PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020 (ASVN 13, 1942 SAKA)

1471

Regd. No. NW/CH-22

Regd. No. CHD/0092/2018-2020

EXTRAORDINARY

Published by Authority

CHANDIGARH, MONDAY, OCTOBER5, 2020 (ASVINA 13, 1942SAKA)

( 1471 )

GOVERNMENT OF PUNJAB

PUNJAB STATE POLICE COMPLAINTS AUTHORITY

NOTIFICATION

The 5th October, 2020

No.-SPCA/Spl/2020/44.-In exercise of the powers conferred by section 54-F of the Punjab Police Act,2007

(Punjab Act 10 of 2007) the Punjab State Police Complaints Authority hereby makes the following Rules for the

Conduct of Business of the Authority, namely;

Rules

Short title and Commencement.-(1) These rules may be called The Rules for Conduct of Business

of the Punjab State Police Complaints Authority, 2020.

(2)

They shall come into force on the date of their publication in the Official Gazette.

Definitions.-(1)In these rules, unless the context otherwise requires,-

(a)

“Act” means the Punjab Police Act, 2007;

(b)

“Authority” means the Punjab State Police Complaints Authority constituted under sub-section (1)

of section 54 of the Act;

(c)

“Chairperson” means the Chairperson of the Punjab State Police Complaints Authority appointed

under sub-section (2) of section 54 of the Act;

(d)

”Complainant” means a person by whom, or on whose behalf a complaint is made under the Act;

(e)

“complaint” means a complaint about “serious misconduct” or “misconduct” taken cognizance of

by the Authority under the act;

(f)

“Government” means the Administrative Department i.e. the Department of Home Affairs and

Justice of the Government of Punjab".

(g)

“Inquiry” means an inquiry instituted as per procedure specified in rule 11 of these rules;

(h)

“Member” means a member of the Authority appointed under sub-section (2) of section 54 of the

Act;

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020 (ASVN 13, 1942 SAKA)

1472

(i)

“misconduct” means any willful breach or neglect by a police officer of any law, rule, regulation

applicable to the police that adversely affects the rights of any member of the public, excluding

“serious misconduct” as defined in the Act;

(j)

“Respondent Officer” means such police personnel who is the subject of a complaint;

(k)

“Secretary” means the Secretary of the Authority appointed under rule 3;

(l)

“section” means a section of the Act;

(m) “Serious misconduct”, for the purposes of sections 54-D and 54-E, shall means any act or omission

of police personnel that leads to or amounts to-

(i)

grievous hurt in police custody;

(ii)

illegal detention;

(iii)

extortion;

(iv)

land or house grabbing;

(v)

sexual harassment; and

(vi)

any complaint referred by the State Government:

(b)

The words and expressions used and not defined in these rules but defined in the Act or the code of

Criminal Procedure, 1973, shall have the same meanings respectively assigned to them in those

enactments.

The Staffing, Secretary and General Administration of the Authority.- (1)The State Government

shall provide the Authority with such competent officers and employees, including police and technical staff for

assisting the Authority in inquiry or investigation, as may be necessary for the efficient performance of its

functions.

(2)

The salaries and allowances payable to them and the terms and conditions of service of such officers and

employees may be determined by the State Government, in consultation with the Department of Finance.

(3)

The State Government shall appoint a Secretary to the Authority who shall be an officer not below the

rank of Additional Secretary to the State Government. In the event of the office of the Secretary remains vacant

or falling vacant for any reason, the Chairperson may authorize any other officer to discharge the duties of the

Secretary till the post is filled by the State Government.

(4)

The Secretary shall be responsible for the maintenance of the registry of the Authority.

(5)

The Authority may also requisition the services of any competent officer or employee from the public

services of the State as it may deem fit for a period not exceeding six years and the salaries and allowances

payable to them and the terms and conditions of service of such officer and employee may be determined by the

Administrative Department in consultation with the Department of Finance.

