GOVERNMENT OF HIMACHAL PRADESH HOME DEPARTMENT

Transcription

1 (Authoritative English text of this Department notification No. Home (A) B (2)-4/90-II-Part dated as required under clause (3) of article 348 of the Constitution of India). GOVERNMENT OF HIMACHAL PRADESH HOME DEPARTMENT NOTIFICATION No. Home(A)B(2)-4/90-II Part, Dated Shimla June, 2008 In exercise of powers conferred by sub section (3) of section 46 of the Police Act, 1861 and sub section (2) of section 144 of the Himachal Pradesh Police Act, 2007 (Act No. 17 of 2007) read with Section 20 of Himachal Pradesh General Clauses Act, 1968 (Act No. 24 of 1968) the Governor of Himachal Pradesh is pleased to make the following rules further to amend the Punjab Police Rules, 1934 in their application to the State of Himachal Pradesh, namely:- Short title and commencement: 1. (1) These Rules may be called the Punjab Police (Himachal Pradesh Amendment), Rules, 2008 (2) These rules shall come into force with immediate effect, Substitution of rule In the Punjab Police Rules, 1934 in their application to the State of Himachal Pradesh, (hereinafter referred to as the said rules), - for rule 13.7, the following rules shall be substituted, namely:- 13.7: List B -Selection of candidates for admission to promotion course for constables, at the Police Training College (1) List B (in Form 13.7) shall be maintained by each Superintendent of Police/ Commandant Police Battalions of Himachal Pradesh. It shall include the names 2/-

2 2 of all constables selected for admission to the Promotion Course for constables at the Police Training College. Selection shall be made in the month of August every year generally. However, the Director General of Police shall have discretionary powers to hold these tests once or more than once in a year in case of exigencies keeping in view the vacancy position. The test shall be regulated by a standing order issued by the Director General of Police. All the successful candidates shall be kept in a panel and shall be sent for lower school course on merit basis as per available vacancies. Names shall be entered in the said list in order of their merit as determined by the departmental promotion committee constituted by the Director General of Police on the basis of tests given in Parade, General Law (Indian Penal Code, Code of Criminal Procedure, Indian Evidence Act, Local and Special Laws and Police Rules as per details given below) to test the intelligence of candidates in applying their theoretical knowledge to practical conditions, interview and examination of service records. There shall be two written papers for the test viz. Paper-I comprising of Punjab Police Rules and Practical Police Work and Paper-II comprising of Laws (including Local and Special Laws). The syllabus shall be parade, squad drill, rifle exercises, and traffic and sentry duties, dispersal of crowd. The candidates shall be tested not only in personal performance but also to see their power of command and control over a squad particularly their ability to point out mistakes committed by members of the squad and get those corrected. Written Test Indian Penal Code: Sections 21,22,23,24,27,29,33,34, 52A, 75, 82 to 85, 96,97,100, 103, 109, 114, 141 to 143, 147 to 149, 152, 159, 161,165,165-A, 170, 174, 182, 186, 201,217, 223,224, 279,294, 299, 300, 302, 304, 304A, 307, 309, 317 to 326, 328, 353, 354, 375, 376, 378 to 381, 390, 391, 392, 395, 405, 406, 409 to 411, 415, 420, 441 to 443, 445, 451, 452, 454, 457, 506, 509 and /-

