him and to complete it as early as possible. Arrangements should be made to divest the officer to be placed under suspension, of arms and ammunition on his person and/or in his custody, and thereafter the orders of suspension served on him. Even while holding inquiries the Inquiry Officer should ensure that the accused police officer whether under suspension or otherwise is completely disarmed and is not in possession of any kind of arms, ammunition or other implements while facing the inquiry,. A police officer under suspension on a charge of misconduct either facing inquiry or criminal prosecution should be permitted to retire on reaching the age of superannuation.

(3) When a police officer is placed under suspension by an officer on being ordered by his superior officer, he should not be reinstated before completion of the inquiry without the consent of such superior officer.

56.15 Appeal against suspension

(1) Subject to the provisions contained in sub-rule (1) of rule 11 of Sikkim Police Force (Discipline & Appeal) Rules, 1989 a Police officer has a right to prefer an appeal against an order of suspension made or deemed to have been made under rule 10. This would imply that a police officer placed under suspension should generally know the reason leading to his suspension so that he may be able to prefer an appeal against it. Hence, where a police officer is placed under suspension on the ground that a disciplinary proceeding against him is pending or a case against him in respect of any criminal offence is under investigation, inquiry or trial or such other reason, the order placing him under suspension may contain a mention in this regard.

(2) Where a police officer is placed under suspension on the ground of contemplated disciplinary proceeding, every effort should be made to finalise the charge against him expeditiously. If this is done the officer placed under suspension on the ground of contemplated disciplinary proceedings will become aware of the reasons for his suspension without much loss of time.

(3) Consideration of appeal by the appellate authority: On receipt of the appeal the appellate authority shall consider whether in the light of the provisions of rule 10 and having regard to the circumstances of the case the order of suspension is justified or not; and confirm or revoke the order of suspension accordingly.

(4) Revocation of suspension: An order of suspension should be revoked without delay

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where the police officer was placed under suspension pending completion of-

(i) departmental inquiry: if it is decided that no formal proceedings need be drawn up with a view to imposing a penalty of dismissal, removal, compulsory retirement or reduction in rank or to a lower stage/scale; or if the police officer is exonerated of the charges against him; or if the penalty awarded is not dismissal, removal or compulsory retirement.

(ii) investigation or trial in respect of a criminal offence: if investigation does not disclose an prima facie case of an offence having been committed; or if he is acquitted by a competent court, and it is further decided that no departmental proceedings need be initiated on the basis of facts disclosed during investigation or on the basis of facts which led to the launching of prosecution in a court of law.

(5) If a police officer who was deemed to have been placed under suspension due to detention in police custody erroneously or without basis, and thereafter released without any prosecution having been launched, the deemed suspension may be treated as revoked from the date the cause of suspension itself ceases to exist, that is, the police officer is released from police custody without any prosecution having been launched. A formal order for revocation of such suspension may, however, be issued for administrative record.

(6) In the case of a police officer under suspension who is acquitted in a criminal proceeding, and against whose acquittal an appeal or a revision application is filed, it may be considered whether it is necessary to continue his suspension. If not, the order of suspension should be revoked.

(7) The order of revocation of suspension will take effect from the date of issue. However, where it is not practicable to reinstate a suspended police officer with immediate effect, the order of revocation of suspension should be expressed as taking effect from a date to be specified. The order of revocation of suspension should be made in the prescribed form. On revocation of an order of suspension a police officer is reinstated in service. Form 167 is a specimen order of revocation of suspension.

56.16 Period of suspension An order of suspension should be reviewed every six months or even earlier by

the officer who placed him under suspension or the officer to whom such officer is subordinate. Such review may be suo motu or on a representation made by the officer under suspension. Where the period of suspension exceeds one year the case should be reported to the Director General of Police duly mentioning the facts leading the suspension and the reasons for the continuance of such suspension beyond one year.

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56.17 Speedy investigation into cases in which an officer is under suspension

(1) Though suspension is not a punishment it does constitute great hardship for a police officer. Thus, in fairness to him/her, the period of suspension should be the minimum. Undue long suspension also involves payment of subsistence allowance without the officer performing any useful service to the department. Investigation into cases of officers under suspension should, therefore, be given priority and every effort should be made to finalise the case at the earliest; or in case of departmental proceedings serve the chargesheet as soon as possible. In cases other than those pending in courts the total period of suspension, that is both in respect of investigation and disciplinary proceedings, should not ordinarily exceed six months. In exceptional cases where it is not possible to adhere to this time limit, the disciplinary authority should report the matter to the next higher authority, explaining the reasons for the delay. The authorities superior to the disciplinary authority should also exercise strict check on cases in which delay has occurred, and give appropriate directions to the disciplinary authorities.

(2) If investigation is likely to take more time it should be considered whether it is still necessary, taking the circumstances of the case into account, to keep the police officer under suspension or whether the suspension order could be revoked, and if so, whether the police officer could be permitted to resume duty on the same post or transferred to another post or office.

Acceptance of resignation/notice for voluntary retirement during suspension

(3) If an officer against whom an inquiry or investigation is pending, whether he has been placed under suspension or not, submits his resignation, such resignation should not normally be accepted. Where, however, the acceptance of resignation in such a case is considered necessary in public interest because one or more of the following conditions are fulfilled, the resignation may be accepted with the prior approval of the Director General of Police in the case of group ‘C’ and group ‘D’ personnel, and that of the State Government in respect of group ‘A’ and group ‘B’ posts :

(i) Where the alleged offences do not involve moral turpitude; or (ii) Where the quantum of evidence against the accused officer is not strong enough

to justify the assumption that if the departmental proceedings were continued the officer would be removed or dismissed from service; or

(iii) Where the departmental proceedings are likely to be so protracted that it would be beneficial to the public exchequer to accept the resignation.

(4) If a police officer under suspension gives a notice for retirement it is open to the appropriate authority to withhold permission under rule 101 of Sikkim Government

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Service Rules, 1974. The power to withhold permission can be exercised by the appropriate authority even if the police officer is placed under suspension after giving the notice for retirement, but before the expiry of the period of notice.

56.18 Preliminary Enquiry(1) Before initiating disciplinary action against a police officer it is ordinarily appropriate

that facts are ascertained by way of preliminary enquiry for the satisfaction of the authority that there is sufficient prima facie grounds to start disciplinary proceedings against the officer. The preliminary enquiry may be made by or under the orders of any officer under whose administrative control the officer alleged to be at fault is working or a superior authority; but the decision to hold the departmental inquiry can only be taken by the prescribed disciplinary authority.

(2) Based on the preliminary enquiry report the disciplinary authority should decide :

(a) whether a prima-facie case exists for further action; (b) if so, whether a formal departmental inquiry should be held or whether the police

officer should be prosecuted in a court of law; (c) whether the police officer concerned should be suspended pending inquiry or

prosecution as the case may be; (d) whether the circumstances of the case warrants termination of service of the police

officer without an inquiry.(3) If the preliminary enquiry does not reveal misconduct of such serious nature as to

merit the imposition of any of the major or minor penalties, but it is felt that some informal action is called for, a written warning or reprimand may be communicated to the erring officer.

(4) An officer may call for explanation from his subordinate officer in respect of any matter pertaining to his duties and it will often be advisable before initiating an inquiry to obtain the explanation as, after obtaining it, the reporting authority may feel that there is no ground to initiate an inquiry at all. Calling for such explanation is however not compulsory and the authority competent to order the inquiry will have to decide, according to the circumstances of each case, whether or not any such explanation should be obtained before issue of a memo of charge.

56.19 Memorandum of charges (1) Once the disciplinary authority is satisfied that an inquiry is necessary, or he is

directed by higher authority to hold an inquiry, the first step will be to issue a memorandum of charges to the police officer concerned by the disciplinary authority. The memorandum is an intimation to the delinquent officer regarding the proposed inquiry, and giving him an opportunity to specifically admit or deny any or all the charges as well as to prefer a written submission within a stipulated period – which is normally 10 days after receipt of the memorandum – if the officer so desires.

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The delinquent is also informed that an inquiry will be held only in respect of such charges as are not admitted by him. The memorandum and its enclosures are prepared in three copies. The original should be delivered to the delinquent officer. One copy is kept as in the relevant file. The third copy is meant for delivering to the inquiring authority in case one is so appointed in due course. The memorandum should mention the enclosures to it. As far as possible, the memorandum and enclosures thereto should be delivered to the delinquent officer by hand, and his/her receipt should be obtained on the office copy. If, for reasons beyond control, delivery cannot be effected by hand, the documents may be sent to the delinquent by registered post, acknowledgment due. The memorandum of charge may be issued as per the Form 168.

(2) The following documents are to be enclosed to the memorandum :

(a) Articles of charges - This is an abridged version of the charges, mentioning mainly the allegation in nut shell and the probable period and place of commission of the alleged act or omission. For this reason it is also known as substance of misconduct or misbehaviour. Each charge is specifically mentioned under separate serial number, and the relevant rule that was violated by the commission or omission is also spelt out. It may be kept in mind that a single incident for which a departmental action is initiated could consist of more than one charge. For example, if an officer is found intoxicated on the road during his duty time in the office, there will be two charges against him, one for leaving the place of duty, and the other for having been found in a state of intoxication. In the articles of charges Article-I will state that when the delinquent officer was posted at the particular place, he, on the particular date and time mentioned therein, was found intoxicated. Article-II will state that on that date he was found absent from duty. No further details of the incident will find place in the Articles of charge. Form 169 is a specimen of the Articles of Charges.

(b) Statement of imputations of misconduct or misbehaviour - Every charge mentioned in the articles of charges is elaborated in this statement with details. Herein give the details of the charge in a descriptive manner, so that the delinquent is aware of the imputations leaving no room for doubt or ambiguity. Form 170 is a specimen of the Statement of imputations of misconduct or misbehaviour.

(c) List of documents by which the charges are proposed to be proved. See Form 171.

(d) List of witnesses by whom the charges are proposed to be proved. See Form 172.

(3) Admissions, if made, should be specific and unambiguous. In case the delinquent officer admits all the charges in his written statement submitted in reply to the memorandum of charges, no formal enquiry is warranted, and the disciplinary authority should record its findings in respect of each article of charges and take further action.

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(4) If the delinquent officer does not admit all or any of the charges, or if he does not submit any written statement within the stipulated time, the disciplinary authority should either conduct the enquiry himself or appoint an inquiring authority. If the higher authority has directed the disciplinary authority to hold the inquiry himself, he himself will be the inquiring authority.

(5) Where more than one police officer of different ranks are involved in a single default and a joint inquiry against all such accused police officers is to be held, action as indicated in regulation 56.37 (common proceedings) may be taken. In such cases, sufficient number of copies of the order should be prepared for service on all the delinquent officers.

(6) In view of the above rules, the following instructions are issued: A. When two or more police officers are involved in one case, the disciplinary authority

may make an order directing that disciplinary action against them may be taken in a common proceeding.

B. If the authority competent to impose the penalties specified in rule 3 of the Sikkim Police Force (Discipline & Appeal) Rules are different an order for taking disciplinary action in a common proceeding may be made by the highest of such authorities with the consent of others.

C. In case of any difficulty in making the order as indicated in B above the next higher authority over all such disciplinary authorities or the DGP may make the order for taking disciplinary action in a common proceeding and also specify the disciplinary authority for the purpose.

D. Having regard to the findings in the inquiry report in the common proceedings, it is for the disciplinary authority concerned to issue final orders inflicting the punishment duly following the procedure.

E. When two or more persons are involved in one case, the magnitude of involvement of all the charged officers may not be the same and the degree of culpability may also vary from person to person.

F. The fact of an officer having been placed in charge of a post (as distinguished from his being appointed to officiate in the post) does not affect the powers of punishment given to the various officers. However, an officiating incumbent should be dealt with in the same way as a permanent officer of that rank.

56.20 Inquiring Authority(1) While appointing the inquiring authority the disciplinary authority should take care

to see that the officer selected to conduct the inquiry is not biased or prejudiced against the accused police officer.

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(2) Appointment of an inquiring authority may preferably be made by designation so that if the incumbent inquiry authority vacates his office due to transfer, retirement etc., his successor can continue the inquiry from where it was left by his predecessor. The order of appointment of an inquiring authority should be prepared in four copies. Two copies should be sent to the officer under whom the delinquent police officer is serving, for service and return of one copy bearing the acknowledgement of the delinquent officer. The third copy should be sent to the inquiring authority and the fourth copy should be retained by the disciplinary authority as office copy. Form 173 is a specimen order for appointing Inquiry officer; and Form 174 is the specimen for appointing a new Inquiry Officer in the place of a previously appointed Inquiry Officer.

(3) (i) Where the charge is grave enough to warrant dismissal, removal or compulsory retirement the officer who conducts the inquiry should preferably be in rank of Superintendent of Police or Addl. Superintendent of Police.

(ii) The inquiring authority should conduct the enquiry himself and not entrust it to any other officer.

(iii) An officer who is to be cited as a prosecution witness in an inquiry should not be appointed inquiring authority. If he is required as a defence witness by the delinquent officer, the latter should be asked to state in writing what points the officer cited is to elucidate. If the inquiring authority considers it unnecessary to allow himself to be examined as a defence witness, he will file that representation with his remarks as part of the records of the inquiry and incorporate the facts contained in that application and his remarks thereon in the minute. If the inquiring authority thinks that his examination as a defence witness is necessary, he should immediately report the matter to his immediate superior and seek instructions. When the officer’s evidence is considered such as is likely to have a bearing on the result of the inquiry, the inquiry should not be conducted by him but by some other officer.

(4) The disciplinary authority should forward to the inquiry authority, if appointed, all the relevant documents namely the memorandum of charges, the articles of charge, the statement of imputations of misconduct or misbehaviour, lists of documents and witnesses, a copy of the written statement of defence if submitted by the delinquent officer, evidence proving delivery of the memorandum of charges and enclosures thereto, and a copy of the order appointing the presenting officer, if appointed.

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56.21 Presenting Officer

(1) Whether the inquiry is conducted by the disciplinary authority himself or the inquiring authority, the disciplinary authority may appoint a police officer as ‘presenting officer’ to present on its behalf the case in support of the articles of charge.

(2) Appointing a presenting officer is not mandatory, but only to assist the inquiry officer. Whether or not a presenting officer is appointed, the delinquent officer has the right to take the assistance of any police officer to present the case on his behalf. However, the delinquent officer cannot take the assistance of a legal practitioner unless the presenting officer is a legal practitioner or the disciplinary authority, considering the circumstances of the case, permits the delinquent officer to engage a legal practitioner. Form 175 is the specimen order for appointing Presenting Officer.

56.22 Inquiry Proceedings

(1) The inquiring authority should maintain a record in the form of an order sheet, in which he should make a brief record of the day-to-day proceedings of the inquiry including oral and written requests of the delinquent police officer and the orders passed on such requests. He should sign it at the end of each day’s proceedings and sign/initial each page.

(2) Immediately on receipt of the documents from the disciplinary authority, the inquiry authority should serve a notice in writing to the delinquent officer, directing him to appear on a date specified therein - which should ordinarily be within the next 10 days - at the place and time fixed by the inquiry authority. If the delinquent officer requests for a few more days for unavoidable reasons, the inquiry authority may consider such request on merit; but this should not be a delay tactics on the part of the delinquent officer.

(3) When the accused delinquent officer appears for the inquiry on the date of first hearing, the inquiring authority should put the following questions, and the answers, should be recorded in writing in the order sheet:

(i) Have you received a copy of the charge memo with a statement of the allegations ?

(ii) Have you understood the charges ?

(iii) You have submitted a written statement in reply to the memo of charge. It has been taken on record.

(iv) Have you anything to say before I proceed with the inquiry ?

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(4) The answers must be read over (and translated if necessary) to the delinquent officer, and his signature and that of the inquiring authority appended with the following certification: “Recorded by me, read over (and translated) to the deponent and acknowledged by him to be correct”.

(5) If the delinquent officer pleads guilty to all the charges that are to be inquired into, the inquiring authority shall record the plea in the order sheet, sign it and obtain the signature of the delinquent officer. Thereafter the inquiring authority shall draw up his findings.

(6) If the delinquent officer does not plead guilty and wishes to defend himself, he shall be permitted to inspect the documents that are to be relied upon to prove the charges, and in case he requests for copies of such documents he should be provided with them without much delay.

(7) The inquiry proceedings should be completed as expeditiously as possible. If the delinquent officer does not submit a written defence and does not appear before the inquiring authority or fails to comply with the rules, the inquiring authority should hold the enquiry ex-parte.

56.23 Defence plea

A delinquent police officer must have reasonable facilities for the preparation of his defence, and subject to this condition, it is the inquiring authority’s responsibility to complete the departmental proceedings with speed and submit his report to the appropriate authority particularly as the delinquent officer cannot be kept under suspension for long period. If the delinquent police officer, for some substantial reason, applies for extension of time to enable him to put in his defence the inquiring authority, if he is satisfied that the request is reasonable, may grant further reasonable time to put in his written statement. If, on the contrary, the inquiring authority considers that the application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice, he may, after recording the reasons in writing, reject the application.

56.24 Inspection of documents by the delinquent Police Officer

(1) The inquiring authority should give every reasonable facility to the delinquent officer to inspect any records necessary for the purpose of preparing his defence. Such inspection should be arranged in the presence of a responsible police officer to ensure that the records are not tampered with in any manner. Documents and records not referred in the memorandum of charges but which the delinquent officer considers relevant should be made available to him unless there are special and valid reasons for not doing so. If any particular record has been withheld, the reasons for

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doing so should be recorded in writing in the proceedings and communicated to the delinquent officer in the form of a separate order, a copy of which, with the delinquent officer’s acknowledgement, should be kept in the proceedings file.

(2) When an delinquent police officer who is on leave fails without sufficient cause to obey a written order requiring him to attend the inquiry on a specified date, he will be liable to have his leave cancelled. It is incumbent on the officer whether he is under suspension or on leave, to leave his address in the office where he is attached or posted, and with the inquiry authority. Any orders intended for the delinquent police officer will be sent to the address furnished by him, and it is therefore his responsibility to see that he makes proper arrangements to receive such communication. If he claims that he was unable on account of ill-health to attend the inquiry, his claim will be rejected unless it is supported by a medical certificate mentioning that the delinquent is not in a condition to attend the inquiry.

56.25 Recording of evidence

(1) At the inquiry, evidence should be heard on charges which are not admitted or which, though admitted, the inquiring authority desires to inquire into. The inquiry should not however extend to matters not mentioned in the memorandum of charges. The evidence in support of the charges should be recorded first in the presence of the delinquent police officer and then he be given an opportunity to cross-examine the witnesses styled as PW (PW-1, PW-2, and so on). At the head of each statement the name, father’s name (or husband’s name), age, occupation and address of the witness should be entered and in the case of an official witness, his name, rank or designation should be written.

(2) The evidence of each witness should be recorded in the form of a narrative in the first person and when the evidence is completed the delinquent police officer should be called upon to cross-examine the witness. If, as a result of cross-examination, any doubts are raised, the inquiring authority may re-examine the witness for clarification and if, as a result of such re-examination, any new matter is introduced, the delinquent officer should be afforded an opportunity to further cross-examine the witness with reference to the new matter. If the delinquent officer states that he has no cross examination or refuses to cross-examine, a record should be made thus ‘Cross-Examination Nil’ or ‘Declines to cross-examine’.

(3) The whole statement should thereafter be read over to the witness and if necessary explained to him in the language in which it was given. If the witness denies the correctness of any part of the evidence when it is read over to him, the inquiring authority may either carry out the correction or instead of correcting the evidence, make a memorandum of the objection and add such remarks as he thinks necessary.

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(4) In a joint inquiry each of the delinquent officers should be afforded opportunity to cross-examine the witnesses examined in support of the charge. A delinquent officer should be given opportunity to cross-examine the witnesses of the co-accused officers if the evidence of such a witness supports the charge levelled against that particular delinquent officer.

(5) At the foot of the completed deposition including cross-examination of each witness, the following certificate should be written and signed by the inquiring authority, the witness and the delinquent officer. “Recorded by me, read over (and translated) to the deponent and acknowledged by him to be correct”. If there are more than one page of deposition the pages other than the last should also be initialed by all the parties mentioned.

56.26 Documents to be taken on record(1) Documents in support of the charges should be marked in a conspicuous place and

marked as Exhibit P-l, P-2, and so on. They should be kept in a separate file with an index showing the particulars in brief of each exhibit, the witness who produced it and its page number(s) in the file. The inquiring authority may also put in other documents and evidence if he considers it important to find out the truth. Such exhibits will be indicated as Exhibit by Inquiring Authority - Ex. C-1, C-2, and so on. (C- indicating court).

(2) After taking all the oral and documentary evidence in support of the charge and the case for the prosecution is closed, the inquiring authority should put the following questions to the delinquent police officer and record both the question and the reply in his very words in the order sheet:

(i) You have heard the evidence of the witnesses against you. What have you to say ?

(ii) Have you any witnesses to be examined in your defence ?

(iii) Do you wish to produce any documents in your defence ?

(3) He must be given a reasonable time to draw up and present a list of witnesses and documents. The inquiring authority can question him for what purpose each witness is required so as to avoid protraction of the inquiry by citing of unnecessary witnesses. Normally, the request to call an official witness should not be rejected. When, however, it appears that the request is frivolous or vexatious and that it is made with a view to unnecessarily prolong the inquiry and that the facts which he is expected to speak to (according to the statement of accused) are not relevant for the purpose of inquiry, the request should be refused. The reasons for refusing to call a witness (official or private) should be recorded in writing and communicated to the delinquent officer and his acknowledgement obtained. Failure to do this will vitiate the inquiry.

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56.27 Defence Witnesses

(1) Defence witnesses, styled ‘DW’, are thereafter examined-in-chief by the delinquent police officer and cross-examined, if necessary, by the presenting officer (if appointed) and also by the inquiring authority, but not by other witnesses to the inquiry, however much they are impugned. The delinquent officer may re-examine the defence witnesses as he considers necessary, after which the inquiring authority may again question the defence witnesses further. If the delinquent officer makes a request for permission to examine himself as a witness in his defence, the application should be granted and the delinquent officer examined as a defence witness. Defence exhibits should be marked as D-l, D-2, and so on.

(2) If, in spite of reasonable opportunity afforded to the delinquent officer for adducing defence evidence, he fails to adduce such evidence, it is open to the inquiring authority to conclude the inquiry on the basis that the delinquent officer has no defence evidence to produce.

If the accused officer dispenses with any of the defence witnesses or documents cited by him, this fact should be recorded in the ‘Proceedings’ file under the signatures of the accused officer and the Inquiring Authority. Copies of such evidence as are required by the accused Police Officer may be permitted to be taken by him.

56.28 Attendance of Witnesses

The inquiry officer may summon non-official witnesses but has no power to enforce the attendance of any non-official witness. As regards official witnesses, he should be able to procure their presence either by writing to them direct or to their superior officers at appropriate levels. Normally, the request to call an official witness, when his evidence is relevant, should not be rejected. When, however, it appears that the request is frivolous or vexatious or it is made with a view to prolong unnecessarily the inquiry, the request should be refused and the reasons thereof recorded in writing. In all cases where the inquiring authority feels that the evidence of an official witness is relevant for the inquiry whether called at the instance of the delinquent officer or at his own discretion, the expenditure should be borne by Government. In all other cases where the inquiring authority feels that the evidence of a particular witness is not relevant for the inquiry but is called at the instance of the delinquent police officer, the expenses of such witnesses should be borne by the delinquent police officer. Before asking such a person to appear before him as a witness, the inquiring authority should require the delinquent officer to deposit the necessary expenses with him. If he fails to deposit the amount, the inquiring authority may decline to summon the witnesses and examine them

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56.29 Responsibility of the Inquiring Authority

It is the responsibility of the inquiring authority to arrive at the truth or otherwise of the charges against the delinquent officer on the evidence brought on record during the inquiry. For this purpose, it is his responsibility to put whatever questions that may be considered necessary both to the witnesses examined in support of the charges and to the witnesses produced by the delinquent officer.

56.30 Precautions for Inquiring Officer

(1) The inquiry officer must be impartial. It is particularly important that the formalities prescribed in the statutory rules and orders are followed. It is essential that the conduct of the proceedings should be such as to inspire a belief that the inquiry is being conducted in an impartial manner.

(2) Inquiry should be completed with as little delay as possible. Care should be taken to avoid all dilatoriness; and adjournment or postponement of the inquiry should not be allowed unless absolutely necessary. Where an officer is suspended pending an inquiry into his conduct, it is all the more necessary that the inquiry should be completed expeditiously and orders passed as early as possible.

(3) If at any stage of an inquiry the delinquent officer declines or expresses his unwillingness to take part in the proceedings before the inquiring authority, the inquiring authority is entitled to, and should proceed with the inquiry ex-parte, conclude it upon the materials placed before him and record his findings.

(4) If the enquiry conducted on the complaint of a person or body or on the basis of preliminary enquiry conducted by an other officer, such private person or officer should not be allowed to examine or cross examine any witness but he may suggest questions to the enquiry officer to put to such witnesses.

56.31 Drawing up of findings of the enquiry

(1) On completion of the inquiry, including personal examination of the delinquent officer, if done at his request, the inquiring authority shall record his findings with reasons thereof under the following heads:

(a) Statement of the charge(s)/statement of allegations or brief facts of the case; (b) Summary of the prosecution evidence; (c) Summary of the defence evidence; (d) Memo of the points urged by the delinquent officer during his personal

hearing, if any; and (e) Findings on each charge or charges.

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(1) No reference to the demeanour of witnesses should be made in the report of findings unless a note was made in the records at the time of the inquiry in this regard. This is necessary to ensure that the inquiring authority who frames the report does not speak about the demeanour of witnesses merely from memory. The summary under items (b) and (c) of the report of findings should contain only so much of the evidence on record as is essential for the adequate discussion of the facts in issue.

(2) The finding on each charge should be recorded separately after careful consideration of the evidence adduced for and against it. Where there are several charges, the inquiring authority should deal with each charge completely, analyze the evidence in respect of each charge and come to the conclusion as to whether he considers a charge is proved or not, before passing on to the next charge. A full and final summing up will be given at the end, covering all the charges.

(3) When only a part of a charge is proved by the evidence on record or a charge is proved in a modified form, it shall be recorded accordingly, detailing the extent to which or the form in which the charge is held to be proved. When it becomes necessary to record findings on charges different from those originally framed, the inquiring authority may record findings on such charges, provided reasonable opportunity had been given to the delinquent officer to defend himself by way of cross-examination and by adducing other defence evidence in respect of such charges.

56.32 Forwarding the Inquiry Report(1) The inquiring authority should forward the findings and other records of inquiry,

which should be treated as confidential, with a forwarding letter through the proper channel to the authority competent to award the penalty. He will also send the service register and personal file of the accused officer, if they are in his custody; otherwise, the officer through whom the records are sent to the competent authority should attach the service register and personal file in original, if they are with him.

(2) Along with the forwarding letter, a statement showing the following particulars of the delinquent police officer should be enclosed :

(i) Date of birth.(ii) Date of appointment.(iii) Length of service.(iv) Substantive rank.(v) Date of promotion to present rank or grade.(vi) Pay in the substantive grade or rank.(vii) Pay in the present grade or rank.(viii) Date of next increment due.(ix) Number of monetary rewards and Good Service Entries.(x) Number of punishments: Major & Minor.

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56.33 Systemization of the inquiring recordA. The inquiry records should be sorted and arranged in four files as under :

File No.1 : called the “Proceedings File” should contain the following records :

(1) Order-sheet.(2) Acknowledged copy of the suspension order, if the delinquent officer has been

placed under suspension pending inquiry.(3) Acknowledged copy of the orders (or memo) of the disciplinary authority, appointing

the inquiring authority and the presenting officer.(4) Acknowledged copy of the memorandum of charges.(5) Written statement of the delinquent officer submitted in reply to the memorandum

of charge.(6) First oral statement of the delinquent officer recorded on the first day of hearing of

the inquiry.(7) Statements of witnesses recorded in support of the charge(s) including cross-

examinations and re-examinations, etc.(8) Oral statement of the delinquent officer recorded after examination of the witnesses

in support of the charge(s). (9) Statements of witnesses examined in defence including cross-examinations and re-

examinations, etc., if any.(10) Documents in support of the charges.(11) Documents in support of the defence, if any.(12) Oral statement of the delinquent officer recorded after the examination of

witnesses in defence. (13) Further written statement of defence, if any, of the delinquent officer.

(14) Findings of the inquiring authority.

B. File No. 2: called the ‘Preliminary Enquiry File’ should contain the entire preliminary enquiry records including the statements of witnesses, if any, recorded during the preliminary enquiry if conducted and report of the preliminary enquiry filed chronologically,

C. File No. 3: called ‘Miscellaneous File’ should contain all petitions of the delinquent officer requesting for supply of copies of records and other correspondence exchanged by the inquiring authority in connection with the inquiry including notices issued and acknowledged, etc.

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D. File No.4: called the ‘Order File’ should consist of :

(i) Recommendations of the inquiring authority.(ii) Findings of the disciplinary authority, if the inquiring authority is not himself the

disciplinary authority.(iii) Show cause notice (copy acknowledged by the delinquent officer), if any.(iv) Representation of the delinquent officer in reply to the show causes notice.(v) Proceedings of the disciplinary authority passing the final orders.(vi) Correspondence such as notices, etc., exchanged by the disciplinary authority.

E. Each page of each file should be numbered in book form and an index prepared. All the four files together form the ‘inquiry file’ which should be docketed.

56.34 Provisional Conclusion The authority competent to impose punishment shall examine the findings of the

enquiry along with the records of the enquiry and record its provisional findings on each charge giving reasons therefore. Thereafter it shall come to a provisional conclusion in regard to the penalty to be imposed.

56.35 Second or further opportunity to the delinquent Where the penalty proposed is of major nature, the delinquent officer should be

supplied with a copy of the report of the inquiring authority and be called upon by the competent authority or such other officer authorised by it in this behalf to show cause within a reasonable time, not ordinarily less than one week but not exceeding two weeks, against the penalty proposed to be inflicted. Any representation in this behalf submitted by the delinquent officer shall be duly taken into consideration before final orders are passed.

56.36 The Final Order(1) The final order containing the decision of the authority competent to impose the

penalty should be a self-contained order, a speaking one and should set out briefly the relevant facts and charges against the delinquent officer, findings of the inquiring authority, consider the explanation offered by the charged officer in respect of the charges held proved against him; the decision of the disciplinary authority thereon with reasons in brief for any departure from the findings of the inquiring authority and it should be signed by the disciplinary authority.

(2) In the case of punishments other than compulsory retirement, removal or dismissal from service, the disciplinary authority, if he is the appointing authority, should also pass orders releasing the delinquent officer from suspension,. If he is not the appointing authority he should refer the matter to the appointing authority with a copy of his final order, requesting him to release the delinquent officer from suspension and to give him a posting.

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(3) The disciplinary authority passing final orders should prepare sufficient number of copies of the proceedings. The first copy of the order should be got served on the delinquent officer obtaining his dated signature on the duplicate copy for being kept in the original inquiry records. The third copy should be sent to the appointing authority if the disciplinary authority is not himself the appointing authority. The fourth copy should be sent to the drawing and disbursing officer who was drawing the pay of the delinquent officer till then. The fifth copy should be endorsed to the “establishment section” concerned for record in the personal file of the delinquent officer. Higher authorities may be informed as necessary.

56.37 Common Proceedings(37) Where two or more police officers are concerned in any case, the Governor or any

other disciplinary authority may make an order directing that disciplinary action against all of them may be taken in a common proceeding.

(38) If the authority competent to impose penalties are different an order asking for disciplinary action in a common proceeding may be made by the highest of such authorities with the consent of others.

(39) In such cases where the authorities competent to impose the penalties specified in rule 3 of the Sikkim Police Force (Discipline & Appeal) Rules, 1989 are different and there is a difficulty in proceeding as per clause (2) above, an order asking disciplinary action in a common proceeding and the disciplinary authority for the purpose may be made by the next controlling officer of all such disciplinary authorities to whom they are all subordinate. In such cases issue of chargesheets to the delinquent officers as also appointment of the Enquiring Authority and the Presenting Officer may be made by such superior authority. The findings of the Enquiring Authority will be forwarded to the respective Disciplinary Authorities for further necessary action.

56.38 Special procedure in certain cases(1) Notwithstanding anything contained in rules 6, 7 and 8 of the Sikkim Police Force

(Discipline & Appeal) Rules, 1989 - (i) where any penalty is to be imposed on a Government servant on the ground of

conduct which has led to his conviction on a criminal charge, or (ii) where the Disciplinary Authority is satisfied, for reasons to be recorded by it

in writing, that it is not reasonably practicable to hold an inquiry in the manner provided in these rules, or

(iii) where the Governor is satisfied that in the interest of the security of the State, it is not expedient to hold any inquiry in the manner provided in these rules, the Disciplinary Authority may consider the circumstances of the case and make such orders thereon as it deems fit.

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(2) Where any penalty is to be imposed on a Government servant on the ground of conduct which has led to his conviction on a criminal charge, the Disciplinary Authority has to consider the circumstances of the case and pass appropriate orders imposing penalty straight away on a Government servant on the ground of conduct which has led to his conviction on a criminal charge.

(3) However, a notice may preferably be given to the convicted Government servant requiring him to show cause within a specified period, not exceeding one month from the date of receipt of the notice, as to why he should not be dismissed or removed from service or any penalty be imposed on the ground of his conduct which has led to his conviction on a criminal charge. After considering the reply of the Government servant, if the Disciplinary Authority arrives at conclusion that he/she should be dismissed or removed from service or any other penalty be imposed, no further inquiry need be held or opportunity of being heard be given before passing the order imposing such penalty.

56.39 Entry of punishment in defaulter’s service records

All punishments including judicial, awarded to police officers should be entered in their service books and personal files. A copy of the final order will also be placed in the personal files. In the case of police officers of and below the rank of Head Constable, punishments of drill, extra guard duty, extra work and fatigue duty shall not be so entered.

56.40 Appeals

(1) An appeal against any order of punishment passed against an officer shall lie, where the order is passed by the Director General of Police, to the State Government, and where the order is passed by an officer subordinate to the Director General of Police, to the officer next higher in rank in the police hierarchy who passed such order.

(2) An appeal, in order to be accepted, shall be preferred within a period of forty-five days from the date on which a copy of the order appealed against is delivered to the delinquent officer, unless the appellate authority is satisfied that the appellant had sufficient case for not preferring the appeal in the stipulated time.

(3) Appeals must be accompanied by a copy of the order appealed against. No appeal shall ordinarily be entertained if it is not preferred within the time limit prescribed in rules. The period intervening between the date of application for a copy of the findings of the inquiry or any other material forming the contents of the appeal and the receipt thereof by the appellant may be excluded from the calculation of the time limit for appeals. A police officer is entitled statutorily to one appeal against any order imposing a penalty on him.

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56.41 Records to be sent with appeals

(1) Every appeal shall be forwarded to the appellate authority with an expression of opinion and with remarks on each paragraph of the appeal in regard to the accuracy of the statements made and inferences drawn. In forwarding appeals the records connected with the order appealed against and the records of inquiry in the case of penalties of dismissal, removal, compulsory retirement or reduction in rank should be forwarded to the appellate authority together with a copy of the appellant’s service book and personal file. However, the records of the enquiry need not be sent with time-barred appeals. The appellate authority will call for them if he requires them.

(2) When an appeal is presented the appellate authority should first satisfy that the requirements of the disciplinary proceedings rules have been complied with. If there are any procedural defects to occasion prejudice to the appellant or causing miscarriage of justice the case should be returned to the authority which passed the original order for a report before passing orders on the appeal.

(3) If the procedural defects are of a minor nature which could not have caused miscarriage of justice to the appellant the appellate authority may dispose of the appeal on its merits, but it will specify the irregularities in its order and state why they have been disregarded. The appellate authority will consider:

(a) whether the facts on which the order was based have been established;

(b) whether the facts established afford sufficient ground for inflicting punishment;

(c) whether the penalty is excessive, adequate or inadequate; and if it thinks necessary, may require the authority passing the order to make further inquiry on any point or points specified and shall then pass such orders as it thinks just and proper, including the enhancement of any punishment given, or the awarding of a more severe punishment;

(4) However, a punishment shall not be enhanced, or a more severe punishment awarded in appeal, unless notice to show cause against such enhancement or more severe punishment, as the case may be, has been given and any cause shown thereon considered.

(5) When an admissible appeal is submitted to the Government, all the evidence, documentary and oral, which forms part of the record of the inquiry should be submitted with the appeal, together with the remarks of the Director-General on the points raised in the appeal.

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56.42 Revision/Review

(1) The State Government may at any time on its own motion or otherwise revise or review any order made under the Sikkim Police Force (Discipline & Appeal) Rules, 1989.

(2) The Police Establishment Committee set up u/s 52 of the Sikkim Police Act, 2008 may also revise or review an order made under the Sikkim Police Force (Discipline & Appeal) Rules, 1989 by a Disciplinary or Appellate Police Authority on a reference made to it by the DGP on his own motion or on a representation made to him by the concerned delinquent police officer.

(3) In such cases the Director General may call for the records of the case on his own motion or otherwise to satisfy himself about the propriety or correctness of an order passed and if he is of the opinion that the order passed is improper, he may forward the proceedings to the State Government or the Police Establishment Committee with his report containing recommendation for revision/review.

(4) Similarly, a superior police officer in respect of punishments inflicted by an officer subordinate to him may call for records and if, on a perusal of the records, he is of the opinion that the order passed is improper, he may forward the proceedings with his comments to the DGP through the official channel for a revision/review of the order.

56.43 Reinstatement and payment of arrears

In cases where an order of dismissal, removal or compulsory retirement passed by the competent authority is set aside in appeal or revision or under an order of court of law and the police officer is reinstated in service on grounds of equity, the questions as to what pay and allowances should be allowed for the intervening period and whether or not the period should be treated as duty should be dealt with under the relevant rules.

56.44 Register of Punishments

All the district superintendents of police and branch heads should maintain a register of punishments in which will be entered the details of all the inquiries instituted against the police officers while in their charge and the punishments awarded.

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Chapter 57

Prosecution by or against Police Officers - Legal Assistance

57.1 General

The provisions of Article 311 (2), Section 197 Cr.P.C. and also the provisions of limitation, as available in the Criminal/Police Acts provide certain safe guard to Police Officers, when criminal or departmental proceedings are initiated against them. A proper appreciation of the above provisions would ensure the ends of law and natural justice, while dealing with complaints against police officers.

57.2 Prosecution against police officers

(1) No police officer shall be prosecuted for any offence committed in the discharge of his official duties, without the prior sanction of the Govt. This provision applies to the police officers in the State irrespective of the rank. An act done in the discharge of official duty or colour of duty is well laid down by Supreme Court and the High Court as discussed here in.

(2) Sanction for prosecution is not necessary in all cases.

A. When necessary: Sanction is necessary when the case falls under the following categories, viz.

(i) The act complained is authorised by a statute or law but became questionable as it was done fraudulently or dishonestly.

(ii) The act complained of though not authorised by statute or law but was intimately and integrally connected with his official duties and thus had a reasonable nexus.

B. When not necessary: Sanction is not necessary when there is no necessary connection between the act committed and the duties and functions of the accused but the nature of duties only gave or furnished an occasion or opportunity for committing the act.

(3) A police officer cannot file a civil suit or launch prosecution in his individual capacity or against another police officer for the acts done in his official capacity except with the previous sanction of D.G.P.

57.3 Punishment after conviction A. The following guidelines should be followed in awarding punishments to the

accused police officer after he is convicted for any offence by a court of law.

(1) A conviction on a criminal charge does not automatically entail dismissal, removal or reduction in rank. The penalty imposed upon should not be arbitrary or grossly

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excessive or out of all proportion to the offence committed or one, not warranted by the facts and circumstances of the case. The disciplinary authority is to take the conviction as sufficient proof of misconduct on the part of the officer and has there after to decide (a) whether the conduct which has led to the conviction on a criminal charge was such as to warrant the imposition of any penalty and (b) if so what should be the penalty or quantum of penalty.

(2) The disciplinary authority must study the judgement of the criminal court and take into consideration all the facts and circumstances of the case and also factors such as (a) the entire conduct of the officer (b) the gravity of the offence committed by him (c) the impact of his misconduct which is likely to have on the administration (d) whether the offence for which he was convicted was of a technical or trivial nature and (e) the extenuating factors, if any present in the case.

(3) The disciplinary authority should do this exercise ex-parte (Suo Moto) and he need not hear the police officer concerned before deciding upon the punishment to be imposed.

(4) If an officer appeals to a higher court and gets a stay order and is in the meanwhile dismissed or any other punishment awarded by the department the stay will be in fructuous. Even in case he appeals to higher court and gets a stay for the suspension of sentence the process of dismissal or other punishment can be taken up by the department irrespective of the stay of sentence unless the conviction is also stayed.

(5) Conviction and sentence to pay fine or release on probation under P.O. Act. Police officer convicted but released on probation of good conduct under section 4 of probation of offenders act can be dismissed or removed from service or other wise punished on the ground of misconduct which led to his/her conviction on criminal charge. In criminal trial the conviction is one thing and sentence is another. The court while invoking the provisions of section 3 or 4 of the probation of offenders act does not deal with the conviction. It only deals with the sentence, which the offender, has to undergo. Instead of sentencing the offender the court releases him/her on probation of good conduct. However, the conviction remains untouched and the stigma of the conviction is not obliterated. Section 12 of the act does not preclude the department from taking action for misconduct, which lead to the offence and to his/her conviction thereon as per law.

B. Where there is a grave criminal misconduct on the part of a police officer, action should be taken in terms of the Sikkim Police Force (Discipline & Appeal) Rules. If prosecution is also launched against such police officer in a criminal court and if the departmental inquiry is completed before the judgement in the criminal court is pronounced, the decision in the departmental proceeding should ordinarily be postponed till the criminal case is disposed of unless the trial of the case is likely to take a long time.

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57.4 Procedure on acquittal in a Criminal case

The following rules shall be observed where the Government servant is acquitted in a Criminal Court :

(1) When a police officer has been tried and acquitted by a Criminal Court or his conviction on appeal is set aside and the same is arrived at by the Court, on the point of his conduct, he should ordinarily be re-instated.

(2) When a Criminal Court acquits an officer on a purely technical ground or due to hostility of witnesses or on some other fact other than misconduct, it does not prohibit the department from proceeding against him in departmental proceedings.

(3) Before deciding to launch a departmental enquiry or while disposing a pending enquiry in the case of a police officer, who is acquitted by the Criminal Court, the competent authority is under an obligation to apply his mind to the requirements prescribed to decide whether it is a fit case to launch or carry on the enquiry.

57.5 Police Accountability Commission

(1) The State Government have constituted a Police Accountability Commission, in accordance with provision of Section 132 of the Sikkim Police Act, 2008 to inquire into public complaints against any police officer for serious misconduct either suo moto or on a complaint received from a victim or any person on his behalf, or from the National or State Human Rights Commissions, or from the Police or any other source. Serious misconduct for the purpose of Chapter 12 of the Sikkim Police Act has been defined as death in police custody, grievous hurt, rape or attempt to commit rape or arrest or detention without due process of law. In all cases directly inquired by it the Commission has all powers of a civil court trying a suit under the Code of Civil Procedure. The Commission on completion of the inquiry communicates its findings to the DGP and the State Government and may also recommend to the State Government payment of monetary compensation.

(2) The Commission shall be headed by a person who has been a judge of the High Court and such other members as provided u/s 133 of the said Act. The functions, powers and other matters relating to the Commission are defined under the Act. As per section 139 the Commission shall devise its own rules for the conduct of its business.

57.6 Rule for the defence of Police Officers in Criminal Prosecutions and Civil Suits for acts done by them in their official capacity

(1) Police Officers will always be protected when it appears to the Government that they have acted in good faith.

