PROTECT & SERVE   

SIKKIM   POLICE 

THE RIGHT TO INFORMATION ACT, 2005

Information under Section 4 (1) b of RTI Act, 2005 

Minister-in-Charge :    Dr. Pawan Chamling

                                          Hon’ble Chief Minister

Head of Department :    Shri C.M.Ravindran, IPS

                                          Director General of Police

Chapter 1

 Introduction 

1.1           Background : With a view to providing information to the common people about every public authority and to confer upon them the right of access to information about the functioning and to enable them to get details about the schemes of the Government implemented by various departments, "The Right to Information Act, 2005” was enacted by the Government of India. The Sikkim Police has brought out this manual for information and guidance of the general public. 

1.2           Objective of Manual : After the enactment of the Right to Information Act, 2005, the Section 4 (1) b contained therein has made it mandatory to every public authority to disclose on sue motto basis certain information to the general public. Hence this compendium with standardized information is published for easy access and understanding by the public. 

1.3           Intended Users : Citizens, civil society organizations, public representatives, officers and employees of public authorities including Public Information Officers and Assistant Public Information Officers and Appellate Officers, Central and State Information Commissions etc. 

1.4           Definition of key terms :  

(a)             “Core Functions” means duties related to sovereign functions of the State including arrest, search, seizure, crime investigation, crowd control and allied functions that can only be performed by the police as the agency of the State.

(b)            “Police District” means such area as may be declared to be a Police District by the State Government by notification under Section 8 of the the Sikkim Police Act, 2008 (Act No. 15 of 2008).

(c)            “Police Officer” means any member of the Police Service of the State.

(d)            “Station House Officer” means the Officer-in-Charge of Police Station of and above the rank of Sub-Inspector of Police. 

1.5           Contents :

·       Organization, Functions & Duties (Chapter 2)

·       Powers & Duties of Officers and Employees (Chapter 3)

·       Procedure Followed in Decision-making Process (Chapter 4)

·       Norms set for the Discharge of Functions (Chapter 5)

·       Rules, Regulations, Instructions, Manual and Records (Chapter 6) for Discharging Functions

·       Categories of Documents held by the Public Authority  under its Control (Chapter 7)

·       Arrangement for Consultation with, or Representation by, the Members of the Public in relation to the Formulation of Policy or Implementation thereof (Chapter 8)

·       Boards, Councils, Committees and other Bodies constituted as part of Public Authority (Chapter 9)

·       Directory of Officers and Employees (Chapter 10)

·       Monthly Remuneration received by Officers and Employees, including the System of Compensation as provided in Regulations. (Chapter 11)

·       Budget Allocated to Each Agency including Plans etc. (Chapter 12)

·       Manner of Execution of Subsidy Programmes (Chapter 13)

·       Particulars of Recipients of Concessions, Permits or Authorization Granted by the Public Authority (Chapter 14)

·       Information Available in Electronic Form (Chapter 15)

·       Particulars of Facilities available to Citizens for Obtaining Information (Chapter 16)

·       Names, Designations and other Particulars of Public Information Officers (Chapter 17) 

1.6           Getting additional information : The Police Department has appointed Shri Akshay Sachdeva, IPS, Deputy Inspector General of Police/Range as State Public Information Officer  who may be contacted in his office at Police Headquarters, NH 31-A, Gangtok personally or through phone No. 201420. 

1.7           Names & Addresses of key contact points : State Police Control Room, Police Headquarters, Gangtok (Sikkim) can be contacted on phone Nos. (03592) 202892/201566 for further information.

Chapter 2

Organization, Functions & Duties 

          The core functions and duties of the Police are:- 

(a)             to uphold and enforce the law impartially, and to protect life, property, human rights and dignity of the members of the public; 

(b)            to promote and preserve public order and prevent nuisances in public places; 

(c)             to protect internal security, to prevent and control terrorist activities, breaches of communal harmony, militant activities and other situations affecting Internal Security; 

(d)            to protect public properties including roads, railways, bridges, vital installations and establishments etc. against acts of vandalism, violence or any kind of attack; 

(e)             to prevent crimes, and reduce the opportunities for the commission of crimes through preventive action, intelligence gathering and community participation; 

(f)              to accurately register all complaints and take prompt follow up action thereon, after duly acknowledging the receipt of the complaint; 

(g)            to register and investigate all cognizable offences coming to their notice through such complaints or otherwise, duly supplying a copy of the First Information Report to the complainant, and where appropriate, to apprehend the offenders, and extend requisite assistance in the prosecution of offenders

(h)     to create and maintain a feeling of security in the community and as far as possible prevent conflicts and promote amity; 

(h)            to provide, as first responders, all possible help to people in situations arising out of natural or man-made disasters, and to provide active assistance to other agencies in relief and rehabilitation measures; 

(i)              to aid individuals who are in danger of physical harm to their person or property, and to provide necessary help and afford relief to people in distress situations; 

(j)              to facilitate orderly movement of people in public places, ensure their general safety and security, and regulate fairs, events and processions for the purpose; 

(k)            to control and regulate traffic on streets, roads and highways and generally in public places, and prevent obstruction; 

(l)              to collect intelligence relating to matters affecting public peace, and all kinds of crimes including social and economic offences and organized crime, communalism, extremism, terrorism and other matters relating to national security, and disseminate the same to all concerned agencies, besides acting as appropriate on it themselves; 

(m)         to take charge, as a Police officer on duty, of all unclaimed property, and take action for their safe custody and disposal in accordance with the procedure prescribed; 

(n)            to provide guards in accordance with the standing orders issued in this behalf for treasuries, lock ups and other locations as sanctioned by the Government from time to time; 

(o)            to provide escorts over prisoners or for valuables on accordance with standing orders issued by the Director General of Police from time to time; 

(q)     to perform such other functions as may be required in accordance with the Act in force and any other law for the time being in force.

