THE DELHI SPECIAL POLICE ESTABLISHMENT
ACT, 19461
(25 of 1946) As amended by the Central Vigilance
Commission Act, 2003 (45 of 2003) (19thNovember,
1946) |
An Act to make provision for
the constitution of a special police force2 (in Delhi for the
investigation of certain offences in 3(the Union Territories)), for
the superintendence and administration of the said force and for the extension
to other 4(***) of the powers and jurisdiction of members of the said
force in regard to the investigation of the said offences. Whereas it is
necessary to constitute a special police force 2(in Delhi for the
investigation of certain offences in 3(the Union territories) and to
make provision for the superintendence and administration of the said force and
for the extension to other areas 4(***) of the powers and
jurisdiction of the members of the said force in regard to the investigation of
the said offences;
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It is herby enacted as follows:- |
Short title and extent.- (1) This Act may be called
the Delhi Special Police Establishment Act, 1946. |
(2) It extends to 5(the whole of India)
6(***). | |
__________________ |
1. The Act
has been extended to the new Provinces and Merged States by the Merged States
(Laws) Act, 1949 (59 of 1949), Sec.3 (w.e.f.1-1-1950) and to the Union
Territories of Manipur, Tripura by the Union Territories (Laws) Act, 1950 (30 of
1950) sec. 3 (16-4-1950). Vindhya Pradesh, to which this Act was extended, now
forms part of the State of Madhya Pradesh-See Act 37 of 1956, sec. 9(1)(e)
(1-11-1956). Manipur and Tripura are also States now-see Act 81 of 1971. This
Act has now been extended to the Union Territories of- |
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i. Goa, Daman and Diu by Reg. 12 of 1962
(27-12-1962); Goa is now a State. |
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ii. Dadra and Nagar Haveli by Reg. of 1963
(1-7-1965); |
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iii. Pondicherry by Reg. 7 of 1963 (1-10-1963);
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iv. Laccadive, Minicoy and Amindivi Islands by Reg.8
of 1965. Now known as Lakshdweep Islands-See Act 34 of 1973.
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The Act has been
applied to the Union Territory of Himachal Pradesh with effect from
25-12-1948-See the Himachal Pradesh (Application of Laws) Order, 1948, published
in the Gazette of India, 1949, Pt. I, Sec.I. p.87: Himachal Pradesh is now a
State-Act 53 of 1970. |
Before 1950, the Act
was applied to- |
|
i. Darjeeling District-See Calcutta
Gazette 20-3-1947, Pt I, p.470. |
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ii. Darjeeling District-See Calcutta
Gazette 20-3-1947, Pt I, p.470. |
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iii. Khasi States including Shillong
administered area- See Assam, Gazette, 7-12-1949, Pt.II, P.1761. Now
forming part of Meghalaya State- See act 55 of 1969, Sec. 3
(2-4-1970) |
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2. Subs. By Act 26 of 1952, Sec. 2 for "for the State of Delhi for
the investigation of certain offences committed in connection with matters
concerning Departments of the Central Government". |
3. Subs. By A.L.O. 1956. for "Part C
States". |
4. The words
"in the States" omitted by Act 3 of 1951, Sec. 2 and Sch. (w.e.f.
1-4-1951) |
5. Subs. By
A.L.O. 1950, for "all the Provinces of India." |
6. Subs. by Act 3 of 1951 and omitted by Act 62
of 1956, Sec.2 and Sch. |
1[1 A.