(2) If the Government decides not to undertake defence or to act on behalf of the Police Officer the officer may take such measures, as he considers necessary at his own

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expense to conduct prosecution on his behalf or to defend himself. If the verdict is in his favour the Government will ordinarily re-imburse his reasonable expenses.

(3) When criminal proceedings are instituted against a Police Officer, either by Government or with its sanction, the Government as a general rule, declines to undertake his defence. However, in exceptional cases where the Police Officer concerned is unable to arrange his defence at his own expense on account of financial or other valid reasons, the Government may sanction the defence, provided that, (a) the police officer undertakes to refund the entire sum incurred by the Government in connection with the conduct of his defence, if the case does not end in his favour, and (b) the Government is satisfied about the possibility of recovering such sum from the police officer.

(4) When in pursuance of these rules a police officer engages, and is permitted to engage, a counsel for his defence, the Government will reimburse the expenditure to the extent it is allowed to the Government counsel in the concerned court as per rules prevailing.

(5) When a Civil suit is threatened to be launched against a police officer for acts done in the discharge of his official duties and if a notice is given prior to the filing of suit and/or if a written statement is to be filed by the police officer in connection with the suit pending, a copy of his reply to such notice or his written statement shall be submitted to the head of the unit through proper channel. If the unit head decides to defend the police officer, he should examine the reply submitted and issue suitable guidelines after taking legal advice.

(6) When any criminal complaint is to be filed against a police officer in respect of any act committed by him in the discharge of his official duties, prior sanction is to be obtained from the Government. The Director General of Police (DGP) has to scrutinise the complaint and see whether it is within the limitations of the provisions of law. If it is so barred, he shall at once move the Court to dismiss the complaint on said grounds. The Government have to scrutinise, on the other hand, whether the complaint is within the scope of 197 Cr.P.C. The prosecution is to be launched only after obtaining the sanction from the State Government.

57.7 Criminal Prosecution & Civil Suits by Police Officer

(1) Defamation: Sometimes a police officer faces defamatory remarks, statements or imputations in respect of his conduct in discharge of his official functions, made by individuals or published in newspapers. In such cases they may decide to launch a criminal case of defamation u/s 500 I.P.C. and they may apply to the Government for sanction to prosecute. Every complaint referred to the Government shall set forth the facts which constitute the offence alleged, the nature of such offence, and

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such other particulars as are reasonably sufficient to serve notice to the accused of the offence alleged to have been committed. If the Government accords sanction, the Public Prosecutor shall file a complaint in the Sessions Court directly without being committed to it through the lower court and the Public Prosecutor will conduct the prosecution at State cost. Whenever the Head of the Department or Unit comes across such derogatory remarks published in press or otherwise they should take initiative in the matter in this manner.

(2) If the sanction of the Government can not be obtained, the Police Officer may file a complaint on his own in the court of a Magistrate as per the ordinary procedure.

(3) The institution of a civil suit on behalf of the State requires the sanction of the Government. In all such suits and in suits by or against police officers which go to the Government for sanction the plaints and written statements should except in cases of emergency require approval of the Government, before they are filed. After the approval, the DGP can act further on behalf of the Government and if a civil suit is instituted against the State in connection with a matter concerning the police department, the district Chief of Police shall refer the matter to the Addl. D.G.P./IGP, CID. As the defence of such suits ordinarily falls upon the Government Pleader of the area, the Addl. D.G.P./ IGP, CID will secure his services through the Government. Same procedure may be followed in respect of writs also.

57.8 Legal advice to be obtained in regard to litigation affecting the State

The State Government considers it desirable that, in regard to litigation by or against the State, legal advice should always be obtained before a suit is instituted or the defence of a suit undertaken on behalf of the State. It is not necessary that such advice should be obtained merely because the notice of a suit against the State is given under section 80 of the Code of Civil Procedure but in important cases it may be desirable for the officer dealing with the notice to obtain legal advice regarding it. Though officers are competent to sanction the filing of defence of suits on behalf of the State, they are not bound to follow the legal advice, and if they decide to reject it, they must place the reasons for their decision on record.

57.9 Appearance and preparation of affidavits and counter-affidavits in writs filed against the Government

In cases where the Government has been impleaded as a party, the Government will approve counter-affidavit and swear to it before filing it in the High Court. In other cases involving small matters of local importance, of which the Government has no special knowledge or where no general issues are involved, no useful purpose may be served by the counter-affidavit being approved by the Government. In such cases, the draft counter-affidavit need not be submitted to the Government for

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approval, provided that the Head of the Department ensures that the public interest is safeguarded, that the counter affidavit brings out the views of the Government clearly, and that where there is doubt regarding the correct interpretation of the laws, rules or notifications, the matter is referred to the Government.

57.10 Writs against Police Officers

Whenever any writ is filed against a police officer, such as habeas corpus, the respondents concerned who are directly involved, should promptly prepare a well drafted report for preparing a counter affidavit in consultation with the law officer or the public prosecutor before submitting to the Ld. AG/AAG.

57.11 Claims for loss of services against members of the public for injury caused by them to Police Officers

Police Officers should report promptly to DGP through their superior officers the full facts regarding any injury sustained incapacitating them from service either temporarily or permanently, whether on or off duty owing to the negligence of a member or members of the public. The question of instituting a claim for loss of services against the party alleged to be responsible for the injury will be decided by the Government in each case in consultation with its legal advisers.

57.12 Assistance to be given to Police Officers - when they sue or are sued, prosecute or are prosecuted for acts done in discharge of their official duties

The Police Department and Government are committed to protect and support officers who are harassed by vindictive litigation by unscrupulous and disgruntled elements for discharging their legitimate duties. False and malicious allegations are often made against police officers with a view to hamper and embarrass them in the proper discharge of their duties. Such Officers unless supported may become disheartened and resigned to their fate and in the process even a good officer may not contribute productively to the department. Once it is reasonably established that an officer is drawn into vexatious litigation, he shall be given all protection by extending legal aid and such other departmental/administrative assistance as may be deemed proper in each case.

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57.13 Nodal Authority

The ADGP/IGP, CID shall be the nodal authority in the PHQ to deal with all cases of prosecution by or against police officers at the department level.

Note: The provisions as incorporated in the different orders in the chapter are in accordance with the established law and procedure and also the established judgements of the Supreme Court. Some of the relevant judgements are mentioned below :

Citation Points decided

1 Union of India Vs Tulsi Ram Patel & others

1985(2) SLR, S.C. 576

(1) Departmental Action &(2) Inquiry in case of conviction.

2 Satyavir Singh & othersVs Union of India

1986(1)SLR, S.C. 255

(3) Inquiry - when not practicable.(4) Inquiry - not expedient.

3 Nelson Motors VsUnion of India

1992(5)SLR, S.C. 394

(5) Departmental Inquiry - Acquittal.

4 Nand Kishore Prasad VsState of Bihar

1978(2)SLR, S.C. 46

(6) Departmental Action - Acquittal.

5 Corporation of Nagpur VsRamachandra

1981(2)SLR, S.C. 274

(7) -do-

6 State of Tamilnadu VsP. M. Balliappa.

1984(3)SLR, Mad 534

(1) On Moral Turpitude.(2) Misconduct in private life.

7 Daya Sankar VsHigh Court of Allahabad.

1987 (2)SLR, S.C.717

(1) On Moral Turpitude(2) Misconduct in private life.

8 Union of India VsBakshi Ram

1990(2)SLR, S.C.65

(1) Departmental action - Conviction.(2) Probation of offenders Act.

9 Dy. Director of CollegeEducation Vs S. Nagoor Meera

1995 (2)SLR, S.C.379

Departmental action - Conviction.

10 I.G. of Police VsThavasia Home

1996(1)SLR, S.C.565

(1) Who can initiate proceeding.(2) Disciplinary authority.

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Chapter 58

Police Public Relations & Community Policing

58.1 Introduction

Police organization, in a democratic polity can discharge its duties effectively only with the cooperation of the people. Public assistance is needed for prevention, detection, investigation and prosecution of cases, and also for maintaining peace during all major social, cultural, economic and political events. Police also need assistance of the public as witnesses, informers and supporters. The police should, therefore, endeavor to create impression in the public that they are their friends and are there to help them in case of need. For eliciting and sustaining such a co-operation and clarify certain misconceptions that the public may have about police working constant interaction with the members of the public needs to be maintained by a well defined public relations(PR) set up within the organization.

58.2 Organization and Structure of Police PR Wing

Director General of Police may appoint any officer of the rank of DIG & above as the Public Relations Officer at the State level. Each district SP will function as public relation officer for his district. Assistance of professionals in print and visual media, as well as, advertising may be taken for the job at the State Police Headquarters. In the other units of the police the PR functions shall be handled by the head of the office not below the rank of SP. However, other than the district police chiefs interaction with the media by any police unit shall be through the PRO nominated by the DGP.

58.3 Functions of the PR Wing

(1) The overall profile of the police department and its PR objectives are to be borne in mind in all PR interactions. The PR wing should be attuned to serve the interests of the public and the goals of the organization. Since, the services to be rendered are linked closely with the lives, possessions, liberties, rights and honor of all persons, it is all the more necessary that the public relation functions become a part of the police organization’s work.

(2) Illustrate and notify the public the objectives of the police, the rights of the public under law, the services which the police can render to the public etc.

(3) Highlight the constraints and problems of police. (4) Disseminate information to the public on police matters particularly on important

incidents and crimes. Apprise the public on importance of preservation of crime

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scenes for evidentiary value, informing them about the importance of giving truthful information and furnishing clues, if any, in their knowledge and also the need to come forward to give evidence in courts and that it is a part of service to the society. In times of emergencies, serious public order situations and outbreak of crime, they should provide all the information required to the Police.

(5) To identify favourable as well as adverse criticism on behaviour of police officers as reported in the media or by other sources and bring the same to the notice of DGP and other concerned unit officers along with the press clippings and with their instructions issue rejoinder with facts of the case.

(6) Maintain interaction with voluntary organizations particularly the ones dealing with the problems of children, women, scheduled castes, scheduled tribes and minorities.

(7) Production, display and distribution of brochures, short films etc. to bring out the areas of police-public co-operation highlighting important aspects of police work.

(8) Launch internal awareness programmes through in-house circulars, video exhibitions, seminars, meetings etc.

(9) Arrange press conferences with senior officers when necessary. (10) Maintain close relations with media and organize seminars involving media

personnel and police officers to evolve better communication, understanding and co-operation.

(11) Ensure regular updating of the police website and uploading of any event/happening of significance that needs to be brought to the attention of the public.

58.4 In House Publications

This is a channel of communication for the police personnel of all ranks to get themselves acquainted with the police functioning in all respects. It provides a medium for expression of views and communication of various developments in the department from time to time. It is also a means by which the personnel can communicate with one another. The contents of these print outs should be devoted to discussion on police duties, personnel problems, cases of good work, updating of knowledge, and the views of the public. The policies of the department and the legal changes are also incorporated in the departmental publications.

58.5 PR as Part of Police Training

The training programmes of the Constables and other police officers should include a module on public relations. Stickers, motivation posters for different categories of officers and a short poster on code of conduct, do’s and don’ts for field police officers should be displayed at all police stations, training institutions, inside police buildings, police rest houses, barracks, parade grounds etc. to improve the communication with the employees. Bulletin board is an effective medium of internal communication

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which serves the purpose of talking to the personnel and listening by the personnel. This has to be a permanent information fixture particularly in the police stations, police headquarters of the districts and the headquarters of the battalions and the police training institutions.

58.6 External Public Relations

PROs should be in regular touch with the Information and Public Relations Department of the State Government, Doordarshan, All India Radio, the Directorate of Field Publicity of the Government of India, media persons etc. and organize publicity for all good work done by the police without being panegyric. The external public relation campaign should be designed to inform, educate, build awareness and confidence in the minds of the public by adopting the following methods :

A. Educative slogans: These can be publicized through posters, hoardings, newspapers, radio, television, printed literature, electronic display, meetings with voluntary bodies, audio visuals and direct interaction with public.

B. Newspapers: This is a powerful medium and is read by a large number of people. Those who read and discuss about what they read influences a still larger number. Regular press releases in a neat format containing information from time to time on important policy decisions, events, bundobusts, crime, clarifications, traffic diversions, law & order situations, arrangements for fairs, festivals, elections and in times of emergencies would go a long way in keeping the public properly informed. Press conferences by senior officers occasionally, and whenever situation demands is a useful method of direct interaction with the press and also indirectly with the public. Rejoinders, letters to the Editor and clarifications in a proper format would enable clarifications and action taken on grievances brought to the notice of the public. Press clippings provide useful feedback to the police officers and enable them to respond or take suitable measures.

C. Electronic Media: The educative slogans may be displayed or read out through the electronic media and radio. Arrangements to make special announcements in the news channels and in cases of emergencies even by interrupting the normal programmes are an effective means of communications. Interviews with senior officers, telecast on specific topics or matters of interest would also help in improving the information to the public. Press releases made to the newspapers should also be conveyed through the radio and television channels. The other forms of audio and visual media which can be utilized are documentaries, commercial spots, panel discussions, talks, special announcements, special audience programmes, film strips, cinema slides, video cassettes, news photographs, and photographs for TV and record albums.

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D. Advertising: The main objective of advertising is to disseminate information of major schemes or situations, significant achievements, building up of an image based on performance. It is also a method of presenting the good news covering the major achievements, which sometimes the media may not normally print or give due position or importance. This may be done in all the three media particularly in the print and the visual media. Advertising may be done through press, radio, TV and film ads, and outdoor hoardings and also through classified public service and institutional advertisement.

E. Audio-Visuals: This is an effective means to give a glimpse of the functioning of the organization for the benefit of employees as well as others and to select audiences like visiting dignitaries, elected representatives, institutions, students and those who visit the departments and its facilities.

F. Exhibitions: Trade fairs, industrial and agricultural exhibitions can be utilized for visibility campaign by erecting police stalls and portraying the work being done by the Police department.

G. Traditional Media: This media through songs, dances, drama, and other folk forms lends itself as a very good media for communication with the public. Being live forms they have a powerful appeal if properly conceived and correctly portrayed. Apart from professionals, police officers themselves who have the necessary talent can be utilized to stage such programs. Talented teams can be prepared to tour different areas staging plays and other programmes utilizing the latest sound, light and music equipment.

H. Other Media: This includes open house discussions, bulletin boards, sponsorship of sports, art and culture, professional awards and scholarships etc. The sports and culture media is of advantage as policemen have the capacity to display talents in mass drill/martial arts. These shows attract large gatherings and are a good means of communication.

I. Verbal Communication: Conferences, meetings, group discussions, seminars, meeting with the public should be fully used and utilized for developing sound police public relations.

J. Meeting the public: The grievances of the public will be known better if the officers meet the public face to face and interact with them. These meetings should take place when the officers go on tour or on inspection to various villages and localities or when members of the public visit offices. Meetings on specific subjects or on specific problems with those affected or likely to be affected should also be convened to know the correct facts and the feelings of the public apart from their views.

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K. Evaluation: It is also the duty of the PR set up and senior officers to evaluate from time to time the impact of the public relation programmes and make suitable modifications to improve the impact of the information on police public relations.

58.7 Some specific steps to better Public Relations

a. Sharpen staff communication skills and maintain good media relations by both receiving and transmitting information of interest to the organization;

b. Staff should keep the eyes and ears open to peoples’ reactions;c. Police should act as an ambassador of the department;d. Police leadership should create an all-round understanding of management problems

and actions;e. Efforts should be made to project the image to all sections of the people;f. Identify problems and measures to solve them;g. Serve as facilitator of communication between the department and the public;h. Police officers must keep their private lives clear, be truthful and honest in thought

and deed.

58.8 Do’s and Dont’s for Public Relations Officers

(1) Following are some of the things which the police PROs should do and develop in themselves :

a. Skill in communication and full knowledge of both mass and traditional media;b. Intimate knowledge of the organization to act as a source of information; c. Ability in voracious reading, writing, speaking and patient listening; d. Anticipating change and ability in understanding human environment; e. Organizing ability and capacity to get along with people; f. Extrovert, team spirit, positive thinking; g. Good at media relations to get fair coverage; h. Eyes and ears to represent both the department and public; i. Possess good imagination and sound judgment; j. Be honest, sincere and hard-working.k. Appreciate & not always criticize.

(2) The PR wing staff should avoid doing the following things:

a. Never think public relations are ‘panacea’ to all police problems; b. Never be a panegyric; c. Never seek personal publicity.

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58.9 Liaison with State Information and Public Relations Department and other such agencies

Government has a full-fledged, well equipped and organized public relations network in the State. The facilities, equipment and infrastructure are meant for all government departments including the police department. They have representative units in every district and maintain constant interaction with the news media. The PR organization in the police must be in close touch with the State Information Department and provide all material to them to disseminate information regarding the police. The public relations campaign of the department including issue of press releases can be successfully done through cooperation of the State public relations wing including their units in the districts. The SsP should similarly utilize the services, equipment, infrastructure and other facilities available with the department in their districts. There should be frequent interaction with them so that the larger infrastructure can assist the police in better communication with the public. The Government of India has its organizations like Directorate of Field Publicity and Audio-Visual Publicity, Publications Division, Doordarshan, and All India Radio connected with the department of Information and Broadcasting. A proper liaison is necessary with these organizations that have a responsibility for conveying information of any government organization to the public. In fact, the Doordarshan and the AIR have specific policy priorities to convey matters of police interest or emergencies. Even though these organizations have other priorities they do take up police programmes on a regular basis. Doordarshan, particularly the local channel, can have a specific time fixed for police programmes.

58.10 Community Policing: Concept, Application and Areas

Community Policing like normal policing is done in consultation, cooperation and partnership with the community at large. Community Policing is both a philosophy and an organizational strategy, that allows the police and the community to work closely together in creative ways to solve the problems of crime, illicit drugs, law & order, physical, and social disorder, neighborhood decay and the overall quality of life in the community. The philosophy rests on the belief that people deserve input into the police process, in exchange for their participation and support to the police. It also rests on the belief that solutions to today’s community problems demand freeing both people and the police to explore creative and new ways to address neighborhood concerns beyond a narrow focus on individual crime incidents.

58.11 Principles of Community Policing

(1) The basic mission of police is to prevent crime and disorder as an alternative to the repression of crime and disorder by military force and severity of legal punishment.

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(2) The ability of the police to perform their duties is dependent upon public approval of police existence, actions, behaviour, and the ability of the police to secure and maintain public respect.

(3) The police must secure the willing cooperation of the public to be able to secure and maintain public respect.

(4) The degree of cooperation of the public that can be secured diminishes proportionately to the use of physical force and compulsion in achieving police objectives.

(5) The police should use physical force to the extent necessary to secure observance of the law or to restore order only when the exercise of persuasion, advice, and warning is found to be insufficient to achieve police objectives; and only the minimum degree of physical force which is necessary on any particular occasion for achieving a police objective should be used.

(6) The police at all times should maintain a relationship with the public. They should follow the principle that police are the public and that the public are the police.

(7) The police should always direct their actions towards their functions and never appear to usurp the powers of the State or the judiciary by avenging individuals or authoritatively judging guilt or punishing the guilty.

(8) The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with them.

58.12 What is Community Policing and what it is not?

I. Community Policing is:

(a) A philosophy based on the concept that Police Officers and private citizens’ work together in a creative way to help solve contemporary community problems related to crime, fear of criminals, disorder and neighborhood decay;

(b) Developing a new relationship with law abiding people in the community, allowing them a greater say in setting local policing priorities, and involving them in efforts to improve overall quality of life in their neighborhood;

(c) Shifting of focus of police work from handling random calls to problem solving;(d) Putting the Beat Police Officer in face-to-face daily contact with people in the area

so that the officer owns the Beat areas, develops rapport with the people and earns their trust;

(e) A situation where the police serve as a catalyst and the people accept their share of responsibility for solving local problems related to crime, disorder and security;

(f) Down to bottom approach where decision making is decentralized and initiatives come from the local community and the beat police officer.

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II. Community Policing is not:

(a) A technique (b) Mere Public Relations (c) Anti-technology(d) Soft on crime (e) A cosmetic change(f) A top down approach(g) Another name for social work(h) Something to be displayed or dramatized

58.13 Object of Community Policing

The avowed object of Community Policing should be to minimize the gap between policemen and citizens to such an extent that the policemen become an integrated part of the community they serve and they earn the acceptance and trust, of the community, leading to spontaneous co operation from people in crime prevention and security in the local area, and resulting in a lasting partnership between the police and the community.

58.14 Characteristics of Community Policing

(1) Citizen input: Community Policing redefines the relationship between the police and the community. Police is required to be responsive as well as accountable. Restructuring of policing priorities according to public expectations is an important component. This also presupposes opening of channels of communication with all law-abiding members of the society and not merely the ‘community leaders’, and using their goodwill and help in preventing crime and disorder.

(2) Nature of Policing: The job of the police is seen as enhancing neighborhood security, resolving conflicts, facilitating victim assistance, reducing fear of criminals and addressing localized community concerns like neighborhood decay etc. There has to be a realization that police function cannot be reduced to the narrow confines of apprehending criminals, call handling and enforcing regulatory laws. The police is expected to actively intercede in respect of such broad functions as Traffic Safety (Education and awareness), Drug abuse, Absenteeism of Children from School, Domestic Violence, Rehabilitation of Victims of Crime, Security of Women and Maintenance of order in public places and streets.

(3) Personalized Service Delivery: Community policing emphasizes quality of service, citizen satisfaction and police’s responsiveness to the community. It requires greater flexibility of response to emerging problems. Orientation of personnel to treat citizens as real people and not merely numbers is essential.

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Attitude of officers heading the Police needs to be helpful and flexible rather than bureaucratic and overbearing. It also requires that citizens are approached both individually and collectively by the Beat Police Officers.

(4) Decentralized Decision making: Community Policing requires an institutionalized internal philosophical support to promote decision making, risk taking, creativity and innovation. It empowers employees, especially frontline policemen, by giving them the authority and support to make decisions. The goal is to free officers so that they become enthusiastic about the possibilities and not to get bogged down by paper work and red tape. Such empowerment will earn the policemen the trust and support of the community and make delivery of quality service possible.

(5) Problem Solving: Pro-active action is an important feature of Community Policing. Proactive steps taken by the police will lead to growth of co-operation from the community and development of a partnership in crime prevention and security in the local area. “Problem-Solving Approach” of the Police is an important facet of pro-active action.

(6) Geographic Focus: Community Policing adopts a geographic focus to establish stronger bonds between officers and neighborhood in order to increase mutual recognition, identification, responsibility and accountability. By its very name Community Policing implies an emphasis on places more. The Beat being the smallest unit of Police work and functions is at the centre of any mode of Community Policing. It is also important that Beat Patrol officers are assigned to geographical beats for extended period of time instead of being shifted frequently.

(7) Police Community Consultation: Every work done by a policeman in the discharge of his duties is, directly or indirectly, a service to the community, and the- policeman cannot expect to accomplish his numerous tasks without active and positive help from the community. So, the very nature of police work is such that consultation with the community becomes a pre-requisite. Consultation with the Community can be both formal and informal. Such consultation should aim at creating an environment, which enhances public peace and ensures effective and efficient delivery of service. The Policemen must consult the community not only to find out the community’s ‘service needs’ but also to find out the ‘manner in which the community wants those services to be delivered. Such consultations should be an ongoing exchange and not an ‘once in a year’ affair. It should be a process of regular dialogue and it should lead to a decision.

(8) Community Participation: Community participation is crucial in any programme of community policing. It also means the people volunteering their time for community projects. It will also mean that people will be asked to solve problems themselves, rather than to turn to the police for formal help. Community policing

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is a way to remind everyone that it is a mutual partnership to help make the area a safe and attractive place to live and work.

(9) Commitment to Community Empowerment: Community policing’s organizational strategy first demands that everyone in the police department must investigate ways to translate the philosophy of power sharing into practice. This demands making a subtle but sophisticated shift so that everyone in the department understands the need to focus on solving community problems in creative, and often ways, that can include challenging and enlightening people in the process of policing themselves. Within the community, citizens must share the rights and responsibilities implicit in identifying, prioritizing, and solving problems, as full-fledged partners with the police.

(10) Ethics, Legality, Responsibility and Trust: Community policing implies some kind of a contract between the police and the citizens they serve. This relationship is based on mutual trust and respect. It also suggests that the police can serve as a catalyst, challenging people to accept their share of responsibility for regulating and improving the overall quality of life in the community. Community policing means that citizens will be asked to handle more of their minor concerns themselves, but in exchange, this will free police to work with people on developing immediate as well as long term solutions for community’s concerns such as crime, drugs, vice and gambling, in ways that encourage mutual accountability and respect.

(11) Expanding the Police Mandate: Community policing adds a vital, proactive element to the traditional reactive role of the police, resulting in a full spectrum of policing services. As the only agency of social control open 24 hours a day, seven days a week, the police must maintain their ability to respond immediately to crisis and crime incidents. Community Policing also broadens the police role so that the police can make a greater impact on making changes today that hold the promise of making communities safer and more attractive places to live tomorrow.

(12) Demonstrating the benefits: The Model for Community Policing can work successfully only when it is owned by those who are supposed to operate it, and who are the most likely beneficiaries.

(13) Selling the idea: Policemen in India see themselves in adversarial situation vis-à-vis citizens and as a class, are resistant to change, and unless the protagonists of Community Policing, manage to sell them the idea, it is apprehended that all Community Policing initiatives will fail. And for ‘selling’ the idea to them, Police Leadership must demonstrate to them the tangible benefits accruing to them. Such benefits can be in the form of people’s help in their day to day work, their raised self-esteem, reduction of stress, and probably lesser work-load etc.

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(14) Grass-Roots Creativity and Support: Community Policing promotes the judicious use of technology, but it also rests on the belief that nothing surpasses what dedicated human beings, talking and working together, can achieve. It invests trust in those who are on the frontlines together on the street, relying on their combined judgment, wisdom, and experience to fashion creative new approaches to contemporary community concerns and problems, and devise innovative solutions.

(15) Internalize Change: Community policing must be made a fully integrated approach that involves everyone in the department, with community policing officers serving as generalists who show the way to bridge the gap between the police and the people they serve. The community policing approach plays a crucial role internally by providing information about the awareness of the community and its problems, and by enlisting broad based community support for the department’s overall objectives.

(16) Building for the Future: Community policing provides a decentralized and personalized police service to the community. It recognizes that the police cannot impose order on the community from outside, but that people must be encouraged to think of the police as a crucial resource that they can use in helping to solve contemporary community concerns. It is not a tactic to be applied and then abandoned, but a new philosophy and organizational strategy that provides the flexibility to meet local needs and priorities as they change over time, with an eye on the future.

58.15 Community Liaison Group

(1) District Superintendent of Police in consultation with the District Magistrate shall constitute a community liaison group for each police station, comprising respective local residents of the area with unimpeachable character and antecedents, including retired public servants and head of teaching institutions, as representatives of the community, to generally advice the police in their functioning.

(2) The community Liaison shall have a fair representation of gender, and all other segments and professions of the society in villages falling in the police station area.

(3) A community liaison shall have two representative nominated by each Panchayat Samiti in the jurisdiction of the concerned police station from amongst its members.

(4) No person convicted by a Court of law or against whom charges have been framed by a Court of law in a criminal case, or dismissed, removed, discharged or compulsorily retired from any employment on grounds of corruption, moral turpitude or misconduct shall be eligible to be inducted into the community liaison group.

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(5) No person who is connected with any political party or any organization allied to the political party, other than the nominated representative of Panchayat Samiti, shall be eligible to be inducted into the Community Liaison Group.

(6) The Community Liaison Group will identify the existing and emerging policing needs of the area, which will be taken into consideration by the SHO while preparing the annual policing strategy and action plan for his jurisdiction for submission to the District Superintendent of Police.

(7) Community Liaison will meet as frequently as necessary, and atleast once in each quarter of a year. The meetings of the community liaison group shall be attended by the Sub-Divisional Magistrate and Sub-Divisional Police Officer as well as the SHO. The meetings shall be open to the public.

58.16 Village/Town Defense Parties

(1) Whenever, it appears on the basis of information received, that there is likelihood of violence or major crime or damage to property in any area, the Superintendent of Police, in consultation with District Magistrate, may direct organization of a group of local respectable person for each village or cluster of villages or town for the purpose of carrying out preventive patrolling, promoting crime reduction measures and generally assisting the police in their functioning.

(2) The group may not normally consist of more than 15 members, with provision of having more than one village/town defense party if the size and population of the village or cluster of villages so require. The composition of the party shall reflect the diversity of the local population including adequate gender representation.

(3) Members will be inducted into the Village/Town defence parties by the Superintendent of Police in consultation with the community liaison group from amongst able bodied persons, and with good character and antecedents, who are permanent residents of that village or town. The Superintendent of Police shall appoint one member as a leader of a party based on his experience and leadership qualities, and may replace a member or the leader in case his work or conduct is not satisfactory.

(4) No person convicted by a Court of law or against whom charges have been framed by a Court of law in a criminal case, or dismissed, removed, discharged or compulsorily retired from any employment on grounds of corruption, moral turpitude or misconduct or who is connected with any political party or any allied organization thereof shall be eligible to be inducted into the Village/Town defence party.

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(5) A village/town defense party shall be organized for a period not exceeding 30 days. Superintendent of Police in consultation with the District Magistrate may extend this period for a further period of 30 days, for reasons to be recorded in writing.

(6) Membership of the Village/Town defense party shall be voluntarily and honorary. The SP will make arrangements for training of the members of Village/Town defence party.

(7) Members of the Village/Town Defence party shall wear the Identification badge issued by the District Superintendent of Police, if considered necessary by him.

(8) Any person who for any reason ceases to be a member of a Village/Town Defence Party shall forthwith deliver to the Superintendent of Police or to an officer authorized by him, his Identification Badge and all records and documents maintained by him as a member of the Village/Town Defence Party.

(9) In the event of any complaint against Village/Town Defence Party or its members, the Superintendent of Police will take appropriate action, including, if necessary, removal of the concerned members.

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Chapter 59

Human Rights and Police Responsibilities

59.1 Introduction

(1) “Human Rights” are basically those rights without which there can be no human dignity.

A. Every human being is entitled to certain natural rights by virtue of his being a member of human society. These rights are called human rights. The Supreme court while interpreting Article 21 of the Constitution of India emphasized that a human being has not only a right to live but has a fundamental right to live with dignity and it is the duty of every other human being to respect that right.

B. As a founder member of United Nations Organization, India is a party to “the Universal declaration of Human Rights, 1948”. India has also ratified the two international conventions on (a) civil and political rights and (b) economic, social and cultural rights. These Universal declarations of rights (1948) were incorporated as fundamental rights in the Constitution of India and are listed under Articles 14 to 32. Some of the important among them are;

(i) Right to every citizen, of equality before law and equal protection of laws.

(ii) Right to freedom of speech.

(iii) Right to assemble peacefully and without Arms.

(iv) Right to form and join trade unions.

(v) Right not to be prosecuted and convicted for any offence except for violation of law in force at the time of committing the offence.

(vi) Right not to be compelled to be a witness against himself.

(vii) Right not to be deprived of his life and liberty except according to procedure established by law.

(viii) Right not to be arrested without being informed the grounds of arrest and to be produced before a magistrate as early as possible but not later than 24 hours.

(ix) Right to consult any one of his choice on his arrest.

(x) Right to defend himself against any allegation, and

(xi) Right to seek redressal by way of writs for any of the above violations made against him.

(xii) Right to participate freely in cultural life.

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C. Our Criminal Justice system is based on “due process of law”, i.e. every act of the Individual, Executive, Legislature or Judiciary is within the framework of law. Police as law enforcement authority are also part of this law. Police in their duties to maintain law and order or in detection, investigation, prosecution of cases directly deal with the public and without public co-operation they cannot discharge their duties effectively. Powers are given to them for effective discharge of duties and not to misuse them. There is also a misconception that results cannot be achieved unless third degree methods are used and it is not possible to deal with some hard core criminals and suspects within the framework of law. This is not correct. There is no conflict between strict law enforcement, relentless pursuit of offenders, punishment of offenders on one side and observance of human rights on the other.

D. Various forms of custodial violence, torture, ill treatment of women and children, fabricating false cases against innocent persons and attempts to save real culprits, lockup deaths, custodial rapes, acts of omission or commission against weaker section, poor and less-privileged, unwarranted arrests, unlawful searches and excessive use of force are some of the manifestations of human rights violations by police. Police officers who are to uphold the law should not and cannot themselves indulge in illegal acts. It, undermines human dignity, brutalizes the police system, forfeits the trust of people and the judiciary and above all affects the image of the police organization as a whole. It also exposes the police officers to the risk of criminal liability and punishment. Custodial violence and tortures do not act as short cuts in any significant way to achieve the goals and objectives. In fact they are the tools of an unprofessional and unscientific police officers.

E. The other practices to be strongly put down are rude and discourteous behaviour, refusal to entertain complaint, over bearing attitude, minimizing the gravity of offence, delayed or poor or biased investigation, taking sides, perverse enquiries into complaints, unjustified searches and arrests. Such practices will assume complex dimensions if victims are women or belong to weaker sections.

59.2 Reasons for violation of human rights by police

(1) Some of the reasons for violation of human rights by police can be attributed to the following :

A. Lack of interrogation techniques & training.B. Lack of scientific temper and professionalism.C. Lack of knowledge of criminal law and procedures for investigation.D. Unrealistic public expectation for results.E. Political and official pressures for quick results.F. Misconception that laws are not sufficient to achieve results legally.G. Sadistic pleasure on the part of some police officers.

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(2) Even today many of the police interrogations are crude and devoid of scientific techniques. Scientific temper in the investigation is becoming a casualty due to lack of aptitude in acquiring professionalism. The entire investigation of a criminal case is inter-woven with the law and procedure. The evidence is to be gathered in tune with the law of evidence, acceptable in criminal courts. Investigation in a criminal case is to be placed for the test of criminal courts of law, challenged by the legal experts on behalf of the accused. But, the present legal knowledge of an investigating officer is limited to the knowledge he acquired during his induction training. If he gets equipped with sufficient legal knowledge through refresher courses etc. on interrogation and investigation, much of these crude methods could be avoided. Sufficient knowledge of law, will also remove his misconception, that law is not sufficient to achieve results. A well trained police officer with an aptitude to learn interrogation techniques, acquiring professionalism, taking advantage of the latest scientific aids at his command, need not turn to brutal measures to achieve results.

(3) Police officer, as one directly dealing with public, should constantly bear in mind that he needs the assistance of public either to maintain law and order or to gather evidence from witnesses or in obtaining clues during investigation. He can get such co-operation from the public only when he is polite and courteous in his dealings. Even, in dealing with the accused, there is no scope for vindictiveness. He should understand that his act has to be within the framework of law and he should not exceed legal limits in his undue anxiety to get results.

59.3 Human Rights of different sections of public Every police officer must be aware of the legal rights of various individuals to enable

him to respect such rights, not only because it is prescribed by law but also because it will earn him the good-will of the public.

(1) Human Rights of VictimA. When a cognizable case is presented, it should be registered forth-with by the SHO,

furnishing a copy free of cost to the complainant.B. Render immediate medical aid by moving him to hospital if he is injured.C. Protect him from further danger if necessary.D. Inform the stage of investigation from time to time.E. Do not make the complainant feel that he is being harassed more by the police than

the accused.F. Furnish the necessary documents to victim or his legal heirs of accident cases free of

cost to enable them to claim compensation in tribunals.G. Do not ask the complainant to go to the jurisdictional police station if they approach

the wrong police station. Register the case and transfer it.

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H. Let the complainant feel free when he represents his case and do not frighten him to give a wrong impression that police are not his friends but masters.

(2) Human Rights of WitnessesA. Examine witnesses at their place and do not call them to police station unless it is

difficult or impractical.

B. Examine women and children at their places of residence.

C. Remember witnesses are there to help investigation. Therefore deal with them courteously.

D. Child witnesses should be handled with special care.

(3) Human rights of suspects or Accused

A. While surveillance as prescribed in the police regulations, authorized by law and approved by the Supreme Court in AIR SC 1975 page 1378, is permissible, unnecessary intrusion into the privacy of persons is forbidden. Therefore, a margin on the right lines should be drawn to avoid any interference with the right to privacy.

B. Interrogation of suspect is a power vested with the police. But, interrogation should be within the legal framework. Prolonged detention in the name of interrogation may amount to harassment.

C. Searches of places and more so dwelling houses have to be made strictly in accordance with procedures laid down u/s 100 CrPC. Police officer entering dwelling houses for searches should observe decency and decorum respecting the sentiments of women while discharging their duty. The assistance of women constable or women witness should be taken while searching the person of a woman. Any unlawful search not only vitiates the purpose but gives opportunity to the accused to use the right of private defense.

D. Attempts to torture accused or suspects to obtain confessions are not only an offence under Section 330 or 331 IPC but are useless as such evidence is not admissible under law. Besides, there is a danger of the suspects or accused confessing falsely in order to escape physical torture, in which case, one is likely to be misled in his investigation.

E. No accused should be forced physically or psychologically to say anything which is likely to be self-incriminating. Such evidence is prohibited under article 20 clause (3) of the Constitution but voluntary disclosures of their own free will, while in police custody and discovery of a fact in consequence to that information is admissible under Section 27 I.E. Act.

F. There should be no arbitrary arrest. All arrests must strictly conform to the requirements of law and procedure. Arrests need not be made just because a police

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officer has a power to arrest. The necessity to confine should be the guiding principle. The person to be arrested is entitled to know the grounds for arrest as per Article 22 of the Constitution and Section 50 of CrPC.

G. Every person arrested should be informed that he has right to go on bail, if it is a bailable offence and he should be informed that he may arrange for sureties (Article 22 of Constitution and Section 50(2) of CrPC).

H. The arrested person shall not be subjected to more restraint than is necessary to prevent his escape (Section 49 CrPC). Handcuffs should not be used without the orders of the court.

I. An accused person arrested shall have the right to be examined by a medical practitioner (Section 54 CrPC).

J. An arrested person shall not be detained unnecessarily for a longer period than is necessary and at any cost should be produced before a magistrate within 24 hours excluding journey time (Section 57 CrPC).

K. An arrested person is entitled to consult any one of his choice and it shall not be denied (Article 22 of the Constitution).

L. An accused charged of any offence has a right to be defended by an advocate of his choice (Section 303 CrPC).

M. During custody, an arrested person is entitled for fair treatment and no custodial torture or ill treatment is permissible.

N. Most of the custodial deaths take place during illegal detention. Produce the accused within 24 hours of arrest and obtain police custody from court for interrogation, if necessary. This will increase the responsibility of police and minimize irresponsible custodial tortures.

O. There should be proper briefing of their subordinate officers by the SHOs and periodical inspection of ‘hazats’ by the senior Police officers.

(4) Human rights of Women A national policy for custodial justice to women was recommended by an expert

committee on custodial justice to women (1983). Following are some of the important guidelines for police officers dealing with women:

A. Women shall be shown special treatment wherever they interfere with the system whether as complainants, victims, accused, witnesses or inmates of an institution.

B. Separate prisons and police lockups, correctional centres and separate courts shall be set up exclusively to deal with cases relating to women.

C. Recognizing the children of custodialised women as innocent, the State shall conscientiously respect the rights and privileges of the children accompanying the women in custody.

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D. The police, prison, correctional, judicial personnel dealing with women shall be specially trained.

E. Women shall be arrested only in case of absolute necessity and only between sun rise and sunset except in exceptional cases.

F. Arrests and search of women including interrogation shall be conducted according to strict standards of decency. Women police officers shall search women and escort women prisoners.

G. Basic amenities and privacy shall be provided to women prisoners.

(5) Human rights of Juveniles Juvenile Justice (Care and protection of children) Act, 2000 is a human rights

legislation and is enacted to lay down procedures while dealing with neglected juveniles and juveniles in conflict with law. Every police officer should be acquainted with the provisions of this Act while dealing with juveniles in conflict with law. The following are some of the important points relating to juveniles:

A. When a juvenile in conflict with law is apprehended for committing any offence, he shall not be kept in lockup or handcuffed. He shall be released on bail whether the offence is bailable or non-bailable provided an undertaking is given by his parents or guardians to take care of him and for his production in court. If anybody does not offer surety, he shall be forwarded to observation home pending completion of enquiry.

B. Interrogation of a juvenile in conflict with law should be done with sympathy, care and caution.

C. Juvenile should be questioned in a kind and firm manner.

D. Whenever a statement of a juvenile witness is to be recorded, he should be made at ease and effort should be made to facilitate him to speak the truth away from influences.

E. No security proceedings should be launched against a juvenile.

59.4 The Protection of Human Rights Act, 1993

(1) It is applicable to the whole of India.

(2) Human rights are, the rights relating to liberty, equality and dignity of the individual guaranteed by the Constitution.

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59.5 The National Human Rights Commission

(1) The National Human Rights Commission has been formed comprising a Chairman and four members.

(2) In addition to this, the Chairperson of National Commission for Minorities and the Chairperson of National Commission for Women will also be the members of the National Human Rights Commission.

(3) The headquarters of the Commission is at Delhi and the Commission functions through the Secretary General, who is also the chief executive officer of the Commission.

(4) The members of the Commission will hold office for five (5) years.

(5) Functions of the Commission :

A. The National Human rights Commission can suo-moto under-take enquiries on information or on a complaint of violation of human rights or abetment thereof or against officials not preventing such violation.

B. The Commission can intervene in any proceeding involving such violation pending before a court.

C. The Commission can visit any jail or any other facility for retention where persons are allegedly confined. The commission can also summon any person and examine him/her on oath.

D. The commission can also receive any document or affidavit, petition etc.

E. The Commission can ask for investigation by any Central or State government agency.

F. After enquiry the Commission has the power to direct the State or Central Government to initiate prosecution.

G. The Commission will submit an annual report to Central Government and to State Government concerned about violation of human rights that were brought to its notice.

59.6 State Human Rights Commission

The Sikkim State Human Rights Commission has been constituted by the State Government in terms of Section 21 of the Protection of Human Rights Act, 1993 to inquire into violation of Human Rights etc. The appointment of chairperson and members, their terms and conditions and functions of the Commission shall be as provided under Chapter V of the Protection of Human Rights Act, 1993.

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59.7 Code of Conduct for the police to avoid allegations of violation of human rights(1)-A. Police are expected to work within the framework of law and are not expected to

take law into their own hands on the plea that the existing law is not sufficient. They cannot play the role of lawmakers and judiciary. It is for the other wings to take care on the point of sufficiency or insufficiency of law. Police are only expected to play the role of an enforcing agency.

B. The police in establishing and enforcing law must as far as practicable, use the methods of persuasion, advice and warning. When use of force is inevitable, it must be as per the procedure and the minimum.

C. The police officers must remember that they are also members of civilized society.

D. They should remember that their efficiency depends upon the ready co-operation of the public.

E. They should always be courteous, well mannered, dependable, predictable and impartial.

F. They should remember their limitations and shall not usurp the functions of judiciary.

59.8 Awareness The human rights awareness includes awareness about the rights of the accused,

victim and the rights of the general citizens. A growing awareness will reduce these violations. This is also possible by educating the law enforcing authorities. They should be well educated on these issues. Accessibility to the public and prompt response to their grievances goes a long way in protecting the human rights. Enactment of laws or making amendments in laws may help to a certain extent but what is really needed is a change in attitude and proper understanding of human rights & human touch.

59.9 Duties of Human Rights Cell in the Office of the DGP(1) A Human Rights Cell has been established in PHQ under the charge of SP/CID.

