Tamil Nadu Police (Reforms) Act, 2013

No: 22 Dated: Nov, 08 2013

Tamil Nadu Police (Reforms) Act, 2013

(Act No. 22 of 2013)

    An Act to provide for a law to carry out the directions of the Hon'ble Supreme Court in Prakash Singh case regarding Police reforms and for matters connected therewith and incidental thereto.

    Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-fourth Year of the Republic of India as follows: -

CHAPTER - I.

Preliminary.

1. Short title and commencement. - (1) This Act may be called the Tamil Nadu Police (Reforms) Act, 2013.

(2) It shall be deemed to have come into force on the 11th day of September 2013.

2. Definitions. - (1) In this Act, unless the context otherwise requires, -

(a) "Board" means the Police Establishment Board constituted under section 8;

(b) "Commission" means the State Security Commission established under section 5;

(c) "Government" means the State Government;

(d) "Police Officer" means any member of the Tamil Nadu Police and includes an Indian Police Service (IPS) officer working in connection with the affairs of the State and the Tamil Nadu Police;

(e) "prescribed" means prescribed by rules made under this Act;

(f) "subordinate ranks" means all ranks below the rank of Deputy Superintendent of Police or its equivalent;

(g) "supervisory ranks" means ranks of Deputy Superintendent of Police or its equivalent and above;

    (2) Words and expressions used in this Act, but not defined specifically shall have the same meaning as provided in the Police Act, 1861 (Central Act V of 1861), the Tamil Nadu District Police Act, 1859 (Central Act XXIV of 1859), the Chennai City Police Act, 1888 (Tamil Nadu Act III of 1888), the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) and the Indian Penal Code (Central Act XLV of 1860).

CHAPTER - II.

Term of Office of Director General of Police and other Police Officers.

3. Selection, appointment and tenure of Director General of Police. - (1) The Government shall appoint the Director General of Police from amongst the five senior-most Police Officers of the Department empaneled by the Union Public Service Commission for the post of Director General of Police, having regard to length of service, very good record and range of experience for heading the Police Force.

(2) Notwithstanding anything contained in the Service Rules, the Director General of Police appointed under sub-section (1) shall hold the post for a minimum period of two years, irrespective of the date of his/her superannuation.

(3) The Director General of Police may be relieved of his/her responsibilities under the following circumstances, namely: -

(a) on conviction by a court of law in a criminal case or a case of corruption;

(b) on punishment of dismissal, removal or compulsory retirement from service or of reduction to a lower post awarded under the provisions of All India Services (Discipline and Appeal) Rules or any other relevant rule;

(c) on incapacitation by physical or mental illness or otherwise becoming unable to discharge his/her functions;

(d) on appointment to any other post either under the State Government or Central Government, with his/her consent for such posting;

(e) on other administrative grounds to be recorded in writing.

4. Term of office of holder of certain posts. - (1) Subject to the service conditions, a Police Officer posted to be in charge of a Police Station, Police District or Commissionerate shall hold office for a minimum period of two years, or till the date of his/her superannuation, whichever is earlier.

(2) The provisions of sub-section (1) shall not apply in cases where any Police Officer referred to in sub-section (1) is -

(a) convicted by a court of law in a criminal case or a case of corruption;

(b) involved in a criminal case wherein charges have been framed by a court;

(c) awarded punishment in disciplinary proceedings;

(d) placed under suspension;

(e) subjected to disciplinary proceedings after charges having been framed;

(f) incapacitated by physical or mental illness or otherwise becoming unable to discharge his/her functions;

(g) promoted to a higher post;

(h) to be relieved to fill up a vacancy caused by promotion, transfer or retirement of other officer;

(i) to be relieved for any other administrative grounds to be recorded in writing.