Chapter 3

Powers & Duties of Officers and Employees 

          The Director General of Police holding the senior most position in the hierarchy of the Police Service of the State is responsible for the overall direction and supervision of the Police Service. He exercises such powers, perform such functions and duties, and have such responsibilities and such authority, as prescribed under Sikkim Police Act, 2008 and other laws in force.  

          The Department has various Branches with specific functions that are assisted by necessary Technical and Support services. The powers and functions of Head of Offices are delegated to the various Branch Heads namely, (i) Headquarters, (ii) Check Posts, (iii) Communication, (iv) Criminal Investigation Department, (v) Home Guards & Civil Defence, (vi) Fire & Emergency Services, (vii) Planning, Modernization & CSS, (viii) State Intelligence Department, (ix) Sikkim Armed Police, (x) India Reserve Battalion and (xi) District Police for four districts. 

          The administration of Police in a district is vested in the District Superintendent of Police who is primarily responsible for maintenance of public peace, maintenance of law and order, detection and investigation of crimes, security of VIPs and the public at large, police arrangements in various functions and regulation of traffic. 

          The main source of powers and duties of a Station House Officer (officer-in-charge) of a Police Station, which is a focal point of the organization, is the Criminal Procedure Code, 1973. The powers exercised by the SHO of any Police Station are also exercisable by the superior officers of the concerned jurisdiction. 

Chapter 4

Procedure Followed in Decision-making Process 

          The important decisions involving major policy matters are taken by the DGP with the approval of the Government. However, all other decisions are taken by the DGP on the recommendations of the subordinate officers after careful examination of the proposals. 

Chapter 5

Norms set for the Discharge of Functions 

          As in the case of all other Departments the Police Department also adheres to the norms of the State Government for discharge of administrative functions. However, for operational matters for policing it follows its own norms contained in Rules, Manuals and Standing Orders. 

Chapter 6

Rules, Regulations, Instructions, Manual and Records for Discharging Functions 

          As per the Constitution, the Police discharge the sovereign function of the state at various levels through various units. At the cutting edge level of Police Station, Criminal Procedural Laws, Evidentiary Laws, Major Penal Laws and other Central Enactments as extended to and enforced in the state of Sikkim are followed. 

          Sikkim Police is in the process of preparing a Police Manual which will be a compendium prescribing the details of roles and functions of various Branches of Sikkim Police. A high powered committee of experienced Police Officers is involved in the preparation of the Manual which is likely to be published shortly.    

Chapter 7

Categories of Documents held by the Public Authority under its Control 

          A Police Station is the focal point through which the various services are delivered directly to the citizens. The following main documents are maintained in a PS : 

(a) General Diary, (b) First Information Report, (c) Crime Register, (d) Malkhana Register, (e) Arms Register, (f) Missing Persons Register, (g) Arrest & Lock Up Register, (h) Unclaimed Property Register, (i) Unnatural Death Register, (j) Passport Verification Register, (k) Summons & Warrants Register, (l) Certificate of Identification/ Sikkim Subject Verification Register, (m) Property Attachment Register, (n) Village Crime Note Books etc. 

          All other crime related figures and details are centrally compiled by the State Crime Record Bureau under Criminal Investigation Department at Police Headquarters.

Chapter 8

Arrangement for Consultation with, or Representation by, the Members of the Public in relation to

the Formulation of Policy or Implementation thereof 

          The State Gov’t has established a State Police Board under the chairmanship of the Chief Minister and three independent members among others to facilitate the laying down of policies, evaluate performance and ensure the functional autonomy of State Police Service subject to the provisions of law. The State Police Board functions in the manner provided in the Sikkim Police Act, 2008. The Board meets as often as deemed necessary, but at least once in six months.

Chapter 9

Boards, Councils, Committees and other Bodies constituted as part of Public Authority 

The following are the important bodies constituted as part of Public Authority under the Sikkim Police Act, 2008. 

(a)             State Police Board : The Board shall facilitate the laying down of policies, evaluate performance and ensure the functional autonomy of the State Police Service subject to the provisions of law. The Board shall function in the manner provided in the Sikkim Police Act, 2008. 

(b)            State Police Establishment Committee : The Committee is responsible for approving all transfers and postings of officers below the rank of Dy. Superintendent of Police, issuing of general policy directions and Standing Orders on postings and transfers, hearing and disposing of appeals against transfer orders, recommending proposals for transfer of officers of the rank of Dy. Superintendent of Police and above to the State Government and making recommendations to the State Government with regard to representations in service matters. 

(c)             Police Accountability Commission : The Commission enquires into public complaints supported by sworn statement on oath against Police Officers for serious misconduct including violation of Human Rights. It performs various other functions as stipulated in Chapter XII of Sikkim Police Act, 2008. 

Chapter 10

Directory of Officers and Employees 

Chapter 11

Monthly Remuneration received by Officers and Employees, including the System of Compensation

as provided in Regulations

Chapter 12

Budget Allocated to Each Agency including Plans etc.