The role and duties of this Cell are as follows:

A. The Human Rights Cell acts as the main link between the NHRC, SHRC and the State Police agencies.

B. All important cases/complaints referred by the Commission to the State Human Rights Cell wherever specifically indicated, are got enquired into by an officer of appropriate level. Thereafter, the recommendations made by the Commission are to be followed up to ensure that appropriate action against the delinquent officials is initiated and remedial measures taken.

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C. To keep watch on the alleged violations of Human Rights by police personnel.D. Monitoring of timely replies to enquiries/cases relating to police atrocities/

harassment/abuse of authority, sent by the Commission to the various State Police authorities and ensure follow up action wherever specific directions have been passed by the Commission by way of compliance.

E. Human Rights Cell will regularly interact with the District SsP on human rights petitions/complaints and issue instructions/guidelines, so as to minimize and prevent violations of human rights by the police.

F. To take such other steps as may be necessary for preventing violations and protecting and respecting the Human Rights of the citizenry who come in contact with the police functionaries.

G. To coordinate with State Police Training Centre to ensure that their in-service training curriculum have sufficient elements of human rights jurisprudence for the trainees of all ranks. Such a module would aim at educating and sensitizing police personnel on the following matters:

(a) Constitutional provisions relating to rights of citizens. (b) Key provisions in the substantive law that provide explicit “DO’s” and “DONT’s”

in matters of arrest, interrogation, search and seizure etc. (c) Landmark judgements of the Supreme Court on human rights matters; and (d) The implications of fall-outs and non-observance of the human rights guidelines/

instructions/laws, while discharging their duties and responsibilities.H. Organize inter-active sessions/capsule courses of appropriate duration in training

institutions where prominent personalities, lawyers, NGOs are called for participation.

I. Compilation of the departmental circulars and directions on the human rights mandate, issued by the DGP from time to time and see that these are re-circulated for recapitulation.

J. To identify specific areas of societal human rights violations in the State and to plan out preventive and rehabilitative schemes in conjunction with the concerned Departments (for instance in the field of child rights, child sexual abuse, child labour, gender justice, juvenile justice, non-criminal mentally ill lodged in prisons, discrimination towards the under-privileged, Backward/SC/ST in specific areas etc.)

K. Actively promote human rights literacy and awareness through publications and media programmes.

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Chapter 60Disaster Management Duties

60.1 Introduction(1) Disaster is a catastrophe, mishap, calamity or grave occurrence in any area, arising

from natural or manmade causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of property, or damage to, or degradation of environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area.

(2) Disasters are frequently described in quantitative and tactical terms like the number of dead and injured, the extent of damage to buildings and other physical resources, the number of homeless, the ultimate economic costs etc. Yet for victims and helpers both, it is the suffering that the disaster brings, the human terror, anguish and despair etc. are most vital. People suffer not only physical damage, but also considerable psychological damage is caused by the disasters.

(3) The police, who perform the central role in dealing with the problem, are therefore required to perform the role sympathetically, sensitively and with kindness. The welfare, morale and stress issues of the police force have to be attended to by the senior managers of the Police force in order to achieve best possible results.

60.2 Unpredictability of Disasters Most major disasters occur largely as unforeseen events. Any reasonable

prediction or anticipation of a catastrophic event usually results in action intended to reduce the ‘probable’ to at least the ‘possible’ and ideally to the ‘most likely’. The obviousness of the point that disasters are unforeseeable is often overlooked during the process of post-incident enquiry when the clarity provided by hindsight reveals, the specific factors which could/should have been spotted and resolved in order to avoid the onset of the disaster.

60.3 The Initial Police Role Although Police provides the initial response to an incident and, together with the

other emergency services, conducts rescue and first aid activities, the sheer scale of a major disaster means that most of the core management functions involved in the post rescue phase are beyond the experience of most Police forces. An efficient management can do much to assist officers to cope with the onerous experiences associated with major disasters by way of planning in respect of predictable/foreseeable disasters and training, in general, for all types of disasters. In fact, the frequency of all categories of disasters, varying from earthquakes to road accidents and perennial landslides, droughts and floods, is escalating, resulting

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in multifold growth of injuries, disabilities, diseases, and deaths, disrupting life supporting systems, and adding to the health, social and economic burden of an already impoverished people.

60.4 Features of Disasters

A disaster has the following main features :

Unpredictability.Unfamiliarity.Speed.Urgency.Uncertainty.Threat.

60.5 Types of Disaster

(1) Disasters can be broadly divided into two categories –

(a) Natural - Natural Disasters are not controllable because, nature is not controllable.

(b) Man-made disasters. The Man-made disasters on the other hand are a rapidly increasing phenomenon in the present day Technological Society because these occur as a result of human failure or error or malfunction of some structure or system designed by man. Similarly, while there is sometimes an element of warning in natural disaster, there is generally none in man-made disaster and this lack of warning makes avoidance difficult.

60.6 The Classification

Following different types of disasters are prevalent under the various categories :

(a) Natural Disasters - These can be of the following types.

i. Floods ii. Landslides iii. Storms iv. Droughts v. Earthquakes (Sikkim falls under Seismic Zone IV-V) vi. Avalanches vii. Heavy Snow fall viii. Forest fires

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(b) Man-made Disasters :

i. Fires ii. Explosions iii. Building collapse disasters iv. Industrial accidents v. Football Tragedies vi. Holocausts in Civilian Violence, Terrorism and mass shootings. vii. Stampedes

60.7 Natural Disaster Management in India

The Disaster Management Act, 2005 defines “Disaster Management” as a continuous and integrated process of planning, organizing, coordinating and implementing measures which are necessary or expedient for prevention of danger or threat of any disaster; mitigation or reduction of risk of any disaster or its severity or consequences; capacity building; preparedness to deal with any disaster; prompt response to any threatening disaster situation or disaster; assessing the severity or magnitude or effects of any disaster; evacuation, rescue and relief; and rehabilitation and reconstruction.

60.8 Administrative Structure at Central Level

The Central Government, with its resources, physical and financial, does provide the needed help and assistance to the State/UT Governments to buttress relief efforts in the wake of major natural disasters. The dimensions of the response at the level of Central Government are determined in accordance with the existing policy of financing the relief expenditure and keeping in view factors like (1) the gravity of a natural calamity; (2) the scale of the relief operation necessary, (3) the requirements of Central assistance for augmenting the financial resources at the disposal of the State Government.

60.9 Home Ministry - The Nodal Agency

Ministry of Home Affairs, is the nodal department for all matters concerning natural disasters relief at the Centre. The National Contingency Action Plan (CAP) facilitates launching of relief and rescue operations without delay. The CAP identifies initiative required to be taken by various Central Ministries and Public departments in the wake of natural calamities, sets down procedures and determines the focal points for action by various agencies.

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60.10 Authorities/Committees at the National Level

A. National Disaster Management Authority (NDMA)

A National Disaster Management Authority with the Prime Minister as its head and other members not exceeding nine with one member nominated by the chairperson acting as the vice chairman has been constituted to lay down policies for disaster management, approve plans prepared by the ministries, lay down guidelines to be followed by State authorities and recommend provision of funds for mitigation of disasters and take such other measures necessary for the mitigation, preparedness, capacity building etc. in respect of disasters.

B. National Executive Committee (NEC)

(i) Secretary to the Government of India in-charge of the Ministry/Department having administrative control of disaster management, i.e. the Union Home Secretary is the ex-officio chairperson of the Committee. Other members of the Committee are Secretaries of Agriculture, Atomic Energy, Drinking Water, Environment & Forests, Department of Expenditure, Health, Power, Rural Development, Science & Technology, Space, Telecommunication, Urban Development, Water Resources and chief of Integrated Defence staff to give necessary decisions and direction to the concerned authorities. [For grave crisis affecting the nation there is of course the Cabinet Committee and the National Crisis Management Committee under the Cabinet Secretary for management of the crisis and give necessary directions].

(ii) The Central Relief Commissioner, who also functions as the Joint Secretary, NDMA coordinates activities and State authorities pertaining to disaster preparedness and relief and obtaining information on the subject.

C. National Disaster Response Force (NDRF)

The National Disaster Response Force has been constituted under the Disaster Management Act, 2005, for the purpose of specialized response to natural and manmade disasters.

(i) NDRF is a specialized force, multi-skilled and with high-tech capabilities of dealing with all types of natural and manmade disasters.

(ii) The force functions under the superintendence, direction and control of the National Disaster Management Authority under the command and supervision of Director General, NDRF.

(iii) The force has battalions of personnel taken from para-military forces including engineers, technicians, electronic experts, Dog squads and medical/paramedics. NDRF is equipped and trained to combat all natural disasters including in combating nuclear, biological and chemical disasters.

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(iv) During the preparedness period or in a threatening disaster situation, proactive deployment of the force will be done by the National Disaster Management Authority in consultation with the State authority.

(v) The force has one battalion located at Kolkata and one at Guwahati. One National Disaster Response Force unit of the Kolkata battalion is stationed at New Jalpaiguri in West Bengal.

60.11 Financial Arrangements

(1) The Centre Government plays a major role as far as mobilization of financial resources is concerned. The policy and arrangement for financing State Governments to provide relief and rehabilitation measures in areas affected by natural calamities are governed by the recommendations of the Finance Commissions on the subject made from time to time. Under the existing scheme, a Calamity Relief Fund (CRF) has been constituted for each state with contribution from the Central and State Governments to undertake relief and rehabilitation measures.

(2) A state level committee headed by the chief secretary decides the norms of assistance under each of the approved schemes. The norms so fixed could be modified by the Ministry of Home Affairs, if these are significantly out of line.

60.12 Sikkim Disaster Management

(1) To provide for effective management of disaster, for mitigation of effects of disaster, for administering, facilitating, coordinating and monitoring emergency relief during and after occurrence of disasters and for implementing, monitoring and coordinating measures for construction and rehabilitation in the aftermath of disasters a Sikkim State Disaster Management Authority has been notified under the Central Disaster Management Act, 2005 for laying down policies and for monitoring, mitigation, prevention and preparedness and also oversee response in respect of disaster management.

(2) During the period of disaster in an affected area the District Collector may issue directions to the officers of the government departments and local authorities in the affected areas to provide emergency relief in accordance with the Disaster Management Plans.

(3) When an area is declared as Disaster Prone area or disaster affected area under clause (a) of sub-section (2) of section 16 of the Sikkim Disaster Management Act, 2006 the members of search and rescue teams, police force, fire services, home guards and civil defence shall perform the following function under the coordination of the District Collector in accordance with the disaster management plan:

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(a) Issue of warnings, (b) Carry out search and rescue operations, and (c) Carry out relief and rehabilitation operations.

60.13 Administrative Structure at State Level

At the apex level in the State is the State Disaster Management Authority headed by the Chief Minister and comprising of a Vice Chairperson and members, not exceeding 8, nominated by the Chairperson. The Chief Secretary functions as the Chief Executive Officer of the State Authority.

60.14 State Executive Committee (SEC)

There is State Executive Committee (SEC) under the chairmanship of Chief Secretary comprising of four Secretaries of such departments as the State Govt. may think fit. The Secretary, Land Revenue & Disaster Management/State Relief Commissioner functions as the member secretary. Other heads of departments may be co-opted as members in case so deemed appropriate. The SEC may, as and when it considers necessary, constitute one or more sub-committees for the efficient discharge of its functions. The SEC is required to take into consideration the instructions and guidance received, from time to time, from Government of India and formulate action plans for dealing with different natural disasters. It is also the duty of the Relief Commissioner of the state to establish an Emergency Operations Centre as soon as a disaster situation develops. Till proper alternative is developed the State Police Control Room is being used as the operations centre at the State level. In the districts such operations centres have been established at the respective district headquarters under the charge of the District Collector. Besides having all updated information on forecasting and warning of disasters, the Centres are the contact point for the various concerned agencies at the State and district levels in the management of disasters.

60.15 Administrative Structure at District Level

(1) The District Collector is the Chairman of District Level Relief Committee. He coordinates and supervises over functionaries of all departments at the district level in the management of disasters.

(2) When a disaster is apprehended, the entire machinery of the district, including officers of technical and other departments, swings into action and maintains almost continuous contact with each village in the disaster threatened area.

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60.16 Contingency Plans

At the district level, the disaster relief plans should be prepared which provide for specific tasks to agencies for their implementation in respect of different types of disasters. The Contingency Plan for the district for the different types of disasters shall be drawn up by the Collector and approved by the State Government. The Collector also coordinates and secures the input from the local defense forces unit in preparation of the contingency plans. These contingency plans lay down specific action points, key personnel and contact points relating to various aspects in the management of disasters.

60.17 District Relief Committee

The relief measures are reviewed by the District Level Relief Committee consisting of official and non-official members, including local legislators and members of the parliament.

60.18 District Control Room

In the wake of the natural disaster, the district control room shall be immediately activated for day to day monitoring of the rescue and relief operations on a continuing basis.

60.19 Coordination

The Collector maintains close liaison with the central government authorities in the districts including the armed forces who supplement the effort of the district administration in the rescue and the relief operations. The collector also coordinates all voluntary efforts by mobilizing the non-government organizations capable of working in such situations. The entire hierarchy, right from the central government (Ministry of Home Affairs, Govt. of India) to the district level, and even the sub-divisional level, is connected with a telecommunication system. The normal mode of telecommunication is overland telephone and telegraph, but in the times of stress and if there is breakdown of the overland system, radio communication is resorted to.

60.20 Role of the Armed Forces

State Government can requisition the services of the armed forces of the country to assist the State government during disaster emergencies, providing prompt relief to the victims even in the most inaccessible and remote areas of the country. The organizational strength of the armed force with their disciplined and systematized approach, and with their skills in technical and human resource management make them indispensable for such emergency situations. Besides, when disasters are spread over large area, it is usually beyond the capabilities of the State administration to organize the relief activities.

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60.21 Civil Defense and Home Guards

Related to the efforts of the armed forces there are also the Civil Defence and Home Guard organization that come in handy during emergency situations like natural disaster. Their aim - while not actually taking part in actual combat operation, like in army - is firstly to a save lives, to minimize damage to property, to upkeep public morale and to maintain continuity of production. Thus during disaster situations, which often lead to chaotic conditions where rescue and relief work is severely affected, these organizations are able to coordinate and support efforts in a disciplined manner, so that both the army and the district officials are able to carry out their respective activities efficiently.

60.22 Role of Non-Government Voluntary Organizations

NGOs are also a potentially key element in disaster management. These organizations, operating at grassroot level, can also assist in the disaster management efforts particularly as they have an edge over governmental agencies for invoking community involvement. They can also exhibit great flexibility in procedural matters vis-à-vis the government.

60.23 Activities of NGOs at different stages of Disasters

(1) Pre Disaster: Awareness and information campaigns, Training of local volunteers. (2) During Disaster: Immediate rescue and first-aid, including psychological aid,

supply of food, water, medicines and other immediate need material, ensuring sanitation and hygiene and damage assessment.

(3) Post-Disaster: Technical and material aid in reconstruction, assistance in seeking financial aid and monitoring.

60.24 Role of the Community In the event of actual disasters a community that is aware of its role can substantially

reduce the disaster damage. Creating awareness in community is very important part in disaster management.

60.25 Disaster Management and Police Response

(1) The initial response to a disaster is usually provided by the emergency services supported by the local authority. The emergency services have to maintain a state of readiness so that they can provide a rapid response and alert local authorities and other services as soon as possible.

(2) The police co-ordinate the activities of all those responding at and around the scene, which must unless a disaster has been caused by severe weather or other natural phenomena be treated as the scene of a crime and preserved accordingly.

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(3) The Police have to be very quick in its initial response to a disaster call or situation. In disasters such as landslides, floods, etc. the police must keep itself in readiness with well rehearsal contingency plans to respond to it in a professional and competent manner. In other types of disasters or emergencies, such as major accidents, unfortunate happenings or natural calamities, promptness of the police response can help in saving lives and fast return to normalcy.

60.26 Multi-agency involvement and Police participation (1) Although involvement of different emergency services like Fire, Police and Hospital

Services is inevitable, some other Public Utility Services, such as local bodies etc. have to be involved in most cases for dealing with the situation effectively.

(2) If rescue and recovery work is to be effective, all these different agencies have to work in a co-ordinated manner and have to be aware of each other’s areas of responsibility and systems of working. Comprehensive discussion and agreement among these agencies at the planning stage and communication of the decisions down the chain of command to the lowest functionary of each agency and their training is, therefore, of utmost importance so that they know as to who is responsible for what and arc aware of their roles and responsibility and can appreciate the need for Multi-Service Involvement in disaster situations.

60.27 Objectives of Integrated Police Response (1) The police response to a disaster will vary, just as the nature and effects of the

disaster will vary and such Police response should be an integral part of a combined and co ordinated operation involving different emergency services all of whom work to achieve certain common objectives, which are:

i. To save lives, ii. To prevent escalation of the disaster. iii. To relieve suffering. iv. To safeguard the environment. v. To protect property. vi. To facilitate criminal investigation as well as Departmental, Public or

Judicial enquiry, if any ordered; and vii. To restore normality as soon as possible.

60.28 Strategic Steps

a. Mitigation - encompasses measures designed to prevent the occurrence of a disaster or reduce the likelihood or severity of the disaster, like strict security checks of toxic waste processing facilities in remote areas will reduce the likelihood of disasters.

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b. Preparedness - means the state of readiness and includes planning, public education, warning, training and mobilization of resources in dealing with a disaster situation.

c. Response - constitutes the emergency response at the field level like evacuation, search, rescue, etc; and

d. Recovery - will encompass long term activities which are necessary- to provide a rapid return to normality and to rebuild the affected community.

60.29 Preparation of Contingency Plan to handle disasters Whereas efforts aimed at mitigation may help in preventing or mitigating the

effects in certain types of disasters, disasters can happen any time and can happen as a consequence of human behaviour and also as a result of an act of nature. One way for such preparedness is identification of potential threat areas and preparation of contingency plan/manual.

(1) Each district police organization should have a Rescue Manual on the lines prepared by National Civil Defence College, Nagpur that contains following information for ready reference:

o Various natural and man-made disasters

o Myths about disasters and rumours to be destroyed

o Panchayat, Municipal and local authority levels

o Demarcation of area -wards –villages

o Duties of Zilla Panchaayt, Panchayat Secretary, Municipal Councilors and their responsibilities

o Accountability of each unit

o Involvement of social welfare agencies, e.g. Aanganwadis, role of NGO’s

o Financial planning -funds from government and other sources

o Role of educational institutions

o Training to be imparted at various levels

o Demonstrations and exercises

o Co-ordination between various agencies and community

o Documentation

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(2) An Emergency / contingency plan at the State and district levels should contain the following aspects with appropriate details :

(A) Brief introduction of the area i. Topography ii. Climate iii. Demo graph iv. Industry

(B) Natural & Man-made disasters History of natural and manmade disaster

(C) Command Structure of the government at various levels powers and responsibilities

i. Chain of command ii. Role of emergency services

(D) Listing of emergency and other services i. Their chain of command. ii. Address and telephone numbers of the agencies iii. Police, fire services, essential services, water and power supply, medical, transport,

post and telegraph, telephone, red-cross and NGO’s.

(E) Activation of operations i. Warning systems ii. Receipt and dissemination

(F) Activation of Control Room(s)

(G) Co-ordination with various agencies

(H) Arrangements at scene of disaster i. Responsibility and accountability of each agency ii. Duties of first officer at scene iii. Duties of control room staff, senior supervisory officer, incident officer, investigating

officer, etc. iv. Dissemination of information to agencies / departments concerned v. Medical centre vi. Collection point for survivors vii. Shelters for survivors viii. Temporary mortuary - identification of victims,

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ix. Evacuation x. Transport and traffic arrangements xi. Management of law and order, V1P arrangements xii. Role of media -to highlight accurate information - media liaison officer. xiii. Communication system

(I) Public information i. Announcements (requiring actions) ii. Information releases iii. Emergency broadcasting and telecast iv. Issue/reiteration of DO’s and DONT’s in different kinds of disasters

(J) Search & Rescue Operations

(K) Removal of debris

(L) Housing

(M) Education and Training: - Training in disaster management to be given to the community groups, voluntary personnel and government officials.

(N) Community groups: It should focus on various skills that community can develop to meet disasters.

(O) Voluntary agencies: It should take into account divergence in terms of academic preparations, experience and competence.

(P) Government officials i. Primary duty to save lives

ii. Training at various levels - state, district, block and village. Training should be multi-directional including the following aspects:

a) Orientation training b) Elementary training c) Basic training d) Specialized training e) Intensive training

(Q) Design and management of disaster information resource network i. To establish a world-wide network of information systems related to disaster management. ii. Improved telecommunication system to help in quick collection of information. iii. Internet helps in training of community in emergency management. It has also the

ability to send warnings of potential disasters.

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(R) Monitoring and evaluation This is done by an integrated team of experts.

(S) Demonstration of Emergency Response Exercise: There would be a need for simulation exercises/demonstrations. An exercise is

to include:

i. Advance announcement through public address system ii. Demarcation of area iii. Involvement of all government / voluntary / local agencies iv. Search and rescue teams to be equipped with latest proper tools, search dogs, first

aid equipment v. Use of dummies vi. Demonstrations of air dropping of relief supplies vii. Media may be associated

(T) Cadre of trained personnel and Training i. specialized programmes be designed to impart training. ii. setting up of training institutes at various levels. iii. text books at school/college levels should incorporate information iv. training to skilled /technical persons, artisans, engineering students. v. training material relevant to local conditions be prepared. vi. training regarding technological advances made. vii. documentation of major natural disasters.

60.30 Role/Functions of Police(1) The primary areas of Police responsibility are as follows: a. The saving of life in conjunction with other emergency services. b. Co-ordination of the emergency services and organizations. c. Traffic and crowd control. d. Investigation of the incident in conjunction with other investigative bodies

where applicable. e. Collation and dissemination of casualty information. f. Identification of victims. g. Restoration of normality at the earliest opportunity. h. Prevent theft etc.

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(2) Access Control Whenever a disaster takes place, the police should immediately cordon off the area

and prevent people from thronging the scene. A large number of people try to reach the scene of occurrence out of sheer curiosity or with the intention of extending their assistance to affected persons. It is necessary that police establish an outer cordon around the site of the disaster to control access to the whole of the disaster site. If practical strict access control should be enforced by the police and it should be ensured that no unwarranted person gains entry to the scene of disaster.

(3) Traffic Diversion Immediate traffic arrangements should be made to divert the traffic away from the

scene of disaster. Motorists should be suitably notified about the traffic diversion through the P.A. system, radio, TV as well as by the traffic policemen present at the spot. The area should also be kept clear of all the traffic so as to ensure that the vehicles of emergency services face no hindrance to reach the site. The obstruction of way to the site of disaster may delay the arrival of fire brigades, ambulances and other vehicles as well as the staff and is likely to affect the rescue and relief operations.

(4) Crowd Control and Regulation Adequate arrangements are to be made by the police to prevent the crowd from

reaching the site of disaster. Those who have already reached there should be asked to move away. The scene of disaster should be cleared of all onlookers whose presence would only impede the job of the emergency services personnel. Sometimes the public also gets agitated and displays their annoyance against the government which soon turns into a law and order problem. The police should deal with them effectively but tactfully. They should be properly equipped to deal with such a situation.

(5) Search, Rescue and Evacuation

I. Police are normally the first to reach the spot of a disaster. Till the arrival of other emergency service personnel, it should search the area and remove the casualties from the site. It should also extend full co-operation to other services and the local authority in the rescue and evacuation operations.

II. In some circumstances it may be necessary to advice the public on whether they should evacuate a given area or stay put and shelter indoors. Such circumstances include risks to life or health from :

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a) the release or threatened release of radioactive materials, or other hazardous substances;

b) the spread of fire;c) severe storms; d) flooding;e) earthquake; f) landslide; andg) environmental contamination.

III. In the event of the release or threatened release of non-radioactive hazardous materials, additional information on the nature of the risk may be obtained from the fire service or other accredited sources. One crucial factor in determining the area to be evacuated will be the forecast of speed and direction of the wind which can be obtained from the appropriate weather office.

IV. It is normally the police who recommend whether or not to evacuate and define the area to be evacuated. Their recommendation should, however, take into account the advice from the fire service on risks associated with fire, contamination and other hazards, from the medical and local authorities. The police can only recommend evacuation and have no power to require people to leave their homes.

(6) Control and Co-Ordination Points Three levels of police Command and Control may be developed :

(a) Forward Control Post: Normally the first control point to be established, under the command of the local area officer who would be responsible for initial communication links and deployment and control and co-ordinate the management of the incident and provide a central point of contact for all emergency and specialist services.

(b) Control Room (District Hqrs): To co-ordinate police and related resources at the disaster site in the district under the control of district Police Chief. Handling of media and setting up of a cell to inform the media about the real situation and casualties and to prevent spread of rumours and mis-information.

(c) State Police Control Room: To coordinate all police and emergency services efforts at the scene of disaster at the State level under the control of the State Police Chief in coordination with other State agencies and in accordance with the advise and directions of the State Disasters Management Authority.

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(7) Co-ordination

i. It is the police responsibility, in any disaster situation, to co-ordinate-the strategic roles of all the emergency services and other organizations involved. It would be desirable that due to the nature of certain natural disasters or particular type of incidents this coordination role is handed over to another more appropriate service or agency. At all times, however, the personnel and resources of each service should remain under the command of their respective departmental heads. Where appropriate, the formation of a coordinating group from the key services and agency personnel will be quite useful. This group may be normally chaired by the police who will be responsible to maintain written records of its deliberations. Appropriate members of the group will also ensure that proper records are maintained of the incident.

ii. In discharging the coordinating role, account shall be taken of the features of each particular disaster, together with the professional expertise of each of the emergency services and their statutory duties. It may be necessary to assign the control of specific functions to one or more of the emergency services or other agencies. For example, the fire service and Ambulance service will normally have responsibility for the rescue, initial treatment and medical evacuation of casualties. In extreme circumstances, e.g. a terrorist incident, it may be necessary for the police to take executive action.

(8) Scene Control and Legal Action

i. It is vital that the scene and surrounding area of any major incident should be protected for :

(a) safety of victims,

(b) protection and preservation of evidence and

(c) protection of properties of the affected persons against theft, looting, etc. during the disaster and its post impact period.

ii. It must be accepted that large numbers of police officers will be required to achieve this aim and, therefore, the in charge of the district or incident commander should take early action for the reinforcements.

iii. Unless a disaster has been caused by severe weather or other natural phenomena, the police would be required to treat the scene at and around a disaster as a scene of crime and preserve it accordingly. It has to initiate necessary legal action regarding registration of a criminal case and investigation of the crime. Police has also to facilitate inquiries carried out by the responsible accident investigation body such as Civil Aviation, Medical and other departmental investigating agencies. The

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185

police process casualty information and have responsibility for identifying and arranging for the removal of the dead. Wherever appropriate, the police have to identify the culprits, arrest and subsequently prosecute them.

(9) VVIP/VIP Visits

i. Visits by VIP’s can lift the morale of those affected by the disaster as well as those who are involved wi th the response. It has been seen that the Ministers, members of Parliament and members of legislature, local councilors, leaders of various political parties, etc. visi t the scene of a disaster and the in jured to mark public concern and see the disaster response. It may be possible that the scale of a disaster may in addition prompt visits of the Prime Minister, Governor, Chief Minister, etc. Sometimes their visit to the disaster site is likely to adversely affect the rescue operations, particularly if casualties’ arc still trapped. It should be ensured that their visits do not interrupt rescue and life saving work and the police, as coordinators of the emergency disaster response, should explain the ground situation to the concerned authorities so that the visits/timings are appropriately adjusted. The police and the local services arc, however, experienced at handling VIP visits and many of the usual considerations will apply to their visit to a disaster site.

ii. It would be desirable to restrict media coverage of such visits, in which case the police should liaise with the government press officer to keep their number to the minimum. It may also be necessary for the police to brief the VVIP/VIP beforehand about the details of casualties, damage and the nature of the disaster. It should, therefore, prepare a brief note for such briefings.

(10) Reception Centre

If necessary, a reception centre for friends and relatives of victims will be established by the police (usually in consultation with the local authority and commercial, industrial or other organizations concerned) and staffed by the police, local authority and suitably prepared voluntary organizations. The fullest possible information should be given to enquirers seeking news of those involved in a disaster. This helps to ensure consistent and non-contradictory information being given out. Friends and relatives who may be feeling intense anxiety, shock or grief, need to be treated with sympathy and understanding. Access to the reception centre should be controlled to prevent those inside being disturbed by uninvited media representatives or onlookers.

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(11) Intimation regarding Foreigners

If foreign nationals have been or are thought to have been involved in the disaster, the police will inform the concerned Consular authorities of the death or injury to any of their nationals by quickest possible means through the State Home department.

(12) Weaker Sections - a Special Care Area

When a disaster occurs, the weaker sections of society and the children are generally the worst affected. This should be kept in view by the police while organizing their rescue and relief efforts.

60.31 SOPs

It is necessary for all police branches/units directly dealing with and responding to disasters to frame special operating procedures for dealing with various types of disasters in accordance with the State Contingency Plan indicated above. There is a separate Contingency Plan of the State Government for Handling situation arising out of Terrorist/Extremist Attacks, Taking of Hostages, Bomb Blasts etc where the DGP & district SPs respectively are the conveners of the State Committee for Terrorist/Extremist attack (SCTA) headed by the Chief Secretary and the District Committee for Terrorist/Extremist Attack (DCTA) headed by the District Magistrate. Separate SOPs need to be prepared in respect of same by all branches/units that would be directly involved in the handling of such situations including mention on the forcible termination of such situations which is done by the specially trained units of the Police.

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187

Form No. 1 Chapter - 4, State Reserve Lines Ref. Regulation 4.13 A(2), E(2)

MORNING STATEMENT OF DUTY OF ARMED RESERVE ............................................PLATOON for........................(Date)

RIs RSIs. ARSIs. HCs. PCs. Remarks

1. Sanctioned Strength

2. Actual Strength

3. Present on Parade.

4. (1) Guards (2) Escorts Local (3) Escorts distant (4) Long Leave (5) Casual Leave (6) Absent (7) Under suspension (8) Medical Leave (9) Hospital In patient Out patient (10) Reporting sick (11) Under strength (12) Miscellaneous duties

5. Fixed duties

(1) Armourers Sanctioned on duty (2) Drivers Sanctioned on duty (3) Cleaners Sanctioned on duty (4) Orderlies Sanctioned on duty (5) Carpenter Sanctioned on duty Total of 5

6. Available in Emergency

7. Total of 4, 5 and 6

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188

Form No. 1 (Contd.)

_____________________________________________________________________________

REPORT OF GUARD CHECKED_____________________________________________________________________________ Day and hour of check Checking Location of the Guard __________________ Officer Remarks

1. ………………………..

2. ………………………..

3. ………………………..

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189

Form No. 1 (Contd.)

DAILY DIARY OF RESERVE INSPECTOR RESERVE SUB-INSPECTOR FOR ………………...….PLATOON.

Reserve Inspector. Reserve Sub-Inspector.

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190

Form

No.

2

Cha

pter

- 4&

24, S

tate

Res

erve

Lin

es

an

d Po

lice

Stat

ion

Rec

ords

& R

egis

ters

R

ef. R

egul

atio

n 4.

14(1

), 4

.14(

2), 2

4.2

R35

LO

NG

LE

AV

E R

EG

IST

ER

Sl.

No.

No.

Ran

kN

ame

Petit

ion

date

Lea

ve

requ

ired

with

da

tes

Rea

sons

Ord

ers

of

Supe

r-

inte

nden

t of

Pol

ice

Lea

ve

Ord

er

Num

ber

Dat

e of

av

ailin

gD

ate

of

retu

rnR

emar

ks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

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191

Form No. 3 Chapter - 4, State Reserve Lines Ref. Regulation 4.14(4)

POLICE QUARTERS REGISTERLocation Quarter

NumberNumber & Rank

Name Allotment Order No.

Date of occupation and vacating

Remarks

(1) (2) (3) (4) (5) (6) (7)

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192

Form No. 4 Chapter - 4, State Reserve Lines Ref. Regulation 4.14(5)

TRANSFER WAITING LIST

Serial Number

Number & Rank Name Date of

Petition

Place or District to which transfer is requested

Native Place and

District

Date of Despatch to SP for

consideration of PEC

Recommendation of SP Remarks

(1) (2) (3) (4) (5) (6) (7) (8) (9)

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Volume III

193

Form

No.

5

Cha

pter

- 4

, Sta

te R

eser

ve L

ines

R

ef. R

egul

atio

n 4.

14(6

)

SEN

IOR

ITY

LIS

T (

Reg

iste

r to

be

mai

ntai

ned

on th

e ba

sis

of s

enio

rity

list

issu

ed b

y A

dm. b

ranc

h)

Sl.No.

No and Rank

Nam

eE

duca

tiona

l qu

alifi

catio

nD

ate

of

App

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men

tR

ank

to w

hich

ap

poin

ted

Dat

e of

Pr

omot

ion

&

Ran

k

O.O

.No.

an

d D

ate

No.

of

Rew

ards

(w

ith d

etai

ls)

No.

of

defa

ults

(w

ith d

etai

ls)

Whe

ther

bro

ught

on

to s

enio

rity

lis

t of

the

rank

to

whi

ch h

e is

pr

omot

ed o

r no

t

Remarks

Sign

atur

e of

the

Hea

d of

the

offic

e m

akin

g en

trie

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up

datin

g th

e en

trie

s

12

34

56

78

910

1112

13

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194

Form

No.

6

Cha

pter

-4 &

24,

Sta

te R

eser

ve L

ines

and

Polic

e St

atio

n R

ecor

ds &

Reg

iste

rs

Ref

. Reg

ulat

ion

4.14

(7),

24.

2 R

32

OR

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RL

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I

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stab

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.……

……

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……

……

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……

Sl.N

o.D

ate

of O

.R.

Hel

d by

R

I/D

SP/S

P

Det

ails

of

cha

rge

and

date

of

offe

nce

Ord

ers

of o

ffice

r ho

ldin

g O

.R.

Sign

atur

e

of o

ffice

r ho

ldin

g O

.R.

Dat

e on

w

hich

ord

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have

bee

n ca

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d ou

t

Sign

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Res

erve

In

spec

tor

Ref

eren

ce to

pa

ge n

umbe

r of

O.R

. R

egis

ter

II

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

N.B

.: F

our

page

s sh

ould

be

left

for

eac

h pe

rson

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Volume III

195

Form

No.

7

Cha

pter

-4&

24, S

tate

Res

erve

Lin

es

an

d Po

lice

Stat

ion

Rec

ords

& R

egis

ters

R

ef. R

egul

atio

n 4.

14(7

), 2

4.2

R32

OR

DE

RL

Y R

OO

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EG

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II

Dat

e of

O

.R.

Offi

cer

hold

ing

O.R

.

Num

bers

and

ra

nks

of p

erso

ns

plac

ed b

efor

e th

e of

ficer

Nat

ure

of o

ffen

ce

com

mitt

edPu

nish

men

t aw

arde

d

Sign

atur

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of

ficer

hol

ding

O

.R.

Ref

eren

ce

Page

num

bers

of

O.R

. R

egis

ter

I

Rem

arks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

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196

Form No. 8 Chapter – 4, State Reserve Lines Ref. Regulation 4.16

ARMS HISTORY SHEET

Type of Weapon

Unit No. Body No. Bolt No.

Date of purchase Date of issue

InspectionsLubrication date

Details of all repairs and rebrowning and new parts supplied

and remarks of inspecting armourer, etc.

Initials of the

armourerBy whom Date

(1) (2) (3) (4) (5)

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Volume III

197

Form

No.

9

Cha

pter

-4,

Sta

te R

eser

ve L

ines

R

ef. R

egul

atio

n 4.

23 (

8)

RE

GIS

TE

R O

F E

NG

AG

EM

EN

TS

OF

PO

LIC

E B

AN

DS

Sl.N

oD

ate

Typ

e of

ba

nd

By

who

m

dem

ande

d an

d pl

ace

whe

re

requ

ired

Hou

rs o

f pl

ayB

and

fee

colle

cted

, if

any

Tra

nspo

rt

char

ges

colle

cted

, if

any

Ref

eren

ce o

f cr

edits

(B

R

No.

& D

ate)

Reg

istr

atio

n N

o. o

f th

e ve

hicl

e de

taile

d

Sign

atur

e of

B

and

Mas

ter

Rem

arks

From

To

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

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198

Form No. 10 Chapter - 4, State Reserve Lines Ref. Regulation 4.24 (2) (i)

RECEIPT REGISTER

Date of Receipt

From whom Received

Articles Received

Qty. Received

Stock Page No.

Sl. No. Remarks

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Form No. 11 Chapter - 4, State Reserve Lines Ref. Regulation 4.24 (2) (ii)

STOCK BOOK OF UNIFORMS

SIKKIM POLICE

Page No…………………………………

Designation……………………………..

Accounting Unit ……………………….

Voucher No. and date

Received Issued Balance Remarks

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200

Form

No.

12

Cha

pter

– 4

, Sta

te R

eser

ve L

ines

R

ef. R

egul

atio

n 4.

24 (

2) (

iii)

IND

IVID

UA

L U

NIF

OR

MS

LE

DG

ER

DA

TE

OF

EN

LIS

TM

EN

T …

……

……

……

……

……

……

......

......

......

......

......

....…

……

DA

TE

OF

DIS

CH

AR

GE

……

……

……

……

……

......

......

......

......

......

....…

……

……

…..

BA

DG

E N

O …

……

……

…R

AN

K…

……

……

……

.NA

ME

……

……

……

……

……

Date of Issue

Parakha Coat

Trouser B.D.

Rain Coat

Jersey Pullover Khaki

Shirt T. Khaki

Shirt A.D.

T. Khaki Pant

Beret Cap blue

T. Shirt

Centinary Medal

Service Medal

Nylon Socks Khaki

Khaki Dangri

Khaki Half Pant

Whistle Cord blue

Ground Sheet

Leather Belt black

Boot D.M.S.

Hunter Shoes

P.T. Shoes brown

Scarf

Boot Polish

Kit Tin Box

High Altitude Medal

Chest Brass Badge

Shoulder Badge (S.P)

Whistle

50th year of Independence Medal

Insignia

Remarks

12

34

56

78

910

1112

1314

1516

1718

1920

2122

2324

2526

2728

29

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Form No. 13 Chapter – 4, State Reserve Lines Ref. Regulation 4.24 (2) (iv)

KIT CARD

SIKKIM POLICE

Rank & No. ________________

Name _____________________

Name :____________________

Rank & Name :____________________

Badge No. :____________________

Date of appointment :____________________

Date of Discharge :____________________

Ledger Page No :____________________

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Sikkim Police Manual

202

Form No. 13 (Contd.)

NAME OF ARTICLE

Life.................... Scale ..................

Date of issue Nos/Pairs Signature Remarks

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203

Form No. 14 Chapter – 4, State Reserve Lines Ref. Regulation 4.24 (2) (v)

POLICE CENTRAL STORES, RESERVE LINES,GANGTOK

ISSUE EXPENSE VOUCHER(in duplicate)

Vr. No. …………………………..Central Stores Date of issue …………20…......Issued to ………………………………………………………………………………...........................…....Issuing authority…………………………………………………………….……………..........................….From Station…………………...........……….....……To Station……...........………………………………..

Sl. No. Nomenclature Quantity issued (in words) Remarks

Note: Receiver shall hold full responsibility for loss/damage of the above Govt. properties in any circumstances.

ISSUING OFFICER RECEIVING OFFICERSignature ……………………………… Signature …………………………...Rank & Name ………………………… Rank & Name ……………………...Unit …………………………………… Unit ………………………………...

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204

Form No. 15 Chapter – 5, Motor Transport Sections Ref. Regulation 5.14 (7)

VEHICLE TECHNICAL REPORT

VEHICLE NO…………………………………… BRANCH …………………..................…… TYPE OF

VEHICLE …………………. KMs. RUN ……......…… DATE……….…….on the requisition of concerned

Branch the vehicle with the above description has been inspected and the following repair(s)/replacement

of part(s) is/are recommended.

Sl.No. Name of parts/job Quantity Remarks

INSPECTED BY

Signature of Driver Section In-charge

Certified by

PI (Mech).

SP/Lines

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205

Form No. 16 Chapter – 5, Motor Transport Sections Ref. Regulation 5.21 (1)

VEHICLE HISTORY SHEETDESCRIPTION OF THE VEHICLE

VEHICLE NO : ………………………………………....................……………………

MAKE/MODEL: …………………………………………....................…………………

ENGINE NO: ………………………………………………………....................……

CHASIS NO: ……………………………………………………....................………

DATE OF PURCHASE: …………………………………………………......................………

COST OF VEHICLE: …………………………………………………………......................…

PAID VIDE

CHEQUE NO: ………………………………………………………….................................…

DATE: ………………………………………………………………….....................…

ANTICIPATED LIFE: ……………………………………………………….......................…..

Signature of the Drawing & Disbursing Officer

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Sikkim Police Manual

206

Form No. 16 A Chapter – 5, Motor Transport Sections Ref. Regulation 5.21 (1)

TYRE RECORD(Not to be included in progressive total)

Date Tyre No.

Mileage covered on the date of purchase of

Tyre

Amount Name of Supplier

Bill No & Date

Remarks/ signature of

H.O.O./D.D.O.

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207

Form No. 16 B Chapter – 5, Motor Transport Sections Ref. Regulation 5.21 (1)

BATTERY RECORD(To be included in progressive total)

Date Battery Number

Validity of warranty period

Amount Name of Supplier

Bill No & Date at Page

No.

Remarks/ signature of the H.O.O./

D.D.O.

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208

Form No. 16 C Chapter – 5, Motor Transport Sections Ref. Regulation 5.21 (1)

HOOD RECORD(To be included in progressive total)

Date of purchase

AmountName

of Supplier Bill No &

date at Page No.

Remarks/ signature of the

H.O.O./D.D.O.

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209

Form No. 16 D Chapter – 5, Motor Transport Sections Ref. Regulation 5.21 (1)

SEAT COVER RECORD(Not to be included in progressive total)

Date of purchase Amount Name

of Supplier Bill No &

date at Page No.

Remarks/ signature of the H.O.O./

D.D.O.

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210

Form No. 16 E Chapter – 5, Motor Transport Sections Ref. Regulation 5.21 (1)

LIST OF ACCESSORIES, EQUIPMENT AND TOOLS SUPPLIED FOR THE VEHICLE

Sl. No. Date Accessories/Equipment

Accessory/Equipment

No./ Distinctive mark

Received by (drivers name &

signature)

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Volume III

211

Form

No.

16

F

C

hapt

er –

5, M

otor

Tra

nspo

rt S

ectio

ns

R

ef. R

egul

atio

n 5.

21 (

1)

HIS

TO

RY

BO

OK

OF

VE

HIC

LE

D

ET

AIL

S O

F R

EP

AIR

S, R

EP

LA

CE

ME

NT

OF

PA

RT

S, M

AIN

TE

NA

NC

E A

ND

SE

RV

ICIN

G

Sl.

No.

Dat

e

Bill

N

o.

&

date

Nam

e of

Su

pplie

rPa

rtic

ular

sQ

uant

ityR

ate

Am

ount

Exp

endi

ture

du

ring

the

curr

ent

finan

cial

ye

ar

Tot

al

Exp

endi

ture

in

clud

ing

the

pres

ent

bill

Rem

arks

/ Si

gnat

ure

of

H.O

.O./D

.D.O

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Sikkim Police Manual

212

Form No. 16 G Chapter – 5, Motor Transport Sections Ref. Regulation 5.21 (1)

SERVICING RECORD OF VEHICLE(Not to be included in progressive total)

Date of Servicing Amount Name of Supplier Bill No &

date

Remarks/ signature of the

H.O.O./D.D.O.