3 3 The Criminal Procedure Code. Sections 1,2(a), (b),(c),(d),(g), (h), (i), (j), (l) (n),(o),(r),(s),(w),(x), 6,11,12,13,20,21,26,27,36, 37, 39, 40, to 43, 45 to 62, 64, to 67, 69, 70, 72, 74 to 80, 82, 83, 88, 89, 94, 97, 98,100, 102,107, 109, 129, 144,149 to 151,154, 160, 165 to 167,174,176, 260,356,436,437,438,457 and 468. The Evidence, Act: Sections 24 to 27 Local & Special Laws: The Himachal Pradesh Sections 4, 64, 65, 77, 78, 87, Police Act, 2007: 88, 89, 92, 93, 94, 108 to 114, 115, 117, 118, 121, 122 and 124. The Indian Arms Act, Sections 25 and 26. The Himachal Pradesh Essential Sections 5 and 7 Service Maintenance Act, The Punjab Excise Act, Sections 47, 61 and 72. The Narcotic Drugs and Sections 18, 20, 31, 36 (A & Psychotropic Substances B) 41, 42, 43, 50, 52, 54, 55 Act, 1985 as amended in & The Immoral Traffic Sections 2 to 9, 13 and 14. (Prevention) Act, The Schedule castes and Sections 2, 3,4,5,7 and 10 Schedule Tribes (Prevention of Atrocities Act), 1989 The Motor Vehicles Sections 177, 183, 184, 185, Act, , 187, 190, 192, 192, (A), 194, 197, 201, 202, and 207. Essential Commodities Sections 3 and 7 Act, 1955: 4/-

4 4 Indian Forest Act 1927: Sections 33, 41, 42, 52, 53 and 55 The Juvenile Justice (Care Sections 10, 12, 15, 16, 18, 29 And Protection of Children) and 33 Act, 2000 The Himachal Pradesh Sections 28, 30, 32, 38, 47, Panchayati Raj Act, 1994: 74, 76, 152, 153,190 and 193. Punjab Police Rules: (i) Organization of Himachal Pradesh Police at State Headquarter, Range Headquarters, district and Police Station (Punjab Police Rule 1.1, 1.2, 1.3, 1.4, 1.6,1.8,1.9,1.10 and 1.13) Armed Police units and their set up. Railway Police and its set up. (ii) Relations between Police and the Magistracy, Panchayats and other Departments (Punjab Police Rules 1.14, 1.15, 1.16, 1.18 and 1.19). (iii) Police behavior towards the Public: Principles of Police conduct and Police man s attitude (Punjab Police Rules 21.1, 14.1, 14.2, 14.4, 14.5, 14.6, 14.7, 14.8, 14.10,14.25,14.26 and 14.30) towards (a) dispute (b) bad character (c) witnesses (d) persons in custody (e) traffic offenders (f) complaints at the Police Stations (g) youth (h) Labour (i) women and children (j) Infirm and destitutes. (iv) Police Administration:- Badges of ranks, issue of uniform (Punjab Police Rules 4.1, 4.3, 4.4, 4.7, 4.8, 4.11, 4.14, 4.16, 4.19, 4.20, 4.21, 4.24, 4.25(I) and (v) Issue of Equipment : (Punjab Police Rules 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.22) (vi) Arms and Ammunition:- (Punjab Police Rules 6.1, 6.4, 6.5, 6.7, 6.10, 6.14, 6.17, 6.19, 6.22 and 6.31). 5/-

5 (vii) 5 Appointments and Enrollment:- (Punjab Police Rules 12.1, 12.3, 12.10, 12.12, 12.14, 12.16, 12.18, 12.21, 12.22, and 12.27) (viii) (ix) Promotions:- Chapter XIII of Punjab Police Rules. Rewards :- Chapter XV of Punjab Police Rules. (x) Discipline, Punishment and Appeals :- (Punjab Police Rules 14.49, 14.50, 14.57, 16.2, 16.6, 16.9, 16.10, 16.21, 16.25, 16.28, 16.29, 16.30, and 16.35) (xi) Housing : (Punjab Police Rules 3.19, 3.20, 3.21, 3.30, & 10.77) (xii) Service Record: (Punjab Police Rules 12.28, 12.29, 12.31, 12.32, 12.34, 12.35, 12.36, & 12.41) (xiii) Miscellaneous Records:- (Punjab Police Rules 10.6, 10.8, 10.14, 10.15, 10.17, 10.32, 10.40, 10.46, 10.65, 10.90, 10.99, , , , 11.1, 11.22) (V) Police Duties: (a) Role and Functions of Police (Section 60,61 and 62 of Himachal Pradesh Police Act, 2007) (b) Prevention of Crime ( Section 67 of Himachal Pradesh Police Act-2007 and Punjab Police Rule 23.4, 23.9, 23.15, 23.16, 23.17, 23.18, and 23.25) (c) Investigation (Punjab Police Rules 25.2, 25.10, 25.12, 25.13, 25.19, 25.20, 25.21, & 25.31) (1) Elementary knowledge of scientific aids to investigation preservation of scene of crime (Punjab Police Rules 25.14, 25.15, 25.26, 25.41, & 25.46). (2) Service of processes. (3) Assistance in raids, searches, seizers, arrests and interrogation. 6/-

