Governor clears ordinance fixing tenure of cops

India on 04 February 2014
Location : Mumbai, India | Source : Times of India Image Source:

A week after the cabinet's approval, governor K Sankaranarayanan on Monday promulgated an ordinance to provide for a fixed tenure of two years for police personnel, and setting up of a state security commission, four independent police establishment boards and a police complaints authority at the state and district level.

"By promulgating the ordinance, we have amended the Maharashtra Act, 1951, to streamline the police administration. Under the transfer law, the fixed tenure was three years earlier; however now, following the amendment, it has been reduced to two years," a senior bureaucrat told TOI.

As per provisions of the new ordinance, for IPS officers, the competent authority for general transfers shall be the chief minister, and for additional superintendent and deputy superintendent, home minister will be the competent authority. The establishment board, headed by additional chief secretary (home), will recommend to the government on the posting and transfer of officers of the rank of deputy superintendent and above, while the board headed by the DGP will recommend posting and transfer of officers of the rank of inspector. The board headed by either the commissioner or range inspector-general will recommend posting and transfer of officers of the rank of sub-inspector.

Notwithstanding the provisions, the state government will have powers to transfer any official even before completing his tenure if disciplinary proceedings are instituted or contemplated against him, s/he is convicted by a court of law, s/he faces allegations of corruption and s/he is found guilty of dereliction of duty.

This is the first time that a CM has given up his powers to transfer officials of the rank of deputy superintendent and additional SP and entrusted them to the home minister. "Since there was cold war between the CM and the home minister over the powers, CM agreed to give them up," the bureaucrat said.

The ordinance also provides for setting up a state police complaints authority, headed by a retired HC judge. The main task of the authority will be to suo motu or on a complaint inquire against a police personnel or on a complaint from the national or state human rights commission. look into the complaint of death in police custody, rape or attempt to rape, corruption, extortion and land/house grabbing issues.

"It shall be deemed to be a civil court and all proceedings before the authority shall be judicial," he said.

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