PUNJAB GOVT. GAZ. (EXTRA), JUNE 20, 2023
2003
(JYST 30, 1945 SAKA)
EXTRAORDINARY
Published by Authority
CHANDIGARH, TUESDAY, JUNE 20, 2023
(JYAISTHA 30, 1945 SAKA)
PUNJAB VIDHAN SABHA SECRETARIAT
NOTIFICATION
The 20th June, 2023
No. 10-PLA-2023/35.- The Punjab Police (Amendment) Bill, 2023 is
hereby published for general information under the proviso to rule 121 of the
Rules of Procedure and Conduct of Business in the Punjab Vidhan Sabha
(Punjab Legislative Assembly):-
BILL NO. 10-PLA-2023
THE PUNJAB POLICE (AMENDMENT) BILL, 2023
A
BILL
further to amend the Punjab Police Act, 2007 with a view to bring about
an independent mechanism for selection and appointment of suitable persons
to the post of the Director General of Police (Head of Police Force), so as to
ensure that the said selection, appointment and the resultant term of office is
free from political or executive interference and is also in consonance with the
peculiar conditions and policing requirements of the State of Punjab.
Whereas 'public order' and 'police' appear in the 'State List' given in the
Seventh Schedule to the Constitution of India, and are, thus, matters falling in
the exclusive domain of the States;
( 2003 )
2004 PUNJAB GOVT. GAZ. (EXTRA), JUNE 20, 2023
(JYST 30, 1945 SAKA)
Whereas the constitutional framework envisions a 'federal structure'
wherein the States are exclusively empowered, through its legislature, to enact
laws concerning 'public order' and 'police';
Whereas the State of Punjab has enacted the Punjab Police Act, 2007
(Punjab Act No. 10 of 2008) in keeping with the aforesaid constitutional
mandate, and it is imperative that suitable provisions are enshrined therein to
provide for a robust mechanism for selection and appointment of suitable persons
to the post of the Director General of Police (Head of Police Force);
AND Whereas it is incumbent upon the State of Punjab to ensure that
the said mechanism takes into consideration the peculiar challenges faced by
the State of Punjab by virtue of being a border-State.
Be it enacted by the Legislature of the State of Punjab in the Seventy-
fourth Year of the Republic of India, as follows:–
1. (1) This Act may be called the Punjab Police (Amendment) Act, 2023.
Short title and commencement.
(2) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
2. In the Punjab Police Act, 2007, for section 6, the following section shall
be substituted, namely:-
"6 (1) The following procedure shall be adopted for selection of
Substitution of section 6 in Punjab Act No. 10 of 2008.
the Director General of Police (Head of Police Force),
namely:-
Selection and term of office of the Director General of Police (Head of Police Force).
(a) Zone of consideration.- The Indian Police Service Officers
belonging to Punjab Cadre,-
(i) who have been promoted to the rank of Director General of
Police in the State of Punjab and who have completed at least
thirty years of service as on the date of occurrence of vacancy;
and
(ii) who have a minimum residual tenure of six months as on the
date of occurrence of vacancy, shall be eligible to be considered.
(b) Composition of Empanelment Committee.- The State
Government shall constitute Empanelment Committee consisting of the PUNJAB GOVT. GAZ. (EXTRA), JUNE 20, 2023 2005
(JYST 30, 1945 SAKA)
following, namely:-
(i) a retired Chief Justice or a : Chairman
retired Judge of the Punjab
and Haryana High Court;
(ii) the Chief Secretary to the : Member
Government of Punjab;
(iii) a nominee of the Union Public : Member
Service Commission;
(iv) the Chairman or Nominee of the : Member
Punjab Public Service Commission;
(v) the Administrative Secretary, : Member-cum-
Department of Home Affairs and Convener
Justice, Punjab;
(vi) a nominee of Ministry of Home : Member
Affairs, Government of India; and
(vii) a retired Director General of Police, : Member
who has served as the Head of
Police Force in the State of Punjab.
(c) Panel size and selection criteria for preparation of panel.-
The Empanelment Committee shall prepare a panel of three senior
most Officers, out of the pool of eligible Officers, based on the
following selection criteria, namely:-
(i) selection shall be on the basis of their length of service, very good
record and range of experience for heading the police force; and
(ii) selection shall be made, on merit, from the pool of eligible Officers,
as per the zone of consideration.
Police (Head of Police Force) from amongst the panel of three Officers
recommended by the Empanelment Committee.
date of superannuation:
2006 PUNJAB GOVT. GAZ. (EXTRA), JUNE 20, 2023
(JYST 30, 1945 SAKA)
Provided that the State Government may relieve the Director General
of Police (Head of Police Force), so appointed, of his responsibilities
before completion of the period of two years, in the event of,-
(i) initiation of any action against him or her under the All India Services
(Discipline and Appeal) Rules, 1969; or
(ii) conviction by a court of law in a criminal case or where charges
have been framed against him or her by a court in a case involving
corruption; or
(iii) incapacitation by physical or mental illness or otherwise becoming
unable to discharge his or her functions as the Director General of
Police (Head of Police Force).
(3) In the event that the Director General of Police (Head of Police
Force), is relieved of his responsibilities in terms of the proviso to sub-
section (2) and till such time the State Government appoints a new Director
General of Police (Head of Police Force) in terms of sub-section (1), the (4) The provisions of this section shall prevail notwithstanding anything
contained in any judgement, order or decree of any Court.".
PUNJAB GOVT. GAZ. (EXTRA), JUNE 20, 2023
2007
(JYST 30, 1945 SAKA)
STATEMENT OF OBJECTS AND REASONS
'Public order' and 'police' appear in the 'State List' under the Seventh Schedule of the Constitution of India, 1950; and, are, thus, matters falling in the exclusive domain of the States.
The constitutional framework envisions a 'federal structure' – wherein the States are exclusively empowered, through its legislature, to enact laws concerning 'public order' and 'police'.
It is necessary to put in place a proper mechanism for selection/ appointment and removal of DGP (HoPF) which takes into consideration the peculiar challenges faced by the State of Punjab by virtue of being a border-State. In order to achieve this objective, it is proposed to amend Section 6 of the Punjab Police Act, 2007.
BHAGWANT MANN
Chief Minister, Punjab
____________
CHANDIGARH : RAM LOK KHATANA , THE 20th JUNE, 2023 SECRETARY.