(6)

The Chairperson shall be responsible for the general superintendence, direction and management of the

affairs of the Authority. The Chairperson may seek the aid and assistance of the Members and the Secretary for

this purpose.

(7)

In the event of the office of the Chairperson falling vacant for any reason, the senior-most Member shall

officiate as the Chairperson and perform the duties and functions and exercise all the powers of that office until

such time as the vacancy is filled up.

The oath or affirmation by the Chairperson and Members of the Authority.- The Chairperson and

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020 (ASVN 13, 1942 SAKA)

1473

a Member shall, before he or she enters upon the office, make and subscribe before the Governor, an oath or

affirmation in the form given below:

“I, ………….. having been appointed Chairperson/Member of the State Police Complaints

Authority, swear in the name of God that I will bear true faith and allegiance to the solemnly

affirm Constitution of India as by law established, that I will uphold the sovereignty and

integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and

judgement perform the duties of my office without fear or favour, affection or ill-will and that

I will uphold the Constitution, human rights and the laws.”

Sitting and decisions of the Authority.-(1) Every proceeding of the Authority shall be chaired by the

Chairperson with Members in attendance.

(2)

Two Members including the Chairperson shall constitute the quorum for any meeting where any decision

is required to be taken by the Authority.

(3)

All decisions shall be taken by a majority of the membership of the Authority:

Provided that when there is a tie the person chairing the meeting shall have a casting vote.

(4)

The absence of a Member from any meeting or a vacancy in the Authority shall not affect the continuity

of the proceedings:

Provided that in case of vacancies against the posts of members, the Chairperson shall be authorized to

take all decision as the Authority.

(5)

The Secretary or any other senior officer of the Authority authorized by the Chairperson shall be responsible

for recording and maintaining the minutes of every meeting of the Authority.

(6)

No decision of the Authority shall be held invalid merely on the ground of any technical defect in the

appointment of the Chairperson or Members of the Authority.

Finances and Auditing.-(1) The financial autonomy of the Authority shall be ensured.

(2)

The Secretary shall in consultation with the Chairperson and Members of the Authority prepare the annual

budget of the Authority and forward the same to the State Government by the thirtieth day of January every

year.

(3)

The State Government shall, after due appropriation made by the Punjab State Legislature, make to the

Authority grant of such sums of money as are required to be paid.

(4)

The Authority shall maintain proper accounts and other relevant records and prepare an annual statement

of accounts in such form to be developed in consultation with the Comptroller and Auditor-General of India and

the State Government.

(5)

The accounts of the Authority shall be audited by the Comptroller and Auditor-General of India at such

intervals as may be specified by him.

(6)

The Comptroller and Auditor-General of India or any person appointed by him in connection with the audit

of the accounts of the Authority under the Act shall have the same rights, privileges and Authority in connection

with such audit, as the Comptroller and Auditor-General of India generally has, in connection with the audit of

the Government accounts and, in particular, shall have the right to demand the production of books, accounts,

connected vouchers and other documents and papers and to inspect any of the offices of the Authority.

(7)

The accounts of the Authority, as certified by the Comptroller and Auditor-General of India or any other

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020 (ASVN 13, 1942 SAKA)

1474

person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the

State Government and the State Government shall cause the same to be laid before the Punjab State Legislature.

Procedure for filing and registering complaints.-(1)Any person who desires an inquiry to be made by

the Authority into one or more instances of serious misconduct of police personnel, not below the rank of an

Senior Superintendent of Police or a Deputy Commissioner of Police or equivalent rank, shall submit to the

Authority a complaint in writing in English or Punjabi as soon as may be practicable subsequent to the occurrence

of such instance:

Provided that a complainant may include the person in relation to whom the instance of misconduct or

serious misconduct took place, or any person acting on behalf of that person.