6 6 (d) Police Station Routine and Records (Chapter 22 of Punjab Police Rules) (2) All Constables; (a) who have put in five years service from the date of appointment are eligible to take the test. In case the test is not held in the month of August all the candidates who becomes eligible subsequently shall also be eligible to appear in the said test; or. (b) who obtain first position in the Recruits Basic Training Course shall be eligible to appear in the B-I test after completing three years service; or (c) who are on deputation and the Constables serving outside the district/ unit shall also be eligible for consideration subject to fulfillment of other conditions: Provided that no Constable who has been awarded major punishment within a period of three years preceding the first day of August of the year in which such selection is made shall be eligible for admission to that list. Similarly constables with minor punishment shall also not be allowed to take B-I test for six months after the date of award of punishment. The candidates caught cheating or using unfair means shall be disqualified and debarred from taking B-I test for the entire service and departmental enquiry shall be initiated against such candidates. (3) Temporary Constables brought on list B shall be absorbed in the regular Police Establishment in preference to other candidates. (4) No Constable who has failed to qualify in the Promotion Course for Constables shall be re-admitted to List-B unless the Principal of Police Training College for reasons to be recorded in writing by him considers him deserving of another 7/-

7 7 chance and makes him thus eligible. The reasons for doing so shall be communicated by him to the Superintendent of Police concerned. 3. Amendment of form For form 13.7 appended to chapter XIII of the said rules, the following shall be substituted, namely:- District/ Battalion FORM 13.7 PROMOTION LIST B Police Department Date of enrolment Order Book reference ordering entry Name REMARKS No. Year of passing B-I Test Present Place of posting By Order (Dr. P.C. Kapoor) Principal Secretary (Home) to the Government of Himachal Pradesh No. Home (A) B (2)-4/90-II-Part, dated, Shimla-2, Copy for information and necessary action to:- 1. The Secretary to H. E. the Governor, Himachal Pradesh, Shimla The Secretary-cum-Principal Private Secretary to CM, HP, Shimla Private Secretary to Chief Secretary, HP, Shimla Principal Secretary (Home) to the Govt. of HP. 5. Hon ble Lokayukta, Himachal Pradesh, Shimla Chairman, HP Public Service Commission, Shimla The Director General of Police, HP, Shimla All the Addl. DGPs, HP. 8/-

8 8 9. All the Inspector Generals of Police, Himachal Pradesh. 10. All the Deputy Inspector Generals of Police, Himachal Pradesh. 12. All Supdt.s of Police in HP. 13. Asstt. Legal Advisor-cum-Under Secy. (Law), H. P. Govt. 14. Sr. Law Officer-II, Law Department, H.P. Sectt. 15. The Controller, Printing and Stationery, HP, Shimla-5 for the publication in the HP Rajpatra. 16. Guard files. Deputy Secretary (Home) to the Government of Himachal Pradesh.