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Volume III

213

Form No. 17 Chapter – 5, Motor Transport Sections Ref. Regulation 5.21 (2)

POL ACCOUNT REGISTER OF ……......… MTS

Sl. No. Date

Receipt of POL (mention amount/

voucher received & Qty of POL)

Authority from

whom POL received

Qty of POL

issued

Vehicle No. &

Name of Driver

to whom issued

Signature of driver

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Sikkim Police Manual

214

Form No. 18 Chapter – 5, Motor Transport Sections Ref. Regulation 5.21 (3)

REGISTER OF HIRE OF VEHICLES

Type of Vehicle......................................

Name of Officer

hiring the vehicle

Designation Purpose of journey

PlaceNumber of miles/ Kms. run

Amount received with date

Amount credited into treasury with the Challan

No. and dateFrom To

(1) (2) (3) (4) (5) (6) (7) (8)

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Volume III

215

Form No. 19 Chapter – 5, Motor Transport Sections Ref. Regulation 5.21 (4)

LOG BOOK

Date From To Kilometer Purpose of Journey

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Sikkim Police Manual

216

Form No. 19 (Contd.)LOG BOOK

Purchase ofPOL (Qty)

Signature of Officer using the vehicle with Designation

Remarks

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Volume III

217

Form No. 19 A Chapter – 5, Motor Transport Sections Ref. Regulation 5.21(4)

MONTHLY POL ACCOUNT OF VEHICLE

Account of P.O.L. drawn and used during the month of …................................................………………….

Vehicle No. ………………………………………….…….............................................................................

Extract of Log Book Page No. …………………………...................................……………………………..

Date From To Kms. Purpose of Journey P.O.L.

Certified that the vehicle No. …….....................................………. has been used on official duty above and

P.O.L. …………..Ltrs. used during the month.

Signature Designation

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Sikkim Police Manual

218

Form No. 19 B Chapter – 5, Motor Transport Section Ref. Regulation 5.21 (4)

MONTHLY KM ACCOUNT OF VEHICLE

Tour programme of Mr./Mrs. ………………….......................………..Designation………………………...

one………....................…………. for the Months of …………….................................………………….....

Sl.

No. Date From To Kms POL Purpose of Duty

Submitted for favour of approval please.

Signature DesignationAPPROVED

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Volume III

219

Form No. 20 Chapter – 6, Guards & Escorts Ref. Regulation 6.4(1)J; 6.4(4); 6.5(6); 6.6(3); 6.10(8); 6.12; 6.24(4);

SENTRY RELIEF BOOK

Num

ber

of P

ost.

Num

ber

of S

entr

y Po

sted

.

At w

hat H

our

Post

ed.

Num

ber

of R

ound

s of

Am

mun

ition

with

Sen

try

whe

n R

elie

ved.

Num

ber

of P

riso

ners

.

Sign

atur

e of

Hea

d C

onst

able

Po

stin

g Se

ntry

.

Sign

atur

e of

Sen

try.

R E

M A

R K

S.

(1) (2) (3) (4) (5) (6) (7) (8)

On Label Outside: Sentry Relief Book.

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220

Form No. 21 Chapter – 6, Guards & Escorts Ref. Regulation 6.4(7); 6.4(12); 6.13;

GUARD DUTY ROSTER.

Nature of Duty

Duration of duty Number andName of the

Constable AppointedREMARKS

From To

Station | Officer In charge of the Guard. | Dated 20 |

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Volume III

221

Form No. 22 Chapter -7, Arms & Explosives Ref. Regulation 7.7(2)

REPORT OF THE SHO TO THE LICENSING AUTHORITY FOR THE GRANT OF LICENSE

1. Name of the Police Station :

2. Name of the applicant :

3. Father’s Name and Address :

4. Type of Weapon applied for :

5. Whether he is in possession of any : Weapon previously, if so furnish details

6. Whether any request of the applicant : rejected Previously, if so State Reason.

7. Whether any member of his family : possess Weapons.

8. Is the applicant living in faction-ridden Village :

9. Does he belong to any faction :

10. Antecedents of the applicant :

11. Purpose for which Weapon is required :

12. Safety measures available in the home : for the safety of the Weapon, if Licence is granted.

13. Possibility of any misuse if any :

14. Necessity to hold the Weapon :

15. Whether the Report is in time :

16. Opinion of the SHO :

(Recommended or not) Append separate Sheet if necessary.

Signature of SHO with date

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Sikkim Police Manual

222

Form No. 23 Chapter -7, Arms & Explosives Ref. Regulation 7.12(1) DICENNIAL REGISTER OF LICENCE ISSUED UNDER ARMS ACT (CONSOLIDATE)

(Form under III, IIIA, IIIB and IV of Arms Rules)

Sl.No. Date Month and Year of Grant of Licence Name, Father’s Name and Address of Licencee

1 2 3

Arms and Ammunition that Licencee is entitled to possess

Brief description Quality and description of AmmunitionsOf each Weapon With details Eg. Type Maximum to be Possessed Maximum Purchasable Name and address of the at any one time during the YearOf Weapon, Identification Retainer if anyMarks Registered Number Etc.

4 5

Purpose for Possession Area with in which Date of ExpiryGeneral Sport Protection against Licence is valid Wild Animals

6 7 8

Date on which Date of Renewal Weapon should beproduced for inspection Remarks

9 10 11

Abstract of each category of Weapon for each year

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Volume III

223

Form No. 24 Chapter – 7, Arms & Explosives Ref. Regulation 7.13

REGISTER TO BE MAINTAINED BY DISTRICT SUPERINTENDENTS OF POLICE /COMDTS. OF SAP/IRBn/ IN-CHARGE OF ARMED RESERVES AND SUPERINTENDENTS OF OTHER BRANCHES IN R/O REVOLVER, PISTOLS

AND AMMUNITION POSSESSED BY THE OFFICERS OF THE DEPARTMENT

Name of the Dist. Or Unit

Name and

Designation of the

Officer

Type of Weapon

(Revolver/ Pistol) A

mm

uniti

on

Date of

Issue

Purpose or

Specific Duties

for which it is issued

Date on which last produced

for inspection,

if not reasons

Authority under

which it is issued

Specify Period

for which it is

issued

Remarks /Signature

1 2 3 4 5 6 7 8 9 10

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Sikkim Police Manual

224

Form No. 25 Chapter – 7, Arms & Explosives Ref. Regulation 7.15 (2)

REPORT ON INSPECTION OF STOCK, PREMISES AND BOOKS OF PERSONS LICENSED TO MANUFACTURE, CONVERT, KEEP OR SELL ARMS, AMMUNITION AND EXPLOSIVES

STORES, BY INSPECTORS AND GAZETTE OFFICERS OF THE POLICE DEPARTMENT.

Nam

e, F

athe

r’s

Nam

e an

d R

esid

ence

of

L

icen

see

and

Dat

e of

Ins

pect

ion.

Pla

ce o

f B

usin

ess.

Num

ber

and

Dat

e of

Lic

ense

and

the

form

in

whi

ch it

is g

rant

ed.

Des

crip

tion

of A

rms,

Am

mun

ition

or

Exp

losi

ves.

Qua

ntity

Lic

ense

d to

be

Poss

esse

d at

One

Tim

e

Qua

ntity

Lic

ense

d to

be

Poss

esse

d fo

r th

e W

hole

Yea

r

Bal

ance

on

hand

on

1st J

anua

ry in

the

Shop

a

nd th

e M

agaz

ine.

Man

ufac

ture

d or

rec

eive

d fr

om 1

st J

anua

ry to

Dat

e of

Ins

pect

ion.

Sol

d or

issu

ed f

rom

1st J

anua

ry to

Dat

e of

Ins

pect

ion.

Bal

ance

on

hand

on

Dat

e of

Ins

pect

ion

in

the

Shop

and

the

Mag

azin

e.

Whe

ther

Acc

ount

s N

umbe

r 1,

2 a

nd 4

are

p

rope

rly

Kep

t.

Rem

arks

not

ing

whe

ther

qua

ntity

in e

xces

s o

f L

icen

se w

as e

ver

mai

ntai

ned,

and

w

heth

er th

ey a

re in

a s

afe

Roo

m

1 2 3 4 5 6 7 8 9 10 11 12

Station Signature. Dated | Designation.

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Volume III

225

Form

No.

26

Cha

pter

-7&

24, A

rms &

Exp

losi

ves a

nd

Polic

e St

atio

n R

ecor

ds &

Reg

iste

rs

Ref

. Reg

ulat

ion

7.17

(1),

24.2

R20

(1)

RE

GIS

TE

R O

F A

RM

S D

EPO

SIT

ED

Sl.

No.

Dat

ePa

rtic

ular

sof

Arm

s

Nam

e of

Ow

ner,

by

who

m d

epos

ited

or f

rom

who

m

take

n

Res

iden

ce

Signature of Station House Officer, Owner and a Witness when arms are Deposited.

If a License Obtained, when

If License not Obtained, how were Arms disposed of.

Designation of Magistrate/Authority Passing Order.

Signature of Owner for return of Arms with date.

Signature of Station House Officer and Date of disposing of Arms.

Serial Number allotted in the District Police Office Register of Arms Deposited.

Vill

age

Blo

ck

12

34

56

78

910

1112

13

On

Lab

el O

utsi

de:

Reg

iste

r of

Arm

s D

epos

ited.

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Sikkim Police Manual

226

Form

No.

27

Cha

pter

– 7

& 2

4, A

rms

& E

xplo

sive

s

a

nd P

olic

e St

atio

n R

ecor

ds

Ref

. Reg

ulat

ion

7.17

(2),

24.

2 R

20(2

)

EX

TR

AC

T F

RO

M T

HE

RE

GIS

TE

R O

F A

RM

S D

EP

OSI

TE

D I

N P

OL

ICE

ST

AT

ION

CO

UN

TER

FOIL

(To

be re

tain

ed in

the

Polic

e St

atio

n)

No.

M

onth

ly e

xtra

ct fr

om th

e R

egis

ter o

f

Arm

s dep

osite

d.

Dis

trict

:Po

lice

Stat

ion:

(Ind

ivid

ual f

orm

to b

e us

ed fo

r eac

h w

eapo

n)Sl

. No.

* &

Yea

r

D

escr

iptio

n of

in

the

Reg

iste

r of

A

rms,

Nam

e of

A

rms d

epos

ited.

ow

ner a

nd d

ate

of

de

posi

t.

*Thi

s sho

uld

corr

espo

nd w

ith th

e id

entifi

catio

n nu

mbe

r on

the

labe

l atta

ched

to th

e w

eapo

n.

Dat

e:

S

tatio

n H

ouse

Offi

cer,

____

____

____

____

_ PS

AC

KN

OW

LED

GEM

ENT

The A

rm n

oted

on

the

reve

rse

has b

een

rece

ived

.

The

num

ber &

Yea

r allo

tted

in th

e St

ate

Res

erve

Lin

es R

egis

ter o

f Arm

s Dep

osite

d.

Dat

e:

Offi

cer i

n C

harg

e,

S

tate

RL

Arm

ory.

To The

Stat

ion

Hou

se O

ffice

r,__

____

____

Pol

ice

Stat

ion.

(to b

e pa

sted

with

the

coun

terf

oil i

n th

e Po

lice

Stat

ion)

OR

IGIN

AL

(To

be re

tain

ed in

the

Dis

trict

Pol

ice

Offi

ce)

No.

M

onth

ly e

xtra

ct fr

om th

e R

egis

ter o

f

A

rms d

epos

ited.

Dis

trict

:Po

lice

Stat

ion:

(Ind

ivid

ual f

orm

to b

e us

ed fo

r eac

h w

eapo

n)Sl

. No.

& Y

ear

D

escr

iptio

n of

in

the

Reg

iste

r of

Arm

s, N

ame

of

Arm

s dep

osite

d.

ow

ner a

nd d

ate

of

depo

sit.

This

shou

ld c

orre

spon

d w

ith th

e id

entifi

catio

n nu

mbe

r on

the

labe

l atta

ched

to th

e w

eapo

n.

Dat

e:

Sta

tion

Hou

se O

ffice

r,

___

____

____

____

__ P

S

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Volume III

227

Form 27 (contd.)

DUPLICATE

(To be returned to Police Station with acknowledgement and State Reserve Lines Register No.)

No.

Monthly extract from the Register of Arms Deposited

District:

Police Station

(Individual form to be used for each weapon)

Sl. No. & year* in the register of arms deposited

Description of Arm, Name of owner & date of deposit

Remarks

* This should correspond with the identification number on the label attached to the weapon

Date:

Station House Officer,

_______________ PS

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Sikkim Police Manual

228

Form No. 28A Chapter – 7, Arms & Explosives Ref. Regulation 7.17 (3)

Quarterly statement of arms required to be forfeited to Government from records in the register of arms deposited in the State Reserve Lines Armory.

(to be submitted in duplicate, one copy to be retained in Arms Section, AIGP office & the other returned to State RL Armory. The State RL Armory shall send a copy of the order to each of the concerned Police Station vide Form No. 28B).

No. Dated: To

AIGP,Police Headquarters,Gangtok.

Sub: Orders for forfeiting arms to government.

Sir,The quarterly statement of arms required to be forfeited to the Government as per records

in the Register of Arms Deposited in the State Reserve Line Armory on expiry of the period allowed in terms of Sub-Rule (4) of Rule 46 of the Arms Rules, 1962 is submitted for favor of orders declaring the arms forfeited to the Government.

S. No. S. No. and Year in the Register of Arms Deposited at State RL

Description of Arms, name of owner and date of deposit

Name of the Police Station and S. No. in the Arms Deposit Register of the Police Station

Superintendent of Police, State Reserve Lines

Remarks of AIGP ____________________________________

Signature of AIGP Orders of the Licensing Authority _______________________

Signature of Licensing Authority

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Volume III

229

Form No. 28B Chapter – 7, Arms & Explosives Ref. Regulation 7.17 (3)

No. Dated: To

The Station House Officer,

___________________ Police Station.

SUB: Communication of orders forfeiting arms to government.

Sir, Enclosed is copy of order of the competent authority declaring the arms as indicated in the order forfeited to the government for information and record. Concerned owner/next of kin/other concerned, if any may also be informed accordingly and that if he has anything to state in the matter, he may do so within a period of three months before the Licensing Authority, PHQ, Gangtok failing which, the arm shall be disposed off as per prescribed procedure.

Superintendent of Police,

State Reserve Lines, Gangtok...........................................................................................................................................................

No. Dated:

To

The Superintendent of Police, State Reserve Lines, Gangtok.

Reference your memo no. __________ dated _____________, necessary entry has been made in the PS records and the owner/next of kin/other concerned, if any has been duly informed of the orders pertaining to forfeiture of arms.

Station House Officer,

___________________ Police Station.

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Sikkim Police Manual

230

Form No. 29 Chapter – 7, Arms & Explosives Ref. Regulation 7.21(2)

FORMAT FOR INSPECTION OF EXPLOSIVES STORES / MAGAZINE:

(Fill in complete details here)

1. Name of Owner/Contractor:

2. License No. and Validity date:

3. Type and quantity of explosive allowed as per license:

4. Location of explosive magazine:

5. Location of use of explosive:

6. Details of Explosive Van being used:

7. Name of Shot firer engaged for Blasting operation along with license details:

8. Monthly Schedule of usage of explosive (Day to Day):

9. Distance of Magazine House from Human Habitation (In Feet):

10. Is there any opposition to the presence of Magazine House:

11. Details of any Accidents etc in the past:

(Fill in Yes or No along with details whereever required)

12. Is Lightening Conductor present on the Site:

13. Is Lightening Conductor tested for continuity and Resistance. If yes when and by whom

14. Is Mark License No and validity Prominently marked on licensed premises:15. Has fencing being provided. If yes its distance from Magazine House:

16. Has Security guard’s shelter been provided. If yes, its distance from Magazine House:

17. Name and No of Security Guard employed. Have all of them been physically verified by you:

18. Is a Gangway provided between stock of explosive boxes and wall. If yes its measurement (Distance between boxes and wall):

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Volume III

231

Form No. 29 (contd.)

19. Is the site marked ‘Danger-explosive’ and ‘Turn off radio Transmitter’ along with Red Flag:

20. Are Records being maintained of stock position usage etc. If yes by whom (Name, Address etc):

21. Do there exists separate storage for High Explosives and Detonator. If yes give specification:

22. Is the Magazine House ready with Fire- Fighting Equipment. If yes, give the details of equipment available:

23. Is Cemented trough with filled in water provided at the entrance of the Magazine:

24. Inside the Magazine House, does there exist a 12 mm thick Red line about 2.5 m above the floor level:

25. Quantity of explosive present in the Magazine. Is it in excess of the limit set by license:

26. Comment on the following: i) How is misfired explosives being stored:

ii) General Condition of the Magazine House as well as Surroundings. (Comment on Health of Building, Carpeting, presence of Grass etc):

iii) Any other comment/short coming etc. noticed by Inspecting officer:

Place:

Date:

Name and Designation of Inspecting Officer

Please go through the relevant provision of Explosive Rules / Explosives Act before going for any inspection.

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Sikkim Police Manual

232

Form No. 30 Chapter - 10, Plg. & Mdn. Ref. Regulation 10.3 (8)

REGISTER OF FIXED ASSETS

Name and description of the Fixed Assets ……………………………………………….

Date Particulars of Asset

Particulars of supplier Cost of the Asset Location of the Asset

Remarks

Name and Address

Bill No. and date

1 2 3 4 5 6 7

NOTE: The items of similar nature but having significant distinctive features (e.g. office table, computer table, etc.) should be accounted for separately in stock.

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Volume III

233

Form No. 31 Chapter 12, - Communication & Computer branch Ref. Regulation 12.9 (2)

MESSAGE FORM

Name of State…………………………………………………… Reg. No…………………

In Call Priority trans Instruction NR GR

Out

Above the line for use of Radio Staff only

To -------------------------------------------------------------------------------------------------------- INFO ---------------------------------------------------------------------------------------------------- From ----------------------------------------------------------------------------------------------------

Originator’s Number Date In reply to Dated

Priority Originator’s Signature and Designation

Below this line for use of Radio Staff only

Time In Date Time Out Date

Reader Sender

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Sikkim Police Manual

234

Form

No.

32

Cha

pter

12,

- C

omm

unic

atio

n &

Com

pute

r br

anch

Ref

. Reg

ulat

ion

12.1

6(1)

RA

DIO

ST

AT

ION

IN

ME

SSA

GE

RE

GIS

TE

R

Dat

eR

egis

ter

num

ber

NR

N

o.St

n.

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235

Form

No.

33

Cha

pter

12,

- C

omm

unic

atio

n &

Com

pute

r br

anch

Ref

. Reg

ulat

ion

12.1

6(1)

RA

DIO

ST

AT

ION

OU

T M

ESS

AG

E R

EG

IST

ER

Dat

eN

umbe

r (N

R)

Ori

gina

-to

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Num

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Stat

ion

To

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rity

GR

OU

PS

(GR

)T

OO

TH

IT

ime

out

Sign

atur

eR

emar

ks

PR

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

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Form No. 34 Chapter 12, - Communication & Computer branch Ref. Regulation 12.16(11)

RADIO LOG

Station Frequency

Call Sign Date

Time To FromSignal Strength

ParticularsHis Mine

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Form No. 35 Chapter – 15, Check Post Branch Ref. Regulation 15.5 (3) (i)

GOVERNMENT OF SIKKIMIDENTITY CARD FOR STAY/ENTRY IN PROTECTED AREA

(vide Government of Sikkim notification No. S/480.HP dated 25.2.1965)

(Tibetans)

Serial No. ……………….. Date of issue …………….

Valid up to ………………

Renewed up to………….. Signature…………………

Renewed up to…………... Signature…………………

Renewed up to ………….. Signature…………………

R.C. No. ……………………………./ PAP No………………………………...............……..

Name ………………………………………………………Sex …………….....................................

S/o, d/o, w/o ………………………………………………………………….....................................

Age/date of birth ………...........… Nationality ………………………………………...…..……….

Visible identification marks …………………………………………………………….................…

Protected area/ places where the holder of this permit is permitted to go to/ stay at ………………..

...…………………………………………………………...................................................................

Route to be followed by the holder of the permit ………………………………………...............….

Note: (1) The holder of this permit shall confine himself/herself to a radius of ……… kilometers from the place

where he/she is permitted to stay, and he/she shall not go near any military unit/installation.

(2) The holder of this permit must carry it with him/her at all times, and shall produce this permit for inspection on demand by any police officer.

(3) The holder of this permit shall be responsible for its renewal before the expiry of the current validity. His/her stay in the protected area without a valid permit shall render him liable to imprisonment for a period which may extend to 3 years or fine up to Rs. 1,000/- or both.

(4) This permit shall become automatically void on the expiry of the validity of the RC No./PAP No. mentioned herein, irrespective of the validity of this permit.

SP/Check Post Sikkim Police

Photograph

&

Stamp mark

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Form No. 35 A Chapter - 15, Check Post Branch Ref. Regulation 15.5 (3) (i)

REGISTER OF IDENTITY CARDS ISSUED TO(TIBETANS AND NEPALI NATIONALS)

FOR ENTRY / STAY IN PROTECTED AREAS.

IDENTITY CARD NO.__________

Date of Issue___________________

NAME .............................................................................................................................................................

Father’s /husband’s name ...............................................................................................................................

Sex .............................. Age/Date of Birth ....................................................................................................

Permanent Address ........................................................................................................................................

Present Address .............................................................................................................................................

Marks of Identification ..................................................................................................................................

Temporary residentialPermit No. in case of Tibetan .......................................................................................................................

Passport/ILP No. ...........................................................................................................................................

Permitted to stay at .......................................................................................................................................

Record of renewal

From To Signature

SP/Check Posts Sikkim Police

PassportPhoto

&Stamp mark

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239

Form No. 36 Chapter -15, Check Post Branch Ref. Regulation 15.5 (3) (ii)

GOVERNMENT OF SIKKIMIDENTITY CARD FOR STAY/ENTRY IN PROTECTED AREA

(vide Government of Sikkim notification No. S/480.HP dated 25.2.1965)

(Locals)

Serial No. ……………….. Date of issue …………….

Valid up to ………………

Renewed up to………….. Signature…………………

Renewed up to…………... Signature…………………

Renewed up to ………….. Signature…………………

Name ……………………………………………………............................…Sex …………….....................

S/o, d/o, w/o …………………………………………......................……........…………………...................

Age/date of birth …………………………………………………...........................………………………...

Visible identification marks ………….............................……………………………………………………

Permanent address ……………………............................……………………………………………………

Protected area/places where the holder of this permit is permitted to go/ to stay at ………………………

…………………………………………………………...............................................................……………

Route to be followed by the holder of the permit ………............................………………………………….

Note:

(1) The holder of this permit shall confine himself/herself to a radius of ……… kilometers from the place

where he/she is permitted to stay, and he/she shall not go near any military unit/installation.

(2) The holder of this permit must carry it with him/her at all times, and shall produce this permit for

inspection on demand by any police officer.

(3) The holder of this permit shall be responsible for its renewal before the expiry of the current validity.

His/her stay in the protected area without a valid permit shall render him liable to imprisonment for a

period which may extend to 3 years or fine up to Rs. 1,000/- or both.

SP/Check Post Sikkim Police

Photograph

&

Stamp mark

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240

Form No. 36 A Chapter – Check Post Branch Ref. Regulation 15.5 (3) (ii)

REGISTER OF IDENTITY CARDS ISSUED TO SIKKIMESE PERSONNEL FOR ENTRY /STAY IN PROTECTED AREA.

IDENTITY CARD NO.__________

Date of Issue __________________

NAME ..............................................................................................................................................................

Father’s /husband’s name .................................................................................................................................

Sex .............................................. Age/Date of Birth .......................................................................................

Permanent Address ...........................................................................................................................................

Present Address ................................................................................................................................................

Marks of Identification .....................................................................................................................................

Permitted to stay at ...........................................................................................................................................

Record of renewal

From To Signature

SP/Check Post Sikkim Police

Passport

Photo

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241

Form No. 37 Chapter -15, Check Post Branch Ref. Regulation 15.5 (3) (iii)

REGISTER OF IDENTITY CARDS ISSUED TO NON LOCAL INDIAN NATIONALS FOR ENTRY / STAY IN PROTECTED AREA.

IDENTITY CARD NO.__________

Date of Issue __________________

NAME ..............................................................................................................................................................

Father’s /husband’s name .................................................................................................................................

Sex .............................................. Age/Date of Birth .......................................................................................

Permanent Address ...........................................................................................................................................

Present Address ................................................................................................................................................

Marks of Identification .....................................................................................................................................

Permitted to stay at ...........................................................................................................................................

Record of renewal

From To Signature

SP/Check Post Sikkim Police

Passport

Photo

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242

Form No. 37 A Chapter -15, Check Post Branch Ref. Regulation 15.5 (3) (iii)

GOVERNMENT OF SIKKIMIDENTITY CARD FOR STAY/ENTRY IN PROTECTED AREA

(vide Government of Sikkim notification No. S/480.HP dated 25.2.1965)(Non Local Indians)

Serial No. ……………….. Date of issue …………….

Valid up to ………………

Renewed up to………….. Signature…………………

Renewed up to…………... Signature…………………

Renewed up to ………….. Signature…………………

Name ………………………………………………………Sex …………....................................…

S/o, d/o, w/o …………………………………………………………………....................................

Age/date of birth ………… ……………………………………………………………..............…..

Visible identification marks …………………………………………………………................……

Permanent address …………………………………………………………………………..............

Protected area/places where the holder of this permit is permitted to go to/ stay at ………...………

………………………………………………………………......................................................……

Route to be followed by the holder of the permit …………………………………...............……….

Note:

(1) The holder of this permit shall confine himself/herself to a radius of ……… kilometers from the place where he/she is permitted to stay, and he/she shall not go near any military unit/installation.

(2) The holder of this permit must carry it with him/her at all times, and shall produce this permit for inspection on demand by any police officer.

(3) The holder of this permit shall be responsible for its renewal before the expiry of the current validity. His/her stay in the protected area without a valid permit shall render him liable to imprisonment for a period which may extend to 3 years or fine up to Rs. 1,000/- or both.

SP/Check Post

Sikkim Police

Photograph&

Stamp mark

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243

Form No. 38 Chapter -15, Check Post Branch Ref. Regulation 15.5 (3) (iv)

GOVERNMENT OF SIKKIMIDENTITY CARD FOR STAY/ENTRY IN PROTECTED AREA

(vide Government of Sikkim notification No. S/480.HP dated 25.2.1965)

(Grazers, Herdsmen, labourers)

Serial No. ……………….. Date of issue …………….

Valid up to ………………

Renewed up to………….. Signature…………………

Renewed up to…………... Signature…………………

Renewed up to ………….. Signature…………………

R.C. No. …………………….............…......PAP No…………………...............…......…………….

Name …………………………...…………………………Sex …………….....................................

S/o, d/o, w/o …………………………………………………………….........……............................

Age/date of birth ………............… Nationality ……………………………………......……………

Visible identification marks ……………………………………………………….................………

Protected area/places where the holder of this permit is permitted to go to/ stay at …………………

……………………………………………………………………...........................................………

Route to be followed by the holder of the permit …………………...............……………………….

Note: (1) The holder of this permit shall confine himself/herself to a radius of ……… kilometers from the place

where he/she is permitted to stay, and he/she shall not go near any military unit/installation.(2) The holder of this permit must carry it with him/her at all times, and shall produce this permit for

inspection on demand by any police officer.(3) The holder of this permit shall be responsible for its renewal before the expiry of the current validity.

His/her stay in the protected area without a valid permit shall render him liable to imprisonment for a period which may extend to 3 years or fine up to Rs. 1,000/- or both.

(4) This permit shall become automatically void on the expiry of the validity of the RC No./PAP No. mentioned herein, irrespective of the validity of this permit.

SP/Check Post

Sikkim Police

Photograph&

Stamp mark

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244

Form No. 38 A Chapter -15, Check Post Branch Ref. Regulation 15.5 (3) (iv)

REGISTER OF IDENTITY CARDS ISSUED TO GRAZIERS FOR ENTRY/STAY IN PROTECTED AREAS

IDENTITY CARD NO.__________

Date of Issue __________________

NAME...............................................................................................................................................

Father’s /husband’s name.................................................................................................................

Sex............................................................Age/Date of Birth...........................................................

Permanent Address............................................................................................................................Present Address................................................................................................................................

Marks of Identification.....................................................................................................................

Temporary residentialPermit No. in case of Tibetan...........................................................................................................

Passport/ILP No................................................................................................................................

Permitted to stay at...........................................................................................................................

Record of renewal

From To Signature

SP/Check Post Sikkim Police

Photograph&

Stamp mark

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Volume III

245

Form No. 39 Chapter -15, Check Post Branch Ref. Regulation 15.5 (3) (v)

GOVERNMENT OF SIKKIMTEMPORARY PERMIT FOR STAY/ENTRY IN PROTECTED AREA

(vide Government of Sikkim notification No. S/480.HP dated 25.2.1965)

(Construction workers valid upto 3 months)

Serial No. ……………….......Date of issue ……………….............................

Name……………………………………………………………………….....

Sex ……………...................Age/date of birth …………………....................

S/o, d/o, w/o ………………………………………………………………….

Permanent address ………………………………………………………………………….

……………………………………………………………………………………………….

……………………………………………………………………………………………….

Company/Establishment sponsoring the permit holder ……………………………………..

……………………………………………………………………………………………….

Places permitted to enter/stay …………………………………………………………….....

Date of expiry of the permit ………………………………………………………………....

Note: (1) The holder of this permit shall confine himself/herself to a radius of ……… kilometers from the place

where he/she is permitted to stay, and he/she shall not go near any military unit/installation.

(2) The holder of this permit must carry it with him/her at all times, and shall produce this permit for inspection on demand by any police officer.

(3) The holder of this permit shall be responsible for its renewal before the expiry of the current validity. His/her stay in the protected area without a valid permit shall render him liable to imprisonment for a period which may extend to 3 years or fine up to Rs. 1,000/- or both.

SP/Check Post Sikkim Police

Photograph&

Stamp mark

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Sikkim Police Manual

246

Form

No.

39

A

Cha

pter

-15

, Che

ck P

ost B

ranc

h

Ref

. Reg

ulat

ion

15.5

(3)

(v)

RE

GIS

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R F

OR

PE

RM

ITS

ISSU

ED

TO

TE

MP

OR

AR

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OR

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FO

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NT

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/ST

AY

IN

PR

OT

EC

TE

D A

RE

A.

Sl. N

o.N

ame

Fath

er/

Hus

band

N

ame

Age

/DO

BPe

rman

ent

Add

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f sp

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ag

ents

Perm

it va

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and

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o

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247

Form No.40 Chapter -15, Check Post Branch Ref. Regulation 15.5 (3) (vi)

OFFICE OF THE INSPECTOR GENERAL OF POLICECHECKPOST BRANCH

GANGTOK(For Tourist)

T.P. NO…………………………./IGP/CP Dated…………….…..

The holders of this permit listed below is/are permitted to visit………........………………………...

falling within the Restricted/Protected area of East/North Sikkim.

01.……………………………………………… 06………………………………………………....

02……………………………………………… 07…………………………………………………

03……………………………………………… 08…………………………………………………

04……………………………………………… 09…………………………………………………

05……………………………………………… 10………………………………………………….

Driver’s Name………………………………………….Veh. No. SK/……….................…………….

D.L. No…………………………This permit is valid w.e.f………………..to……………………….

under Notification No. S/480/HP dated 25.02.1965.

SP/Check Posts Sikkim Police

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Sikkim Police Manual

248

Form

No.

40

A

Cha

pter

-15

, Che

ck P

ost B

ranc

h

Ref

. Reg

ulat

ion

15.5

(3)

(vi

)

RE

GIS

TE

R F

OR

PE

RM

ITS

ISSU

ED

TO

TO

UR

IST

VIS

ITIN

G P

RO

TE

CT

ED

AR

EA

S.

Sl.

No.

Nam

eFa

ther

/H

usba

nd

Nam

e

Age

Perm

anen

t A

ddre

ssL

ocal

A

ddre

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of

visi

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mit

valid

Sign

atur

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From

To

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Volume III

249

Form No. 41 Chapter – 16 & 23, DCRB, PS, Functions & Management Ref. Regulation 16.6(1) & 23.32(1)

CRIME CARD

1. Name of Police Station.2. Crime Number and Section.3. Date and time of occurrence (Note particularly whether by day or night)4. Village of occurrence, distance and direction from police station. (Note street name in the case of town).5. Description of the scene. (In the case of building, note its nature, such as dwelling house, shop, temple, etc).6. Nature and value of each item of property lost and total value. 7. Nature and value of each item of property Recovered and total value.

(to be printed on the reverse side of the crime card)

8. Brief facts of the case explaining MO details not given under items 5 and 6.9. Name and address of offender’s if suspected, known or arrested. If stranger, give description.10. Dates of receipt and enquiry (to be filled by receiving police stations)11. Remarks.

Station House Officer,

Date: ............................................Station.

TO BE FILLED IN BY DCRB/SCRB

Index No ___________________ Dated ____________

InchargeDCRB/SCRB

P.S.: Since a copy of Forms 41 & 42 shall be sent to DCRB and SCRB, they need to number it (Index) for easy retrieval later on.

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Sikkim Police Manual

250

Form

No.

42

Cha

pter

- 1

6, 2

3 &

24 D

CR

B, P

olic

e St

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Fu

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rs

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. Reg

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), 2

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nA

ddre

ssIn

jury

G

riev

ous/

Sim

ple

Mea

ns o

f ca

usin

g in

jury

12

34

56

78

910

1112

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Volume III

251

Form

No.

42

Cha

pter

- 1

6, 2

3 &

24 D

CR

B, P

olic

e St

atio

ns,

Fu

nctio

ns &

Man

agem

ent a

nd P

olic

e St

atio

n

R

ecor

ds &

Reg

iste

rs

Ref

. Reg

ulat

ion

16.6

(1)

, 23.

32(1

), 2

4.2

R5

(1)(

i)B

, 24.

3(2)

C

RIM

E D

ET

AIL

S F

OR

M

1. D

ist…

……

……

……

….

Pol

ice

Stat

ion

……

Yea

r …

……

..

FIR

. No

……

……

…..

D

ate

……

……

2. A

cts

and

Sect

ions

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

.

3. T

he P

lace

of

Occ

urre

nce

show

n by

:……

……

……

……

……

……

……

……

……

……

……

……

……

….…

N

ame…

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

F

athe

r’s/

Hus

band

’s N

ame…

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

A

ddre

ss:…

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

4. T

YPE

OF

CR

IME

(i)

Maj

or H

ead…

……

……

……

……

……

….(

ii) M

inor

Hea

d……

……

……

..……

……

..……

.…...

...…

…(i

ii)

Met

hods

(s)

1……

……

……

……

……

……

……

……

……

......

......

.……

……

….…

….…

…..…

….

2…

……

……

……

……

……

……

……

……

……

…...

......

...…

……

……

.……

....…

….

3…

……

……

……

……

……

……

……

……

……

…...

......

...…

……

……

.……

...…

…..

(iv)

C

onve

yanc

e us

ed …

……

……

……

……

……

……

……

……

……

…...

……

……

……

...…

.……

…...

…..

(v)

C

hara

cter

ass

umed

……

……

……

……

……

……

……

……

……

……

……

……

……

…...

....…

….…

..….

(vi)

L

angu

age/

Slan

g us

ed:…

……

……

……

……

……

……

……

……

……

……

……

……

…...

...…

…..…

......

(vi

i)

Spec

ial F

eatu

re -

1…

……

……

……

……

……

……

……

……

……

……

……

……

……

......

……

….…

S

peci

al F

eatu

re -

2.…

……

……

……

……

……

……

….…

……

……

……

……

……

..…...

.……

.…...

......

.

Spe

cial

Fea

ture

- 3

.……

……

……

……

……

……

……

……

……

……

……

……

…..…

....…

….…

......

.....

(v

iii)

Typ

e of

Pla

ce o

f O

ccur

renc

e……

……

……

……

……

……

……

……

……

……

……

…...

.……

…...

......

..

(ix)

T

ype

of P

rope

rty

invo

lved

(4

Typ

es):

(1)…

……

……

……

……

……

……

……

……

……

……

. (2

)……

……

……

……

…...

..……

….…

……

……

….

(3)…

……

……

……

……

……

……

……

……

……

……

. (4

)……

……

……

……

……

......

.……

……

……

……

Form

No.

42

(Con

td.)

5. P

artic

ular

s of

the

Vic

tims

(Atta

ch s

epar

ate

shee

t, if

req

uire

d):

Sl.

No.

Nam

e

Fath

er’s

N

ame/

Hus

band

’s

Nam

e

Dat

e/Y

ear

of B

irth

Sex

Nat

iona

lity

Rel

igio

nW

heth

er

SC/S

TO

ccu-

patio

nA

ddre

ssIn

jury

G

riev

ous/

Sim

ple

Mea

ns o

f ca

usin

g in

jury

12

34

56

78

910

1112

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Sikkim Police Manual

252

Form

No.

42

(Con

td.)

Mot

ive

of C

rim

e:…

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

. D

escr

iptio

n of

phy

sica

l evi

denc

e co

llect

ed f

rom

the

sce

ne o

f cr

ime

(for

the

prop

erty

rec

over

ed/s

eize

d fo

r th

e pu

rpos

e of

In

vest

igat

ion)

. A

ttach

sep

arat

e sh

eet,

if n

eces

sary

.

1.

Witn

ess

Nam

e……

……

……

……

……

……

……

……

… S

igna

ture

……

……

……

……

……

……

......

.....…

……

A

ddre

ss:…

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

......

.....…

……

2.

Witn

ess

N

ame…

……

……

……

……

……

……

……

….…

.Sig

natu

re…

……

……

……

……

……

......

.....…

……

……

A

ddre

ss:…

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

......

......

……

……

6. D

etai

ls o

f pr

oper

ties

Stol

en/I

nvol

ved

(Use

app

ropr

iate

pre

scri

bed

form

(s)

and

atta

ch):

7. D

ate

and

time

of v

isit

of th

e pl

ace

of o

ccur

renc

e:

D

ate:

……

……

……

……

……

……

……

……

……

..Tim

e:…

……

……

……

……

……

……

……

……

……

……

……

……

8. D

escr

iptio

n of

the

plac

e of

occ

urre

nce:

9.

Sket

ch/M

ap o

f th

e pl

ace

of o

ccur

renc

e (A

ttach

Ske

tch/

Map

with

lege

nds

sepa

rate

ly, i

f ne

eded

, if

to s

cale

.

In

dica

te s

o. M

ay b

e ce

rtifi

ed a

nd s

igne

d by

witn

esse

s, if

req

uire

d):

Sign

atur

e of

the

Inve

stig

atin

g O

ffice

r

N

ame…

……

……

……

……

……

……

……

……

……

……

.

Plac

e:…

……

……

……

……

……

…..

Ran

k:…

……

……

……

……

……

……

….N

o……

……

…...

.

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Volume III

253

Form No. 43 Chapter – 16, DCRB Ref. Regulation 16.6 (4)

MONTHLY STATION CRIME REPORT REGARDING PROGRESS OF CASE FOR THE MONTH ENDING ……………………….

Name of Station:

Cri

me

No.

Sect

ion

of la

w

Val

ue a

nd d

etai

ls o

f pr

oper

ty lo

st

Val

ue a

nd d

etai

ls o

f pr

oper

ty r

ecov

ered

Nam

e an

d ad

dres

ses

of o

ffen

ders

(i)

if

arr

este

d w

rite

(+)

agai

nst e

ach

nam

e an

d sh

ow p

lace

and

dat

e of

arr

est.

(2)

If

abs

cond

ing

wri

te (

-) a

gain

st e

ach

nam

e (3

)If

conv

icte

d gi

ve c

onvi

ctio

n pa

rtic

ular

s (4

) If

off

ende

r is

an

ex-c

onvi

ct

furn

ish

MO

det

ails

and

par

ticul

ars

of

prev

ious

con

vict

ions

.

Nam

e, a

ddre

sses

and

des

crip

tive

pa

rtic

ular

s of

per

sons

rea

sona

bly

susp

ecte

d w

ith r

easo

ns f

or s

uspi

cion

.

MC

R p

age

num

ber

(to

be fi

lled

by th

e B

urea

u).

Rem

arks

.

(1) (2) (3) (4) (5) (6) (7) (8)

N.B. : This should contain information not only in respect of cases reported during the month but also in respect of cases of previous months in which offenders came to light.

S.H.O.___________P.S.

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Sikkim Police Manual

254

Form No. 44 Chapter - 16, DCRB Ref. Regulation 16.6 (5), 16.11

MONTHLY REPORT ON PROBABLE DATES OF RELEASE OF ALL HISTORY SHEETED PERSONS INCLUDING DOSSIER CRIMINALS DURING THE MONTH ENDING ..................……… AND LIKELY TO BE RELEASED IN NEXT FOUR WEEKS.

Name of Station :

Sl.N

o.

Nam

e an

d fa

ther

’s n

ame

with

al

iase

s, v

illag

e an

d po

lice

stat

ion.

Stat

ion.

Cri

me

No.

and

Sec

tion

in w

hich

con

vict

ed.

Mod

us O

pera

ndi d

etai

ls.

Sphe

re o

f op

erat

ion.

H.S

. No.

and

Dos

sier

No.

, if

a D

ossi

er C

rim

inal

.

Prob

able

dat

e of

rel

ease

(a

llow

ing

for

rem

issi

on).

Act

ual d

ate

of r

elea

se

Rem

arks

.

(1) (2) (3) (4) (5) (6) (7) (8) (9)

Date ___________ SHO ___________PS

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Volume III

255

Form No. 45 Chapter -16, DCRB Ref. Regulation 16.6 (6)

REPORT OF THE ARREST OF A STRANGER OR A HISTORY SHEETED PERSON UNDER SUSPICIOUS CIRCUMSTANCES OR IN A SPECIFIC CRIME

Nam

e an

d fa

ther

’s n

ame

with

alia

ses

as

give

n by

the

arre

sted

per

son

Cri

me

No.

and

Sec

tion

and

date

of

arre

st.

Occ

upat

ion

as g

iven

by

the

arre

sted

per

son

Nam

es a

nd a

ddre

sses

of

clos

ely

rela

ted

pe

rson

s as

giv

en b

y th

e ar

rest

ed p

erso

ns

Prev

ious

con

vict

ions

, if

any,

as

give

n

by th

e ar

rest

ed p

erso

n

Age

, Hei

ght a

nd o

ther

des

crip

tive

part

icul

ars

Any

oth

er u

sefu

l inf

orm

atio

n to

est

ablis

h hi

s id

entit

y.

Nat

ure

and

val

ue o

f ea

ch it

em o

f pr

oper

ty s

eize

d w

ith f

ull d

escr

iptiv

e pa

rtic

ular

s.

Acc

ount

of

his

mov

emen

t as

give

n by

him

The

res

ult o

f in

terr

ogat

ion

in r

egar

d to

his

co

mpl

icity

in a

ny c

rim

e.

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Date ___________ SHO ___________PS

Note: This report should be sent to the Bureau as soon as the arrest is made.

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Sikkim Police Manual

256

Form No. 46 Chapter-16&24, DCRB & Police Station Records & Registers Ref. Regulation 16.6 (6) & 24.3(3)

ARREST / COURT SURRENDER FORM(Separate Memo for each accused)

1. Dist. …………………. P.S. …………….…….. Year………….….. FIR No….............…… Proceeding No…………….……….. GD No………………..…….. Date…….........……….. Alphanumeric Code of the Accused….....................……(Write A1 to A9 for the first 9 persons. B1 for 10th person and so on)

2. Date, Time & Place of Arrest/Surrender: Date…....……. Time…...……… GD.No…..........…

Place of Arrest:……………...........…….. PS…………….....………. Dist……………………

3. Name of the Court (if surrendered): .....……………………………...........……………………….

4. Acts and Sections: .................……………………………………………………………………..

5. Arrested and forwarded/Arrested and released on bail or PR bond/Arrested but released on anticipatory bail/Arrested and remanded to police custody/Surrendered in court and bailed out/Surrendered in court and sent to judicial custody / Surrendered in court and remanded to police custody (tick ‘’ applicable portion).