Interpretation section. " Words and expressions used herein and not defined
but defined in the Central Vigilance Commission Act, 2003, shall have the
meanings, respectively, assigned to them in that Act.] |
2. Constitution and powers of police establishment. "
(1) Notwithstanding anything in the Police Act, 1861 (5 of 1861), the Central
Government may constitute a special police force to be called the Delhi Special
Police Establishment 2[***] for the investigation 3 [in any 4 [Union territory]]
of offences notified under section 3. |
2)
Subject to any order which the Central Government may make in this behalf,
Members of the said police establishment shall have throughout 5 [any 4[Union
territory]] in relation to the investigation of such offences and arrest of
persons concerned in such offences, all the powers, duties, privileges and
liabilities which police officers of 6[that Union territory] have in connection
with the investigation of offences committed therein. |
(3) Any member of the said police establishment of or above the
rank of Sub-inspector may, subject to any orders which the Central Government
may make in this behalf, exercise in 5[any 4[Union territory]] any of the powers
of the officers in charge of a police station in the area in which he is for the
time being and when so exercising such powers shall, subject to any such orders
as aforesaid, be deemed to be an officer in charge of a police station
discharging the functions of such an officer within the limits of his
station. |
3. Offences to be investigated by
special police establishment. " The Central Government may, by notification
in the Official Gazette, specify the offences or classes of offences 7[***]
which are to be investigated by the Delhi Special Police Establishment. |
8[4. Superintendence and administration of Special
Police Establishment. " (1) The Superintendence of the Delhi Special Police
Establishment insofar as it relates to investigation of offences alleged to have
been committed under the Prevention of Corruption Act, 1988 (49 of 1988), shall
vest in the Commission. |
__________________ |
1. Ins. by Act 45 of 2003. sec. 26 (w.e.f.
11-9-2003)
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2. The words "for
the State of Delhi" omitted by Act 26 of 1952, sec. 3, (w.e.f.
6-3-1952).
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3. Subs. by Act 26
of 1952, sec. 3 for "in that state" (w.e.f. 6-3-1952).
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4. Subs. by A.L.O. 1956, for "Part C
State".
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5. Subs. by A.L.O.
1956, for "the State of Delhi".
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6. Subs. by A.L.O. 1956, for "that State".
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7. The words "committed in connection with matters
concerning Departments of the Central Government" omitted by Act 26 of 1952,
sec. 5 (w.e.f. 6-3-1952).
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8.
Subs. by Act 45 of 2003, sec. 26 (w.e.f. 11-9-2003), for section 4
"Superintendence and administration of special police establishment. "
(1) The Superintendence of the Delhi Special Police Establishment shall vest in
the Central Government.
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(2)
The administration of the said police establishment shall vest in an officer
appointed in this behalf by the Central Government who shall exercise in respect
of that police establishment such of the powers exercisable by an
Inspector-General of Police in respect of the Police force in a State, as the
Central Government may specify in this behalf."
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(2) Save as otherwise provided in sub-section (1),
the superintendence of the said police establishment in all other matters shall
vest in the Central Government.
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(3) The administration of the said police establishment shall
vest in an officer appointed in this behalf by the Central Government
(hereinafter referred to as the Director) who shall exercise in respect of that
police establishment such of the powers exercisable by an Inspector-General of
Police in respect of the police force in a State as the Central Government may
specify in this behalf.
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4
A. Committee for appointment of Director.-(1) The Central Government shall
appoint the Director on the recommendation of the Committee consisting of
:-
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(a) the Central Vigilance Commissioner |
Chairperson |
(b) Vigilance Commissioners |
Members |
(c) Secretary to the Government of India in-charge of the
Ministry of Home Affairs in the Central Government |
Members |
(d) Secretary (Co-ordination and Public Greivances the
Cabinet Secretariat |
Member |
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(2) While making any recommendation
under sub-section (1), the Committee shall take into consideration the views of
the outgoing Director.
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(3)
The Committee shall recommend a penal of officers-
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(a) |
On the basis of seniority, integrity and experience in
the investigation of anti-corruption cases; and |
(b) |
Chosen from amongst belonging the Indian Police Service
constituted under the All-India Services Act, 1951 (61 of 1951), for being
considered for appointment as the
Director. | |
Comments |
The
Director is to be appointed by the Central Government on the recommendation of
the Committee consisting of (i) the Central Vigilance Commissioner as
Chairperson, (ii) Vigilance Commissioners as Members, (iii) Secretary to the
Government of India incharge of the Ministry of Home Affairs in the Central
Government as Member (iv) Secretary Coordination and Public Grievances in the
Cabinet Secretariat as Member.
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4B. Terms and Conditions of service of Director- (1) The
director shall notwithstanding anything to the contrary contained in the rules
relating to his conditions of service, continue to hold office for a period of
not less than two years from the date on which he assumes
office
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(2) The Director shall
not be transferred except with the previous consent of the Committee referred to
in sub-section (1) of section 4 A.