9 fgekpy izns k ljdkj x`g fohkkx ¼x`g&d vuqhkkx½ la[;k%x`g¼d½[k ¼2½&4@90&11 ikvz ] f keyk&171002] 13 twu] 2008 vf/klwpuk fgekpy izns k ads jkt;iky] fgekpy izns k lk/kj.k [k.m vf/kfu;e] 1968¼1968 dk vf/ku;e la[;ad 24½ dh /kkjk 20 ads lkfk ifbr iqfyl vf/kfu;e] 1861 dh /kkjk 46 dh mi/kkjk¼3½ vksj fgekpy izns k iqfyl vf/kfu;e] 2007¼2007 dk vf/kfu;e la[;kda 17½ dh /kkjk 144 dh mi/kkjk ¼2½}kjk iznrr kfdr;ksa dk iz;ksx djrs gq,] fgekpy izns k jkt; esa ;Fkk ykxw iwatkc iqfyl :Yt[ 1934 dk vksj la kks/ku djus ads fy, fueufyf[kr fu;e cukrs gsa] vfkkzr~ :- laf{kir uke I. ¼1½ bu fu;eks dk laf{kir uke vksj izkjehka iwatkc iqfyl ¼ fgekpy izns k la kks/ku½ fu;e]2008 gsa ¼2½ ;s fu;e rqjur izhkko ls izo`r gksaxsaa A :Yt 13.7 dk 2. fgekpy izns k jkt; ads ykxw izfrlfkkiu iwatkc iqfyl :Yt] 1934 ¼ftUgsa blds i pkr~~ mdr fu;e dgk x;k gs½ esa :Yt 13.7 ads LFkku ij fueufyf[kr j[kk tk,xk] vfkkzr :- 13.7: List B -Selection of candidates for admission to promotion course for constables, at the Police Training College (1) List B (in Form 13.7) shall be maintained by each Superintendent of Police/ Commandant Police Battalions of Himachal Pradesh. It shall include the names of all constables selected for admission to the Promotion Course for constables at the Police Training College. Selection shall be made in the month of August every year generally. However, the Director General of Police shall have discretionary powers to hold these tests once or more than once in a year in case of exigencies keeping in view the vacancy position. The test shall be regulated by a standing order issued by the Director General of Police. All the successful candidates shall be kept in a panel and shall be sent for lower school course on merit basis as per available vacancies. Names shall be entered in the said list in order of their merit as determined by the departmental 2/-

10 2 promotion committee constituted by the Director General of Police on the basis of tests given in Parade, General Law (Indian Penal Code, Code of Criminal Procedure, Indian Evidence Act, Local and Special Laws and Police Rules as per details given below) to test the intelligence of candidates in applying their theoretical knowledge to practical conditions, interview and examination of service records. There shall be two written papers for the test viz. Paper-I comprising of Punjab Police Rules and Practical Police Work and Paper-II comprising of Laws (including Local and Special Laws). The syllabus shall be parade, squad drill, rifle exercises, and traffic and sentry duties, dispersal of crowd. The candidates shall be tested not only in personal performance but also to see their power of command and control over a squad particularly their ability to point out mistakes committed by members of the squad and get those corrected. Written Test Indian Penal Code: Sections 21,22,23,24,27,29,33,34, 52A, 75, 82 to 85, 96,97,100, 103, 109, 114, 141 to 143, 147 to 149, 152, 159, 161,165,165-A, 170, 174, 182, 186, 201,217, 223,224, 279,294, 299, 300, 302, 304, 304A, 307, 309, 317 to 326, 328, 353, 354, 375, 376, 378 to 381, 390, 391, 392, 395, 405, 406, 409 to 411, 415, 420, 441 to 443, 445, 451, 452, 454, 457, 506, 509 and 511. The Criminal Procedure Code. Sections 1,2(a), (b),(c),(d),(g), (h), (i), (j), (l) (n),(o),(r),(s),(w),(x), 6,11,12,13,20,21,26,27,36, 37, 39, 40, to 43, 45 to 62, 64, to 67, 69, 70, 72, 74 to 80, 82, 83, 88, 89, 94, 97, 98,100, 102,107, 109, 129, 144,149 to 151,154, 160, 165 to 167,174,176, 260,356,436,437,438,457 and /-