6. Particulars of the Accused: (i) Name……………………………………………………..………….................………….

(ii) Father’s/Husband’s/Guardian Name………………..………………….................………

(iii) First Alias:………………………………………………..…………….................………

(iv) Second Alias:…………………………….…………………………….................……….

(v) Nationality:……………………....…(vi) (a) Voter Id. Card No………...............………. (b) Passport No……….......(c) Date of issue……….........…. (d) Place of issue........……

(vii) Religion………………...............…… (viii) Caste/Tribe……………………....…………

(ix) S.C./S.T/OBC…………....…… (x) Occupation…………….............……........…………

(xi) Permanent address:…………………….................…………………………..……………

………………………….. Dist………....…………….…….. P.S………........…...………

(xii) Present Address……………………………………................……………..……………..

…………………………… Dist………...........…………………. P.S…………...........……………

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Volume III

257

Form No. 46 (Contd.) 7. Injuries, causes of injuries and physical condition of the accused person (indicate if medically

examined). ……………………………………………………..............…………………………………… ……………………………………………………..............……………………………………

8. The accused, after being informed of the grounds of arrest and his legal rights, was duly taken into custody on - - - - - - - -

(date) at…….......……… (hours) at…………......…….. (place) ………………………………

The following article(s) was/were found on physical search, conducted on the person of the accused, and were taken into possession for which a receipt was given to the accused.**

1……………………………...…………… 2………...…………………………………… 3……………………………...…………… 4………...…………………………………… 5……………………………...…………… 6………...……………………………………

Necessary wearing apparels were left on the accused for the sake of human dignity and body protection.

The accused was cautioned to keep himself/herself covered for purpose of identification. Intimation given to (name) (Relationship) …………………………

**If no article found ‘NIL’ may be indicated in the blank space provided:

9. Physical features, deformities and other details of accused:

Sex Date/Year of Birth Build Height in cms Complexion Identification Mark(s)

1 2 3 4 5 6

(For Modus Operandi Offences only)

Deformities/peculiarities Teeth Hair Eyes Habit(s) Dress Habits

7 8 9 10 11 12

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Sikkim Police Manual

258

Form No. 46 (Contd.)

Languages/ Dialect

P L A C E O F

Burn Mark Leucoderma Mole Scar Tattoo

13 14 15 16 17 18

Other Features (1)…………..................…………………………………………………..………

10. Whether finger-print taken or not ? …….................………………………………………………..

11. Socio-economic profile of the accused showing:(a) Living Status: Living alone/Living with family / with associate in Pucca House/ Hotel/Hostel/Kachcha House/Thatched House/Slum/Homeless/Harbourer

(b) Educational qualification(s):………..................………………………………………………

(c) Occupation:……………………………..................…………………………………………..

(d) Income Group (tick)

(i) BPL (ii) Middle Income Group (iii) High Income Group

12. Whether the accused person, as per the observations and known police records:

(a) Is dangerous : Yes/No

(b) Previously escaped any bail : Yes/No

(c) Is generally armed : Yes/No

(d) Operates with accomplices : Yes/No

(e) Has past criminal record : Yes/No

(f) Is recidivist : Yes/No

(g) Is likely to escape bail : Yes/No

(h) If released on bail, likely to commit : Yes/No

crime or threaten victims/witnesses (i) Is wanted in any other case : Yes/No

(If Yes, give case ref./Sec.)

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Volume III

259

Form No. 46 (Contd.)

13. Name and Address of the witnesses Signature

(At least one witness is necessary)

1.

2.

14. Signature or LTI of the Arrested Person.

Signature of the investigating Officer with:

Name…………………………….................……….

Rank……………………………..................………..

Number, if any:…………………..................……….

Place:………………………. Date:………….............…………..................….……

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Sikkim Police Manual

260

Form No. 47 Chapter – 16, DCRB & 18, Finger Print Bureau Ref. Regulation 16.6 (7), 18.1(6)

CONVICTION MEMORANDUM

(To be retained in station). (To be despatched to the Finger Print Bureau through the Superintendent of Police).

1. Name : 1. Name :

2. Father’s Name. : 2. Father’s Name :

3. Crime Number and Section. : 3. Religion/Caste :

4. Date of Despatch. : 4. Age :

5. Station. : 5. Residence : Village -

Police Station -

Station House Officer : District -

6. Present Station -

Conviction : Cr. No. -

Section -

Court, CC No. -

And date -

7. Previous convictions :

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Volume III

261

Form No. 47 (Contd.)

General Description – Age, Height, Peculiarity of Speech, Gait, any Malformation, Loss of any Limb, Eye or Tooth.

Permanent and conspicuous marks and scars.

1. Whether likely to commit crime outside station limits (say Yes or No )

2. Whether to be shadowed on release (say Yes or No )

Station House Officer

RetainOrder of Superintendent of Police -------------- Destroy.

Finger Prints. P.R./S.

The man’s convict No _________________ is _________________ of Jail _________________________

Finger Prints taken on……………………............................…………....…...………………………………

At………………………………………........…….............................…………………………..……………

Signature of Finger Print Officer at Jail

The Finger Print slip sent with this memorandum has been assigned Finger Print

Bureau Serial No……………………….………

Officer-in-Charge, Finger Print Bureau.

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Sikkim Police Manual

262

Form

No.

48

Cha

pter

- 1

6, D

CR

B

Ref

. Reg

ulat

ion

16.6

(7)

……

……

……

……

……

……

…..

STA

TIO

N C

RIM

E H

IST

OR

Y (P

AR

T I

) FO

R

Cri

me

Num

ber,

D

ate,

Tim

e (D

ay o

r N

ight

) an

d IP

C S

ectio

n

Nam

e of

the

Com

plai

nant

VIL

LA

GE

Dis

tanc

e an

d di

rect

ion

from PS

VA

LU

E &

NA

TU

RE

OF

PRO

PER

TY

Cla

ssi-

ficat

ion

Any

use

ful i

nfor

mat

ion

resp

ectin

g m

odus

op

eran

di o

r an

y di

scov

ery

mad

e du

ring

th

e in

vest

igat

ion,

in

clud

ing

the

nam

es o

f th

e kn

own

or s

uspe

cted

ac

cuse

d w

ith g

roun

ds o

f su

spic

ion

and

the

resu

lt of

the

case

.

Nam

eD

istr

ict

Los

tR

ecov

ered

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

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Volume III

263

Form

No.

48A

C

hapt

er -

16&

24, D

CR

B &

Pol

ice

Stat

ion

R

ecor

ds &

Reg

iste

rs

Ref

. Reg

ulat

ion

16.6

(8)

& 2

4.3(

7)

RE

SUL

T O

F A

PP

EA

L F

OR

MIN

TH

E C

OU

RT

OF…

……

……

……

……

……

……

.

1.

Dis

t……

……

……

......

....…

….P

.S, …

……

......

......

..……

……

Yea

r ...

......

....…

..FIR

No.

/Pro

ceed

ing

No…

……

......

.…. D

ate…

……

……

2.

Cha

rge

Shee

t No…

……

……

....…

……

. Dat

e……

……

..……

……

…..

3.

Judi

cial

File

/Cou

rt C

ases

No

……

……

……

......

......

......

......

.……

.……

4.

App

ella

nt P

arty

……

……

……

……

…...

......

....…

......

......

......

....…

Sta

te/A

ccus

ed C

ompl

aina

nt…

……

......

......

......

......

..……

.……

……

……

5.

App

eal N

o……

……

……

……

……

......

.……

…..

6.

Dat

e of

App

eal…

……

……

…...

..……

…..7

. D

ate

of J

udgm

ent…

......

......

......

……

8.

Part

icul

ars

of th

e re

sults

of

App

eal i

n re

spec

t of

the

Adu

lt A

ccus

ed P

erso

ns:

Sl.

No.

Nam

e of

th

e A

ccus

ed

Prov

isio

nal

Cri

min

al

No.

Reg

ular

C

rim

inal

N

o.

Act

s &

Sec

tions

of

Law

und

er

whi

ch c

onvi

cted

Res

ult

of

App

eal

Typ

e of

Pu

nish

men

tPe

riod

of

Puni

shm

ent

Am

ount

of

Fin

ePe

riod

of

Bon

dA

mou

nt

of B

ond

12

34

56

78

910

11

The

col

umns

sho

win

g “A

cts

and

Sect

ions

of

Law

” on

war

d sh

ould

be

fille

d up

onl

y in

cas

e w

hen

ther

e is

cha

nge

in p

unis

hmen

t in

cas

e of

co

nvic

tion

or w

hen

acqu

ittal

is s

et a

side

, bot

h in

res

pect

of

adul

ts a

nd ju

veni

les.

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Sikkim Police Manual

264

Form

No.

48

A (

Con

td..)

9. P

artic

ular

s of

the

resu

lts o

f ap

peal

in r

espe

ct o

f Ju

veni

les:

Sl.

No.

Nam

e of

the

Acc

used

Prov

isio

nal

Cri

min

al N

o.R

egul

ar

Cri

min

al

No.

Act

s &

Se

ctio

n of

L

aw u

nder

w

hich

co

nvic

ted

Res

ult o

f A

ppea

l

Typ

e of

Pun

ish-

men

t

Peri

od o

f D

eten

tion/

C

are

Am

ount

of

fine

Nam

e &

Add

ress

of

the

Spec

ial H

ome/

Juve

nile

H

ome/

Obs

erva

tion

Hou

se to

whi

ch s

ent

12

34

56

78

910

10. A

ny N

otab

le o

bser

vatio

ns o

f th

e A

ppel

late

Cou

rt o

n th

e In

vest

igat

ion/

Pros

ecut

ion/

Low

er C

ourt

s

11. O

ther

Com

men

ts/S

tric

ture

s pa

ssed

by

the

Cou

rt.

12. R

emar

ks, p

artic

ular

ly in

reg

ard

to f

urth

er a

ppea

l, if

any

.

Sign

atur

e an

d……

……

……

......

……

……

…..…

…..

Nam

e of

the

Cou

rt I

nspe

ctor

…...

..……

……

……

Pr

epar

ing

the

Mem

o.

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265

Form No. 49 Chapter – 16, DCRB Ref. Regulation 16.6(9)

QUARTERLY REPORT ON THE CURRENT DOINGS OF DOSSIER CRIMINALS

Station........................ For the quarter ending..........................................

S. No. D.C.No. Name with Aliases

Details of Current doings (Note whether present throughout the quarter or absent at any period, whether suspected or arrested in any case, whether sent for jail and, if so, conviction particulars, whether absent and, if so, from what date and whether released from jail with date. ABC’s absence other than for going out of view, if unaccounted for, should be reported).

(1) (2) (3) (4)

Date _____________ SHO ___________PS

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266

Form No. 50A Chapter -16&24, DCRB and Police Station Records & Registers Ref. Regulation 16.8(1) and 24.2 R5 Part V(i)

COVER SHEET FOR DOSSIER

DOSSIER No……………………………………..

1. Name of Police Station where a History Sheet is maintained and its number. : ……………………..............................……….………….…………

2. Name………………………………………………………….............................……………………….

3. Father’s / Husband’s Name………………………………….............................…………………………

4. Village of residence………………………………………………............................……………………

5. Voter I.D. No/Aadhar No………………………………………………............................……………...

6. Date of opening Dossier…………………………………………………...........................……………..

7. Names of Crime Bureaux where : also a Dossier is maintained for this person, together with its number at each of those Bureaux :……………………………………..............................……………..

8. Date of closing Dossier : ………………………………………………..........................……………….

(For special instructions for filling in particular headings of the Dossier, see inside cover)

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267

Form No. 50B Chapter-16&24, DCRB and Police Station Records & Registers Ref. Regulation 16.8(1) and 24.2 R5 Part V(i)

COVER SHEET FOR HISTORY SHEET

HISTORY SHEET

1. History Sheet No………………………………………………………………....................................…

2. Dossier No. (if any)…………………….……………………………………..................................……

3. Police Station…………………………………………………………………..................................…… 4. Name………………………………………………………………………….................................…….

5. Father’s/Husband’s Name…………………………………………………....................................……..

6. Village of residence……………………………………………………………..................................…..

7. K.D./Suspect…………………………………………………………………….................................…..

8. Date of opening History Sheet…………………………………………………..................................…. 9. Date of expiry of History Sheet……………………………………………….................................…….

(to be noted in pencil)

10. Date of closing History Sheet……………………………………………………................................….

NOTE: (1) Delete what is not applicable.

(2) For special instructions for filling in particular headings of the History Sheet, see inside cover.

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Sikkim Police Manual

268

Form No. 50 B (Contd.)

(Instructions for filling in particular headings of a History Sheet / Dossier)(To be printed on inside cover)

NOTE : Almost all the headings are obvious and no special instruction is necessary to fill them in correctly. However, from experience, it is noticed that mistakes are often committed in filling in certain headings and, it is in respect of these, the following instructions are given.

ITEM: 8. Class of offender while noting the modus operandi, symbols like I, II-A, etc must not be used. MO classification, as given, should be noted. Besides this, details of MO, even though they be minor, should be noted. This is necessary, because the broad classification of MO may be the same for two criminals, but in minor details they would differ, and these details are the ones that determine the individuality of the criminal. Full modus operandi details of each of the cases in which the criminal is convicted with the nature and value of property stolen should be given. These cases should be the same as those given in item 16.

ITEM: 10. Relatives. When the History Sheet is first prepared, the Station House Officer should visit the village of the criminal/suspect, get all the details of his relatives and note them. The entries so made should be verified from time to time. When any new relationship is contracted, e.g. by the marriage of his daughter, the particulars of the new relations should be noted. When any relative dies, his name should be scored out neatly in red ink and the work “DEAD” noted against his name.

ITEM: 11. Associates, Same instructions as for item 9.

ITEM: 18. Particulars of cases in which definitely suspected, with clear reason for suspicion, and miscellaneous information useful for a security case. Suspicion should be definite and reasonable. The miscellaneous information should be noted on the reverse of Sheet 6.

ITEM: 19. Particulars of convictions and of cases in which acquitted, discharged (including compounded cases). MO classification as given should be noted in respect of each case. The entries under this head should be compared with those under item 7 to see if all cases under this item find a place under item 7.

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269

Form No. 50C Chapter-16&24, DCRB and Police Station Records & Registers Ref. Regulation 16.8(1) and 24.2 R5 Part V(i)

HISTORY SHEETSHEET – 1

1. Name and aliases. 2. Father’s Name/Husband’s name

3. Caste

4. Trade of Profession

5. (a) Native place (district and Police Station). (b) Identifying witnesses (two or three), their fathers and address.

6. (a) Place of residence, with dates and periods. (b) Places visited with dates and periods.

7. Voter I Card No. / Aadhar No / Ration Card No.

8. Class of offender. (Append notes showing MO details, means of transport used, kind of property stolen, etc., in all cases in which any such features are (distinctive).

SHEET - 2

9. Description (Delete what is not applicable). If nothing extreme Under the head, delete all sub heads. Underline any very distinctive point. Also refer to list of physical peculiarities and Criminal Characteristics as given under the Sikkim Police Manual while filling this sheet.

Height : (which may be classified as tall 5’,8” and above, medium 5’,4”, short 5’,2” and very short Below.5).

Build : Thin, Medium, Fat

Hair : Colour-Black, Brown, Graying, Grey, Curly (no note about straight hair) Baldness – Frontal, rear

Fore-head. : Broad, Narrow, Wrinkles (Horizontal, Vertical)

Eye brows : Arched, Straight, joined, Thin, Thick, Bushy.

Eyes : Black, Brown, Blue, Small, Large, Sunken, Special peculiarities (Squint, Blood-shot, one eyed blind artificial).

Nose - Snub, Pointed.

Nostrils - Wide, Narrow, Straight, curved (Parrot like), Sunken at the root, special peculiarities.

Ears - Large, Medium, Small, Lobe, Large, Small, Hanging, Pierced, Special peculiarities (hair).

Lips - Thick, Thin, Hare lips, Protruding Upper lip.

Teeth - Small, large, Protruding, Over lapping Special peculiarities, Missing, Gold Pointed, Silver Pointed.

Chin - Double, Dimpled, Square, Pointed.

Passportsize

photo

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270

Form No 50C (contd.)

Face - Square, Oval, Round, Prominent, Cheek-bones, prominent-Jaw, Flabby-cheek, Sunken-cheek, Pock-pitted.

Moustaches - Complexion – Fair, Wheatish, Brownish, Blackish Beard

Leg - Bow legged, Knock-knee

Feet - Flat foot, toe missing, extra toe, special peculiarities

Speech - Stammer, Nasal, Feminine, Fast

Deformities - Hunchback, stopping, Lameness, pot bellied, six fingers and other deformities

SHEET - 3

10. Relatives (those he is likely to visit to be underlined or starred.)

Name and relationship Residence, Police Station.

Occupation Reference to History, if any.

11. Associates (those he is likely to visit to be underlined or starred)

Name, father’s Name and caste

Residence, Police Station

Occupation Nature of association and reference to History, if any

12. Name & address of lawyer

13. Name & address of sureties

SHEET - 4

14. Exact information regarding known methods of disposal of stolen property (cite cases) and names and residence of receiver.

SHEET - 5

15. Particulars of past arrests, when and where, and by whom harboured.

16. Localities in which he has committed crime (Specify any favourite locality and cite offences committed in particular localities.

17. History (how he became criminal, etc).

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271

Form No 50C (contd.)

SHEET - 6

18. Particulars of cases in which definitely suspected with clear reasons for suspicion, and miscellaneous information useful for a security case.

Section, modus Operandi and G.I.F.No.

District, Station and Crime number

Kind of property Summary

SHEET - 7

19. Particulars of convictions and cases in which acquitted, or discharged (including compounded cases).

Section M.O. and G.I.G. number

Station and Crime number

Kind and value of property

Court, C.C. number, date and sentence

F.P. Bureau serial number and date ; identifying witnesses; jail number date of release and return.

Lost Recovered

SHEET - 8

20. Current doings.

SHEET - 9

21 . Photograph sheet (separate boxes) Profile right Profile left. Full length. Full face Head and shoulders. Close up photographs of physical peculiarities with descriptions.

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Sikkim Police Manual

272

Form No. 50D Chapter - 24, Police Station Records & Registers Ref. Regulation 24.2 R6

INDEX TO HISTORY SHEET & PERSONAL FILES

Sl. No. of history sheet

Name, father’s name, village

Date of opening history sheet

Whether a personal file is also maintained, if so reference No.

Date on which the history sheet was closed or transferred to another PS

Reasons for closure or transfer of history sheet

Signature of SHO

1 2 3 4 5 6 7

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273

Form No. 51 Chapter – 16, DCRB Ref. Regulation 16.9

REGISTER SHOWING THE DOSSIER CRIMINALS OF THE BUREAU /K.Ds AND SUSPECTS IN THE POLICE STATION OF THE……....…DISTRICT.

Sl. No. Name and Father’sName and aliases.

Village and Police Station (if outside the dist, Give name of district)

Date of opening the dossier with reference number

Remarks

(1) (2) (3) (4) (5)

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Sikkim Police Manual

274

Form No. 52 Chapter – 16, DCRB Ref. Regulation 16.10

MODUS OPERANDI/ PARTICULARS OF HISTORY-SHEETED PERSONS WHO HAVE BEEN OUT OF VIEW BUT NOT WANTED IN ANY CASE

Name of Station:

Nam

e an

d f

athe

r’s

nam

e w

ith a

liase

s,

and

His

tory

She

et N

umbe

r.

Dat

e fr

om w

hich

abs

ent

(out

of

view

)

Age

, hei

ght,

and

phys

ical

or

othe

r pe

culia

ritie

s he

lpfu

l for

id

entifi

catio

n

Mod

us O

pera

ndi d

etai

ls.

(Giv

e na

ture

of

the

build

ing,

the

kind

of

prop

erty

he

is a

ddic

ted

to

stea

l and

oth

er d

etai

ls).

Plac

es o

f re

latio

ns,

asso

ciat

es a

nd o

ther

pla

ces

likel

y to

vis

it.

Sphe

re o

f op

erat

ion

Any

oth

er u

sefu

l inf

orm

atio

n to

est

ablis

h hi

s id

entit

y.

Rem

arks

(1) (2) (3) (4) (5) (6) (7) (8)

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Volume III

275

Form No. 53 Chapter – 16, DCRB Ref. Regulation 16.12(1)

NAME INDEX OF DOSSIER CRIMINALS

D.C. No. of the District.

D.C. Nos. of other districts Residence

Modus Operandi (Give all M.Os.) any speciality in M.O.

should be noted in detail.

(1) (2) (3) (4)

Name with aliases and Father’s Name: Sample entry : Naresh, Narre S/o. Prakash.

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Sikkim Police Manual

276

Form No. 54 Chapter – 16, DCRB Ref. Regulation 16.12(4)

MODUS OPERANDI INDEX

D.C.Number of the district

D.C. Nos.of other

districts

Name with aliases

Village, Station,

(Give name of district, if outside the district).

Sphere of operation

Full M.O. details and criminal characteristics.

(1) (2) (3) (4) (5) (6)

D.C.22 D.C.39.WestD.C.North

Naresh Chettri @ Narre

Ranka SadarEast

1.Sadar Police Station

2.Soreng Police Station West

Dist.

3. Mangan, North Dist.

House; rich house breaking open front door with khukuri;

armed with khukuri, sticks and knives; forcibly snatching

jewels from women folk; exploding

detonators to scare away villagers. Speaking Nepali, dressed in

Khaki shorts and no shirts or banians.

Modus Operandi (write the Crime classification) Sample entry : Lock I breaking lock or fastening.

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Volume III

277

Form No. 55 Chapter – 16, DCRB Ref. Regulation 16.12(5)

INDEX OF PHYSICAL PECULIARITIES AND CRIMINAL, CHARACTERISTICS

D.C.No.

of thedistrict

D.C. No.of otherDistricts.

Name with aliases

Village & station,

(Give name of district, if outside the district).

Particulars of physical peculiarities of criminal

characteristics.

Sphere of Operation.

(1) (2) (3) (4) (5) (6)

Physical peculiarity or criminal characteristics (Note the main head as given) Sample entry: Chin-doubled.

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Sikkim Police Manual

278

Form No. 56 Chapter – 16, DCRB Ref. Regulation 16.12(7)

UNTRACED IDENTIFIABLE PROPERTY INDEX

Station, Crime No., Section of Law.

Reference to the MCR sheet

Full description of the property Value

(1) (2) (3) (4)

Untraced identifiable property (note the heading).

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Volume III

279

Form No. 57 Chapter – 16 & 17, DCRB & CID Ref. Regulation 16.16 &17.14 (12)

MONTHLY REPORT OF SUICIDES FROM SHOs TO DISTRICT CRIME BUREAU/SCRB.

Name of P.S. _________________ District ___________

I. Classified under Sex and Age. 1. Number of suicides by men2. Number of suicides by women3. Number of suicides by male children under 16 years of age4. Number of suicides by female children under 16 years of age.

II. Classified according to causes.

1. Poverty2. Sickness.3. Family disputes4. Neglect of or misconduct of wife or husband5. Love affairs6. Failure in Examination7. Murder or other grave charges8. Other causes.

III. Classified according to methods.

1. Drowning2. Hanging3. Poisoning4. Lying or falling in front of trains5. Burning6. Use of fire-arms7. Use of weapons other than fire-arms8. Electrocution9. Other methods.

Remarks :(Full details of important cases should be mentioned. Any special method adopted in the commission of suicide must be given. This must be noted in a few lines, noting also the crime numbers)

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Sikkim Police Manual

280

Form

No.

58

Cha

pter

– 1

6 &

17,

DC

RB

& C

ID

Ref

. Reg

ulat

ion

16.1

6 &

17.1

4 (1

2)

RE

GIS

TE

R O

F S

UIC

IDE

S(T

o be

mai

ntai

ned

in D

istr

ict C

rim

e B

urea

u &

SC

RB

)

Cla

ssifi

ed u

nder

sex

and

age

.C

lass

ified

acc

ordi

ng to

cau

ses

Cla

ssifi

ed a

ccor

ding

to m

etho

ds.

RE

MA

RK

S

Police Station

Number of suicides by Men

Number of suicides by Women

Number of suicides by Male Children under 16 years of age

Number of suicides by Female Children under 16 years of age

Poverty

Sickness

Family disputes

Neglect of or misconduct of Wife or Husband

Love affairs

Failure in examination

Murder or other grave charges

Other causes

Drowning

Hanging

Poisoning

Lying or falling in front of trains

Burning

Use of Fire-arms

Use of weapons other than Fire-arms

Electrocution

Other methods

(Ful

l det

ails

of

impo

rtan

t ca

ses

shou

ld

be m

entio

ned.

A

ny s

peci

al

met

hod

adop

ted

in th

e co

mm

issi

on o

f su

icid

e m

ust

be g

iven

. T

his

mus

t be

note

din

a f

ew l

ines

, no

ting

also

the

crim

e nu

mbe

r)

12

34

56

78

910

1112

1314

1516

1718

1920

2122

23

Tot

al f

or th

e D

istr

ict f

or th

e M

onth

:

Tot

al f

or th

e D

istr

ict f

or th

e ye

ar u

pto

the

end

of la

st M

onth

:

Tot

al f

or th

e D

istr

ict f

or th

e ye

ar u

pto

the

end

of th

e cu

rren

t Mon

th

:

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Volume III

281

Form

No.

59

Cha

pter

– 1

6, D

CR

B

Ref

. Reg

ulat

ion

16.2

4(18

)

MO

NT

HL

Y S

TA

TE

ME

NT

OF

CA

SE P

RO

GR

ESS

No .of cases of the previous years pending disposal at the beginning of the current year.

OF

TH

OSE

IN

CO

LU

MN

ON

EO

F T

HO

SE I

N C

OL

UM

N T

EN

Total No.of cases including those of the previous year pending trial (column 7 plus column 15)

of th

ose

in 1

9of

thos

e in

Col

s 9

& 1

8.

Convicted

Discharged or acquitted

Compounded

Referred as undetectable

Total of columns 2,3,4 and 5

(*)

Pending Trial

Under Investigation

No. of cases reported during the current year from 1st January upto the end of the Month under

review (excluding cases dealt with regards under section 157(I)(b) Cr.P.C.

Convicted

Discharged or acquitted

Compounded

Referred as undetectable

Total of columns 11, 12, 13 and 14.

( * )

Pending Trial

Under Investigation

Pending trial, over 12 months

Under Investigation over 6 months

Remarks

12

34

56

78

910

1112

1314

1516

1718

1920

2122

N.B

.- A

not

e sh

ould

be

appe

nded

reg

ardi

ng d

isch

arge

or

acqu

ittal

of

grav

e ca

ses

givi

ng r

easo

ns th

ereo

f, S

peci

fic m

entio

n sh

ould

be

mad

e w

heth

er th

e fa

ilure

of

the

case

was

due

to d

efec

tive

inve

stig

atio

n. *

Hea

ding

s fo

r C

ols.

(7)

and

(16

) –

refe

rred

as

Fals

e, M

ista

ke o

f Fa

ct o

r M

ista

ke o

f L

aw.

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Sikkim Police Manual

282

Form

No.

60

Cha

pter

– 1

6, D

CR

B

Ref

. Reg

ulat

ion

16.2

4(22

)

MO

NT

HL

Y S

TA

TE

ME

NT

OF

CR

IME

OF

PS

……

……

……

… D

IST

RIC

T …

……

……

……

……

FO

R T

HE

MO

NT

H O

F…

……

……

……

……

YE

AR

……

……

……

……

Crimes

FIG

UR

ES

FOR

TH

E C

UR

RE

NT

YE

AR

CO

RR

ESP

ON

DIN

G F

IGU

RE

S FO

R T

HE

PR

EV

IOU

S Y

EA

R

Remarks

of th

e ca

ses

in

Col

umn

4.of

the

case

s in

Col

umn

12

Reported in the Month under review (excluding false cases)

Reported in the previous Month (excluding false cases)

Reported upto the end of the Month under review from 1st January (excluding false cases)

Charged

Convicted

Discharged or acquitted

Referred as undetectable

Compounded

Reported in the Month under review (excluding false cases)

Reported in the previous Month (excluding false cases)

Reported upto the end of the Month under review from Ist January (excluding false cases)

Charged

Convicted

Discharged or acquitted

Referred as undetectable

Compounded

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

(18)

Mur

der,

C

ulpa

ble

Hom

icid

e no

t am

ount

ing

to m

urde

r.D

acoi

ty, R

obbe

ryH

ouse

-Bre

akin

gs (

by D

ay)

incl

udin

g at

tem

pts.

Hou

se-B

reak

ings

(by

Nig

ht)

incl

udin

g.

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Volume III

283

Form

No.

60

(Con

td)

(1)

(2)

(3)

(4)

(6)

(5)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

(18)

Hou

se b

reak

ing

atte

mpt

s.T

heft

sR

iotin

g, K

idna

ppin

g an

d A

bduc

tion.

Che

atin

gB

reac

h of

trus

t.O

ffen

ces

rela

ting

toC

oin,

Cur

renc

y an

dB

ank,

Not

es.

Adm

inis

teri

ng o

fSt

upef

ying

Dru

gs.

Oth

er c

ogni

zabl

eC

ases

und

er th

e I.

P.C

.

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

---

G

rand

Tot

al :

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

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----

----

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----

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----

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----

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----

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----

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----

----

----

----

----

---

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Sikkim Police Manual

284

Form

No.

60

(Con

td).

T

HE

FT

S O

F A

LL

KIN

DS

FO

R T

HE

MO

NT

H O

F…

……

……

……

……

……

…..…

…Crimes

FIG

UR

ES

FOR

TH

E C

UR

RE

NT

YE

AR

CO

RR

ESP

ON

DIN

G F

IGU

RE

S FO

R T

HE

PR

EV

IOU

S Y

EA

R

Remarks

of th

e ca

ses

in

Col

umn

4.of

the

case

s in

Col

umn

12

Reported in the Month under review (excluding false cases)

Reported in the previous Month (excluding false cases)

Reported upto the end of the Month under review from 1st January (excluding false cases)

Charged

Convicted

Discharged or acquitted

Referred as undetectable

Compounded

Reported in the Month under review (excluding false cases)

Reported in the previous Month (excluding false cases)

Reported upto the end of the Month under review from Ist January (excluding false cases)

Charged

Convicted

Discharged or acquitted

Referred as undetectable

Compounded

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

(18)

Cop

per

wir

e.M

otor

Veh

icle

s &

Acc

esso

ries

Fire

-arm

sE

xplo

sive

s.O

ther

type

s.--

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

--T

otal

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

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----

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---

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Volume III

285

Form No. 60 (Contd).

INFORMATION AS TO THE WORKING UNDER THE SECURITY SECTIONS

FOR THE MONTH ENDING………………

Number of Person(s) In the current year upto the end of the month from 1st January.

Corresponding figures for the previous year

Locals Non-locals Locals Non-locals

1. (a) Charged under Section 109 Cr.P.C.

(b) Bound over under Section 109 Cr.P.C.

2. (a) Charged under Section 110 Cr.P.C.

(b) Bound over under Section 110 Cr.P.C.

3. (a) Charged under Section 107 Cr.P.C.

(b) Bound over under Section 107 Cr.P.C.

4. (a) Charged under Section 106 Cr.P.C.

(b) Bound over under Section 106 Cr.P.C.

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Sikkim Police Manual

286

Form No. 61 Chapter – 16, DCRB Ref. Regulation 16.25(1)

ADVISORY & CRIME WARNING MEMO BOOK

No. _____________ Dated _____________

To, SHO, ________________ Police Station.

Sir,

(State the advisory or crime warning with essential details)

The above is for information and necessary action. A reply in this connection may also be sent for record.

(Incharge DCRB/SCRB)

Copy to:

Superintendent of Police,______________district

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Volume III

287

Form No. 62 Chapter – 16, DCRB Ref. Regulation 16.26(1)

QUARTERLY RETURN OF PHOTOGRAPHS TAKEN BY DISTRICT CRIME BUREAU

District No. of Criminals

photographed during the previous

quarter of the current year

No. of Criminals

photographed during the

quarter under review

Total of Columns 2 and 3.

Balance of Criminals to be photographed (This should include

criminals of previous years who are yet to be photographed).

Present In Jail O.V.

(1) (2) (3) (4) (5) (6) (7)

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Sikkim Police Manual

288

Form No. 63 Chapter – 16, DCRB Ref. Regulation 16.27(2)

REGISTER OF VISITS TO THE DISTRICT CRIME RECORD BUREAU

Sl.No.

Date Name and

rank of Visiting Officer

Date of last visit

Purpose of the

present visit

Business transacted

Including any information

obtained

Points discussed with the DCRB

Officers and the result of discussion

Signa-ture of

Visiting Officer

Signa-ture of DCRBOfficer

Remarks, if any, of the

S.P.

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

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Volume III

289

Form No. 64 Chapter – 18, Finger Prints Bureau Ref. Regulation 18.1(6), 18.3(5), 18.3(18), 18.3(19), 18.4(4) D, 18.6(4), 18.8(1), 18.8(4). 18.19(1)

FINGER PRINT SLIP

F.P. Bureau Serial No……………………………………….………...................…………………………...Full Name with aliases………………………………………………....................……………..…………...Father’s or Husband’s Name with aliases…………….....................………..…………………………...…... Caste…………………………..……….............……..Religion…………........…………….………………..Home Village……………………..………….............Home District………........…………………….……State……………………………….…………............Age………………..…………Year…...........………...Prisoner’s Signature (or mark, if unable to write)……………………………....................……..………….. Finger Print Slip Classification number…………………………………….....................…..………………. Left thumb to be impressed immediately after Signature…………………......................……...…..………...

RIGHT HAND

Rightthumb

RightIndex

RightMiddle

RightRing

Rightlittle

(Fold) (Fold)

LEFT HAND

Leftthumb

LeftIndex

LeftMiddle

LeftRing

Leftlittle

(Fold) (Fold)

Left hand Right hand.Plain prints of the four fingers Plain prints of the four fingerstaken simultaneously. taken simultaneously.

I certify that the above prints were taken by me and that they are the prints of the person named above.

Signature and designation…………………….……………......................…….……………………….……

Slip prepared on…………….……by……….........….………Rank…….………… District…..............……

Slip tested on……………………..by…….……........………Rank……………….. …………...................…

Classified at Bureau by………………….………….........… Date………………………….................…….

Tested at Bureau by…………………………….…........……Date……………………….................……….

(P.T.O).

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Sikkim Police Manual

290

Form No. 64 (Contd.)

*Reconvicted Slip previously sent for search. Counterfoil No…….of C.I.D. ----------------- of search slip is attached.Unidentified.

CONVICTIONS

S.N

o.

Name under which

convicted

Court and

District

Calendar Number and Date

Section SentenceJail and Jail Admission

Number

Police Station

and Crime

Number

Number and Names of

identifying Police

Officers.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

Place………………….…..…. Signature………....……………

Date…………………………. Rank of Officer………..………

* Score out in red ink inapplicable word.

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Volume III

291

Form No. 65 Chapter – 18, Finger Prints Bureau Ref. Regulation 18.1(6), 18.3(19), 18.8(1)

FORWARDING MEMO FOR FINGER PRINT SEARCH

FINGER PRINT SEARCH

SLIP.(To be retained by the Officer submitting the slip)

No.

Name given by accused

Date of despatch of slip

Finger Print Bureau(to which sent)

FINGER PRINT SEARCH

SLIPForm to be submitted with Finger Print Slip of unidentified person.

(To be filled by the officer submitting the slip).

No. Dated: 20 .

District

Name given by accused .............Father’s name…......................… Village....................................…Police Station….....................…. District........................................

Date of taking the impressions Date of despatch of slip

Section under which sent up

Name (in full) of the officer taking the impressions.

Date of expiry of remand.

Address to which slip should be returned

Remarks, if any

Name and official designation in full of the officer submitting the slip.

(To be returned with the Finger Print Slip for record if the person is convicted)

No--------------------of 20 S.R.(To be filled up in the Bureau)

ToThe

No. Dated: 20 .

Name given by accused ............Father’s name ............................

Date of receipt of slip

Traced (Particulars to be given on the otherside) or untraced.

Remarks, if any.

InchargeFinger Print Bureau

( P.T.O.)

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Sikkim Police Manual

292

Form No. 65 (Contd.)

Particulars of the person if traced.

Name under which traced ............

Son of ...........................................

Caste ............................................

Village .........................................

Police Station ...............................

District .........................................

Convictions .................................

Reference should now be made to the District where convicted to prove identity and previous convictions and the result reported as soon as the case is disposed of. If witnesses to prove identity are not forthcoming, services of an expert should be applied for and the previous convictions proved under the Amendments to Sections 45 and 73, Indian Evidence Act of 1872, contained in Act V of 1899.

Search Slip(To be filled up in the Bureau)

Name under which traced ............

Son of ...........................................

Pigeon hole No.............................

Date of the receipt of slip ............

Date of reply ................................

Remarks if any .............................

Classified by ................................

Checked by ..................................

Searched by .................................

Date :

InchargeFinger Print Bureau

Gangtok

InchargeFinger Print Bureau

Gangtok

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293

Form No. 66 Chapter – 18, Finger Prints Bureau Ref. Regulation 18.2(7)G, 18.15 (1)

REPORT TO THE FINGER PRINT BUREAU OF PERSONS WANTED

I. Name of the person wanted with aliases :

II. F.P.B. Serial No., or if not available, date of : Despatch of F.P. slip by the PS to the Bureau for record. :

III. Father’s name. :

IV. Number of convictions. :

V. Particulars of last conviction. : Name under which convicted : Court : Date of sentence : Case No. : Sentence : Jail and Jail No. :

VI. Why wanted-- : Station Crime number, Section and Date of warrant :

VII. To whom intimation should be sent when traced :

Submitted to the Finger Print Bureau through the Superintendent of Police District

Station .................................. Dated: 20. : Officer in-charge of the Station.-------------------------------------------------------------------------------------------------------------------------------- Received report from………………….…...................……Station on…………………………….. and intimation will be sent when traced.

Incharge, Finger Print Bureau, Gangtok

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Sikkim Police Manual

294

Form No. 67 Chapter – 18, Finger Prints Bureau Ref. Regulation 18.7(2) C, 18.7(2)D

PROFORMA FOR SENDING FINGER PRINT SLIP TO CFPB

Sikkim Police Office Copy

No. Dated:

ToThe Incharge,FPB,PHQ, Gangtok

The F.P. slips of the following convicts are hereby submitted for favour of your record and for forwarding it to the CFPB.

Sl. No:

Name:

Father’s Name:

SHO,_________ PS

Sikkim Police (To be filed in CFPB)

No. Dated:

ToThe Director,CFPB,New Delhi(Through the Incharge, FPB, PHQ, Gangtok, Sikkim).

The F.P. slips of the following convicts are hereby forwarded for favour of your record.

Sl. No.

Name

Sikkim FPB Sl. No.

Central FPB }

Classification }

Incharge, FPB,Gangtok

Sikkim Police (To be filed in FPB)

No. Dated:

ToThe Incharge, FPB,PHQ, Gangtok,Sikkim

Acknowledges the receipt of the FP Slips of the following convicts sent for record. FP Classifications are noted against each FP Slip.

Sl. No.

Name

Sikkim FPB Sl. No.

Central FPB }

Classification }

Director,CFPB,New Delhi

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295

Form No. 68 Chapter – 18, Finger Prints Bureau Ref. Regulation 18.7(3) A

REGISTER FOR FINGER PRINTS TO BE MAINTAINED IN STATE BUREAU FOR CENTRAL FINGER PRINT BUREAU

State……………………….………

Seri

al N

umbe

r

Dat

e of

rec

eipt

Des

patc

h C

hequ

e or

In

voic

e nu

mbe

r an

d da

te

Num

ber

of F

inge

r Pr

int s

lips

sent

Num

ber

of s

lips

retu

rned

to

dis

tric

t (PS

) fo

r co

rrec

tion

Num

ber

of F

inge

r Pr

int s

lips

sent

to

Cen

tral

Fi

nger

Pri

nt B

urea

u by

Sta

te B

urea

u

Sign

atur

e of

Exp

ert t

akin

g ac

tion

Dat

e of

rec

eipt

of

the

D.C

. or

invo

ice

with

cl

assi

ficat

ion

form

ula

from

C

entr

al F

inge

r Pr

int B

urea

u

Dat

e of

des

patc

h of

D.C

. or

invo

ice

to th

e di

stri

ct (

PS)

Sign

atur

e o

f th

e E

xper

t tak

ing

actio

n.

Rem

arks

1 2 3 4 5 6 7 8 9 10 11

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Sikkim Police Manual

296

Form No. 69 Chapter – 18, Finger Prints Bureau Ref. Regulation 18.11(1)

TESTER’S FINGER PRINT SLIP

Name of Convict…………………………………................…. Jail .....………….......……………..……

LEFT HAND RIGHT HAND

Plain Print of the four fingers. Plain prints of the four fingers. Taken simultaneously. Taken simultaneously.

Rolled impression of Rolled impression of Left thumb. Right thumb.

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297

Form No. 70 Chapter – 18, Finger Prints Bureau Ref. Regulation 18.15(2)

RED SLIP – IMMEDIATE INFORMATION TO P.S.

Absconder____________ of…………………………………….......……………………………..…………….StationO.V.K.D.

Name……………………….......................………………………………..…………………………………

Case for which …………......................…………………………..………………………………………… wanted; date ……….........................…………………………………………………………………..….Warrant, etc. …………...…......................……………………………………….…………………...…..

Intimation of ……………….....................…………………………………...……………………………arrest to be …………….....................…………………………………………………….……………..sent to ……………………………....................………………………………..…………………..

Vide letter from ……………………….........………………….…......………No…….......…………….……

Dated……………………………….

C.No.__________________ of Incharge O.V. Finger Print Bureau, PHQ, Gangtok

( To be printed on Red Paper )

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298

Form No. 71 Chapter – 18, Finger Prints Bureau Ref. Regulation 18.16

DEATH REPORT OF A CONVICT

DEATH REPORT OF A CONVICT WHOSE FINGER PRINT SLIP IS ON RECORD

IN THE FINGER PRINT BUREAU.

DEATH REPORT OF A CONVICT WHOSE FINGER PRINT SLIP IS ON RECORD

IN THE FINGER PRINT BUREAU.

1. Name

2. Father’s Name

3. Residence

4. Details of last conviction

5. Date of Death

6. Jail No.

7. Date of despatch to Finger Print Bureau

1. Name

2. Father’s Name

3. Residence (1) Village (2) Police Station (3) District

4. Last conviction (1) Court (2) Date and C.C.No. (3) Section (4) Sentence

5. Death (1) Place (2) Date (3) By whom reported

6. Jail

7. Bureau Serial No. District Station

Signature

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Volume III

299

Form No. 72 Chapter – 18, Finger Prints Bureau Ref. Regulation 18.17 (3)

FINGER PRINT OBJECTION MEMORANDUM

No. ................................. Dated. …………..…..20 .

From Finger Print Bureau, Gangtok

To The Superintendent of Police ………………………….……..

The finger print slip of the prisoner named below, forwarded vide No…………………………dated………......………. are returned herewith for reasons noted below:

(Space for Prisoner’s Name)

Requested that the same be re-submitted without delay after necessary action has been taken.