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4C. Appointment for posts of Superintendent of Police and
above, extension and curtailment of their tenure, etc. "(1) The
Committee referred to in section 4A shall, after consulting the Director,
recommend officers for appointment to the posts of the level of Superintendent
of Police and above and also recommend the extension or curtailment of the
tenure of such officers in the Delhi Special Police
Establishment.
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(2) On receipt
of the recommendation under sub-section (1), the Central Government shall pass
such orders as it thinks fit to give effect to the said recommendation.
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5. Extension of powers and
jurisdiction of special police establishment to other areas- (1) The Central
Government may by order extend to any area (including Railways areas),
1[in 2[a State, not being a Union territory]] the powers
and jurisdiction of member of the Delhi Special Police Establishment for the
investigation of any offences or classes of offences specified in notification
under section 3.
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(2) When by
an order under sub-section (1) the powers and jurisdiction of members of the
said police establishment are extended to any such area, a member thereof may,
subject to any orders which the Central Government may make in this behalf,
discharge the function of a police officer in that area and shall, while so
discharging such functions, be deemed to be a member of a police force of that
area and be vested with the powers, functions and privileges and be subject to
the liabilities of a police officer belonging to that police
force.
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3[(3) Where
any such order under sub-section (1) is made in relation to any area, then,
without prejudice to the provisions of sub-section (2) any member of the Delhi
Special Police Establishment of or above the rank of Sub-Inspector may subject
to any orders which the Central Government may make in this behalf, exercise the
powers of the officer in charge of a police station in that area and when so
exercising such powers, shall be deemed to be an officer in charge of a police
station discharging the functions of such an officer within the limits of his
station.]
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4[6.
Consent of State Government to exercise of powers and jurisdiction. _ Noting
contained in section 5 shall be deemed to enable any member of the Delhi Special
Police Establishment to exercise powers and jurisdiction in any area in
5[a State not being a Union Territory or railways area], Without the
consent of the Government of that State.]
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7[6A. Approval of Central Government to conduct
inquiry or investigation.-(1) The Delhi Special Police Establishment shall
not conduct any enquiry or investigation into any offence alleged to have been
committed under the Prevention of Corruption Act,1988 (49 of 1988) except
with the previous approval of the Central Government where such allegation
relates to " |
__________________
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1.
Subs. By Act 26 of 1952,sec.5 for "in Indian out side the State of
Delhi"(w.e.f. 6-3-1952).
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2. Subs.
By A.L.O. 1956 for "a Part of A State of a Part B state".
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3. Ins. By Act 40 of 1964, sec.5 (w.e.f.
18.12.1964).
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4. Subs by Act 26 of
1952, sec 6 for section 6 (w.e.f. 6.3.1952).
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5. Subs. By A.L.O. 1956, for "a Part A State or a Part B State not
being a railway area".
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6. See S.O.
11, Gazette of India, 1971,Pt.II, Sec. 3(ii)p. 18 for such a
notification.
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7. Ins. By Act 45 of
2003, sec. 26(w.e.f. 11.9.2003)
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(a) the employees of the Central Government of the Level of Joint
Secretary and above ;and
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(b)
such officers as are appointed by the Central Government in corporations
established by or under any Central Act, Government Companies, Societies and
local Authorities owned or controlled by that Government.
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(2) Notwithstanding anything contained in
sub-section (1), no such approval shall be necessary for cases involving arrest
of a person on the spot on the charge of accepting or attempting to accept any
gratification other than legal remuneration referred to in clause (c) of the
Explanation to section 7 of the Prevention of Corruption Act, 1988 (49 of
1988.]
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Comments |
Without the previous approval of the
Central Government the Delhi Special Police Establishment cannot conduct any
inquiry or investigation into any offence alleged to have been committed under
the Prevention of Corruption Act, 1988, where the employees of the Central
Government are of the level of Joint Secretary and above.
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Repeal of Ordinance 22 of 1946.- [Rep. By the
Repealing and Amending Act, 1950 (35 of 1950), sec.2 and Sch.
I.] |
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