(2)

A complainant may submit a complaint on plain paper providing all relevant details, to the extent available:

Provided that where such a complaint cannot be made in writing, the Secretary, or any other officer of the

Authority authorized by him, shall provide reasonable assistance to the complainant to reduce his or her complaint

into writing:

Provided further that the verbal complaint reduced into writing shall be read back to the satisfaction of the

complainant by the officer recording it and the signature or thumb impression of the complainant shall be affixed

on the complaint letter.

(3)

A complaint may be submitted by post, courier, fax, email or in person at the office of the Authority.

(4)

A complainant may, if he so desires, to the extent possible, supply copies of documents and records in

support of the allegations made in the complaint which may include but need not be restricted to:

(a)

medical report or any certificate issued by a qualified doctor disclosing the nature of injuries on the

body of the victim;

(b)

photographs showing injuries;

(c)

audio or video recordings relating to the allegations contained in the complaint;

(d)

relevant extracts from the daily diary of the police station concerned;

(e)

copy of First Information Report (FIR), if any;

(f)

arrest memo, if any;

(g)

copies of complaints filed with the police or any other forum filed earlier about or relating to the

current complaint:

Provided that no complaint shall be rejected by the Authority for want of supporting documents and

records:

Provided further that the Authority shall not inquire into any complaint pertaining to any matter older

than a year.

(5)

The Secretary shall provide reasonable assistance to the complainant to cure any technical defects in the

complaint.

(6)

Where a complaint is submitted in person, the Secretary shall after assisting the complainant to cure

technical defects, if any, issue due acknowledgement to him or her indicating the file number assigned to the

case.

(7)

Where a complaint is received by the Secretary by post, courier or email, the Secretary, after assisting the

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020 (ASVN 13, 1942 SAKA)

1475

complainant to cure technical defects, if any, shall issue due acknowledgement to him within a week indicating

the file number assigned to the case.

(8)

The Secretary shall not reject a complaint merely on the ground of any technical defect.

(9)

The Secretary shall record a complaint case upon the direction of the Authority acting suo motu in accordance

with section 54-E(f) of the Act or upon information received from the State Government, or the Director

General of Police or a direction from the Hon’ble Supreme Court, High Court, National Human Rights Commission

or the State Human Rights Commission.

Provided that the Authority shall not inquire into any matter which is already being inquired by the National

Human Rights Commission or the State Human Rights Commission, or any other body duly constituted under

any law for the time being in force unless the National Human Rights Commission or the State Human Rights

Commission or such body refers the matter to the Authority for inquiry:

Provided further that no anonymous, synonymous, pseudonymous and non-specific complaint(s) shall be

entertained by the Authority or the Divisional Police Complaints Authority.

(10) The Secretary shall be responsible for recording all complaints received by the Authority in a register in the

proforma specified by the Authority for this purpose.

Screening and referral of complaints by the Authority.-(1) Upon registration of a complaint case, the

Secretary shall cause the complaint along with supporting documents, if any, to be laid before the Authority not

later than forty eight hours from the date of receipt of the complaint.

(2)

Where upon examination of the complaint and all supporting documents, if any, the Authority makes a

determination that it has no jurisdiction to inquire into the complaint, it shall reject the complaint for reasons to be

recorded in writing, not later than fifteen days from the date of receipt of the complaint.

(3)

The complaint shall not enquire into any specific matter in the complaint and reject the same if -

(a)

the complaint is pertaining to any matter older than one year from the date of the complaint; or

(b)

the matter in the complaint is already being inquired by the National Human Rights Commission or

the State Human Rights Commission, or any other body duly constituted under any law for the time

being in force unless the National Human Rights Commission or the State Human Rights Commission

or such body refers the matter to the Authority for inquiry; or

(c)

the complaint is anonymous, synonymous, pseudonymous and non-specific.