1. The rolled impressions are so faint and blurred that no sub-classification is possible.

2. The rolled impressions have not been taken in their proper places.

3. The plain impressions have not been taken simultaneously nor in the place assigned for them.

4. The plain impressions of the Right Left hand do not tally with the order of the rolled impressions of that hand.

5. The impression of the …………. finger has not been fully rolled.

6. The name, father’s name and place of the convict’s residence have not been duly noted.

7. The convictions noted on the slip are incomplete and wanting in the following particulars :

(a) Name of the Headquarters Station of the Magistrate or Court.(b) Calendar Number and date of sentence.(c) Section of law under which convicted.(d) Sentence, substantive or in default of payment of fine.(e) Name of Jail and Jail admission number.(f) Names of Police Officers to prove the conviction.(g) Crime Number and Name of the Police Station.

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Sikkim Police Manual

300

Form No. 72 (Contd.)

8. The previous convictions have not been entered through Section 75, I.P.C., has been applied to the present conviction.

9. The Officer Preparing the slip has not signed his name. Testing 10. The Date on which the slip was prepared has not been given. tested 11. The slip has been submitted before the time for appeal is over.

12. The entries in the slip are in a language other than English.

13. The age of the convict has not been furnished.

14. The age of the convict has not been furnished.

15. (a) The alternate headings at the top (impression side) have not been scored out.

(b) Counterfoil of the search slip has not been attached.

Incharge, Finger Print Bureau, PHQ, Gangtok

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Volume III

301

Form No. 73 Chapter – 18, Finger Prints Bureau Ref. Regulation 18.19(2)

FOOT PRINT FORM

Name………………………………………………….……

Father’s name…………………………Caste……....……..

Village……………Police Station………….Dist………… Single Print

Ref: ……………………

FOOT PRINT Right Left

Signature of Sub-Inspector Plain Right thumb Print Left thumb print

Name of Station………………………..

Date…………………………………….

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Sikkim Police Manual

302

Form No. 74 Chapter – 18, Finger Prints Bureau Ref. Regulation 18.19(2)

PALM PRINT FORM

Name……………………………………………………

Father’s name…………………………Caste…………..

Village……………Police Station………….Dist……… Single Print

Ref: ……………………

PALM PRINT Right Left

Signature of Sub-Inspector Plain Right thumb Print Left thumb Print

Name of Station………………………..

Date……………………….…………….

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Volume III

303

Form No. 75 Chapter-21, Police Range Ref. Regulation 21.3 (12)

CRIME DIGEST(for use in the office of the DIGP / Range and District SP)

Range ………………… District ………………… Sub-Division ……………….

Sl.

No.

Police Station

FIR No., date and sections of law

Brief facts of the case Name of I.O. Remarks about final disposal, with date

1 2 3 4 5 6

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Sikkim Police Manual

304

Form No.76 Chapter-22, Police District, Sub-Division, Police Stations & Police Outpost Ref. Regulation 22.9 (10)

SDPO’S VILLAGE / LOCALITY ROSTER

Name of Police Station ………………………………….............……. No. of villages …….....……

Sl. No. Name of the village visited Date of visit Remarks Signature of the SDPO

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Volume III

305

Form No. 77 Chapter-22, Police District, Sub-Division, Police Stations & Police Outposts Ref. Regulation 22.9(18)

SPECIAL REPORT CASE

Special Report No…………… Date………….. ….

by Shri/Smt………………….……..........………. Superintendent of Police, ……….............................…… district/ SDPO, …………………………….. Sub-division:

This is my detailed Special Report in FIR No………..............……… dated ……..………….. ..of

…………………............. Police Station under section(s)……………………..…….......…………... which

occurred at (time)………………………… on (date)……….……….. and was reported at the police station at (time) ………………… on (date)……………………

2. The First Information Report was received by me at (time)…………………….. on (date)…………… I visited the scene at (time)………………… on (date)…………………. and supervised/investigated the case from (time/date)……………………….... to (time/date).

Name of complainant: ……………………………............……………………………….

Name of deceased, if any: …………………………............………………………………….

Name of accused (if arrested, indicate): …………………………...........................................……………..

Property lost, if any: ……………………………………………..............……………...

Property recovered: ………………………………..............…………………………...

Name of Prosecution Witnesses: ……………………………………………..............……………...

DETAILS OF THE CASE AND ACTION TAKEN.

Signature Designation

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Sikkim Police Manual

306

Form No. 77A Chapter-22, Police District, Sub-Division, Police stations & Police Outposts Ref. Regulation 22.9 (18), 22.9(20)

PROGRESS REPORT IN SPECIAL REPORT CASES

1. Progress report No……......… date …........…….. last report submitted on ……..........................……….

2. Name of the I.O. ………………………………………….......................................………………………

3. Details of accused persons (first mention those who are named in FIR, followed by those whose names were subsequently added):

Accd. No. Name Arrested or not

If arrested, on bail, or in policejudicial custody

If absconding, whether action u/s 81 & 82 CrPC initiated

A-1

A-2

A-3

A-4

A-5

A-6

4. Place if any searched during the period covered under this report (Also give a brief description of materials/documents seized from each place)

5. A brief description of other items collected/seized

(a) Materials

(b) Documents

6. Details of materials/documents sent for expert opinion

7. Details of expert opinion received and how far they prove the allegation

8. Details of witnesses examined (this should include what each witness has proved, and with reference

to which material/document)

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307

Form No. 77A (contd.)

9. Status of investigation carried out so far (This should include (a) gist of crucial evidence gathered

during investigation with reference to oral/material/documentary evidence during the period of report;

(b) how far the allegations have been sustained with reference to oral/material/documentary evidence

and expert opinions collected so far; (c) any new development or new facts that have come to light,

and how far they affect the allegation in the FIR; (d) whether further evidence is to be collected and

if so, details; (e) whether any petition related to the case is pending in Court, and if so the gist thereof

and action taken/pending).

10. Whether action has been taken on the instructions issued on the previous PRs by SP and/or senior

officers, and gist thereof. (If action on any point is pending, give reasons)

11. What instructions for further investigation have now been given to the I.O. by the SDPO

12. what are the points on which investigation is yet to be carried out and proved

13. Difficulties if any encountered in the investigation, and steps taken to overcome these

14. Further tentative time required to complete the investigation

15. Case diary numbers and date perused by the SDPO, based on which this PR is prepared

16. Reasons for delay in submitting this PR.

(Name and signature of SDPO)

…………………………………………….........................…

Case details paper to be pasted on the inside of the file cover

Name of P.S. …………………………....................…. Name of Sub-Division …................………………..

Case No…………………………………..................... Date of registration ………................……………...

Sections of law ……………………...................................…………………………………………………..

Allegation in brief :

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Sikkim Police Manual

308

Form

No.

78

Cha

pter

- 22

, Pol

ice

Dis

tric

t, Su

b-D

ivis

ion,

Po

lice

stat

ions

& P

olic

e O

utpo

sts

R

ef. R

egul

atio

n 22

.12

SUB

-DIV

ISIO

NA

L I

NF

OR

MA

TIO

N B

OO

K

IND

EX

:

PAR

T-I

CO

NST

ITU

TIO

N, S

AN

CT

ION

ED

ST

RE

NG

TH

AN

D A

LL

OC

AT

ION

OF

DU

TIE

S.

PAR

T-I

I

FAIR

S A

ND

FE

STIV

AL

S.

PAR

T-I

II

PRE

MIS

ES

LIC

EN

SED

UN

DE

R (

a) T

HE

AR

MS

AC

T, (

b) T

HE

EX

PLO

SIV

ES

AC

T, (

c) T

HE

PO

ISO

NS

AC

T,

(d)

TH

E P

ET

RO

LE

UM

AC

T a

nd (

e) P

ER

SON

S L

ICE

NSE

D T

O P

OSS

ESS

RE

VO

LV

ER

S A

ND

PIS

TO

LS.

PAR

T-I

V

BU

ILD

ING

S A

ND

LA

ND

S IN

PO

SSE

SIO

N O

R C

ON

TR

OL

OF

TH

E D

EPA

RT

ME

NT

.

PAR

T-V

GE

NE

RA

L I

NFO

RM

AT

ION

RE

GA

RD

ING

IN

FOR

MA

NT

S, F

AC

TIO

NS,

LA

BO

UR

, CO

MM

UN

AL

, E

XT

RE

MIS

M, P

OL

ITIC

AL

AC

TIV

ITIE

S, C

OM

MU

NIT

Y L

IAIS

ON

, CR

IME

AN

D C

RIM

INA

L

OR

GA

NIS

AT

ION

S.

PA

RT

-I

C

ON

STIT

UT

ION

AN

D S

AN

CT

ION

ED

ST

RE

NG

TH

CO

NST

ITU

TIO

NSA

NC

TIO

NE

D S

TR

EN

GT

H

Nam

e of

P.S

./ O

utpo

st

Bor

der

P.Ss

Are

a (s

qr

kms)

Popu

latio

nN

o. o

f be

ats

Insp

ecto

r of

Pol

ice

Sub-

Insp

ecto

r of

Pol

ice

Ass

tt. S

ub-

Insp

ecto

r of

Po

lice

Hea

d C

onst

able

Con

stab

leFo

llow

-er

s

12

34

56

78

910

11

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Volume III

309

Form

No.

(C

ontd

.)

P A

R T

– I

I

FAIR

S A

ND

FE

STIV

AL

S

Vill

ages

To w

hich

Po

lice

Stat

ion

atta

ched

Nam

e of

fare

s/ fe

stiv

als

App

roxi

mat

e N

o. o

f peo

ple

likel

y to

vis

itR

emar

ks (a

lso

indi

cate

wha

t pol

ice

arra

ngem

ents

are

usu

ally

mad

e)

12

34

5

Not

e: T

he in

form

atio

n un

der

this

hea

d sh

ould

be

ente

red

stat

ion-

wis

e, in

the

orde

r of

impo

rtan

ce, o

r ch

rono

logi

cally

as

they

take

pla

ce. F

or f

airs

and

Fes

tival

s, n

ote

the

kind

of

peop

le g

athe

ring

on

the

occa

sion

,

P A

R T

– I

II

(a)

Prem

ises

lice

nsed

und

er th

e A

rms

Act

.

(b)

Prem

ises

lice

nsed

und

er th

e E

xplo

sive

s A

ct.

(c)

Prem

ises

lice

nsed

und

er th

e Pe

trol

eum

Act

. (d

) Pe

rson

s lic

ense

d to

pos

sess

rev

olve

rs a

nd P

isto

ls.

P.S.

an

d vi

llage

na

me

Lice

nce

No.

, iss

uing

au

thor

ity,

perio

d of

va

lidity

Plac

e of

bu

sine

ssN

ame

of

licen

ce

hold

er

Item

s and

qu

antit

y lic

ence

s

Des

crip

tion

of w

eapo

n,

with

qua

ntity

, fo

und

Des

crip

tion

of

expl

osiv

es o

r am

mun

ition

, w

ith q

uant

ity,

foun

d

Des

crip

tion

of p

etro

leum

pr

oduc

ts w

ith

quan

tity,

fo

und

Dat

e of

ch

ecki

ngR

emar

ks

12

34

56

78

910

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Sikkim Police Manual

310

Form

No.

78

(Con

td.)

P

A R

T –

IV

BU

ILD

ING

S

Nam

e of

P.S

.Ty

pe o

f bui

ldin

gPe

riod

of

cons

truct

ion

Cos

t of

cons

truct

ion

Dat

es &

nat

ure

of

repa

irs c

arrie

d ou

tC

ost o

f rep

airs

Rem

arks

12

34

56

7

Not

e:

Als

o m

ake

men

tion

of v

acan

t plo

ts o

f la

nd in

the

poss

essi

on o

f th

e Po

lice

Dep

artm

ent,

givi

ng th

e bo

unda

ries

, ar

ea a

nd e

xten

t of

the

plot

s un

der

each

Pol

ice

Stat

ion.

P A

R T

– V

GE

NE

RA

L I

NFO

RM

AT

ION

Giv

e im

port

ant i

nfor

mat

ion

if a

ny u

nder

the

follo

win

g he

ads:

(a)

Lis

t of

SDPO

’s in

form

ants

.(b

) Fa

ctio

ns.

(c)

Lab

our

Tro

uble

s(d

) Po

litic

al a

ctiv

ities

.(e

) C

omm

unal

dis

pute

s.(f

) C

omm

unity

Lia

ison

Gro

up(g

) A

not

e on

Pan

chay

ats,

and

how

far

they

cou

ld b

e re

lied

upon

.(h

) C

rim

es a

nd c

rim

inal

org

anis

atio

ns.

(S

igna

ture

of

SDPO

)

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311

Form No. 79 Chapter-22, Police District, Sub-Division, Police Stations & Police Outposts Ref. Regulation 22.13(2)

SDPO’S VISIT BOOK

Date & hour of arrival and departure

Remarks on inspection and instructions

Steps taken by SHO on the instructions given

Remarks of SDPO on SHO’s replies

Signature of SDPO

1 2 3 4 5

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Sikkim Police Manual

312

Form No. 80 Chapter-22, Police District, Sub-Division, Police Stations & Police Outposts Ref. Regulation 22.16 (1)

MONTHLY REPORT OF SDPO/DISTRICT SUPERINTENDENT OF POLICE TO ZONAL IGP/DIGP (RANGE)

Monthly report of Shri/Smt …………….………......……………….,…. Superintendent of Police, ………………………….district / SDPO/………………………………… Sub-Division for the month of……………….

PART - I

GENERAL REVIEW FOR THE MONTH(This review should cover law & order, crime, traffic and other matters of interest).

PART – II

I - ITINERATION

Hour of Place Purpose Remarks

departure arrival from to

1 2 3 4 5 6

Date:

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313

Form No. 80 (Contd.)

II - INSPECTION OF POLICE STATIONS AND RECORDS OF SUBDIVISIONAL OFFICES.

Total number

Number inspected up to the end of the month previous to the one under review

Number inspected during the month under review

Name of P.S. or Sub- Division

Date and hour of Villages visited

Date of submis-sion of inspect-tion report

Remarks(in case of break in insp-ection, give reason)

Arrival Departure

Stations

Outputs

--------------------------------------------------------------------------------------------------------------------------------III - VISITS TO POLICE STATIONS (Other than inspections.)

Name of Police Station

Date and hour of Purpose of visit Date of submission of visit notes

Remarks

arrival departure

1 2 3 4 5

IV. Dates of:

(1) Parade attendance.(2) Orderly room.(3) Kit inspection.(4) Inspection of District Police Office Branches, Stores (including condemnation).(5) Inspection of office / motor transport.

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314

Form No. 80 (Contd.)

V – SPECIAL REPORT CASES (Give a list of special report cases investigated during the month).

Name of P.S. and FIR No.

Date and time of Brief facts of the case

If not investigated personally, reasons thereof

Receipt of FIR

Arrival for personal investigation/ supervision

Departure after investigation/ supervision

1 2 3 4 5 6

VI - DEPARTMENTAL ENQUIRIES (give a list of all disciplinary cases pending oral enquiries).

S l . No.

Name of delinquent Date on which initiated

Present status Reasons for delay, if any

1 2 3 4 5

VII - MISCELLANEOUS WORK.

(Attendance at meetings, such as Planning, VIP duty, etc.).

Signature Designation

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Volume III

315

Form No. 81 Chapter-22, Police District, Sub-Division, Police Stations & Police Outposts Ref. Regulation 22.16 (11)

CHECK REGISTER OF MONTHLY REPORTS OF GAZETTED OFFICERS

District …………......… Sub-Division ……………… Report for the month of ……………..

Particulars First spell: date Second spell: date Third spell: date

Received by DIGP

Forwarded to IGP

Received back from IGP

Returned to SP

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316

Form No. 82 Chapter -23, Police Stations, Functions & Management Ref. Regulation 23.12 (1)

PERMANENT VILLAGE INFORMATION BOOK

VILLAGE INDEX TO REGISTER OF CONVICTED PERSONS AND CHECK REGISTER OF CRIMINALS (TO BE KEPT ALPHABETICALLY

ACCORDING TO VILLAGE NAMES)

INDEX CHECK REGISTER

20 20 20 20 20

Page

num

ber

of P

art I

II

Stat

ion

Cri

me

His

tory

Mod

us O

pera

ndi

Nam

e

Fath

er’s

Nam

e

Vill

age

Dat

e

Initi

al

Res

ult a

nd c

ondu

ct.

Dat

e

Initi

al.

Res

ult a

nd c

ondu

ct.

Dat

e

Initi

al

Res

ult a

nd c

ondu

ct.

Dat

e

Initi

al

Res

ult a

nd c

ondu

ct.

Dat

e

Initi

al

Res

ult a

nd c

ondu

ct.

Note: - In describing conduct, the following abbreviations shall be used:-

G – Good. B – Bad. D – Doubtful.

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Form No. 83 Chapter- 23, Police Stations, Functions & Management Ref. Regulation 23.12 (2)

SAMPLE SIGNATURE BOOK

Sl. No. Name Address or designation Usual signature

1 2 3 4

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Sikkim Police Manual

318

Form No. 84 A Chapter-23, Police Stations Records & Registers Ref. Regulation 23.12 (3)

BEAT BOOK

Sl. N

o. a

nd D

ate

HC

/Con

stab

le’s

Ran

k &

Num

ber

& N

ame

Inst

ruct

ions

. Spe

cify

the

nam

es o

f vi

llage

sto

be

visi

ted

and

wor

k to

be

don

e.

Rep

ort o

f th

e C

onst

able

reg

ardi

ng h

our

of

arri

val a

nd d

epar

ture

at e

ach

villa

ge, w

ork

done

, cri

mes

, occ

urre

nces

, str

ange

rs g

angs

, ep

idem

ics,

etc

., si

nce

last

vis

it of

pol

ice.

Nam

es o

f su

spec

ts s

een,

and

whe

re.

Sign

atur

e of

pan

chay

at S

ecre

tary

or

any

othe

r re

spec

tabl

e re

side

nt o

f th

e vi

llage

.

RE

MA

RK

S.(W

here

Con

stab

les

of tw

o di

ffer

ent b

eats

are

to

mee

t, si

gnat

ure

of th

e ot

her

Con

stab

le s

houl

d be

ta

ken

unde

r th

is c

olum

n).

1 2 3 4 5 6 7

*List of suspects of Beat

Name of village Name of suspects

* Should be on the inside cover of the Beat book.

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Volume III

319

Form No. 84 B Chapter-23, Police Stations, Functions & Management Ref. Regulation 23.13

POINT BOOK

Village/locality ………………………………………............…………………………………….

Name of person with whom kept ………………………………............…………………………..

Sl. No. Date & hour of visitVisiting officer

SignatureRank & No. Name

1 2 3 4 5

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Sikkim Police Manual

320

Form

No.

85

Cha

pter

-23,

Pol

ice

Stat

ions

,

Func

tions

& M

anag

emen

t

Ref

. Reg

ulat

ion

23.2

6 (2

)

AR

MS

AN

D A

MM

UN

ITIO

N I

SSU

E R

EG

IST

ER

Sl.

No.

Dat

e &

tim

e of

is

sue

Bad

ge

No.

, R

ank

and

nam

e

Part

icul

ars

of a

rms

No.

of

mag

azin

es

issu

ed

No.

of

amm

uniti

on

issu

ed(i

n fig

ures

an

d w

ords

)

Sign

atur

e of

rec

ipie

nt

with

dat

e

Dat

e &

tim

e of

re

turn

Item

s if

an

y, w

ith

quan

tity,

no

t re

turn

ed

Rea

son

for

non-

retu

rn

vide

co

lum

n 9

Sign

atur

e of

arm

s in

-cha

rge

Sign

atur

e of

per

son

who

re

turn

ed

the

item

s

Mak

e,

mod

elSl

. N

o.B

utt

No.

12

34(

a)4(

b)4(

c)5

67

89

1011

12

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Volume III

321

Form No. 86 Chapter-23, Police Stations, Functions & Management Ref. Regulation 23.37 (1)

DUTY ROSTER

Police Station ………………………………………… Month ………….........…….....

Beat 1 Beat 2 Beat 31 Day

NightChecking

2345678910111213141516171819202122232425262728293031

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Sikkim Police Manual

322

Form No. 87 Chapter-24, Police Stations Records & Register Ref. Regulation 24.2 R1 a, 24.3(1)

FIRST INFORMATION REPORT(Under Sections 154 & 157 Cr.P.C.)

1. Dist………........……Police Station ……......…...Year………....FIR.No………....…..Date…...………

2. (i) Act………………....................………………………Sections………………………………….......

(ii) Act……………………...................…………………Sections……………………………………...

(iii) Act…………………………...................……………Sections………………………………………

(iv) Other Acts & Sections………………....................….……………………………………….………

3. (a) Occurrence of Offence :Day……..................……….Date ……………… Time…..…....……...….

(b) Information received at the P.S. Date…………………Time…..…..……….…. (c) General Diary Reference: Entry No. if any…......Time……….…....….....

4. Type of Information : Written / Oral

5. Place of Occurrence : (a) Direction and Distance from P. S. …….......................………………………......................................

(b) Address…………………………………………….……………… Beat No….....................….…..… (c) In case the above falls outside the limits of this Police Station, the name of concerned Police Station……………. …………………………………… District……...................…………

6. Complainant/Informant. (a) Name………………….…………………………....................………………………………….….

(b) Father’s /husband’s Name………………………….......................……….…………………………

(c) Date/Year of Birth………………………….....…(d) Nationality…………...............…...…………

(e) Passport No…………..........……..Date of Issue……….…......…Place of Issue……....……………

(f) Occupation……………………………………………......................……..…………………………

(g) Address…………………………………………………….....................……………………………

7. Details of known/suspected/unknown accused with full particulars (Attach separate sheet if necessary)...……………………………………...………………………………………………………………………………………………………………………………………………………………………………………………………………………............................................…………………………

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323

Form No. 87 (Contd.)

8. Reasons for delay in reporting by the complainant/informant ……….....................……………………

…………………………………………………......................………………………………………….

9. Particulars of properties stolen/involved (Attach separate sheet if required) ……….......................…….

…………………………………………………………………………….......................……………….

10. Total value of properties stolen/involved ………………………………......................…………………

11. Inquest report/UD case No., if any …………………………………......................…………………….

12. FIR contents (Attach separate sheet if required):

13. Action taken: Since the above report reveals commission of offence(s) vide entry No. 2 the case is registered and investigation is taken up/directed (rank) …………….................................……………

Shri/Smt …………………………………............... to take up the investigation/transferred the case to ……………………………………………. P.S. on account of jurisdiction.

The FIR is read over to the complainant/informant, admitted to be correctly recorded and a copy is given to the complainant/informant free of cost.

Officer-in-Charge

…………………Police Station

Name ……………….......………..

Rank……………………......…….

14. Signature/thumb impression of the complainant/informant…………….........................……………….

15. Date and time of dispatch to the Court …………………………….........................……………………

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Sikkim Police Manual

324

Form No. 88 Chapter-24, Police Station Records & Registers Ref. Regulation 24.2 R2 (i)

POLICE STATION GENERAL DIARY

Date Name of Police Station

Inspector Sub-Inspector Head Constable Constable

Date and hour

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Volume III

325

For

m N

o. 8

9 C

hapt

er-2

4, P

olic

e St

atio

ns R

ecor

ds &

Reg

iste

r

Ref

. Reg

ulat

ion

24.2

R3

CO

GN

IZA

BL

E C

RIM

ES

RE

GIS

TE

R

Sl. N

o.,

FIR

No.

&

dat

e,

sect

ions

of

law

Nam

e of

co

mpl

ain-

ant a

ndN

ame

of

I.O

.

Nam

e of

ac

cuse

dSe

ctio

ns

of la

wPl

ace,

da

te &

tim

e of

oc

cur-

renc

e

Dat

e &

tim

e of

re

port

, G

D

entr

y N

o.

Dat

e &

tim

e of

vis

it to

the

scen

e

Nat

ure

&

valu

e of

pr

oper

ty

stol

en

Nat

ure

&

Val

ue o

f pr

oper

ty

reco

vere

d

Arr

ests

m

ade,

w

ith

date

No.

R

elea

sed

u/s1

69

CrP

C

No.

se

nt

up

for

tria

l, w

ith

date

No.

&

date

of

final

re

port

/ ch

arge

sh

eet

No.

of

case

di

arie

s

Dis

posa

l by

Cou

rtR

emar

ks

&

sign

atur

e of

SH

O

12

34

56

78

910

1112

1314

1516

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Sikkim Police Manual

326

Form

No.

90

Cha

pter

-24,

Pol

ice

Stat

ions

Rec

ords

& R

egis

ters

Ref

. Reg

ulat

ion

24.2

R4

UN

NA

TU

RA

L D

EA

TH

CA

SE R

EG

IST

ER

Sl

No

UD

cas

e no

. &

sect

ion

of

Law

Dat

e &

tim

e of

oc

curr

ence

Dat

e &

tim

e of

re

port

at

PS

P.O

&

dist

ance

fr

om P

S

Nam

e &

add

ress

of

com

plai

nant

/info

rman

t N

ame

&

addr

ess

of

dece

ased

Age

&

sex

of

dece

ased

Cau

se

of

deat

h

Con

vert

ed

into

cr

imin

al

case

(if

an

y) th

en

FIR

No

Nam

e &

R

ank

of I

.O

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Volume III

327

Form

No.

91

Cha

pter

-24,

Pol

ice

Stat

ion

Rec

ords

& R

egis

ter

R

ef. R

egul

atio

n 24

.2 R

5 Pa

rt I

II(i

) A

VIL

LA

GE

CR

IME

NO

TE

BO

OK

Sl.

No.

FIR

No.

, dat

e, s

ectio

ns

of la

w; n

ame

&

addr

ess

of c

ompl

aina

nt

Nam

e of

vi

llage

Off

ence

, mod

us

oper

andi

, cau

se o

r ob

ject

of

crim

e,

natu

re o

f w

eapo

n us

ed

Nat

ure

& v

alue

of

prop

erty

Nam

e, f

athe

r’s/

husb

and’

s na

me,

cas

te

& r

esid

ence

of

pers

ons

accu

sed

or

susp

ecte

d, w

ith c

ross

ref

eren

ce to

eac

h en

try

in p

art I

, II,

III

& I

V o

f th

is a

nd

othe

r po

lice

stat

ions

Stol

enR

ecov

ered

12

34

56

7

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Sikkim Police Manual

328

Form No. 92 Chapter -24, Police Stations Records & Register Ref. Regulation 24.2 R5 Part III (i)

PART III CONVICTION REGISTER

Sl.

No. and date

Convict’s name, year of birth, present & former address, personal description & caste

Name of father & other relatives, their address & occupation

Date, sentence, sections, place of conviction, Court which convicted

FIR No. & date, place of occurrence, name & address of complainant, name of I.O. and identi-fying jail Warder

Previous sentences with date, place of conviction and other details as in col. 5

Brief history of the case, names & address of accom- lices if any, history sheet No. if any, cross ref. to other registers, PT, PRT & FP; date of release, name of jail from which released, result of annual enquiry in the case of persons for whom history sheet has not been opened

1 2 3 4 5 6 7

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Volume III

329

Form No. 93A Chapter-24, Police Station Records & Registers Ref. Regulation 24.2 R5 Part III (vi&vii)

BAD CHARACTER ROLL – FORM A(To report absence or departure of a Bad Character)

P.S………………............……… Sub-Division………........………….. District ……...........……….……

1. Bad character roll serial number ……….....................…… Date of report ………..........……………….

2. Name………………………………………....................… Age/date of birth ……...........………………

3. Father’s/husband’s name …………………………….............................…………………………………

4. Caste………….........… Religion ………...........…..…… Occupation ……..........…………………….

5. Descriptive marks of the bad character .......................................................................................................

……………………………………………………............................………………………………………..

6. Address ………………………………………………..............................………………………………...

7. Surveillance register Sl. No………………………….............................………………………….............

8. Particulars of convictions …………………………………….............................…………………………

9. Class/nature of offences he commits ……………………………….............................…………………..

10. Places likely to visit, and the purpose of visit……………………...........................……………………..

11. Information about his/her relatives/associates in such places ……….............................………………...

……………………………………………………………………………............................………………..

12. Date and hour of leaving the place…………………………………..............................…………………

13. Date and hour of despatch of this roll……………………….............................………………………… Signature Designation--------------------------------------------------------------------------------------------------------------------------------

Acknowledgment of receipt of Bad Character Roll - Form A(This portion should be torn off and returned immediately on receipt of the roll)

Bad Character Roll Form A, bearing No………..dated ……… of PS ………....…………. was received by me at ……….............hours on ….....……………The person named therein has not arrived in the limits of this PS. Inquiries are being made.

Signature Designation

Information if any available about the conduct of the bad character during his stay within this PS: Signature Designation

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330

Form No. 93B Chapter-24, Police Station Records & Registers Ref. Regulation 24.2 R5 Part III (viii)

BAD CHARACTER ROLL – FORM B(To report arrival of a suspicious stranger)

P.S………………............…… Sub-Division…….............…………….. District …...........………….……

1. Bad character roll serial number …………......................................… Date of report ………………….

2. Name…………………………………….....................................…… Age/date of birth ………………

3. Father’s/husband’s name ……………………………....................................………………………..……

4. Caste…………….........…… Religion ………............................…… Occupation …………………….

5. Descriptive marks of the bad character .......................................................................................................

………………………………………………………..................................…………………………………

6. Address……………………………………………..................................………………………………...

7. Previous known conviction if any ……..................................…………………………………………….

8. Name and address of the person with whom staying, with information as to his conduct and associates………………………………………….......................................................…………………..….

9. Name of PS and village from which he has reportedly come ……...................................………………...

10. Date on which he reportedly left the said village ………………...................................…………………

11. Date of arrival within this PS jurisdiction …………………..…………...................................………….

12. If departed, the date and hour of departure, with name of person who reported it ……………………………………………………………………………………….......................................................................…

13. Whether the stranger is returning to his home or going elsewhere ……...................................………….

14. Date and hour of despatch of this roll ………………………………...................................…………….

Signature DesignationIf the stranger is identified, full particulars about him should be entered here and the roll should be returned to the Police Station of issue

-------------------------------------------------------------------------------------------------------------------------------- Acknowledgment of receipt of Bad Character Roll Form A

(This portion should be torn off and returned immediately on receipt of the roll) Bad Character Roll Form B bearing No………..dated ……… of PS ………..…………. was received by me at ………..hours on ……………… Signature Designation

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331

Form No. 94 Chapter – 24, Police Station Records & Registers Ref. Regulation 24.2 R5 Part III (vii)

MEMO FORM BOOK

No. Dated

To

SHO,

_____________PS

No. Dated

To

SHO,

_____________PS

No. Dated

To

SHO,

_____________PS

(to be retained by the sender)

Gist of information sent. Gist of information sent. Reply to the information sought

From

SHO,

___________PS

From

SHO,

___________PS

From

SHO,

___________PS

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Sikkim Police Manual

332

Form

No.

95

Cha

pter

- 22

& 2

4, P

olic

e D

istr

ict,

Sub-

Div

isio

n,

Po

lice

Stat

ion

& P

olic

e O

utpo

sts

and

Polic

e

St

atio

n R

ecor

ds &

Reg

iste

rs

R

ef. R

egul

atio

n 22

.11

(1),

24.

2 R

5 Pa

rt V

(2)

(B)

CR

IME

RE

GIS

TE

R F

OR

SD

PO

s

Nam

e of

Pol

ice

Stat

ion

……

……

……

……

FIR

No.

&

dat

e,

sect

ions

of

law,

na

me

of

I.O.

Nam

e an

d ad

dres

s of

accu

sed

pers

ons

Plac

e &

da

te o

f oc

curr

ence

, na

me

and

addr

ess o

f co

mpl

aina

nt

or in

form

ant

Brie

f fa

cts

Valu

e an

d na

ture

of

prop

erty

st

olen

and

va

lue

and

natu

re o

f pr

oper

ty

reco

vere

d

Det

ails

of

pe

rson

s ar

rest

ed,

with

dat

e

Det

ails

of

pe

rson

s re

leas

ed

u/s 1

69

CrP

C,

with

dat

e

Det

ails

of

pers

ons

sent

up

for

trial

No.

and

da

te o

f ch

arge

-sh

eet/

final

re

port

Dis

posa

l by

Cou

rtR

emar

ks

12

34

56

78

910

11

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Volume III

333

Form No. 96 Chapter-24, Police Stations Records & Registers Ref. Regulation 24.2 R5 Part IV (i)

PART IV VILLAGE HISTORY

Name of Police Station………………............................……Name of village ….......………………………

(1) Notes on special outbreaks of crime; (2) Party factions, with nature of differences; (3) Important

disputes between land-lords, between landlords and tenants, or between tenants, and action taken to stop

them; (4) References to operations of suspected receivers of stolen property; (5) Name of persons living

in the village suspected of committing crime in this or other stations, with grounds for suspicion, and the

names of witnesses who can give evidence supporting the suspicions and with cross references to Part I or

IV; (6) Visits of criminals and suspects of other villages, with names of persons visited and reasons for such

visits; (7) Any other matter of interest which the Superintendent of Police considers should find entry, with

special reference to local conditions.

Date of entry Remarks Signature of officer

1 2 3

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Sikkim Police Manual

334

Form No. 97 Chapter-24, Police Stations Records & Registers Ref. Regulation 24.2 R5 Part V (xiii)

PERSONAL FILE (ROWDY SHEET)

Name and aliases………………............................…………No…………………Date:……….……………

Son of…………………………..........................…………..Age ………………..Year of entry…….………

Caste……………………………………..........................…Occupation…………….……………………….

Native Place……………………........ Police Station ……..........………….District ………..........…………

Present address …………………………………………………............................………………………….

Type of offender, nature of rowdyism and favourite localities for offences, etc. ……............................……

……………………………………………………………………………………...........................…………

Associates -

Name, father’s name and caste Address Instances of association Sheet number, if any

1 2 3 4

CONVICTION PARTICULARS

Serial Number Petty case numberBrief nature of the offences and date, conviction

details; Court and C. Number; police officers present.

1 2 3

Remarks: (Here enter further instances of rowdyism, details of petitions or complaints useful for a security case, and present conduct)

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Volume III

335

Form

No.

98

Cha

pter

-24

, Pol

ice

Stat

ion

Rec

ords

& R

egis

ter

R

ef. R

egul

atio

n 24

.2 R

7

NO

N-C

OG

NIZ

AB

LE

CA

SES

RE

GIS

TE

R

Sl.

No.

Nam

e of

co

mpl

aina

ntD

ate

&

time

of

rece

ipt a

t P.

S.

Bri

ef f

acts

of

the

com

plai

ntC

lass

ifica

tion

(non

-cog

./civ

il na

ture

)

If n

on-

cogn

izab

le,

unde

r w

hat

sect

ions

of

law

Whe

ther

co

nten

ts

ente

red

in

gene

ral

diar

y

Part

icul

ars

of

endo

rsem

ent

mad

e on

the

com

plai

nt

Rem

arks

12

34

56

78

9

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Sikkim Police Manual

336

Form No. 99 Chapter-24 & 51, Police Station Records & Registers and General Administrative Instructions Ref. Regulation 24.2 R8 and 51.28 (1)

Name of Police Station/office ……….........................................................................……………………….

DAK RECEIPT REGISTER

Sl.No.

Date Particulars of dak received From whom received

To whom sent

Date & time of sending

Remarks

No. & Date Subject

DAK DESPATCH REGISTER

Sl. No.

Date of despatch

Letter No. & date

Subject To whom sent, with address

Mode of despatch (by hand/by post)

Remarks

1 2 3 4 5 6 7

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Volume III

337

Form

No.

100

C

hapt

er-2

4 &

31,

Pol

ice

Stat

ion

Rec

ords

&

R

egis

ters

& P

rose

cutio

n of

Cas

es

Ref

. Reg

ulat

ion

24.2

R9

A, 3

1.4(

3) (

e)

RE

GIS

TE

R O

F P

RO

CE

SSE

S (S

UM

MO

N &

WA

RR

AN

T)

Sl.

No.

Issu

ing

auth

ority

an

d ca

se

No.

Mem

o N

o.

and

date

of

issu

e

Dat

e of

re

ceip

tD

etai

ls

of p

erso

n su

mm

oned

/to

be

arre

sted

Dat

e fix

ed f

or

hear

ing/

pr

oduc

tion

To

who

m

endo

rsed

by

Cou

rt

To

who

m

endo

rsed

fo

r ex

ecut

ion

Sign

atur

e of

en

dors

ee

with

dat

e

Dat

e of

se

rvic

e/

exec

utio

n

Dat

e of

re

turn

to

C

ourt

Rem

arks

12

34

56

78

910

1112

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Sikkim Police Manual

338

Form No. 101 Chapter-24, Police Station Records & Registers Ref. Regulation 24.2 R9 F

ABSTRACT OF PROCESS FOR THE MONTH OF ……………..

Particulars Pending at the begin-ning

of the month

Received during the

month

Total in hand(2+3)

Served during

the month

Returned unserved during the

month

Total pending

at the end of the month

4-(5+6)

Remarks

1 2 3 4 5 6 7 8

Cogniz-able csases

Non-cogn. cases

Special & local laws

Total

This table is to be made in hand in the process register/warrant register at the end of each month

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Volume III

339

Form

No.

102

A

Cha

pter

-24,

Pol

ice

Stat

ions

Rec

ords

& R

egis

ters

R

ef. R

egul

atio

n 24

.2 R

10 A

AB

SCO

ND

ER

S’ R

EG

IST

ER

PA

RT

-I

(Par

t I –

Abs

cond

ers

in c

ases

reg

iste

red

in th

e ho

me

polic

e st

atio

n)(R

esid

ents

of

the

hom

e po

lice

stat

ion

to b

e w

ritte

n in

red

ink)

Sl.

No.

Nam

e,

pare

ntag

e,

cast

e,

desc

ript

ion

and

resi

dent

ial

addr

ess,

of

absc

onde

r

FIR

No.

&

dat

e,

offe

nces

pl

ace

&

date

of

offe

nces

If

char

ge-

shee

ted,

N

o.,

date

and

C

ourt

If

absc

onde

d w

hile

on

bail,

dat

e of

ar

rest

and

de

tails

of

bail

Whe

ther

w

arra

nt

of a

rres

t pe

ndin

g

Rew

ard

offe

red

Clu

es to

pr

obab

le

whe

re-

ab

outs

Loo

k-ou

t no

tice

refe

renc

e an

d au

thor

ities

to

who

m

sent

His

tory

sh

eet

refe

renc

e

Prev

ious

co

nvic

tions

if

any

Det

ails

of

ac

tion

take

n fo

r ap

pre-

he

nsio

n

Dat

e of

ar

rest

/ su

rren

der

afte

r ab

scon

ding

12

34

56

78

910

1112

13

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Sikkim Police Manual

340

Form

No.

102

B

Cha

pter

-24,

Pol

ice

Stat

ions

Rec

ords

& R

egis

ters

Ref

. Reg

ulat

ion

24.2

R10

A

AB

SCO

ND

ER

S’ R

EG

IST

ER

PA

RT

II

(Par

t I –

Abs

cond

ers

in c

ases

reg

iste

red

in o

ther

pol

ice

stat

ion

but r

esid

ents

of

the

hom

e po

lice

stat

ion)

(Res

iden

ts o

f th

e ho

me

polic

e st

atio

n to

be

wri

tten

in r

ed in

k)

Sl.

No.

Nam

e,

pare

ntag

e,

cast

e an

d de

scri

ptio

n of

ab

scon

der

Res

iden

tial

addr

ess,

P.

S. &

di

stri

ct

FIR

No.

&

dat

e,

offe

nces

pl

ace

&

date

of

offe

nces

P.S.

at

whi

ch

FIR

is

regi

ster

ed

Whe

ther

w

arra

nt

of a

rres

t pe

ndin

g

Rew

ard

offe

red

Clu

es to

pr

obab

le

whe

re-

abou

ts

Loo

k-ou

t no

tice

refe

renc

e,

from

who

m

rece

ived

and

w

hen

and

rece

ived

His

tory

sh

eet

refe

renc

e

Pre

viou

s co

nvic

tions

if

any

Det

ails

of

act

ion

take

n fo

r ap

preh

ensi

on

Dat

e of

ar

rest

/ su

rren

der

afte

r ab

scon

ding

12

34

56

78

910

1112

13

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Volume III

341

Form

No.

103

C

hapt

er-2

4, P

olic

e St

atio

n R

ecor

ds &

Reg

iste

rs

Ref

. Reg

ulat

ion

24.2

R11

(1)

PR

OC

LA

IME

D O

FF

EN

DE

RS

RE

GIS

TE

R

NA

ME

AG

EFA

THER

’s N

AM

EPE

RM

AN

ENT

AD

DR

ESS

TEM

POR

ARY

A

DD

RES

SC

RIM

INA

L R

ECO

RD

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Sikkim Police Manual

342

Form No. 104 Chapter -24, Police Stations Records & Registers Ref. Regulation 24.2 R12 (1)

SURVEILLANCE REGISTER

Sl.

No.

Name, father’s name, caste

Village, full address

Date of entry

Brief reason for entry, and signature

History Sheet No. if applicable

Any observa- tions or facts which came to light subsequ- ently

Remarks

1 2 3 4 5 6 7 8

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Volume III

343

Form No. 105 Chapter-24, Police Stations Records & Registers Ref. Regulation 24.2 R15

VISIT REGISTER

Sl. No. Date of visit Remarks / observations

Signature & designation of the visiting officer

Action taken on the observations

1 2 3 4 5

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Sikkim Police Manual

344

Form

No.

106

C

hapt

er-2

4, P

olic

e St

atio

ns R

ecor

ds &

Reg

iste

rs

Ref

. Reg

ulat

ion

24.2

R16

(1)

MIS

SIN

G P

ER

SON

S R

EG

IST

ER

Sl.

No

Nam

e &

al

ias

if a

ny,

sex

and

age

Fath

er’s

/ hu

sban

d’s

nam

e

Full

addr

ess

Des

crip

- tio

n in

clud

ing

iden

tify-

in

g m

arks

, an

d ph

oto-

grap

h

Wea

ring

ap

pare

ls

at th

e tim

e of

m

issi

ng

Item

s w

hich

th

e pe

rson

w

as

carr

ying

at

the

time

of

mis

sing

Prob

able

pl

ace

and

time

of

mis

sing

Plac

es

whe

re

the

pers

on

is

likel

y to

vis

it

Mis

sing

re

port

re

ceiv

ed

from

GD

en

try

No.

Sign

atur

e of

SH

OIf

tr

aced

, da

te,

time

and

plac

e,

and

by

who

m

trac

ed

To

who

m

the

trac

ed

pers

on

was

en

tr-

uste

d

GD

ent

ry

No.

, R

emar

ks

and

sign

atur

e of

SH

O

12

34

56

78

910

1112

1314

15

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Volume III

345

Form No. 107 Chapter-24, Police Stations Records & Registers Ref. Regulation 24.2 R17

DISPOSITION REGISTER

SlNo

Rank & No

Name Date of appointment

Date of Joining

Transferred from

Present posting

Date of birth

Edu. Qua

Permanent address

Remarks

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Sikkim Police Manual

346

Form

No.

108

C

hapt

er-2

4, P

olic

e St

atio

ns R

ecor

ds &

Reg

iste

rs

Ref

. Reg

ulat

ion

24.2

R18

GO

VE

RN

ME

NT

PR

OP

ER

TY

RE

GIS

TE

R

Nam

e of

Pol

ice

Stat

ion/

offic

e …

……

……

……

……

……

…...

....

Nam

e of

the

item

……

……

……

……

……

……

......

......

..

Sl.

No.

Dat

eFr

om

whe

re

rece

ived

Bill

/Cha

llan

No.

& d

ate

Qua

ntity

re

ceiv

edT

otal

in

st

ock

(col

. 5

+ 12

)

Serv

ice-

able

Uns

er-

vice

able

Sign

atur

eQ

uant

itydi

spos

ed

of

How

di

spos

ed

of, a

nd

refe

renc

e

Bal

ance

Stoc

k(c

ol.

