Assam Police Act, 2007
No: 20 Dated: Aug, 31 2007
THE ASSAM POLICE ACT, 2007
ASSAM ACT NO. XX OF 2007
An Act to provide for impartial and efficient Police Service safeguarding the interests of the people making the Police Force professionally organized, service oriented and accountable to the law.
Preamble:- Whereas it is the constitutional obligation of the State to provide impartial and efficient Police Service safeguarding the interests of the people with due regard to rule of law,
AND Whereas such functioning of the police personnel needs to be professionally organized, service oriented and accountable to law to make it more efficient instrument for the prevention and detection of crime;
AND Whereas it is expedient to redefine the role of the police taking into account the emerging challenges of policing and security of the State, the imperatives of good governance, and respect for human rights;
AND Whereas it is essential to appropriately empower the police to enable it to function as an efficient, effective, people-friendly and responsive agency;
AND Whereas, it is necessary for this purpose to enact a new law relating to the establishment and management of the Police Service;
It is hereby enacted in the Fifty eighth Year of the Republic of India as follows--
Chapter I
Preliminary: Definitions and Interpretations
1 - Short title, extent and commencement:- (1) This Act may be called the Assam Police Act, 2007*.
(2) It shall come into force on such date1 as the State Government may, by notification in the Official Gazette, specify in this behalf.
(3) It extends to the whole of the State of Assam.
2. Definitions:- (1) In this Act, unless the context otherwise requires,-
(a) "Act" means the Assam Police Act, 2007;
(b) the words "Magistrate of the District" shall mean the Chief Officer charged with the executive administration of Magistrate and exercising the powers of the Magistrate, by whatever designation the Chief officer charged with such executive administration is styled;
the word "Magistrate" shall include all persons within the general Police District, exercising all or any of the powers of a Magistrate;
(c) "cattle" include cows, buffaloes, elephants, camels, horses, asses, mules, sheep, goats and swine;
(d) "insurgency" includes waging of armed struggle by a group or a section of population against the state with a political objective including the separation of a part from the territory of India;
(e) "organized crime" includes any crime committed by a group or network of persons in pursuance of its common intention of unlawful gain by using violent means or threat of violence;
(f) internal security" means preservation of sovereignty and integrity of the State from disruptive and anti-national forces from within the State;
(g) "militant" activities shall include any violent activity of a group using explosives, inflammable substances, firearms or other lethal weapons or any hazardous substance in order to achieve its political objectives;
(h) "property" shall include any movable property, money; or valuable security;
(i) "person" shall include a company or corporation;
(j) "State Government" means the Government of Assam;
(k) "Police District" means the territorial area notified under Section 9 of Chapter II of this Act;
(l) "Police Officer" means any member of Assam Police Force constituted under this Act;
(m) "prescribed" means prescribed by rules made under this Act;
(n) "public place" means any place to which the public have access and includes:-
(i) a public building and monument and precincts thereof; and
(ii) any place accessible to the public for drawing water, washing or bathing or for purposes of recreation;
(o) "regulations" means regulations made under this Act;
(p) "rules" means rules made under this Act;
(q) "service companies" mean units of State Armed Police Branches and District Armed Reserve which are deployed for law and order and other duties in support of civil police;
(r) "service" means the Police Service constituted under this Act;
(s) "subordinate rank" means all ranks below the rank of Inspector of Police;
(t) "terrorist activity" shall include any activity of a person or a group using explosives or inflammable substances or firearms or other lethal weapons or noxious gases or other chemicals or any other substance of a hazardous nature with the aim to strike terror in the society or any section thereof, and with an intent to overawe the Government established by law:
Provided that any publication, document or communication to promote terrorist activities shall be deemed as terrorist activity.
(2) Words and expressions used in this Act but not defined specifically shall have the same meaning as provided in the General Clauses Act, 1897 (Central Act No. 10 of 1897), Code of Criminal Procedure, 1973 (Central Act No.2 of 1974), and the Indian Penal Code 1860 (Central Act No. 45 of 1860), and Assam General Clauses Act, 1915 (Assam Act 2 of 1915).
Chapter II
Constitution and organization of the Police Force
3 - One Police Force of the State:- (1) There shall be one Police Force for the State; Members of the Police shall be liable for posting to any branch of the Force in the State, including any of its specialized wings.
(2) The entire police establishment under the State Government shall, for the purpose of this Act, be deemed to be one Police Force and shall be formally enrolled and shall consist of such members of officers and men, and shall be constituted in such manner, as shall from time to time be ordered by the State Government.