(4)

Where the Authority is satisfied, upon preliminary examination, that no prima facie case is made out in the

contents of the complaint or the supporting documents, it shall reject the complaint for reasons to be recorded in

writing, not later than fifteen days from the date of receipt of the complaint:

Provided that the Authority may seek additional supporting documents or information from the complainant

or any other person before satisfying itself that a prima facie case is made out in the contents of the complaint.

(5)

Where the Authority is satisfied that the complaint falls within its jurisdiction and that there exists a prima

facie case to conduct an inquiry, it shall immediately proceed to conduct an inquiry into the complaint.

(6)

The Authority may also decide to refer the case for the purpose of conducting an inquiry into the full

complaint or into any specific points pertaining to the complaint in a time bound manner-

(a)

to the in-house inquiry team of the Authority or

(b)

to any other officer or

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020 (ASVN 13, 1942 SAKA)

1476

(c)

to a committee constituted by the Authority or

(d)

to any agency of the Government, as the Authority deems fit.

(7)

The Secretary shall duly authenticate every order of the Authority made under these rules and communicate

free of charge, a copy of the order to the complainant, or the person representing the complainant, or the victim,

as the case may be.

Conduct of Inquiry.-(1)Where the Authority decides to conduct an inquiry on its own, it shall, within

forty-eight of such decision, issue notice to every respondent officer or officers who is or are the subject of the

complaint, to show cause as to why departmental action or criminal proceedings should not be recommended

against him or her on the basis of the complaint.

(2)

Every notice issued by the Authority under sub-rule (1) shall be accompanied with a copy of the complaint

and supporting documents, if any.

(3)

Where a notice is issued to an officer of the rank of Senior Superintendent of Police or or a Deputy

Commissioner of Police or a Commissioner of Police and above, a copy of the notice along with all supporting

documents shall be transmitted to the Director General of Police:

Provided that where the respondent officer is of the rank of Director General of Police, a copy of the

notice along with all supporting documents shall be transmitted to the Minister and Secretary in charge of the

Department of Home Affairs and Justice.

(4)

A respondent officer shall submit his or her reply to the Authority within fourteen days of receipt of the

notice issued under sub-rule (1) along with supporting documents, if any.

(5)

If the Authority so decides, the Secretary shall transmit to the complainant, free of charge, a copy of the

reply and any supporting documents received from every respondent officer, related to the complainant’s case,

within seven working days of receipt of such reply.

(6)

Where the Authority refers a complaint to the in-house inquiry team of the Authority or officer or a

committee constituted by the Authority or to any other agency for the purpose of conducting an inquiry as

specified in sub-rule (6) of rule 8, such agency or officer or committee shall inquire into the matter as expeditiously

as possible and submit its report along with all supporting documents to the Authority within the period stipulated

by the Authority.

(7)

If the Authority so decides, the Secretary shall transmit to the complainant, free of charge, a copy of the

report and any supporting documents received under sub-rule (6), within seven working days.

(8)

The Secretary or any other officer of the Authority authorized by him or her for the purpose, shall, from

time to time, provide the complainant with updates of the progress made in the case and in any case update him

or her at least once in thirty days.

(9)

The Secretary shall cause to be laid before the Authority every reply received from the respondent officer

under sub-rule (4)or a report received under sub-rule (6) within seven days of receipt.

10.

Issue of Notice of Hearing.-(1)While disposing a complaint case, the Authority may hold one or more

hearings, as it may deem necessary, after giving due notice to the concerned parties including the complainant or

his representative or the victim, as the case may be.

(2)

The Secretary shall notify all concerned parties of the date of hearing at least ten clear days in advance.

(3)

Where the respondent officer is of the rank of a Senior Superintendent of Police or a Deputy Commissioner

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020 (ASVN 13, 1942 SAKA)

1477

of Police or above, as the case may be, the notice of hearing shall be communicated to the Director General of

Police or the Commissioner of Police, as the case may be, and in case Director General of Police, to the

Secretary, Home Affairs and Justice, Government of Punjab.

