A. Powers/Duties As a Police Officer
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Himachal Pradesh Police Department II. THE POWERS AND DUTIES OF OFFICERS AND EMPLOYEES:- The powers and duties of officers/employees of Himachal Pradesh Police can be classified into the following main categories :- A. Powers /Duties as a Police Officer B. Financial Powers C. Disciplinary Powers D. Special Administrative Powers E. Powers and Duties According to each Wing/Unit Each of these categories is detailed below:- A. Powers/Duties as a Police Officer: Under Section 23 of the Police Act, 1861, the powers of police officers are delineated as below:- It shall be the duty of every police officer promptly to obey & execute all orders & warrants lawfully issued to him by any competent authority :- a. To collect & communicate Intelligence affecting the public peace. b. To prevent the commission of offences & public nuisances c. To detect & to bring offenders to justice & to apprehend all persons whom he is legally authorized to apprehend & for whose apprehension sufficient grounds exist. It shall be lawful for a Police officer, for any of the purpose mentioned in this section without a warrant, to enter & inspect any drinking shop, gamming house or other place of resort of loose & disorderly charters. Main powers/ duties of a police officer under various sections of Cr.P.C. are as below:- Section 36 Powers of superior Officers of Police. Section 41 When Police may arrest without Warrant Section 42 Arrest on refusal to give name & residence Section 46 Procedure of Arrest RTI Proactive Disclosure 15-Sep-2012 Page 1 of 43 Himachal Pradesh Police Department Section 47 Power of Police officer to search of a Place entered by a person sought to be arrested. Section 50 Arrested person must be informed the grounds of Arrest & right to bail. Section 51 Search of Arrested Person Section 52 Power to seize Offensive weapon. Section 53 Examination of accused by medical Practitioner at the request of Police. Section 55 Procedure when Police Officer deputes his subordinate to arrest without Warrant Section 57 Arrested person not to be detained more than 24 hours Section 58 Police to report apprehensions Sec 61-90 Processes to compel appearance Sec 91-105 Processes to compel the production of things Section 100 Procedure of search of closed place. Section 102 Powers of Police Officer to see certain Properties Sec.106-124 Security for keeping the peace and for good behaviour. Powers of Police officers to arrest the person for prevention of Crime Sec 149-153 Preventive action of the Police. Sec 154 Registration of FIR on disclosure of cognizable offence. Sec 160 Police officer’s Power to require the attendance of Witnesses Sec 165-166 Search by Police Officer Sec 172-174 Procedure of Investigation B. Financial powers: - i) Financial powers delegated by the Govt. of Himachal Pradesh vide their letter No. Fin.I.C(14)1/83 dated 6.9.95 :- Sr. SOE Nature of Power Authority to Extent of power delegated. No. which the power is re- delegated. 1. OFFICE i) To sanction Expenditure Head of office. Upto Rs. 2,500/- EXPENSES. for payment of Electricity and Water Charges. RTI Proactive Disclosure 15-Sep-2012 Page 2 of 43 Himachal Pradesh Police Department ii) To sanction expenditure for Controlling Upto Rs. 3,500/- payment of telephone bills. Officer Head of Office Upto Rs. 1,500/- Subject to the limits of free telephone calls on official phones installed at residences as per instructions issued from time to time by the Govt./ Competent Authority. iii) To sanction correct Controlling Upto Rs. 2,500/- purchase of stores from the Officer. local market after exhausting all the approved sources of supply and the rate contract arranged by the Controller of Stores, Himachal Pradesh, if available. iv) To sanction purchase Controlling Upto Rs. 1,000/- of Books & Journals. Officer Head of Office. Upto Rs. 500/- On any one type of book in a Financial year & Provided the books and journals are of a scientific, legal, medical educational technical or professional character. v) To sanction petty Controlling Upto Rs. 1,000/- in each local purchases of Officer case but not exceeding Rs. Stationery other 5,000/- per annum in than that received emergency. from CP&S Deptt. Head of Office. Upto Rs. 500/- in each case but not exceeding Rs. 2,000/- per annum in emergency. Subject to the rules in the P&S Manual and further condition that local purchase is not permitted unless a certificate from Controller P&S, is obtain to the effect that the articles RTI Proactive Disclosure 15-Sep-2012 Page 3 of 43 Himachal Pradesh Police Department required are not available at the time. vi) To sanction Head of Office. Upto Rs. 1,500/- expenditure on the Maintenance of Subject to further conditions Office Machines. as may be laid down by CP&S Deptt. 