Sikkim Armed Police Force Act, 1981
No: 8 Dated: Oct, 19 1981
SIKKIM ARMED POLICE FORCE ACT, 1981
ACT NO, 8 OF 1981
An Act to provide for the constitution and regulation of the Sikkim Armed Police Force in the State of Sikkim.
Be it enacted by the Legislature. of Sikkim in the Thirty-second Year of the Republic of India as follows: -
1. Short title, extent, commencement, and application. - (1) This Act may be called the Sikkim Armed Police Force Act, 1981.
(2) It extends to the whole of Sikkim.
(3) It shall come into force on such date as the State Government may by notification in the Official Gazette appoint.
(4) It shall apply to the officers of the Force wherever they may he.
2. Definitions. - In this Act, unless the context otherwise requires, -
(a) "active duty" means -
(i) the duty to restore, preserve order in any local area in the event of any disturbance therein to prevent offences involving breach of peace or danger to life or property and to search for and apprehend persons concerned in such offences or who are so desperate and dangerous as to render their being at large hazardous to the community;
(ii) the duty to take all measures for extinguishing fires or to prevent damage to person or property on the occasion of such occurrences as fires, floods, earth-quakes, enemy action or riots and to restore peace and preserve order on such occasion;
(iii) such other duty as may be specified to be active duty by the State Government or the Inspector General of Police in a direction issued under section. 12;
(b) "Commandant" , "Assistant Commandant" , "Adjutant" , 'Company Commander' means a person appointed by the State Government to those offices under section 5;
(c) "follower" means any person appointed to do the work of a cook, mess servant, washer man, cobbler, barber, tailor, sweeper or any other tradesman designated as such in connection with the Force;
(d) "Force" means the Sikkim Armed Police Force constituted under section 3;
(e) "Inspector-General" means the Inspector-General of Police;
(f) "members of the subordinate ranks" means members of the Force below the rank of Adjutant, Assistant Commandant or Company Commander;
(g) "officer of the Force" means a member of the Force;
(h) "police officers" means every police officer as defined in the Police Act, 1861 (5 of 1861);
(i) "prescribed" this Act; means prescribed by rule made under
(j) "superior officer" in relation to any officer of the Force means,-"
(a) an officer of the Force of a higher class than or of a higher grade in the same class as such officer; or
(b) an officer of the Force of same grade. or class but senior to such officer;
(k) the words and expressions used herein and not defined, but defined in the Indian Penal Code 1860 (45 of 1860), the Code of Criminal Procedure 1898 (5 of 1898), and the Police Act, 1861 (5 of 1861) shall have the meanings respectively assigned to them in those enactments.
3. Constitution of the Force. - (1) In addition to the police force constituted under the Police Act, 1861 (5 of 1861), the State Government may constitute and maintain a force known as the Sikkim Armed Police Force.
(2) The Force shall be constituted and maintained in such manner as may be prescribed.
(3) Subject to the provisions of this Act the pay pension and other conditions of service of members of the Force shall be such as may be prescribed:
Provided that nothing in this section shall apply to the pay, pension and other conditions of service of the members of the Indian Police Service who may be transferred to the Force.
(4) The State Government or any officer empowered by the State Government in this behalf may-
(a) divide the Force in groups;
(b) sub-divide each group into battalions and each battalion into companies and each company into platoon and platoons into sections or smaller subunits;
(c) post any group, battalion, company, platoon, section or smaller sub-unit at such places as the State Government or such officer may deem fit.
4. Superintendence, Control and administration of Force. - The superintendence, control and administration of the Force shall in accordance with the provisions of this Act and the rules made there under vest in the Inspector General or in such Deputy Inspector-General or Assistant Inspector-General of Police as the State Government may authorize in this behalf.
5. Appointment of Commandant, assistant Commandant and Adjutant. - (1) The State Government, may appoint for each Battalion a Commandant who is a person eligible to hold the post of a Superintendent of Police and one or more Assistant Commandants, Adjutants and Company Commanders who, shall be persons eligible to hold the post of an Assistant or a Deputy Superintendent of Police.
(2) The Deputy Inspector General of Police, the Assistant Inspector; General of Police, the Commandant, the Assistant Commandant, the Company Commander and the Adjutant may exercise such powers and authority as may be prescribed.
6. Conferment of certain powers under the Act to the District Police Force. - The State Government may, by notification in the Official Gazette, empower' a Police officer of the District police force of such rank to exercise such disciplinary powers under this Act over the officers of the Force working under his operational control and in such districts as may be specified in the notification:
Provided that such police officer shall be of the rank higher than the rank of the officer of the Force in charge of such Force.