(4)

Every officer who has received a notice of hearing under sub-rule (2)shall immediately communicate the

same to the concerned respondent officer and ensure that such officer is given leave to attend the hearing on the

stipulated date.

11.

Conduct of a Hearing.- (1) The Authority shall observe the principles of natural justice in the conduct of

every hearing.

Explanation: For the purpose of removal of doubt, it is hereby clarified that all proceedings before the Authority

are quasi-judicial proceedings and the Authority shall not be bound to strictly observe the provisions of the Code

of Civil Procedure, 1908, the Criminal Procedure Code, 1973 and the Indian Evidence Act, 1871 while conducting

any hearing.

(2)

At the commencement of a hearing, the Authority shall explain to the concerned parties the general

scope , purpose and procedure to be adopted at the hearing.

(3)

The hearing shall be conducted in the official language of the State of Punjab or in English.

(4)

Where the complainant or a victim related to the case is not familiar with the language in which the hearing

is conducted, the Authority shall permit such person to be accompanied by another person of his choice to

translate the proceedings into the language that he is familiar with:

Provided that where a complainant or victim is unable to find an interpreter and makes a request to the

Authority for translation of the proceedings, the Authority shall arrange for an interpreter at its own cost.

(5)

The Secretary or any other officer authorized by the Chairperson or the Secretary shall maintain a record

of the proceedings at every hearing.

12.

Appearance at a hearing.-(1)The parties to a complaint shall appear at a hearing in person.

(2)

The legal representation of persons appearing at a hearing shall be by leave of the Authority for reasons to

be recorded in writing.

(3)

The Authority may summon any person who has knowledge of the matters relating to the complaint case

to appear at a hearing for the purpose of examination, obtaining evidence on oath or for producing documents or

records relevant to the case, or both.

(4)

Subject to proof of service of the hearing notice under rule 9 and 10, and the summons issued thereunder,

it shall be lawful for the Authority to draw adverse inference in the event of non-appearance of any person to

whom notice of a hearing has been issued under rule 9 and 10, and the summons issued thereunder and proceed

to take further action by invoking its powers under section 54 of the Act.

(5)

The Authority may cause a warrant of arrest to be issued against any person in order to secure his

appearance on the date of hearing as may be specified by the Authority, if:

(a)

there is sufficient reason to believe that such person is not likely to appear before the Authority

without being compelled to do so; or

(b)

the person is about to make or is making preparations to depart from the State and material facts of;

(c)

the case cannot be obtained by the Authority in the absence of such person.

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020 (ASVN 13, 1942 SAKA)

1478

(6)

The Authority may also cause the salary of a Government servant attached in order to secure his appearance

on the date of hearing as may be specified by the Authority in the events mentioned in sub-rule (5).

13.

Time Limit for completion of inquiry and grant of adjournments.-(1) Every inquiry initiated on the

basis of a complaint received by the Authority shall be completed and appropriate orders passed, as expeditiously

as possible, and in any case within a period of ninety days from the date of receipt of the complaint:

Provided that where orders are passed after the expiry of the time limit mentioned in this rule, the Authority

shall record the reasons for delay in writing.

(2)

The complainant or a victim or a respondent officer may apply for adjournment of a hearing at least three

days in advance of the date of hearing:

Provided that the Authority may grant adjournment at shorter notice on the basis of sufficient cause shown

by the party applying for the adjournment and reasons for grant of the adjournment shall be recorded in writing.

(3)

The Authority shall ordinarily not grant adjournment of a hearing unless reasonable cause is shown by the

concerned party to a case and in every instance the Authority shall record reasons for grant of adjournment, in

writing.

(4)

Where an adjournment is granted on the plea of a respondent officer for reasons of performance of

unavoidable official duty, the hearing may be held on the next working day:

Provided that not more than three adjournments may be granted to a respondent officer during the pendency

of a complaint case against him.

(5)

The Secretary or any other officer authorized by him shall communicate an order of adjournment to all

concerned parties forthwith.