2. MOTOR To sanction expenditure and Head of Office. Upto Rs. 3,000/- VEHICLES. the repairs of running (including POL) of vehicles/ spare parts/ consumable accessories. Powers re-delegated to Controlling Officers are in respect of their own offices as well as for their subordinate offices. The Controlling Officers/Heads of Offices will, henceforth be responsible to dispose off the cases within the above mentioned financial powers after completing all codal formalities required under the Rules and subject to following conditions:- i) Financial powers are subject to budget availability. The available budget should also be spent in a proportionate manner so that demands for additionality in the budget allocation are not created. ii) No sanctions shall be accorded within the above mentioned powders in respect of claims, which are banned under the economy measures or which require necessary approval from the competent authority. iii) While issuing sanctions, authorities to whom powers have been delegated shall ensure that copies of the orders are invariably endorsed to the Police Headquarters/Finance Deptt. /Home Department, AG HP (Audit) Sr. Dy.AG (A&E) H.P. Shimla-3 in the interest of proper verification/check. iv) Strict Control shall be exercised under the items of expenditure like unnecessary or costly articles, repairs and POL charges of vehicles. v) No Financial sanction shall be accorded without ensuring the availability of funds. Any deviation from the above conditions should be the personal responsibility of Controlling Officers/Head of Offices. These powers, if not judiciously and economically exercised, will be withdrawn. However, the powers shall automatically stand cancelled as and when any modification is made in this regard by the State Govt. RTI Proactive Disclosure 15-Sep-2012 Page 4 of 43 Himachal Pradesh Police Department or other Competent Authority. This supersedes this office order No. Fin-2-19/82-95- 59439 dated 14.11.95. *** ii) Financial powers delegated by the Govt. of Himachal Pradesh vide their letter No. Fin.1.C(14)1/83 dated 6.0.95, are hereby further re-delegated to the Controlling Officers and to the Head of Police Offices in H.P. as under:- SOE Nature of Power. Authority to which Extent of power delegated. the power Sr No. 1. 2. 3. 4. 5. 1. LIVERIES. To sanction expenditure Head of Office. Upto Rs. 10,000/- subject to for purchase of Livery the conditions in the rules for articles. supply of liveries etc. on the rate and pattern approved by the Govt. 2. OFFICE i) To sanction Head of Office Upto Rs. 2,000/- for each EXPENSES. expenditure on Machine in a Financial year the maintenance subject to further conditions of office machine. as may be laid down by CP&S Depttt. ii) Hot and Cold Head of Office. Upto 2,000/- for any one item weather charges subject to observance of all codal formalities. iii) To sanction Head of Office. Upto Rs. 4,000/- in any one expenditure for case. payment of Electricity and water charges. iv) To sanctioned Controlling Upto Rs. 4,000/- expenditure for Officer. payment of Upto Rs. 2000/- subject to the telephone bills Head of Office. limits of free telephone calls on official Phones installed at residences as per instructions issued from time to time by the Govt./Competent Authority. v) To sanction Controlling Upto Rs. 1,500/- Upto Rs. purchase of Officer. 1,000/- On any one type of Books, Journals/ book in a Financial year & Periidicals and Head of Office. Provided that the Books and News Papers. Journals are of a Scientific, Legal, medical educational, RTI Proactive Disclosure 15-Sep-2012 Page 5 of 43 Himachal Pradesh Police Department technical or professional character, periodicals and news papers are of official use. vi) To sanction petty Controlling Officer Upto Rs. 1,000/- in each case local purchases but not exceeding Rs. 5,000/- of Stationery per annum in emergency. other than that Head of Office. Upto Rs. 500/- in each case received from but not exceeding Rs. 2,000/- CP&S Deptt. per annum in emergency. Subject to the rules in the P&S Manual and further conditions that local purchase is not permitted unless a certificate from Controller P&S, is obtained to the effect that the articles required are not available at the time. vii) To sanction direct Controlling Officer Upto Rs. 4,000/- for any one purchase of stores from item in a Financial year for the the local market after disbursing Officer under him. exhausting all the Upto Rs. 2,000/- for any one approved item in a financial year. Head of Officer Sources of supply and the rate contract arranged by the Controlling of Stores Himachal Pradesh, if available. 3. PROFESSIONAL To sanction expenditure Controlling Officer Upto Rs. 2,5000/- in each & SPECIAL for payment of charges to case. Upto Rs. 1,000/- in each SERVICES Govt.