Meghalaya Police Act, 2010
No: 7 Dated: Feb, 07 2011
THE MEGHALAYA POLICE ACT, 2010
ACT NO. 7 OF 2011
An Act to regulate the role, functions and management of police establishments and for matters relating thereto,
WHEREAS, in respect for and promotion of the human rights of the people and protection of their civil, political, social, economic and cultural rights, is the primary concern of the Rule of Law;
AND,WHEREAS, further 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 especially for vulnerable sections of Society including the minorities and responding to the democratic aspirations of citizens;
AND,WHEREAS, also such functioning of the police personnel needs to be professionally organised, service oriented, free from extraneous influences and accountable to law to make more efficient instruments for prevention and detection of crime;
AND,WHEREAS, further also it is expedient to redefine the role of the police, its duties and responsibilities, by taking into account the emerging challenges of policing and security of State, the imperatives of good governance, and respect for human rights;
AND, WHEREAS also it is essential to appropriately empower the police to enable it to function as an efficient, effective, people-friendly, impartial, transparent, honest, professional, accountable and responsive agency;
Be it enacted by the Legislature of the State of Meghalaya in the Sixty-first Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement:- (1) This Act may be called the Meghalaya Police Act, 2010.
(2) It extends to the whole of the State of Meghalaya.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, specify in this behalf.
2. Definitions:- (1) In this Act, unless the context otherwise requires, -
(a) “Act” means the Meghalaya Police Act, 2010;
(b) “Cattle” include and another domesticated animals like cows, buffalos, elephants, horses, asses, mules, sheep, goats and swine;
(c) “Core functions” mean duties related to sovereign functions of the State including arrests, search, seizure, crime investigation, crowd control and allied functions that can only be performed by the police as the agency of the State;
(d) “Headquarters Company” means a unit performing administrative and other support functions of Meghalaya Police Battalion including the India Reserve Battalion;
(e) “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;
(f) “Internal Security” means preservation of sovereignty and integrity of the State from disruptive and antinational forces from within the State;
(g) “Militant activities” include any violent activity of a group using explosives, inflammable substances, firearms or other lethal weapons or hazardous substance in order to achieve its political objectives;
(h) “Non-core police functions” means such functions which are not core functions as may be prescribed;
(i) “Organized crime” includes any crime committed by a group or a network of persons in pursuance of its common intention of unlawful gain by using violent means or threat of violence;
(j) “Place of public amusement and public entertainment” includes such places as may be notified by the State Government;
(k) “Police District” means the territorial area notified as administrative and revenue district;
(l) “Police Officer” means any member of the Meghalaya Police constituted under this Act;
(m) “Prescribed” means prescribed by rules under this Act;
(n) “Public place” means any place to which the police 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” means the Police Service constituted under this Act;
(r) “Service companies” mean units of the Meghalaya Police Battalions including India Reserve Battalions and District Armed Branch which are deployed for law and order and other duties in support of civil police/authorities;
(s) “Subordinate Rank” means all ranks below the rank of Assistant or Deputy Superintendent of Police; and
(t) “Terrorist activity” includes any activity of a person or a group using explosives or inflammable substances or firearms or other lethal weapons or noxious gases or 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 Meghalaya Interpretation and General Clauses Act 1972, the Code of Criminal Procedure 1973, the Indian Penal code 1860 and the Administration of Justice and Police Rules as applicable in the State.