(6)

Where the complainant or the victim or the respondent officer fails to appear before the Authority, the

Authority shall proceed with the case ex-parte.

14.

The final finding and recommendations of the Authority.-(1)Upon completion of an inquiry initiated

under rules8 and 9, the Authority shall communicate its findings to the Director General of Police and the State

Government, as the case may be, with a recommendation to-

(a)

is borne out; and/or

(b)

initiate departmental action against the respondent officer; and/or

(c)

any other action as deem it appropriate.

(2)

The Director General of Police or the State Government, as the case may be, may within fifteen days of

receipt of the communication made under sub-rule (1), bring to the notice of the Authority, any additional fact or

information that has not been made available to the Authority during the inquiry or make a written submission

against the provisional direction.

(3)

The Authority may take into consideration any additional fact or information or submission received under

sub-rule (2) before arriving at a final decision on the complaint in accordance with the time limit specified.

(4)

In its final recommendation, the Authority may affirm or revise its findings or the recommendations recorded

under sub-rule(1), or both.

(5)

The Authority shall, upon completion of the inquiry, communicate its findings and/or recommendations to

the State Government.

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020 (ASVN 13, 1942 SAKA)

1479

(6)

The Authority may in its final findings and/or recommendations may recommend to the State Government

to pay monetary compensation to the complainant or the victim, as the case may be.

(7)

The State Government shall consider the findings and/or recommendations of the Authority for taking

appropriate action in the matter. Normally the findings and/or recommendations of the Authority shall be

implemented. In case, the State Government decides to deviates from findings and/or recommendations of the

Authority, a speaking order shall be passed for doing so in writing.

(8)

Where the inquiry does not bear out the allegations contained in the complaint, the Authority may close the

case for reasons to be recorded in writing.

(9)

Every final findings and/or recommendations of the Authority shall consist of:

(a)

a summary of the allegations made in the complaint;

(b)

a summary of the replies, reports and submissions received by the authority;

(c)

the findings of the authority;

(d)

the specific findings and/or recommendations to the concerned authorities or the Government or

both;

(e)

dissenting view of any member of the authority, if any, shall be recorded.

(10) The Secretary or any other officer authorized by him shall notify all concerned parties at least seven clear

days in advance of the date of pronouncement of the final decision of the Authority in a complaint case.

(11) The final decision of the Authority shall be pronounced in open proceedings by the Chairperson or any

member authorized by him for this purpose communicated to the State Government and the Director General of

Police.

(12) The Secretary shall duly authenticate the final decision of the Authority and without any delay cause

copies of the decision to be provided to the parties free of charge.

15.

Immunities.-No statement made by a person in the course of giving evidence before the Authority shall

subject that person to a civil or criminal proceeding or be used against him in such proceeding, except a prosecution

for giving false evidence:

Provided that the statement is made in reply to a question which he is required by the Authority to answer

or is relevant to the subject matter of the inquiry.

16.

Status of the action taken on the final finding and/or recommendations of the Authority.-(1) It

shall be the duty of the Director General of Police or the Senior Superintendent of Police or the Commissioner

of Police, as the case may be, to provide all information and assistance to the Authority as may be required for

the performance of its duties including the conduct of an inquiry initiated under rules9 and 10.

(2)

The Department of Home Affairs shall provide monthly status reports to the Authority about the progress

made in implementing or taking any other appropriate action on the findings and/or recommendations contained

in its final decision.

17.

Transparency in the working of the Authority.-(1) Every hearing of the Authority shall be open to the

public, provided that in exceptional circumstances and for reasons to be recorded in writing by the Authority,

such hearing may be held in camera.

(2)

The Secretary or any other officer authorized by him for the purpose shall be responsible for creating,

developing and updating an Internet web-portal in English and the official language of the State, to digitize and

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020 (ASVN 13, 1942 SAKA)

1480

publicize the working of the Authority and the State Government shall provide the required funds and assistance

for creating, developing and updating such an Internet web-portal.