11 3 The Evidence, Act: Sections 24 to 27 Local & Special Laws: The Himachal Pradesh Sections 4, 64, 65, 77, 78, 87, Police Act, 2007: 88, 89, 92, 93, 94, 108 to 114, 115, 117, 118, 121, 122 and 124. The Indian Arms Act, Sections 25 and 26. The Himachal Pradesh Essential Sections 5 and 7 Service Maintenance Act, The Punjab Excise Act, Sections 47, 61 and 72. The Narcotic Drugs and Sections 18, 20, 31, 36 (A & Psychotropic Substances B) 41, 42, 43, 50, 52, 54, 55 Act, 1985 as amended in & The Immoral Traffic Sections 2 to 9, 13 and 14. (Prevention) Act, The Schedule castes and Sections 2, 3,4,5,7 and 10 Schedule Tribes (Prevention of Atrocities Act), 1989 The Motor Vehicles Sections 177, 183, 184, 185, Act, , 187, 190, 192, 192, (A), 194, 197, 201, 202, and 207. Essential Commodities Sections 3 and 7 Act, 1955: Indian Forest Act 1927: Sections 33, 41, 42, 52, 53 and 55 The Juvenile Justice (Care Sections 10, 12, 15, 16, 18, 29 And Protection of Children) and 33 Act, 2000 The Himachal Pradesh Sections 28, 30, 32, 38, 47, Panchayati Raj Act, 1994: 74, 76, 152, 153,190 and /-

12 4 Punjab Police Rules: (i) Organization of Himachal Pradesh Police at State Headquarter, Range Headquarters, district and Police Station (Punjab Police Rule 1.1, 1.2, 1.3, 1.4, 1.6,1.8,1.9,1.10 and 1.13) Armed Police units and their set up. Railway Police and its set up. (xiv) Relations between Police and the Magistracy, Panchayats and other Departments (Punjab Police Rules 1.14, 1.15, 1.16, 1.18 and 1.19). (xv) Police behavior towards the Public: Principles of Police conduct and Police man s attitude (Punjab Police Rules 21.1, 14.1, 14.2, 14.4, 14.5, 14.6, 14.7, 14.8, 14.10,14.25,14.26 and 14.30) towards (a) dispute (b) bad character (c) witnesses (d) persons in custody (e) traffic offenders (f) complaints at the Police Stations (g) youth (h) Labour (i) women and children (j) Infirm and destitutes. (xvi) Police Administration:- Badges of ranks, issue of uniform (Punjab Police Rules 4.1, 4.3, 4.4, 4.7, 4.8, 4.11, 4.14, 4.16, 4.19, 4.20, 4.21, 4.24, 4.25(I) and (xvii) Issue of Equipment : (Punjab Police Rules 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.22) (xviii) Arms and Ammunition:- (Punjab Police Rules 6.1, 6.4, 6.5, 6.7, 6.10, 6.14, 6.17, 6.19, 6.22 and 6.31). (xix) Appointments and Enrollment:- (Punjab Police Rules 12.1, 12.3, 12.10, 12.12, 12.14, 12.16, 12.18, 12.21, 12.22, and 12.27) (xx) Promotions:- Chapter XIII of Punjab Police Rules. (xxi) Rewards :- Chapter XV of Punjab Police Rules. (xxii) Discipline, Punishment and Appeals :- (Punjab Police Rules 14.49, 14.50, 14.57, 16.2, 16.6, 16.9, 16.10, 16.21, 16.25, 16.28, 16.29, 16.30, and 16.35) 5/-