6-10

)

Sign

atur

e

12

34

56

78

910

1112

13

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Volume III

347

Form

No.

109

C

hapt

er-2

4, P

olic

e St

atio

ns R

ecor

ds &

Reg

iste

rs

Ref

. Reg

ulat

ion

24.2

R19

AR

RE

STS

RE

GIS

TE

R

Nam

e of

Pol

ice

Stat

ion

……

……

……

……

……

……

……

……

……

Sl.

No.

Nam

e &

ad

dres

s of

ar

rest

ee

Iden

ti-

ficat

ion

mar

ks

FIR

N

o. &

se

ctio

ns

Dat

e,

time

&

plac

e of

ar

rest

Offi

cer

arre

stin

g w

as

wea

ring

nam

e ba

dge,

or

he

reve

aled

hi

s nam

e to

the

arre

stee

Arr

est

mem

o pr

epar

ed

at th

e tim

e or

arr

est,

or n

ot

Arr

este

e w

as

info

rmed

of

the

gr

ound

s of

arre

st, o

r no

t

Phys

ical

in

spec

tion

mem

o pr

epar

ed o

r no

t. N

o. o

f ite

ms t

aken

un

der t

he

mem

o

Nam

e &

ad

dres

s of

witn

esse

s to

arr

est

Nam

e,

addr

ess &

ph

one

No.

of

frie

nds/

re

lativ

es

who

wer

e in

form

ed

of a

rres

t

GD

en

try

No.

Dat

e &

tim

e of

se

ndin

g fo

r m

edic

al

exam

i- na

tion

Whe

ther

pe

rmis

- si

on to

m

eet

law

yer

and

rela

tives

w

as

gran

ted

Dat

e &

tim

e of

in

form

-in

g co

ntro

l ro

om

abou

t the

ar

rest

Sign

a-

ture

of

I.O.

12

34

56

78

910

1112

1314

1516

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Sikkim Police Manual

348

Form

No.

110

A

Cha

pter

-24,

Pol

ice

Stat

ions

Rec

ords

& R

egis

ters

R

ef. R

egul

atio

n 24

.2 R

21

VE

RIF

ICA

TIO

N R

EG

IST

ER

PA

RT

I (D

OM

ICIL

E, C

OI,

SIK

KIM

SU

BJE

CT

)

Sl.

No.

SP’s

’/ SD

PO’s

m

emo

No.

&

date

Dat

e of

re

ceip

tA

pplic

ant’s

na

me,

fath

er’s

na

me

& a

ddre

ss

Ran

k an

d na

me

of

verif

ying

of

ficer

Dat

e on

whi

ch

endo

rsed

for

verifi

catio

n

Res

ult o

f ve

rifica

tion

No.

& d

ate

of

verifi

catio

n re

port

sent

to S

P/SD

PO

Sign

atur

e of

SH

O

12

34

56

78

9

Form

No.

110

B

Cha

pter

-24,

Pol

ice

Stat

ions

Rec

ords

& R

egis

ters

Ref

. Reg

ulat

ion

24.2

R21

V

ER

IFIC

AT

ION

RE

GIS

TE

R P

AR

T I

I (C

HA

RA

CT

ER

AN

D A

NT

EC

ED

EN

TS)

Sl.

No.

SP’s

’/ SD

PO’s

m

emo

No.

&

date

Dat

e of

re

ceip

tA

pplic

ant’s

na

me,

fath

er’s

na

me

& a

ddre

ss

Ran

k an

d na

me

of

verif

ying

of

ficer

Dat

e on

whi

ch

endo

rsed

for

verifi

catio

n

Res

ult o

f ve

rifica

tion

No.

& d

ate

of

verifi

catio

n re

port

sent

to S

P/SD

PO

Sign

atur

e of

SH

O

12

34

56

78

9

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Volume III

349

Form

No.

110

C

Cha

pter

-24,

Pol

ice

Stat

ions

Rec

ords

& R

egis

ters

Ref

. Reg

ulat

ion

24.2

R21

VE

RIF

ICA

TIO

N R

EG

IST

ER

PA

RT

III

(FO

R I

SSU

E O

F A

RM

S L

ICE

NC

E)

Sl.

No.

SP’s

’/ SD

PO’s

m

emo

No.

&

date

Dat

e of

re

ceip

tA

pplic

ant’s

na

me,

fath

er’s

na

me

& a

ddre

ss

Ran

k an

d na

me

of

verif

ying

of

ficer

Dat

e on

whi

ch

endo

rsed

for

verifi

catio

n

Res

ult o

f ve

rifica

tion

No.

& d

ate

of

verifi

catio

n re

port

sent

to S

P/SD

PO

Sign

atur

e of

SH

O

12

34

56

78

9

Form

No.

110

D

Cha

pter

-24,

Pol

ice

Stat

ions

Rec

ords

& R

egis

ters

Ref

. Reg

ulat

ion

24.2

R21

VE

RIF

ICA

TIO

N R

EG

IST

ER

PA

RT

IV

(MIS

CE

LL

AN

EO

US

VE

RIF

ICA

TIO

N)

Sl.

No.

SP’s

’/ SD

PO’s

m

emo

No.

&

date

Dat

e of

re

ceip

tA

pplic

ant’s

na

me,

fath

er’s

na

me

& a

ddre

ss

Ran

k an

d na

me

of

verif

ying

of

ficer

Dat

e on

whi

ch

endo

rsed

for

verifi

catio

n

Res

ult o

f ve

rifica

tion

No.

& d

ate

of

verifi

catio

n re

port

sent

to S

P/SD

PO

Sign

atur

e of

SH

O

12

34

56

78

9

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Sikkim Police Manual

350

Form

No.

111

C

hapt

er-2

4 Po

lice

Stat

ions

Rec

ords

& R

egis

ters

R

ef. R

egul

atio

n 24

.2 R

22

CA

SH R

EG

IST

ER

Nam

e of

P.S

. ……

……

……

……

……

……

……

Mon

th …

……

……

......

......

......

.....

Dat

ePr

evio

us

bala

nce

(col

. 14)

Rec

eipt

en

try

Sl. N

o.

Parti

cula

rs o

f rec

eipt

Tota

l (c

ol.

2+7)

Sign

atur

e of

SH

OPa

rticu

lars

of p

aym

ent

Bal

ance

(col

.

8-13

)

Sign

atur

e of

SH

OFr

om

who

mO

n w

hat

acco

unt

Bill

/Vo

uche

r re

fere

nce

Am

ount

re

ceiv

edTo

who

m

paid

On

wha

t ac

coun

tR

efer

ence

to

Rec

eipt

en

try S

l. N

o

Am

ount

pai

d

12

34

56

78

910

1112

1314

15

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Volume III

351

Form No. 112 Chapter-24, Police Station Records & Registers Ref. Regulation 24.2 R23

REGISTER OF PETTY/NON FIR CASE REGISTER

Sl. No.

Name of persons charged,

address and occupation

Charge By whom arrested, date & time of arrest

When bailed

out

Date on which put up before Magistrate

Sentence awarded

Remarks

1 2 3 4 5 6 7 8

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Sikkim Police Manual

352

Form No. 113A Chapter-24, Police Station Records & Registers Ref. Regulation 24.2 R24 (A)

COMMAND CERTIFICATE TO BE CARRIED BY POLICE OFFICERS DEPUTED ON DUTY

P.S. and district

Details of Force with name

Proceeding to

Description of duty and number of escorts requisitioned

Depar- ture time

Arrival time

Receiving permission to return, with signature of officer giving permission

Date and hour of return to be noted

1 2 3 4 5 6 7 8

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Volume III

353

Form No. 113B Chapter-24, Police Station Records & Registers Ref. Regulation 24.2 R24 (B)

COMMAND CERTIFICATE FOR SIKKIM POLICE PERSONNEL GOING OUTSIDE THE STATE ON DUTY

No. ……………………… Date ……………….....

The bearer Shri/Smt……………………………….....……....…........ Rank ………………...........................

of ………………………................……………......……, Sikkim Police is directed to proceed on duty to

…………………………………………, in the State of …...….…………...…………...........................…..,

on …………….................

2. All Magistrates, Police officers and other public servants are earnestly requested to afford the bearer such assistance as may lie in their power, in the interest of justice.

Seal of the Signature of the Supdt of Police/

office of issue DIGP/IGP

…………………………………………………………………………………………................................

Seen by Office Date Signature

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Sikkim Police Manual

354

Form No. 114 Chapter-24, Police Stations, Records & Registers Ref. Regulation 24.2 R25

POSTAL ACCOUNT REGISTER

Sl. No.

Date of despatch

Letter No.and date

Details of addressee

Postage charge

Balance postage stamp in hand

Remarks

1 2 3 4 5 6 7

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Volume III

355

Form

No.

115

C

hapt

er-2

4, P

olic

e St

atio

ns R

ecor

ds &

Reg

iste

r

Ref

. Reg

ulat

ion

24.2

R26

(A

)

CA

SE P

RO

PE

RT

Y R

EG

IST

ER

(MA

LK

HA

NA

RE

GIS

TE

R)

Nam

e of

Pol

ice

Stat

ion…

……

……

……

……

……

……

FI

R N

o. &

dat

e …

……

……

……

……

Sl.

No.

Des

crip

tion

of p

rope

rtyD

ate

of

seiz

ure

Dat

e of

de

posi

tR

ank

&

nam

e of

de

posi

tor

Sign

atur

e of

M

alkh

ana

I/C

If se

nt to

C

ourt

with

fin

al re

port,

si

gnat

ure

of

I.O.

If d

ispo

sed

othe

rwis

e,

disp

osal

or

der a

nd

refe

renc

e

No.

&

date

of

forw

ardi

ng

lette

r and

re

ceip

t

By

who

m

rece

ived

Sign

atur

e of

M

alkh

ana

I/C

12

34

56

78

910

11

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Sikkim Police Manual

356

Form No. 116 Chapter-24, Police Stations Records & Registers Ref. Regulation 24.2 R27

FORM FOR ROAD CERTIFICATE

Police station........................

RC No..................................

1. Date and Time ............................................................................................................................................2. Police station case reference.......................................................................................................................3. Malkhana Register Sl.No. .........................................................................................................................4. Name of the IO/Duty Officer .....................................................................................................................5. Description of the case exhibits being handed over .................................................................................. (a) ............................................................................................................................................................... (b) .............................................................................................................................................................. (c) ............................................................................................................................................................... (d) .............................................................................................................................................................. (e) ...............................................................................................................................................................

6. Name and Rank of the Malkhana in charge of the police station handing over the exhibits.....................................................................................................................

7. Name and Rank of the Officer of prosecution branch taking over the exhibits.....................................................................................................................

Signature Signature

Officer handing over Officer taking over

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357

Form No. 117 Chapter-24, Police Stations Records & Registers Ref. Regulation 24.2 R28

CASH RECEIPT(to be prepared in duplicate)

Receipt No…………….......…........ Date ….......………......….. Name of P.S. ………………………........Particulars of amount received from ………………………….................……………………………..........

Sl. No.

To whom payable, on what account

Contingent bill/ voucher & date

By cheque/cash (mention cheque No. if received by cheque)

Amount

1 2 3 4 5

Grand total : (in figures) …………….......….. (in words)………………………………………...................

____________________________Signature of the official at the timeof receiving the cash / chequesmentioned aboveName & rank ……………………. (Signature of S.H.O.)

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Sikkim Police Manual

358

Form

No.

118

C

hapt

er-2

4, P

olic

e St

atio

ns R

ecor

ds &

Reg

iste

rs

Ref

. Reg

ulat

ion

24.2

R29

DO

ME

STIC

AN

D P

RO

FE

SSIO

NA

L H

EL

PS

RE

GIS

TE

R

Sl No

Nam

e,

fath

er’s

na

me

Sex,

ag

e/

date

of

birth

Perm

anen

t ad

dres

s in

clud

ing

P.S.

Nam

e &

ad

dres

s of

empl

oyer

Sinc

e w

hen

empl

oyed

Nat

ure

of

empl

oy-

men

t

If v

erifi

catio

n is

exe

mpt

ed,

unde

r wha

t ca

tego

ry ?

If v

erifi

catio

n is

re

quire

d, w

heth

er

rece

ived

Sign

atur

e of

SH

O

12

34

56

78

910

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Volume III

359

Form

No.

119

C

hapt

er-2

4, P

olic

e St

atio

ns R

ecor

ds &

Reg

iste

rs

R

ef. R

egul

atio

n 24

.2 R

30

TE

NA

NT

S V

ER

IFIC

AT

ION

RE

GIS

TE

R

Sl No

Tena

nt’s

na

me,

fa

ther

’s

nam

e

Sex,

ag

e/

date

of

bi

rth

Perm

anen

t ad

dres

s in

clud

ing

P.S.

Add

ress

of

the

build

ing

whe

re

the

tena

nt is

re

sidi

ng

Sinc

e w

hen

stay

ing

Nam

e &

ad

dres

s of

hou

se

owne

r

Occ

upat

ion

of th

e te

nant

Parti

cula

rs o

f de

pend

ents

etc

. st

ayin

g w

ith th

e te

nant

(nam

e,

age

addr

ess a

nd

rela

tions

hip

with

the

tena

nt)

If

verifi

catio

n is

exem

pted

, un

der w

hat

cate

gory

?

If

verifi

catio

n is

requ

ired,

w

heth

er

rece

ived

Sign

atur

e of

SH

O

12

34

56

78

910

1112

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Sikkim Police Manual

360

Form No. 120 Chapter-24, Police Stations Records & Registers Ref. Regulation 24.2 R31

MOTOR VEHICLE CHALLAN REGISTER

Sl. No and date

Name of Complai-nant or informant

Name and address of accused and vehicle Regis-tration number

Brief description of offence, with date and place of occurrence and sections of law

Date of arrest

Date of hearing

Name & address of witnesses

Name of trial Court and result of trial

Remarks, with signature of SHO

1 2 3 4 5 6 7 8 9

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Volume III

361

Form

No.

121

C

hapt

er-2

4, P

olic

e St

atio

ns R

ecor

ds &

Reg

iste

rs

R

ef. R

egul

atio

n 24

.2 R

33

ML

C R

EG

IST

ER

A r

egis

ter

shal

l be

mai

ntai

ned

in th

e po

lice

stat

ion

for

all c

ases

in w

hich

a p

erso

n ha

s be

en f

orw

arde

d fo

r m

edic

al e

xam

inat

ion.

Due

to n

on r

ecei

pt o

f m

edic

o le

gal r

epor

t, th

ere

is d

elay

in fi

naliz

ing

case

s.

It s

hall

be th

e du

ty o

f ev

ery

SHO

of

the

polic

e st

atio

n to

insp

ect t

his

regi

ster

on

a w

eekl

y ba

sis

and

take

nec

essa

ry m

easu

res

to o

btai

n m

edic

o-le

gal r

epor

t fro

m th

e co

ncer

ned

Med

ical

Offi

cer.

The

mat

ter s

hall

be re

port

ed to

the

SDPO

, in

case

the

repo

rt is

del

ayed

for a

per

iod

of m

ore

than

one

mon

th, w

ho s

hall

then

take

nec

essa

ry a

ctio

n.

FOR

M

Sl.N

oD

ate

&

Tim

e Po

lice

Stat

ion

GD

re

fere

nce/

FIR

No

Nam

e, a

ge,

S/o

& D

/o

& a

ddre

ss o

f th

e pe

rson

fo

rwar

ded

for

med

ical

ex

amin

atio

n

Nam

e of

th

e du

ty

offic

er o

r in

vest

igat

ing

offic

er

Nam

e of

the

pers

onne

l ac

com

pany

ing

the

vict

im/

accu

sed

Forw

arde

d to

B

rief

co

mm

ents

on

the

opin

ion

soug

ht

Tim

e &

da

te o

f re

ceip

t of

repo

rt

Rem

arks

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362

Form No. 122 Chapter-24, Police Station Records & Registers Ref. Regulation 24.2 R34

CASUAL LEAVE REGISTER

Name……………………………………………………………….................................................................

Designation ……………………………………………………......................................................................

Pay…………………………………………………………………................................................................

Date of Application

Ground of application

Period of leave

prayed for from to

Order of the Branch Head Total of leave taken during the

year

Remarks

Leave Sanction

INITIAL

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363

Form No. 123 Chapter-24, Police Station Records & Registers Ref. Regulation 24.2 R37

ARREST REPORT U/S 58 CR.P.C.(To be enclosed to Remand Report)

Police Station ……………………. FIR No…………..... Section of law …………………….

1. Name of accused :

2. Place of arrest :

3. Date of arrest :

4. Time of arrest :

5. Whether with warrant/without warrant :

6. Identity of the Officer making arrest : (a) Whether in uniform & with name plate (b) If not, whether identity card was shown to the accused

7. Whether grounds of arrest informed or not :

8. Names of the witnesses present at the time of arrest :

9. Name of relations if any present :

10. Whether accused requested for medical : examination

11. If so, whether presented before a medical : officer

12. Signature of witnesses :

13. Signature of the arrested person :

Date …………….. (Signature of Investigating Officer)

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364

Form No. 124 Part A&B Chapter-24, Police Stations Records & Registers Ref. Regulation 24.2 R38

MESSAGE BOOK PART A(incoming messages)

Sl. No.

Date and hour of receipt

From whom received (including phone number)

Text of the message

By whom received

GD entry, if any

Action if any taken

Signature of the recipient

Remarks and signature of SHO

1 2 3 4 5 6 7 8 9

MESSAGE BOOK PART B(outgoing messages)

Sl. No. Date and hour of sending

To whom sent (including phone number)

Text of the message

Name & designation of person who received the message

Mode of sending (phone, WT, fax etc)

Signature of the person sending the message

Remarks and signature of SHO

1 2 3 4 5 6 7 8

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365

Form No. 125 Chapter-24& 28, Police Stations Records & Registers and Arrest, Custody, Bail, Remand & Search Ref. Regulation 24.3 (4), 28.28(3)

PROPERTY SEARCH & SEIZURE FORM(Search/Production/Recovery U/s. 165 Cr.P.C.)

1. District …………………………................. Police Station …......……………… Year……….........…

FIR No./G.D.No…………….............................................................................….. Date……...…......…

2. Acts and Sections ………………………………..............………………………………..............…….

3. Nature of property seized : Stolen / Unclaimed / Unlawful possession / Involved /

Intestate……………………………………………................…………………………..........………… 4. Property seized: (a) Date……………................…........… (b) Time………………...……………….. (c) Place from where seized/recovered………................………………….........…… (d) Description of the place of seizure/recovery…................………….........………..

5. Person, from whom seized: Professional receiver of stolen property……………................………………………….......... Yes/No

Name……........………...............……………….. father’s/husband’s name…………..………..…..….. Sex………..… Age ……..………. Occupation ……...............………………………...........…………. Address…………………………………………................…………………………………..........……

6. Witnesses:

(i) Name…………………..........…….....…… father’s/husband’s Name……...………………...........…... Sex…………...Age……………….Occupation………............................……………………………… Address………………………............................………………………………………………………..(ii) Name………………………….............… father’s/husband’s Name…..............………………..……... Sex…………...Age……………….Occupation………………………............................……………… Address………………………………………………............................……………………………….. 7. Action taken/recommended for disposal of perishable property:……...........................……………….. ……………………………………………………………………............................…………………..

8. Action taken/recommended for keeping of valuable property: ………............................……………… ……………………………………………………………………….................………………………..

9. Identification required: Yes / No

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366

Form No. 125 (contd.)

10. Details of properties seized/recovered: (Use prescribed form(s) and attach).

Details of Counterfeit Currency seized/recovered:

Distt. …………………… P.S. ….........……....……. Year….....….… FIR No….......…… Date…………..

Sl. No. Number of Pieces Series Serial Number Type of Currency Denomination

1 2 3 4 5 6

Signature of the Investigating Officer.

Details of Narcotic Drugs seized/recovered

Distt. …………………… P.S. ……………… Year……… FIR No……….… Date…………

Sl. No.

Name of the durg

No. of packets

Weight in kg.

Description of the packing & marking if any

Method of concealment

Estimated value (in

Rs.)

1 2 3 4 5 6 7

Signature of Magistrate if present Signature of the Investigating Officer

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Form No. 125 (contd.)

11. Circumstances/grounds for seizures:

12. The above mentioned properties were seized in accordance with the provisions of law in the presence of the above said witnesses and a copy of this seizure form was given to the person/the occupant of the place from whom seized.

13. The following properties were packed and/or sealed and the signature of the above said witnesses obtained thereon or on the body of the property. (Attach a separate sheet, if necessary).

Sl. No. Property Signature obtained on the packet or on the

body of the property

1 2 3

Specimen of the seal as given here:

Signature of the Investigating Officer.

Witness 1: Signature………………………. Name ………...........................………………………………

Witness 2: Signature……………………… Name ………..........................……………………………….

Place ……………………………………….. Date …………...........................……………………………..

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368

Form No. 126 Chapter-24& 30, Police Station Records & Registers, Final Disposal and completion of Investigation Ref. Regulation 24.3(5), 30.3(1), 30.3(2), 30.4(1), 30.4(2), 30.8(2)

CHARGE SHEET / CASE DISPOSAL REPORT(Under Section 173 Cr.P.C.)

In The Court of …………………………............

1. Dist…………..………….............................………. PS………..…..……………….Year.…………… FIR No…………………………….......................... Date.…...................................

2. Final Report/Charge Sheet No…………………………. 3. Date.……........…

4. i) Act…………………......................................……………. Sections……………….…………..……

ii) Act…………………...................................................… Sections…………………..…………….

iii) Act…………………................................…………........ Sections……………….………..……… iv) Other Acts & Sections………..........................................………………………………………………

5. Type of Final Form/Report: ……........................………………………………… Charge Sheet / Untraced / Not charge-sheeted for want of Evidence/Offence Abated/ Un-occurred

6. F.R.Un-occurred: False/Mistake of Fact/ ………........................……………………………… Mistake of Law/Non-cognizable/Civil Nature

7. If Charge Sheet, Original/Supplementary ……........................…………………………………

8. Name of the I.O. ………….......................……………….…………… Rank……………….......................…………………

9. (a) Name of the ……………………............………………………… complainant/informant

(b) Father’s/husband’s Name …………………….........................................…………………………

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369

Form No.126 (Contd.)

10. Details of Properties/Articles/Documents recovered/seized during investigation and relied upon (separate list can be attached, if necessary)

Sl.No.

Property Description

Estimated Value

(in Rs.)

P.S. Property Register No.

From whom/where recovered

or seizedDisposal

1 2 3 4 5 6

11. Particulars of accused persons charge-sheeted: (Use separate sheet for each accused):

Sl. No. 1

(i) Name………………………………..............................…. Whether verified…………..………….

(ii) Father’s/Husband’s Name…………..........................................................................………………

(iii) Date/Year of Birth…………… (iv) Sex…………… (v) Nationality…………......................……

(vi) Passport No....…………................…...........................................…. Date of issue…..........………

Place of issue…….….............................................................................................................………

(vii) Religion……………………… (viii) Whether SC/ST…….……..................………….……....…..

(ix) Occupation………………………………………………....................……………………....……..

(x) Address…………………………………………………………...............................……………….

Whether verified………………….........................................................................................………

(xi) Provisional criminal No.……………… (xii) Regular criminal No.……..........................………..

(xiii) Date of Arrest………………………..... (xiv) Date of release on bail……..................................….

(xv) Date on which forwarded to Court…………………………………................................…......……

(xvi) Under Acts & Sections………………………………..............................………………...........…..

(xvii) Name of bailers/sureties and Address……………………….........................……………….....…..

(xviii) Previous convictions with case reference………..………..............................…………..........….…

(xix) Status of the accused …………………………….........................................................……………

(Forwarded/Bailed by Police/ Bailed by Court/ in Judicial Custody/Absconding/ Proclaimed Offender)

12. Particulars of accused persons not charge sheeted (suspect)

(separate sheet for each accused)

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370

Form No.126 (Contd.)

Sl. No. 1 (i) Name………………………...............……...............….. Whether verified ……………………………(ii) Father’s/Husband’s Name ……………..............................…………………………….…….………... (iii) Date/Year of Birth……………… (iv) Sex…………… (v) Nationality …..........................…………(vi) Passport No…………..........…… Date of Issue…………… Place of issue……...............…………… (vii) Religion…………………………(viii) Whether SC/ST…………...........................…………………. (ix) Occupation………………………………….............................……………………………………..…. (x) Address………………………………….........................……………………………………………… Whether verified……………………………..........................………………………………………….(xi) Provisional Criminal No…………(xii) Suspicion Approved: Yes / No(xiii) Status of the accused (Suspect): ………………....................................……………………………….. Bailed by Police/Bailed by Court/ In Judicial Custody/Not Arrested (xiv) Under Acts and Sections………………………..............................…………………………………… (xv) Any Special Remarks including reasons for not charge sheeting

13. Particulars of Witnesses to be examined:

Sl. No.

Name Father’s/Husband’s

Name

Date/Year of Birth

Occu-pation

Address Type of evidence

to be tendered.

1 2 3 4 5 6 7

14. If FIR is false, indicate action taken or proposed to be taken u/s 182/211 IPC:

15. Result of laboratory analysis:

16. Brief facts of the case (add separate sheet if necessary)

17. Is acknowledged copy of notice to complainant attached? Yes / No

18. Despatched on …………………………

Forwarded by Station House Officer Signature of the Investigating Officer Officer-in-charge submitting the Final Report/Charge Sheet

Name………………………………. Name…………..……………………….

Rank………………………………. Rank………………….…………………

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Volume III

371

Form

No.

127

C

hapt

er-2

4& 3

1, P

olic

e St

atio

n R

ecor

ds &

Reg

iste

rs,

Pr

osec

utio

n of

Cas

es

Ref

. Reg

ulat

ion

24.3

(6),

31.

4(3)

(a)

CO

UR

T D

ISP

OSA

L F

OR

M

IN T

HE

CO

UR

T O

F…

……

……

……

..

1.

Dis

t……

……

…...

......

......

.……

P. S

. ……

……

......

.…..Y

ear…

……

……

…FI

R N

o./P

roce

edin

g N

o……

……

…. D

ate…

......

....…

……

2.

Cha

rge

Shee

t No…

……

……

……

......

......

......

....…

…..

Dat

e……

……

……

……

3. J

udic

ial F

ile/C

ourt

Cas

e N

o.…

......

......

……

……

4.

Act

s &

Sec

tions

of

the

Law

……

……

……

……

…...

......

......

......

......

.....…

……

……

……

……

……

……

……

……

……

……

……

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.

5.

Dat

e of

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ourt

……

……

……

……

…...

......

......

......

......

......

......

.....…

……

…..6

. Typ

e of

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e:

Sum

mon

/

War

rant

7.

Dat

e of

Jud

gmen

t……

……

……

……

……

……

. 8. N

ame(

s) o

f th

e Pr

osec

utor

……

......

......

......

......

......

......

......

......

..……

……

……

……

9.

Det

ails

of

Cou

rt d

ispo

sal i

n re

spec

t of

all a

dult

accu

sed

pers

ons:

Sl.

No.

Nam

e of

the

accu

sed

Prov

isio

nal

Cri

min

al

No.

Reg

ular

C

rim

inal

N

o.

Typ

e of

D

ispo

sal

Act

s &

Se

ctio

ns

of L

aw

unde

r w

hich

co

nvic

ted

Typ

e of

Pu

nish

-m

ent

Peri

od o

f Pu

nish

-m

ent

Am

ount

of

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e

Peri

od

of

Bon

d

Am

ount

of

Bon

d

Fing

er

Prin

t T

aken

(Y/N

)

12

34

56

78

910

1112

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Sikkim Police Manual

372

For

m N

o.12

7 (C

ontd

.)

10.

D

etai

ls o

f C

ourt

dis

posa

l in

resp

ect o

f Ju

veni

les:

Sl.

No.

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e of

the

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used

Prov

isio

nal

Cri

min

al

No.

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ular

C

rim

inal

N

o.

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sal

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s &

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L

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w

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pu

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ent

Peri

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f de

tent

ion/

ca

re

Am

ount

of

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e

Nam

e &

A

ddre

ss o

f th

e Sp

ecia

l H

ome/

Juve

nile

H

ome/

O

bser

vatio

n H

ouse

to

whi

ch s

ent

Fing

er

Prin

t T

aken

(Y/N

)

12

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56

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11

11.

Rea

son

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……

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:

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e /

Acc

used

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igna

ture

and

……

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…...

.……

……

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e of

the

P.P.

/APP

. Pre

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……

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……

……

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Volume III

373

Form

No.

128

C

hapt

er-2

4, P

olic

e St

atio

ns R

ecor

ds &

Reg

iste

rs

Ref

. Reg

ulat

ion

24.3

(8)

DE

TA

ILS

OF

AU

TO

MO

BIL

E S

EIZ

ED

/ R

EC

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ER

ED

/ ST

OL

EN

/ IN

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t……

……

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. …...

......

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ear…

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IR N

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.……

……

……

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D

ate…

……

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……

Typ

e of

A

uto-

mob

iles

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imat

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ueM

ake

Col

our

Mod

el

Yea

rR

egis

tere

d N

umbe

rC

hass

is

Num

ber

Eng

ine

Num

ber

Stol

en/

Rec

over

ed/

Seiz

ed/

Invo

lved

Bel

ongi

ng to

V

ictim

/ac

cuse

d or

ab

ando

ned

Insu

ranc

e C

ertifi

cate

N

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r

Nam

e of

C

ompa

ny

12

34

56

78

910

1112

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Sikkim Police Manual

374

Form

No.

129

C

hapt

er-2

4, P

olic

e St

atio

ns R

ecor

ds &

Reg

iste

rs

Ref

. Reg

ulat

ion

24.3

(9)

DE

TA

ILS

OF

CU

LT

UR

AL

PR

OP

ER

TY

SE

IZE

D /

RE

CO

VE

RE

D /

STO

LE

N /

INV

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VE

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Dis

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t ……

……

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……

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P.S

,……

……

……

……

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ear…

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……

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…...

......

....

FIR

No…

……

……

……

…...

......

Dat

e……

……

……

…...

......

......

......

.

Sl .No.

Type

Material used

Nomenclature

Height In cms.

Breath In cms.

Depth In cms.

Weight In kgs./Grams.

Age AD/BC

EstimatedValue in Rs.

SpecialFeatures

SpecialFeatures

SpecialFeatures

Stolen/Recovered/ Seized

Photo GraphsCollected

ASI CertificateNo.

InsuranceCertificate No.And name ofthe Company

12

34

56

78

910

1112

1314

1516

17

Sign

atur

e of

Inv

estig

atin

g O

ffice

r.

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Volume III

375

Form

No.

130

C

hapt

er-2

4, P

olic

e St

atio

ns R

ecor

ds &

Reg

iste

rs

Ref

. Reg

ulat

ion

24.3

(10

)

D

ET

AIL

S O

F I

DE

NT

IFIA

BL

E N

UM

BE

RE

D O

R U

NN

UM

BE

RE

D G

EN

ER

AL

PR

OP

ER

TIE

S IN

CL

UD

ING

FIR

E-A

RM

S SE

IZE

D /

RE

CO

VE

RE

D /

STO

LE

N /

INV

OL

VE

D.

Dis

tric

t……

……

……

……

……

…..P

.S,…

……

……

….…

……

……

Yea

r……

…...

.....…

FIR

No…

……

……

……

..……

.Dat

e……

….…

……

Sl.

No.

Typ

e of

Prop

erty

Est

ima-

ted

Val

ue

Qua

n-tit

yM

ake

Mod

elB

ore

Num

ber

Spec

ial

Mar

ksof

Ide

nti-

ficat

ion

Cou

ntry

of

Ori

gin

Stol

enR

ecov

ered

/Se

ized

/In

volv

ed

Bel

ongi

ngto

Vic

tim/

Acc

used

orA

band

oned

Insu

ranc

eC

ertifi

cate

Num

ber

Nam

e of

Com

pany

12

34

56

78

910

1112

13

S

igna

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stig

atin

g O

ffice

r.

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376

Form No. 131 Chapter-26, Powers and duties of Investigating Officers to investigate Cognizable & Non-cognizable crime Ref. Regulation 26.10 (3)

LETTER OF ADVICE

FORWARDING A MATERIAL OBJECT TO AN EXPERT

1. Police station name, FIR No. section of Law.

2. Number of persons or animals effected.

3. Number of deaths, if any.

4. A brief history of the case with details as to the motive for the offence, when, where, and how the offence was committed and other relevant particulars connected with the crime.

5. A list of articles forwarded for examination with a brief description of each article and from where and in what condition it was recovered. (the numbers given to the articles and their description must correspond with those on the labels affixed to the respective articles).

6. The exact nature of examination required to be made on each of the articles sent.

7. Whether any of the articles are to be returned after examination.

8. A brief description of the mode of packing and through whom and how the parcel is sent. It should be stated whether the articles are being sent through a messenger or by rail or by post and if the messenger is a Police personnel, his name and number should be stated.

9. A sample seal used in sealing the material objects and the outermost covering.

10. List of documents enclosed.

Note: In poisoning cases, a supplementary letter of advice in Form prescribed should also be sent.

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377

Form No. 132 Chapter -26, Powers & Duties of Investigating Officers to investigate Cognizable and Non-cognizable crime Ref. Regulation 26.10 (4)

Letter of Advice – Supplementary Information

DATA TO BE FURNISHED BY THE POLICE TO THE MEDICAL OFFICER AND/OR CHEMICAL EXAMINER IN ALL CASES OF SUSPECTED POISONING.

1. Name, sex and age of poisoned person.

2. Nature of food or drink last taken.

3. Interval of time between the last eating or drinking and the development of the following symptoms.

4. Symptoms stating nature of vomit or excreta and parts of the body affected.

SYMPTOMS

(a) Vomiting (k) Clutching at

(b) Purging (l) Delirium

(c) Loss of Sensation (m) Paralysis (d) Dilatation/Contraction (n) Hemorrhages (e) Unconsciousness (o) Bleaching of mouth and colour

(f) Excitement (p) Dryness or moistness of skin

(g) Flushing of face (q) Collapse

(h) Twitching (r) Suffocation

(i) Tingling of the skin and throat (s) Cyanosis (Livid) Clonic(j) Convulsions Tonic (t) Deep Sleep

5. Approximate time of death with date, if death occurred.

6. Names of other persons who partook of the same food or drink and symptoms exhibited by them.

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Form No. 132 (contd.)

7. Did the poisoned person walk from the place where he first became ill, if so what distance.

8. Did the poisoned person talk sensibly or foolishly.

9. What treatment was adopted and what medicines were administered and by whom.

10. Any other information available likely to prove useful as a guide to the class of poison administered, including information given by friends and neighbours.

Police Station ………………….

Date …………………………… Signature of Investigation Officer.

Note: This form also should be sent along with other Post Mortem Form to the Medical Officer while sending the body of any person whose death is suspected to have been caused by poisoning.

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Volume III

379

Form No. 133 Chapter-27, Collection of Evidence Ref. Regulation 27.13 (4)

REQUISITION U/S 8 OF BANKER’S BOOK EVIDENCE ACT, 1891

No.: Date:To

The Manager,……………..........………. (name of Bank)……………..........………. (branch name)……………..........………. (address)

Sir,

Sub:- Requisition for documents/records for the purpose of investigation .

Ref:-

Where as the following records / documents containing certain entries in your Branch are required

for the purpose of investigation in case No. ……… of ………….. Police Station of …………… district, you

are requested to furnish copies of the entries as per the details given below duly certified under the Banker’s

Book Evidence Act, 1891 within …………. days of the receipt of this requisition.

Details of the entries/documents requisitioned.

1.

2.

3.

4.

Yours faithfully,

Superintendent of Police, ..................................... District.

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380

Form No. 134 Chapter-27, Collection of Evidence Ref. Regulation 27.25 (3)

CASE DIARY(u/s 172 Cr.P.C.)

Police Station …………………………………………. District …..................……………………...

FIR No. ……………………….. date ………………… Sections ………..................……...………..

Name of complainant ……………………………………………………………..................…………….....

Case Diary No. ………………… Date ……………..................……………...

Particulars of accused persons:

Arrested and sent up Arrested and released on bail At large

Particulars of entry

No. & hour of entry

Place of entry

Synopsis of entry

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381

Form No. 135 Chapter-27& 31, Collection of evidence, Prosecution of Cases Ref. Regulation 27.35, 31.4(3) (b)

COURT DIARY

1. Name of Court……………......................… Court case No…….....….… date of hearing: …....................

2. Name of P.S.……………….................…... P.S. case No………........… date ……..……….....................

3. Charge-sheeted on………………………… Trial commenced on ………………......................................

4. Sections of law …………………………………………………………………….....................................

5. Name of P.P./APP …………………………………………………………………....................................

6. Name of I.O. ……………………………………………………………………….....................................

7. Names of accused persons…………………………………………………...……......................................

8. No. of PWs cited in charge-sheet ............... No. of PWs examined till date…..…......................................

9. Number of documents (a) cited as evidence ….....… (b) proved as exhibit….............................................

10. Number of material evidence (c) cited ………....… (b) proved as exhibit ………....................................

11. Nature of proceedings and gist of hearing on the date:

………………………………………………………………………………………….............................. ……………………………………………………………………………..……………............................

12. Difficulties encountered in trial: ……………………………………………..……...................................

13. Remedial measures proposed: ………………………………………………..……..................................

14. Date of next hearing……………………………........................................................................................

15. Nature of proceedings to be taken up on the next date of hearing:

Signature of PP/APPCopy to:

SP/………..

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382

Form No. 136 Chapter- 28, Arrest, Custody, Bail, Remand and Search Ref. Regulation 28.23(2)

BOND AND BAIL-BOND FOR ATTENDANCE BEFORE OFFICER-IN-CHARGE OF POLICE STATION OR COURT

[SEE SECTIONS 436, 436-a, 437, 438(3) AND 441 c.p.c.]

I, (name)…………………………………. R/o (place) ………………………….. having

been arrested or detained without warrant by the officer in charge of …………... police station (or

having been brought before the Court of ……………………………..), charged with the offence of

……………………………… and required to give security for my attendance before such officer or Court

on condition that I shall attend such officer or Court on every day on which any investigation or trial is

held with regard to such charge, and in case of my making default herein, I bind myself to forfeit to the

Government the sum of rupees …………………...............................………………………………………..

Dated this …………… day of ……………..

(Signature)

I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety/

sureties for the above said (name) …………………………………………. That he shall attend the officer

in charge of ……………………. Police station or the Court of …………………….. on every day, on which

any investigation into the charge is made or any trial on such charge is held that he shall be, and appear,

before such officer or Court for the purpose of such investigation or to answer to charge against him (as the

case may be) and in case of his making default herein, I hereby bind myself (or we hereby bind ourselves)

to forfeit to Government the sum of rupees ………………….

Dated this …………… day of ……………..

(Signature)

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383

Form No. 137 Chapter-28, Arrest, Custody, Bail, Remand & Search Ref. Regulation 28.28(3)

SEARCH PROCEEDINGS UNDER SUB-SECTION (4) OF SECTION 165,CODE OF CRIMINAL PROCEDURE

(to be prepared in duplicate)

1. Whereas I have reasonable grounds for believing that certain things namely ........................................

..........................etc. necessary for the investigation into …………………………. Police Station FIR

No. ……...................…………… u/s ………………………….............….. are likely to be found, which

cannot in my opinion be otherwise obtained without undue delay, I am searching/causing search to be

made in the house/premises occupied by …………………………………… …………………..........….

at ……………………………………….. (address of the house/premise).

2. Whereas I am unable to conduct the search at the said house/premises I hereby require and authorize

(rank and name) …………….................................…….. to search the above place or places for the above

thing or things.

Date……… Signature and seal of Investigating Officer.

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Sikkim Police Manual

384

Form No. 138 Chapter-28, Arrest, Custody, Bail, Remand & Search Ref. Regulation 28.33, 28.34

LIST OF PROPERTY SENT TO MAGISTRATE(to be prepared in triplicate)

Police Station ………………….........…………..Date of list …..........…… Date of dispatch …........………

FIR No. and date

Rank and name of Police Officer making seizure

List of property seized or found

When and from whom seized or where found

When, where and from whom stolen or nature of suspicious circumstances.

1 2 3 4 5

Investigating Officer

ORDERS OF MAGISTRATE

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Volume III

385

Form No. 139 Chapter-30&31, Final Disposal and completion of Investigation & Prosecution of Cases Ref. Regulation 30.2(3), 30.2(5), 31.2 (3) B

INVESTIGATING OFFICER’S REPORT TO P.P./A.P.P., ON COMPLETION OF INVESTIGATION, FOR OPINION

Police Station…………………......…........……………... FIR No………………….........………………….

1. Date of F.I.R:

2. Sections of law registered:

3. Date of completion of investigation:

4. Date of arrest of accused if any:

5. Whether remand after 60/90 days is under expiry if so, furnish date of expiry:

6. Total number of accused persons:

7. Number of witnesses examined:

8. Whether sanction is required for any offence/offender:

9. Details of messenger (HC/Constable) through whom the C.D. file is sent to PP/APP:

10. Date of sending file to PP/APP:

11. Whether the Investigating Officer discussed personally with PP/APP earlier or after completion of investigation:

12. Brief facts of the case, nature of evidence gathered against each accused and the witnesses supporting each charge and the opinion of the Investigating Officer:

Signature of the Investigating Officer.

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Sikkim Police Manual

386

Form No. 140 Chapter-30, Final Disposal & Completion of Investigation Ref. Regulation 30.2(5) 31.2(3)B, 31.2(3)C

P.P’s / A.P.P’s OPINION AFTER COMPLETION OF INVESTIGATION

1. Date of receipt of file :

2. Through whom received ;

3. Date of sending the file with opinion :

4. Whether any sanction for prosecution of the offence/offender is recommended :

5. Whether the Investigating Officer discussed the case earlier/after completion of the case :

6. Whether recommended for further investigation :

7. Whether material is sufficient for charge sheet :

8. Brief discussion of the case with the available evidence showing whether the material is sufficient/insufficient for successful prosecution :

(If material is insufficient, instructions to be given as to the nature of further evidence required with details):

Signature of the PP/APP.

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Volume III

387

Form No. 141 Chapter-30, Final Disposal & Completion of Investigation Ref. Regulation 30.4(1)

NOTICE TO THE COMPLAINANT

ORIGINAL

No. ……………….........…… Date………………..

To

……………………………………………..

Please take notice that your complaint

dated………under section ……… I.P.C has been

reported to the……. Class Magistrate of …………

duly charged/to be (1) false (2) non-cognizable

(3) mistake of fact or law (4) civil (5) undetectable.

(Cases in which investigations are refused at any

stage come under this head) and that if you want

to oppose this report, you will have to do so before

the above Magistrate within a week from the date

of receipt of this notice.

Police Station …......................................................

Date…. ………….

Signature of Police Officer.

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Sikkim Police Manual

388

Form No. 141 (contd.)

DUPLICATE

NOTICE TO THE COMPLAINANTS

Police Station …………………………. ToNo……………………………………..

……………………………………….

FIR No. ……………………………….

Section of law ……………………….. Please take notice that your complaint

under section ............................ I.P.C. has been

Process Register No. ………………… reported to the .......................... class Magistrate

On whom served ……………………. of .............................................. duly charged / to be

Date of service ……………………… (1) false (2) non-cognizable (3) mistake of law (4) civil (5) undetectable (cases in which investigations are refused at any stage come under this head) and that if you want to oppose this reportHow the case …………………… you will have to do so before the abovedisposed of Magistrate within a week from the date of receipt of this notice.

Date of dispatch to ………………….. Station :the Magistrate Date :

Signature of Police Officer Signature of Police Officer

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Volume III

389

Form

No.