(3)

The Registry shall prepare and display on its web-portal and the official notice board of the Authority the

cause list of cases every month.

(4)

Subject to availability of resources and mobile numbers, the Registry shall cause the publication of the

monthly cause list, summons etc. of the Authority through electronic media such as e-mail, Whats App or other

messaging system or through Saanjh Kendras.

(5)

All minutes of meetings and final decisions of the Authority shall be uploaded on the web-portal of the

Authority without delay.

(6)

Any person may make an application to the Registry and inspect or obtain copies of information held by

the Authority upon payment of fees prescribed under the Right to Information Rules framed by the Government

of Punjab.

(7)

A request made under sub-rule (6) shall not be rejected except for reasons specified in sections 8 and 9 of

the Right to Information Act 2005. (Central Act 22 of 2005)

18.

The jurisdiction and scope of the Authority.-(1) The complaints against any officer working under the

Department of Home Affairs or Police Department would be under the jurisdiction of the Authority and shall

include:

(a)

the officers of the Department of Home Guard and Civil Defense working in aid to the Police

Department; or

(b)

the officers of Forensic Science Laboratory (FSL) and Chief Chemical Examiner (CCE).

(2)

Till such time, the State Government constitute separate Divisional Police Complaints Authorities as per

the provisions of the Act. The State Government may notify the State Police Complain Authority to discharge

the work of the Divisional Police Complaints Authorities in respect of the officers of the level of Superintendent

of Police, Deputy Superintendent of Police and the Station House Officers.

(3)

The State Government may by notification specify any other category of officers who shall be covered

under the scope of the Authority which may include the following; namely.-

(a)

the officers of the Department of Jails

(b)

the Officers of the Police Department working on deputation with any other another Department;

19.

Outreach, publication and dissemination of information.-(1) The Secretary shall publish and

disseminate basic information about the Authority and its procedures through print and electronic media.

(2)

Without prejudice to sub-rule (1), the Secretary shall, within six months of the constitution of the Authority,

publish a guide in all the popular languages of the State giving the contact details, the powers and functions of the

Authority, the procedure for filing complaints under the Act, any prescribed forms or formats for the purpose of

receiving and disposing complaints and any remedies available to the complainant under section 54 of the Act

and the rules made thereunder.

(3)

The Secretary shall update the guide published under sub rule (2) from time to time and in every instance

when any changes are made in the Act or in any rule or procedure made under the Act.

(4)

The State Government shall make copies of the guide available at the office of the Authority, at every

police station and all other offices of the police department free of charge or at such reasonable sale price as

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 5, 2020 (ASVN 13, 1942 SAKA)

1481

may be specified.

Explanation: For the purpose of sub- rule (1), “disseminate” shall mean making the information available

to the public through printed pamphlets and handouts, notice board display, newspapers, radio, television,

the internet and any other means of communication.

20.

Annual report of the Authority.-(1)The Authority shall submit to the State Government an annual

report at the end of each calendar year, inter alia, containing:

(a)

the number and type of cases of complaints inquired into by it;

(b)

the number and type of cases of misconduct inquired into by it;

(c)

the number and type of cases it referred to any other agency or officer for the purpose of conducting

an inquiry;

(d)

the findings and final finding and/or recommendations of the Authority in each case;

(e)

the extent of any delay, and the reasons for the delay, in the completion of any inquiry, if any;

(f)

the identifiable patterns of misconduct and serious misconduct of police personnel in the State; and

(g)

recommendations for enhancing police accountability.

(2) The State Government shall, along with an action taken report, cause a copy of the report of the Authority to

be laid before the Punjab State Legislature in the budget session of each year.

DR. NIRMALJEET SINGH KALSI

Chairperson

Punjab State Police Complaint Authority.

2118/10-2020/Pb. Govt. Press, S.A.S. Nagar