13 5 (xxiii) Housing : (Punjab Police Rules 3.19, 3.20, 3.21, 3.30, & 10.77) (xxiv) Service Record: (Punjab Police Rules 12.28, 12.29, 12.31, 12.32, 12.34, 12.35, 12.36, & 12.41) (xxv) Miscellaneous Records:- (Punjab Police Rules 10.6, 10.8, 10.14, 10.15, 10.17, 10.32, 10.40, 10.46, 10.65, 10.90, 10.99, , , , 11.1, 11.22) (V) Police Duties: (e) Role and Functions of Police (Section 60,61 and 62 of Himachal Pradesh Police Act, 2007) (f) Prevention of Crime ( Section 67 of Himachal Pradesh Police Act-2007 and Punjab Police Rule 23.4, 23.9, 23.15, 23.16, 23.17, 23.18, and 23.25) (g) Investigation (Punjab Police Rules 25.2, 25.10, 25.12, 25.13, 25.19, 25.20, 25.21, & 25.31) (1) Elementary knowledge of scientific aids to investigation preservation of scene of crime (Punjab Police Rules 25.14, 25.15, 25.26, 25.41, & 25.46). (2) Service of processes. (3) Assistance in raids, searches, seizers, arrests and interrogation. (h) Police Station Routine and Records (Chapter 22 of Punjab Police Rules) (3) All Constables; (a) who have put in five years service from the date of appointment are eligible to take the test. In case the test is not held in the month of August all the candidates who becomes eligible subsequently shall also be eligible to appear in the said test; or. 6/-

14 6 (b) who obtain first position in the Recruits Basic Training Course shall be eligible to appear in the B-I test after completing three years service; or (c) who are on deputation and the Constables serving outside the district/ unit shall also be eligible for consideration subject to fulfillment of other conditions: Provided that no Constable who has been awarded major punishment within a period of three years preceding the first day of August of the year in which such selection is made shall be eligible for admission to that list. Similarly constables with minor punishment shall also not be allowed to take B-I test for six months after the date of award of punishment. The candidates caught cheating or using unfair means shall be disqualified and debarred from taking B-I test for the entire service and departmental enquiry shall be initiated against such candidates. (3) Temporary Constables brought on list B shall be absorbed in the regular Police Establishment in preference to other candidates. (4) No Constable who has failed to qualify in the Promotion Course for Constables shall be re-admitted to List-B unless the Principal of Police Training College for reasons to be recorded in writing by him considers him deserving of another chance and makes him thus eligible. The reasons for doing so shall be communicated by him to the Superintendent of Police concerned. 7/-

15 3. Amendment of form For form 13.7 appended to chapter XIII of the said rules, the following shall be substituted, namely:- FORM 13.7 District/ Battalion PROMOTION LIST B Police Department Date of enrolment Order Book reference ordering entry Name REMARKS No. Year of passing B-I Test Present Place of posting vkns k }kjk] (Mk0ih0lh0diqj) iz/kku lfpo ¼x`g½ fgekpy izns k ljdkja la[;k%x`g¼d½[k ¼2½&4@90&11 ikvz rkfj[k f keyk&2] 13 twu] lfpo] jkt;iky] fgekpy izns ka 2- lfpo,oa iz/kku futh lfpo] ekuuh; eq[;eu=h]fgekpy Ikzzns k ljdkj f keyk-2a 3- futh lfpo] eq[; lfpo] fgekpy izns ka 4- iz/kku lfpo¼x`g½ fgekpy izns k ljdkja 5 lfpo ¼x`g½ fgekpy izns k ljdkja 6 ekuuh; yksdk;qdr] fgekpy izns ka 7- iqfyl egkfuns kd, fgekpy izns k f keyk-2a 8- lelr vfrfjdr iqfyl egkfuns kd, fgekpy izns ka 9- lelr iqfyl egkfujh{kd] fgekpy izns ka 10- lelr iqfyl mi egkfujh{kd] fgekpy izns ka 11- lelr e.myk;qdr]fgekpy izns ka 12- lelr iqfyl v/kh{kd] fgekpy izns ka 13- lgk;d fof/k ijke khz,oa voj lfpo ¼fof/k½] fgekpy izns k ljdkja 14- ofj B fof/k vf/kdkjh&aa] fof/k fohkkx] lfpoky; fgekpy izns ka 15 fu;u=d] eqnz.k,oa ys[ku lkexzh fohkkx fgekpy izns k f keyk-5 dks jkti= es izdk ku gsrwq1 muls vuqjks/k gs fd jkti= dh 3 izfr;ka bl fohkkx dks miyc/k djok;sa1 16- laj{k.k uflr1 mi lfpo (x`g) fgekpy izns k ljdkj

16