142

C

hapt

er-3

1, P

rose

cutio

n of

Cas

es

Ref

. Reg

ulat

ion

31.4

(3)

(c)

GE

NE

RA

L R

EG

IST

ER

OF

EX

HIB

ITS

Rec

ord

show

ing

case

pro

pert

ies

rece

ived

in th

e C

ourt

Mal

khan

a du

ring

the

mon

th o

f …

……

……

……

……

……

……

……

.. 20

……

..

Serial No.

Dat

e of

re

ceip

t

Nam

e of

ow

ner

and

addr

ess

P.S.

Cas

e N

o.

Rec

eive

r’s

Initi

als

Ord

er

and

its

date

Dat

e of

re

turn

to

the

owne

r an

d si

gnat

ure

of th

e ow

ner

Prop

erty

sol

dB

ank

rece

ipt

No.

and

da

te o

f m

oney

de

posi

ted

Rem

arks

Des

crip

tion

of p

rope

rty

Cas

hD

ate

of

sale

&

nam

e of

pu

rcha

ser

Val

ue

Rs.

nP.

Rs.

nP.

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Sikkim Police Manual

390

Form

No.

143

C

hapt

er-3

1, P

rose

cutio

n of

Cas

es

Ref

. Reg

ulat

ion

31.4

(3)

(d)

GE

NE

RA

L R

EG

IST

ER

OF

CA

SES

CO

GN

IZA

BL

E B

Y T

HE

PO

LIC

E

Serial Number for the year

Polic

e-st

atio

n

Polic

e-st

atio

n nu

mbe

r

Firs

t Inf

orm

atio

n of

Cas

e

Nam

e of

pa

rtie

s co

ncer

ned

Dat

e of

Fi

nal

Rep

ort

rece

ived

by

the

Mag

ist-

rate

Res

ult o

f Po

lice

Inve

stig

atio

nO

rder

Pas

sed

with

D

ate

Rem

arks

Dat

e of

Cri

me

esta

blis

h-

ed b

efor

e Po

lice

with

se

ctio

n of

law

, et

c.

Show

ing

arre

sts

mad

e,

etc.

Prel

imin

ary

Fina

lO

ccur

-re

nce

Info

r-m

atio

n

Rec

eipt

by

the

Mag

is-

trat

e

Cri

me

as

repo

rted

to

pol

ice,

w

ith

sect

ion

of th

e pe

nal

Cod

e or

oth

er

law

s

12

34

56

78

910

1112

1314

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Volume III

391

Form

No.

144

C

hapt

er-3

1, P

rose

cutio

n of

Cas

es

Ref

. Reg

ulat

ion

31.4

(3)

(f)

MO

NT

HL

Y C

RIM

E S

TA

TIS

TIC

S F

OR

TH

E M

ON

TH

……

……

……

……

……

……

..

Sl.

No.

Hea

d of

Cri

me

Cas

es

regi

ster

ed

duri

ng th

is

mon

th

Cas

es

regi

ster

ed

duri

ng la

st

mon

th

No.

of

case

s di

spos

ed b

y th

e po

lice

duri

ng th

e m

onth

No.

of

case

s di

spos

ed b

y th

e C

ourt

du

ring

the

mon

th

No.

of

char

ge

shee

ts la

id N

o. o

f Fi

nal

repo

rts

No.

of

case

s re

sulti

ng in

C

onvi

ctio

n

No.

of

case

s

resu

lting

in

Acq

uitta

l

A.

IPC

CA

SES:

1.M

UR

DE

R:

(Sec

.302

-303

IPC

)

2.A

TT

EM

PT T

O C

OM

MIT

M

UR

DE

R: (

Sec.

307

IPC

)

3.C

UL

PAB

LE

HO

MIC

IDE

: (C

.H)

not a

mou

ntin

g to

mur

der

(Sec

. 304

IPC

)

4.R

APE

: (Se

c. 3

76 I

PC)

5.

KID

NA

PPIN

G/A

BD

UC

TIO

N:

(Sec

. 363

to 3

69 I

PC)

6.D

AC

OIT

Y:

(Sec

395

to 3

98 I

PC)

7.

RO

BB

ER

Y:

(Sec

392

to 3

98 I

PC)

8.B

UR

GL

AR

Y:

(Sec

435

to 3

80 I

PC)

9.T

HE

FT:

(Sec

379

to 3

82 I

PC)

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Sikkim Police Manual

392

Form

No.

144

(co

ntd.

)

10.

HU

RT

11.

MO

LE

STA

TIO

N

12.

UN

LA

WFU

L A

SSE

MB

LY

:(S

ec 1

43 to

145

IPC

)

13.

RIO

TS:

(Se

c 14

6 to

149

IPC

)

14.

OFF

EN

CE

S A

GA

INST

ST

AT

E:

(Sec

121

, 121

-A, 1

22,1

23-A

IPC

)

15.

OFF

EN

CE

S PR

OM

OT

ING

E

NM

ITY

:(S

ec 1

53A

,154

-B &

505

IPC

)

16.

CR

IMIN

AL

BR

EA

CH

OF

TR

UST

: (S

ec 4

06 to

409

IPC

)

17.

CH

EA

TIN

G: (

Sec

417

to 4

20 I

PC)

18.

EX

TO

RT

ION

19.

CO

UN

TE

RFE

ITIN

G:

(Sec

231

to 2

63A

& 4

89-A

to 4

89-B

IP

C)

20.

AR

SON

21.

FOR

GE

RY

OF

PASS

POR

T:

(Sec

419

, 420

, 465

, 468

, 471

, 473

&

476

IPC

)

22.

Oth

er I

PC n

ot in

clud

ed a

bove

23.

Prev

entiv

e A

ct

24.

Cru

elty

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husb

and/

rela

tives

25.

Sexu

al h

aras

smen

t

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Volume III

393

Form

No.

144

(co

ntd.

)

26.

Fata

l Acc

iden

ts

27.

Oth

er M

otor

Veh

icle

s A

ccid

ents

TO

TA

L

B.

LO

CA

L A

ND

SPE

CIA

L L

AW

S (L

&SL

) T

OT

AL

Sl.

No.

Loc

al a

nd S

peci

al la

ws

(L&

SL)

1.SA

DA

2.Im

mor

al T

raffi

c (p

reve

ntio

n) A

ct

3.N

on-

FIR

of

C.M

.V. A

ct, 1

988

4.N

on-F

IR o

f 16

9 Po

lice

Act

5.E

ssen

tial C

omm

oditi

es A

ct u

/s 7

6.Fo

reig

ners

Act

7.Pr

even

tion

of A

troc

ities

’Act

, 198

9

TO

TA

L

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Sikkim Police Manual

394

Form No. 145 Chapter-31, Prosecution of Cases Ref. Regulation 31.4 (3)(g)

EXHIBIT MOVEMENT REGISTER

Gr No.(of court)

Name of Court &Date of order for production of exhibits

Police Case no. reference & details of exhibits produced in court with date

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Volume III

395

Form

No.

146

C

hapt

er-3

1, P

rose

cutio

n of

Cas

es

Ref

. Reg

ulat

ion

31.4

(3)

(h)

CA

SES

UN

DE

R P

OL

ICE

AC

T, 2

008

Sl.

No.

P.S.

Cas

e N

o. &

Se

ctio

n of

Law

Nam

e of

the

Acc

used

Per

sons

w

ith F

athe

r’s

nam

e, a

ge a

nd

resi

dent

ial a

ddre

ssT

rial

Cou

rt

Ord

er o

f C

ourt

(i

nclu

ding

pu

nish

men

t aw

arde

d)

with

dat

e

Rem

arks

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Sikkim Police Manual

396

Form

No.

147

C

hapt

er-3

1, P

rose

cutio

n of

Cas

es

Ref

. Reg

ulat

ion

31.4

(3)

( i)

CH

AR

GE

SHE

ET

MO

VE

ME

NT

& C

OP

Y S

UP

PL

Y R

EC

OR

D R

EG

IST

ER

Sl.

No.

P.S.

Cas

e N

o. w

ith

date

& S

ectio

ns o

f L

aw

Cou

rt f

rom

whi

ch fi

le

rece

ived

and

dat

e of

re

ciep

tN

ame

of th

e ac

cuse

d(s)

Tri

al C

ourt

Sign

atur

e of

Cou

rt

Offi

cer

rece

ivin

g co

pies

for

sup

ply

to P

P/A

PP a

nd

accu

sed(

s)

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397

Form No. 148 Chapter-31, Prosecution of Cases Ref. Regulation 31.4 (3)( j)

CHARGESHEET & FINAL REPORT RECEIVED REGISTER

Sl. No. P.S. Case No. and Date C/S or FRT U/S and name of Accused

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Sikkim Police Manual

398

Form No. 149 Chapter-33, Maintenance of Law & Order Ref. Regulation 33.6 (1)

OFFICE OF THE SUPERINTENDENT OF POLICE___________ DISTRICT

Memo No……......………… Date:…….....………

Whereas ………………………….. have applied for a license under section 156(1) Sikkim Police Act, 2008. The following license is granted subject to conditions listed overleaf.

License for Assembly/Procession on the occasion of ………………………u/s 156(1) Sikkim Police Act, 2008.

1. Name & Designation of Licensee: ………………....................................................……………………

2. Period for which license is valid: …………………………….....................……………..............……..

3. Place/area for which license is valid: …………………………..................…………….........................

4. Place & time of commencement: …………………………..................……………..............…...……..

5. Place & time of conclusion: ……………………………..................……………...............……………

6. Route of procession to be given in detail: ……………..................……………..............……....………

7. Place & period of halts if any:………………………..................……………................……………….

8. Kind of music and slogans allowed,

(if any) where it could not be played: ……………..................……………............…………......……..

9. OC/precession: ………………………………………....................……………...........………………..

10. Remarks: …………………………………………..................…………….............………….........…..

Superintendent of Police

____________ District

Copy to:

1. DIGP/Range2. ADGP/IGP,SB3. DM/East4. SDPO/5. DSP/Traffic6. OC/

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Volume III

399

Form No. 149 (contd.)

CONDITION OF THE LICENCE

1. The license is granted subject to all the provision of Sikkim Police Act, 2008 and subject to strict observance of all the term and conditions of the license.

2. The licensee/organizers of the meeting and members of the assembly generally shall comply with order issued by the officer In-charge of the jurisdiction or Sr. Police Officer or Magistrate with regard to:-

a. Venue of the meeting

b. Volume of the mike or other apparatus used for amplifying sound

c. Any order deemed necessary such as stopping of speeches/slogans of songs etc. which may incite communal disharmony or which fall within the preview of the section 153 (A), 153(B) and 124 (A) IPC.

d. Any order regarding the change in timings that may be necessary for maintenance of public peace and tranquillity.

e. The licensee shall be present throughout the conduct of the assembly/procession and shall be responsible for rendering all assistance to the police in maintaining order at the place of the meeting with all the conditions. This responsibility rest upon the licensee whether they happen to be present or not at any particular time of place during the course of meeting.

f. The license shall be produced, shown or surrendered on demand by the police officer of or above the rank of officer in charge of the police station or Magistrate and is liable to be cancelled in the event of any apprehension of the Breach of peace or violation of any of the conditions which will also further render the licensee, organizer and members of the Assembly for such action as is provided in the law.

Special conditions (if any)………………………….

I/We, the undersigned have received this license and undertake to abide by conditions laid above.

Signature of licensee…………………………….

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Sikkim Police Manual

400

Form No. 150 Chapter-36, Unnatural Deaths Ref. Regulation 36.2 (1)

FIRST INFORMATION OF A REPORTED CASE OF UNNATURAL DEATH UNDER SECTION 174, CR. P.C.

1. Station, Number, Date and hour of information :

2. Name and residence of the informant :

3. Name, age and residence of the deceased :

4. Date and hour of death and how caused :

5. Place where corpse lies, with distance and direction from Police Station :

6. Steps taken by the Officer-In-Charge :

Date and Hour of Despatch of First Information

Officer-In-Charge of Police Station

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401

Form No. 151 Chapter-36, Unnatural Deaths Ref. Regulation 36.3(1)

SUMMONS TO WITNESSES

SUMMONS TO WITNESSES IN C/W INVESTIGATION UNDER SECTION 174, CR. P.C.

No.......................................... Dated.................................

To ………………………………………………… ………………………………………………… ……………………………………...………….

You are hereby summoned personally to attend on the……………day of………………

at ……… hrs at ……………………..(place) for the purpose of an investigation relating

to the death of ………………………………………… and further to do and execute

such other matters and things as shall be then and there given you in charge, and not to

depart thence without leave.

Station House Officer

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Sikkim Police Manual

402

Form No. 152 Chapter-36, Unnatural Deaths Ref. Regulation 36.4(1)

INQUEST FORM

(Section 174 Cr.P.C.)

1. District……….......…… Police Station …………......……… Date & time …........….………

2. FIR/UD No………........………… GD No……………………......……. Date………….....….….………

3. (a) Distance from P.S. (in kms)………………….....................………………………………..………….

(b) Place where dead body found …………………….....................……………………………..……….

(c) Dead body found/traced Date ……………………...........………. time……..…........…..…………

4. Informant’s particulars Name ………………....…………………………Age …......…..................…

Sex …….........…. Address…………………...........………………………………………..……..……..

5. Dead body identified by Name …………….....……………......………Age …….........................…

Sex ………............ Relation if any ………...............……………………………………………………..

Address ……………………………………….......................………………………………….…………

6. Name & address of the deceased: Name ……….......................………………………………….……….

Sex ……....…… Age (approx)…....…………. Address …………………..............…………………….

7. Position of dead body …………......................………….........................................…………….………..

8. Description of dead body: Built ……….........................…………… …..Height ……............……

Rigor Mortis ……………… Complexion…………………........................………………………..…

……………………………. Deformities if any …………........................………………………..….

……………………………. Religion/race/community……........................……………………..…..

9. Identification marks:………………………........................…………………………………….…………

Teeth………...............……….. Eyes …………..........……….. Lacederma ………………….……........

Mole……………………………………………….. Tattoo ……........................…………….……….….

Dress/wearing apparel …………………….........................………………………………………………

Other features if any …………………………........................……………………………………………

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Volume III

403

Form No. 152 (Contd.)

10. Description of external injuries found n dead body, if any (use separate sheet if needed)

(a) Head ……………………………………......... (b) Face ……………............…………………….

(c) Neck ………………………………….......….. (d) Chest ………………............…………..……..

(e) Stomach …………………………….......……. (f) Shoulder ………………….............…….…….

(g) Right hand ………………………….......……. (h) Left hand ………………..............……………

(i) Right leg …………………………........……… (j) Left leg …………………..............….……...…

(k) Private parts ………………………..........……. (l) Back ……………...…..............……………….

(m) Any other injury ……………………………………………........................……...…………………

12. Opinion on the nature of weapon used and manner in which injuries may have been caused/inflicted

…………………………………........................................................……………………………………

13. If death by hanging/strangulation, description of ligature mark, rope and knot around the neck ….....…

……………………………………………....................................................……………………….…...

14. Any foreign material such as weeds, straw, hair etc/ clinched in the hand of the deceased or attached

on any part of the body ………….............................................................……………………………….

15. Description of place of occurrence ………...........................……………………………………………..

16. Description of articles at the place of occurrence including weapon of offence, ornaments etc. ..............

…………………………………………………………………....................................................……….

17. Opinion as to the probable cause of death ……………………………...........................……...…………

18. Remarks (comments on the condition of the body, and other relevant information on crime) …......……

………………………………………………......................................................……………..………….

19. Witnesses’ name and address Witnesses’ signature

(i) ……………………………. …………………………..........................…………..

(ii) …………………………… ……………………..........................………………..

Brief facts (attach separate sheet if needed)

Signature of Investigating Officer

Rank ………..................…….…………….

Name ………….......……..........…………..

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Sikkim Police Manual

404

Form No. 153 Chapter- 36, Unnatural Deaths Ref. Regulation 36.4 (7)

REPORT OF DEATH TO THE EXECUTIVE AUTHORITY/ MUNICIPALITY/PANCHAYAT

Name of Police Station ………………........……….. Date……...........….....……………

1. Name of the deceased person (in full) ……………………...............................……………………....….

2. Father’s/husband’s name ………………………………………...............................……………....…….

3. Sex …………...........……. 4. Age/date of birth ……….....……… 5. Religion ….........…..…….. 6. Caste ……………............. 7. Nationality………………………...……...........…………....……….

8. Usual residence address ……………..................................……………………………………........

(village, road, building, P.S.) ………………………..............................………………………....………

9. Place of death …………………………………..............................…………………………….....…….. 10. Cause of death …………………………………..............................…………………………….....……

11. Disease & duration of disease …………………..............................…………………………….....……

12. Single/married/widow ………………………...............................……………………………....………

13. Rank, profession, occupation …………………...............................…………………………....……… (or family occupation) of the deceased

14. Corpse whether buried or burnt …………...............................…………………………………....…….

15. Name of the burial/burning ground ………...............................…………………………………....……

16. Any other relevant information ……………...............................………………………………....……..

Forwarded to:

Signature & seal of SHO

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Volume III

405

Form No. 154A Chapter- 36, Unnatural Deaths Ref. Regulation 36.8(5)

REQUEST FOR POST MORTEM EXAMINATION

Name of Police Station …………....……………

No. …………………………………. Date ………………………….

To

………………………………

………………………………

Sir,

1. You are requested to hold a post mortem examination on the body of .........................………………

……………………................................................................................……… sent herewith through

Head Constable / Constable No………..….. Shri/Smt ………………………………………………..

Please furnish your report on the prescribed form.

2. It is to be particularly noted that the examination should extend to every part of the body.

Yours faithfully,

Station House Officer

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Sikkim Police Manual

406

Form No. 154B Chapter- 36, Unnatural Deaths Ref. Regulation 36.8(5)

CHALLAN FOR USE WHEN A DEAD BODY IS SENT FOR POST MORTEM EXAMINATION

1. Name of the deceased ………………………………………………….........................…….....………...

2. Sex ……………............…… (3) Age ……........…………… (4) Caste ………..........…………..

5. Address …………………………………………........................………………….……….....………….

6. Where the body was found ……………………........................………………….……….....…………...

7. (a) Date of despatch ………………….......……… (b) Hour of despatch ……..................….....………..

8. Distance from the place of post mortem ………...............................…………………………….....……

9. Mode of despatch …………………………………….............................………………………......……

10. Name of identifying police officer under whose charge the dead body is sent together with those of.......

bearers and others accompanying it …………………...................................................................……....

11. Marks on the body ……………………………..........................……………………………….....….…..

12. Cause of death as far as known …………………..........................……………………………......……..

13. Description of clothes and other articles sent with the corpse ………..........................………….......…..

14. Receipt of the dead body in the hospital by the M.O. Date ….....................……. Hour ……...........……

15. Remarks ………………………………………...........................…………………………………......….

Signature & seal of SHO

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Volume III

407

Form No.160 Chapter-51, General Administrative Instructions & Correspondence Ref. Regulation 51.33 (2)

SIKKIM POLICE

FORM OF CONFIDENTIAL REPORT FOR CONSTABLE/LNK/NK/HC OF POLICE

Report for the financial year ………………………………………………………

Part I – PERSONAL PARTICULARS

1. Name of Official ……………………………......................…………………………………………….

2. Date of birth …………..................................................................................................................………

3. Rank & No. …………………………….............................................................................……………..

4. Date of continuous appointment to the present grade viz …………….....................…………………...

5. Home Address ……………………………….....................…………………………………………….

6. Place of posting ………........................................................................................................……………

7. Date of posting ……………………….......................................................................................………..

8. Training undergone, if any …………......................…………………………………………………….

9. Period of absence on leave/nature of leave ………….....................………………………………….....

PART: II – ATTRIBUTES(To be filled by the reporting officer)

1. Turn-out & Cleanliness:

2. Punctuality and Regularity:

3. Amenability to discipline and ability to enforce:

4. Intelligence and knowledge:

5. Quality of work (including team work):

6. Conduct towards superior, colleagues and subordinates:

7. Conduct towards public, women and weaker sections:

8. Ability to read / write:

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Form 160 (contd..)

Part III-GENERAL

1. State of Health (Physical & Mental) :

2. Rewards granted, if any :

3. Punishments awarded, if any :

4. Integrity :

5. Special aptitude /ability :

6. General remarks on personality/performance :

Part IV - GRADING

(Outstanding/Very good/Good/Average/Below Average)(An Officer should not be graded Outstanding unless exceptional qualities and performance have been noticed; grounds for giving such a grading should be clearly brought out)

Signature of the Reporting Officer : Name in Block Letters : Designation : Date :

Part V - Remarks by Reviewing Officer

1. Length of service under reviewing Officer:

2. Do you agree with remarks of the reporting officer? If not, indicate the extent of your disagreement. If you wish to add anything specific with regard to the work and conduct of the official over and above the remarks of the reporting officer, please mention them. You may also put up your views here.

Signature of the Reporting Officer : Name in Block Letters : Designation : Date :

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Form No. 161 Chapter-51, General Administrative Instructions & Correspondence Ref. Regulation 51.33 (2)

SIKKIM POLICE

FORM OF CONFIDENTIAL REPORT OF ASI / SI OF POLICE

Report for the financial year …………...............………….

Part I – Personal data (To be filled by the Administrative Department)

1. Name of Official ………………………………………………………………….............………...

2. Date of birth …………………………… Educational Qualification …………….............………...

3. Date of continuous appointment to the present grade ………………………….............…………...

4. Home address………………………………………………………………………………. ………

…………………………………………………………………………………........................……

5. Place of posting…………………………………………………………………………….. ………

…………………………………………………………………………………........................……

6. Date of posting …………………………………………………………………............…………..

7. Particulars of training undergone and period …………………………………............……………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

……………………………………………………………………………....................................…

8. Period of absence from duty on leave/nature of leave …………………….............………………..

………………………………………………………………………………............………………

Part II – A brief Statement of the work entrusted and performed by the official during the year under report(To be filled by the reporting officer)

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Form 161 (contd.)

Part III – Assessment by the Reporting Officer

A. QUALITY OF WORK

1. Knowledge in sphere of work (in police duties, rules, law related subjects) :

2. Standard of investigation including time taken :

3. Knowledge of Crimes, Criminals and Ability to control :

4. Ability to deal with law and order situations :

5. Ability to collect intelligence :

6. Inspections /Tours :

7. Punctuality and regularity :

8. Quality of performance (adequacy, standard, dedication) :

B. ATTRIBUTES

1. Initiatives, Drive and Resourcefulness :

2. Willingness to assume responsibility :

3. Ability to motivate guide and form teamwork :

4. Amenability to discipline and ability to enforce :

5. Decision making ability :

6. Communication skills-oral and written :

7. Conduct towards superiors, colleagues and subordinates :

8. Conduct towards public, women and weaker sections :

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Form 161 (contd.)

C. GENERAL

1. State of Health (Physical and mental)

2. Has the official been reprimanded for indifferent work or for other cause during the period under report? If so, please give particulars.

3. Has the official done any outstanding or notable work meriting commendation ?

Briefly mention them.

4. Integrity

5. General assessment regarding personality, performance, conduct.

D. GRADING (Outstanding/Very good/Good/Average/Below Average)

(An Officer should not be graded Outstanding unless exceptional qualities and performance have been noticed; grounds for giving such a grading should be clearly brought out)

Signature of the Reporting Officer : Name in Block Letter : Designation : Date :

PART - IV : Remarks by the Reviewing Officer

1. Length of service under reviewing Officer:

2. Do you agree with remarks of the reporting officer? If not, indicate the extent of your disagreement. If you wish to add anything specific with regard to the work and conduct of the official over and above the remarks of the reporting officer, please mention them. You may also put up your views here.

Signature of the Reporting Officer : Name in Block Letter : Designation : Date :

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Form No. 162 Chapter-51, General Administrative Instructions & Correspondence Ref. Regulation 51.33 (2)

SIKKIM POLICE

FORM OF CONFIDENTIAL REPORT ON GROUP B & A POLICE OFFICIAL

Report for the financial year ……………………………………………................................………………

Part I – Personal data (To be filled by the Administrative Department)

1. Name of Official ……………………………………………….....................................……………

2. Date of birth …………………………… ………………………………...................................……

3. Date of continuous appointment to the present grade viz ……………...................................………

4. Present post and date of appointment thereto……………………………....................................…...

……………………………………………………………………………..................................…..

5. Particulars of training undergone and period ……………………………...................................…...

…………………………………………………………………………….…...……………………………………………………………………………...................................................................….

6. Period of absence on leave/nature of leave…………………………………... ………..………………………………………....................................................................................................................

7. Date of submission of Annual Property Return …………………………...................................…...

Part II – A brief Statement of the work entrusted and performed by the official during the year under report(To be filled by the Officer Reported Upon)

Part III – Assessment by the Reporting Officer

A. QUALITY OF WORK 1. Knowledge in sphere of work (in police duties, rules, law related subjects) 2. Standard of investigation including time taken 3. Knowledge of Crimes, Criminals and Ability to control 4. Ability to deal with law and order situations 5. Ability to collect intelligence 6. Inspections /Tours 7. Quality of performance (adequacy, standard, punctuality, dedication)

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Form (162 contd.)

B. ATTRIBUTES 1. Initiatives, Drive and Resourcefulness 2. Willingness to assume responsibility 3. Ability to motivate guide and form teamwork 4. Amenability to discipline and ability to enforce 5. Decision making ability 6. Communication skills-oral and written 7. Conduct towards superiors, colleagues and subordinates 8. Conduct towards public, women and weaker sections

C. APTITUDE AND POTENTIAL (Please indicate three fields of work from amongst the following for possible specialization and career development of the officer)

(i) General administration: (ii) Training: (iii) Law and order: (iv) Intelligence and VIP Security: (v) Vigilance /Anti –Corruption: (vi) Investigation of Crime: (vii) Para Military /Armed Police: (viii) Special units/Technical services like Communication, Computers, Fire Services etc. (ix) Others.

D. Inter-personal relations and teamwork. (Please comment of quality of relationship with superiors, colleagues and subordinates, on his/her

capacity to work as a member of a team and promote team spirit and optimize the output of the team)

E. Relations with the public. (Please comment on the Officer’s accessibility to the public and responsiveness to their needs)

F. State of Health

G. Integrity

H. General Assessment

I. GRADING(Outstanding/Very good/Good/Average/Below Average)(An Officer should not be graded Outstanding unless exceptional qualities and performance have been noticed; grounds for giving such a grading should be clearly brought out)

Signature of the Reporting Officer: Name in Block Letters: Designation: Date

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Form 162 (contd.)

Part IV – Remarks by the Reviewing Officer

1. Length of service under Reviewing Officer.

2. Do you agree with the remarks of the reporting officer? If not, indicate the extent of your disagreement. If you wish to add anything specific with regard to the work and conduct of the official over and above the remarks of the reporting officer, please mention them. You may also sum up your view here.

3. Grading (Outstanding/Very good/Good/Average/Below Average) (An Officer should not be graded Outstanding unless exceptional qualities and performance have

been noticed; grounds for giving such a grading should be clearly brought out)

Signature of the Reviewing Officer: Name in Block Letters: Designation: Date:

Part IV – Countersigned by the next higher authority with remarks, if any.

Signature of the Countersigning Officer: Name in Block Letters: Designation: Date:

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Form No. 163 Chapter – 53, Police Welfare, Grievance etc. Ref. Regulation 53.5 (7)(c)

FORM OF APPLICATION OR GRANT OF LOAN FROM THE POLICE WELARE FUND.

1. Name (in block letters) ………………………………………........................

2. Designation ………………………………………........................

3. Station where posted ………………………………………........................

4. Date of appointment …………………………………........................……

5. Scale and Pay …………………………………........................……

6. Amount of advance required …………………………………........................……

7. Number of installment in which the advance is proposed to be repaid ……………….........………

…………………………………………………..........................................................................…..

8. Purpose for which advance is required ………………………………................................…..……

9. Whether for similar purpose was obtained previously and if so,…………………………..….……

……………………………………………………............................................................................

10. (a) Date of drawal of the advance………………………................................………...……………

(b) The amount of advance still outstanding……………...............................………...……………

D E C L A R A T I O N

I certify that the information given by me above is complete and true to the best of my knowledge. I authorize

the D.D.O. to deduct the loan installment regularly from my pay bill in the month after the loan is disbursed.

Station : ………………………

Date : ……………………… Signature of applicant

Note: Application for loan should be supported by a requisite certificate recommended by the Head of Office giving full justification for the loan.

A non gazetted police personnel who has not put in two years of service from the date of subscription to the fund shall not eligible for the loan.

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Form No. 164 Chapter-55, Rewards Ref. Regulation 55.3

COMMENDATION CERTIFICATE

This certificate is awarded to...............................................(rank), ...................................................

(name), .................................................... (unit) for his commendable performance in/at/on the occasion of

.............................................on .......................................... (date).

Dated: .................................. ( )Name & Designation

of the Authority

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Form No. 165 Chapter – 56, Departmental action, punishment & appeal Ref. Regulation 56.11(4)

ORDER OF SUSPENSION(pending disciplinary proceedings or during investigation/inquiry/trial in a criminal case)

OFFICE OF THE ………………………SIKKIM POLICE

GOVERNMENT OF SIKKIM

No. …………………………. Dated …………………….

ORDER

WHEREAS a disciplinary proceeding against (number, name and rank) …................................… is

contemplated/pending;

OR

WHEREAS a case against (number, name and rank) ….......................................…. in respect of a criminal

offence is under investigation/inquiry/trial;

NOW, THEREFORE, the undersigned, in exercise of the powers conferred by sub-rule (1) of rule 10 of the

Sikkim Police Force (Discipline & Appeal) Rules, 1989, hereby places the said (number, name and rank)

….....................................…. under suspension with immediate effect.

It is further ordered that during the period that this order shall remain in force the headquarters of (number,

name and rank) …....................…. shall be (name of the place) …..............................… and the said (number,

name and rank) …............................…. shall not leave the headquarters without obtaining the previous

permission of the undersigned.

Signature

Name and designation

Copy to: 1. (number, name and rank of the suspended officer) …...........................…. Orders regarding subsistence

allowance admissible to him/her during the period of suspension will issue separately.2. ……............….. (immediate superior officer of the officer ordering suspension).3. Accounts section of the suspended officer.4. Pay & Accounts office concerned.5. Officer-in-Charge of State Armoury6. Personal file of the suspended officer7. Guard file.

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Form No. 166 Chapter – 56, Departmental action, Punishment & Appeal Ref. Regulation 56.11(4)

ORDER OF SUSPENSION(when suspension is ordered in view of detention of a police officer for a period of 48 hours or more)

OFFICE OF THE ………………………SIKKIM POLICE

GOVERNMENT OF SIKKIM

No. …………………………. Dated …………………….

ORDER

WHEREAS a case against (number, name and rank) ….................................…. in respect of a criminal

offence is under investigation;

AND WHEREAS the said (number, name and rank) …..............…. was detained in custody on (date) ……..…. and the period of custody exceeded forty-eight hours;

NOW, THEREFORE, the said (number, name and rank) …............…. is deemed to have been placed under suspension with effect from the date of detention, that is (date of detention) …...…… in terms of sub-rule (2) of rule 10 of Sikkim Police Force (Discipline & Appeal) Rules, 1989, and he shall remain under suspension until further orders.

It is further ordered that on being released from custody during the period that this order shall remain in force the headquarters of (number, name and rank) ……..........… shall, unless otherwise ordered by a Court of law, be (name of the place) ….........… and the said (number, name and rank) …............…. shall not leave the headquarters without obtaining the previous permission of the undersigned.

Signature Name and designation

Copy to:1. (number, name and rank of the suspended officer) ….........…. Orders regarding subsistence allowance

admissible to him/her during the period of suspension will issue separately.

2. ……...........….. (immediate superior officer of the officer ordering suspension).

3. Accounts section of the suspended officer.

4. Pay & Accounts office concerned.

5. Officer-in-Charge of State Armoury

6. Personal file of the suspended officer

7. Guard file.

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Form No. 167 Chapter – 56, Departmental action, Punishment & Appeal Ref. Regulation 56.15(7)

ORDER OF REVOCATION OF SUSPENSION

OFFICE OF THE ………………………SIKKIM POLICE

GOVERNMENT OF SIKKIM

No. …………………………. Dated …………………….

ORDER

WHEREAS an order placing (number, name and rank) …....................................…. under suspension was

made/deemed to have been made vide order No. …….........…… dated …........…….

NOW, THEREFORE, the undersigned, in exercise of the powers conferred by clause (c) of sub-rule (5)

of rule 10 of Sikkim Police Force (Discipline & Appeal) Rules, 1989, hereby revokes the said order of

suspension with immediate effect.

Signature

Name and designation

Copy to:1. (number, name and rank of the suspended officer) ….........…. Orders regarding subsistence allowance

admissible to him/her during the period of suspension will issue separately.2. ……...........….. (immediate superior officer of the officer ordering suspension).3. Accounts section of the suspended officer.4. Pay & Accounts office concerned.5. Officer-in-Charge of State Armoury6. Personal file of the suspended officer7. Guard file.

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Form No. 168 Chapter – 56, Departmental action, Punishment & Appeal Ref. Regulation 56.19 (1)

FORM OF MEMORANDUM CONTAINING CHARGES

OFFICE OF THE ………………………SIKKIM POLICE

GOVERNMENT OF SIKKIM

No. …………………………. Dated …………………….

The undersigned proposes to hold an inquiry against (number, name and rank) ……. Under rule 6/rule 7 of Sikkim Police Force (Discipline & Appeal) Rules, 1989. The substance of the imputation of misconduct or misbehaviour in respect of which the inquiry is proposed to be held is set out in the enclosed statement of articles of charge (Annexure-I). A statement of the imputations of misconduct or misbehaviour in support of each article of charge is enclosed (Annexure-II). A list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained are also enclosed (Annexures III and IV).

2. (number, name and rank) …..........................................…. is directed to submit within 10 days of the receipt of this Memorandum a written statement of his defence and also to state whether he desires to be heard in person.

3. He/She is informed that an inquiry will be held only in respect of those articles of charge as are not admitted. He/She should, therefore, specifically admit or deny each article of charge.

4. (number, name and rank) …..........................................…. is further informed that if he/she does not submit written statement of defence on or before the date specified in para 2 above, or does not appear in person before the Inquiring Authority or otherwise fails or refuses to comply with the provisions of rule 6/rule 7 of the Sikkim Police Force (Discipline & Appeal) Rules, 1989, or orders/directions issued in pursuance of the said rule, the Inquiring Authority may hold the inquiry against him ex-parte.

5. Attention of (number, name and rank) ….............................................…. is invited to rule 21 of the Sikkim Government Servants’ Conduct Rules, 1981, where it is provided that no Government servant shall bring or attempt to bring any political or outside influence to bear upon any superior authority to further his/her interest in respect of matters pertaining to his/her service under the Government. If, therefore, any representation is received on his/her behalf from another person in respect of any matter dealt with in these proceedings, it will be presumed that (number, name and rank) ……. is aware of such a representation and that it has been made at his/her instance, and action will be taken against him/her for violation of rule 21 of the Sikkim Government Servants’ Conduct Rules, 1981.

6. Receipt of this Memorandum should be acknowledged by (number, name and rank) …...................….

Enclosures: SignatureTo (number, name and rank) ……. Name and designation

Copy to:-…………………………….……………………………..

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Form No. 169 Chapter – 56, Departmental action, Punishment & Appeal Ref. Regulation 56.19 (2) (a)

Annexure-I

STATEMENT OF ARTICLES OF CHARGE FRAMED AGAINST SHRI…………………………….

Article-1

That the said Shri/Smt (No., name and rank) ……..............………… while functioning

as ……………........… on ……………….. (date) or during the period ……………. to

…………………. had (state the specific charge)…………………………………….

Article-2

That said Shri/Smt………………..............……………. on the aforesaid date (or during the

aforesaid period) and while functioning in the aforesaid office …………………………….. (state the specific charge)…………………………

Article-3

That said Shri/Smt ………………..................…………. on the aforesaid date (or during the

aforesaid period) and while functioning in the aforesaid office …………………………….. (state the specific charge)……………………………

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Form No. 170 Chapter – 56, Departmental action, Punishment & Appeal Ref. Regulation 56.19 (2) (b)

Annexure-II

STATEMENT OF IMPUTATION OF MISCONDUCT OR MISBEHAVIOUR IN SUPPORT OF THE ARTICLES OF CHARGE FRAMED AGAINST

SHRI …….........................……

Article-1

That the said Shri/Smt (No., name and rank) ……..............………… while functioning

as ……………........… on ……………….. (date) or during the period ……………. to

…………………. (restate the charge as stated in Annexure I and thereafter give details)

Article-2

That said Shri/Smt………………..............……………. on the aforesaid date (or during the

aforesaid period) and while functioning in the aforesaid office …………………………….. (state the specific charge)…………………………

Article-3

That said Shri/Smt ………………..................…………. on the aforesaid date (or during the

aforesaid period) and while functioning in the aforesaid office …………………………….. (state the specific charge)……………………………

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Form No. 171 Chapter – 56, Departmental action, Punishment & Appeal Ref. Regulation 56.19(2) (c)

Annexure-III

LIST OF DOCUMENTS BY WHICH THE ARTICLES OF CHARGE FRAMED AGAINST (Number, Name & Designation) …..............….................

ARE PROPOSED TO BE SUSTAINED.

1. (Indicate the specific documents)

2.

3.

4.

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Form No. 172 Chapter – 56, Departmental action, Punishment & Appeal Ref. Regulation 56.19 (2) (d)

Annexure-IV

LIST OF WITNESSES BY WHOM THE ARTICLES OF CHARGE FRAMED AGAINST (No., Name & Designation) …………...........………

ARE PROPOSED TO BE SUSTAINED.

1. (Give the Name & designation or other identification of the witnesses)

2.

3.

4.

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Form No. 173 Chapter – 56, Departmental action, Punishment & Appeal Ref. Regulation 56.20 (2)

ORDER APPOINTING INQUIRY OFFICER

OFFICE OF THE ………………………SIKKIM POLICE

GOVERNMENT OF SIKKIM

No. …………………………. Dated …………………

ORDER

1. WHEREAS an inquiry under rule 6 or rule 7 of Sikkim Police Force (Discipline & Appeal) R u l e s ,

1989 is being held against (number, rank and name) …………...................……….

2. AND WHEREAS the undersigned considers that an Inquiry Officer should be appointed to inquire into

the charges framed against the said (number, rank and name) …...........................……..

3. NOW, THEREFORE, the undersigned, in exercise of the powers conferred by sub-rule .................. of

the said Rule, hereby appoints (name and designation of the Inquiry Officer) ……………………. as the

Inquiry Officer to inquire into the charges against (number, rank and name) …………………................

Signature Name and designation

Copy to:

1. …………………………………. (Inquiry Officer).

2. ……………………(Police officer against whom the inquiry is being held)

3. File

4. Guard file

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Form No. 174 Chapter – 56, Departmental action, Punishment & Appeal Ref. Regulation 56.20 (2)

ORDER APPOINTING INQUIRY OFFICER IN PLACE OF INQUIRY OFFICER PREVIOUSLY APPOINTED

OFFICE OF THE ………………………SIKKIM POLICE

GOVERNMENT OF SIKKIM

No. …………………………. Dated …………………….

ORDER

1. WHEREAS an inquiry under rule 6 or rule 7 of Sikkim Police Force (Discipline & Appeal) Rules, 1989

is being held against (number, rank and name) ………...........…

2. AND WHEREAS (name and designation of the officer originally appointed as Inquiry Officer)

……………............…. was appointed as Inquiry Officer to inquire into the charges against (number,

rank and name) ……..................…… vide order No…..............… dated …..............…..

3. AND WHEREAS (name and designation of the officer originally appointed as Inquiry Officer)

………………. has since been transferred/is not available to hold the enquiry, and it is necessary to

appoint another officer as Inquiry Officer to inquire into the charges framed against (number, rank and

name) …………

4. NOW, THEREFORE, the undersigned, in exercise of the powers conferred by sub-rule .................. of

the said rule of Sikkim Police Force (Discipline & Appeal) Rules, 1989, hereby appoints (name and

designation of the officer being newly appointed) ….......................….. as Inquiring Officer in the place

of (name and designation of the original Inquiry Officer) ……………….. to inquire into the charges

framed against the said (number, rank and name of the officer facing the inquiry) …..............………

Signature

Name & designation

Copy to:-

1. ………….. (new Inquiry Officer)

2. …………... (previous Inquiry Officer)

3. …………… (officer facing the inquiry)

4. file

5. guard file

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Form No. 175 Chapter – 56, Departmental action, Punishment & Appeal Ref. Regulation 56.21(2)

ORDER APPOINTING PRESENTING OFFICER

OFFICE OF THE ………………………SIKKIM POLICE

GOVERNMENT OF SIKKIM

No. …………………………. Dated …………………….

ORDER

1. WHEREAS an inquiry under rule 6 or rule 7 of Sikkim Police Force (Discipline & Appeal) Rules, 1989

is being held against (number, rank and name) ……........................……

2. AND WHEREAS the Disciplinary Authority has appointed (name of Inquiry Officer) as Inquiry Officer

to inquire into the charges framed against (number, rank and name) …...................………

3. NOW, THEREFORE, the Disciplinary Authority, in exercise of the powers conferred by sub-

rule (.........) of the said Rule, hereby appoints (name and designation of the officer) …………… as

Presenting Officer to present on behalf of the Disciplinary Authority the case in support of the articles

of charge framed against (number, rank and name) …………

Signature Name & designation

Copy to:-

1. ………….. (Inquiry Officer)

2. …………… (officer facing the inquiry)

3. file

4. guard file

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Sikkim Police Manual

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SIKKIM POLICE MANUAL CHAPTERS

Volume I

1. Constitution, Organization, Superintendence & Administration

2. Police Headquarters

3. Headquarters & General Administration Branch

4. State Reserve Lines

5. Motor Transport Sections

6. Guards and Escorts

7. Arms & Explosives

8. Armed Police & Commando Units

9. Home Guards & Civil Defence

10. Planning & Modernisation Branch

11. Training branch

12. Communication & Computer branch

13. Control Room and Co-ordination

14. Intelligence Department (State Special Branch & Security Branch)

15. Checkposts branch

16. District Crime Records Bureau

17. Crime Investigation Department (Crime Branch & SCRB)

18. Finger Prints, Foot Prints and Photographic Cell

19. Forensic Science Laboratory

20. Law & Order Branch

21. Police Range

22. Police District, Sub-Division, Police Stations & Police Outposts

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Volume III

429

Volume II

23. Police Stations, Functions & Management

24. Police Station Records & Registers

25. Registration of Crime & First Information Report

26. Powers and Duties of Investigating Officers to investigate Cognizable and Non-cognizable crime

27. Collection of Evidence

28. Arrest, Custody, Bail, Remand & Search

29. Scientific Aids to Investigation

30. Final Disposal and completion of Investigation

31. Prosecution of Cases

32. Preventive Role of Police

33. Maintenance of Law & Order

34. Handling Communal Situations

35. Terrorism, Bombs & Explosives

36. Unnatural Deaths

37. Traffic Duties

38. Protection of Weaker Sections

39. Economic offences and white collar crime

40. Organized Crime and Police

41. Cyber Crime & Police

42. Crime against Women

43. Drug Trafficking

44. Investigation of other specific offences

45. Foreigners

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Sikkim Police Manual

430

Volume III

46. Personal Management & Manpower Planning

47. Recruitment, Pay & Probation

48. Training of Personnel

49. Transfers & Postings

50. Promotions

51. General Administrative Instructions

52. Financial Management

53. Police Welfare, Grievance Redressal and Sports

54. Conduct and Discipline

55. Rewards

56. Departmental Action, Punishment and Appeal

57. Prosecution by or against Police officers – Legal Assistance

58. Police Public Relations & Community Policing

59. Human Rights and Police responsibilities

60. Disaster Management Duties

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