POLICE REGULATIONS, BENGAL. PART 17

V.—FINGER PRINT BUREAU.

  1. (a) The principal duties of the bureau are—
  • to test, classify, index and arrange slips received for record;
  • to search slips received for search and communicate results;
  • to intensify prints, on exhibits received and have photo prints taken for comparison;
  • to examine and test all work connected with the finger print system at central and district jails.
  • to eliminate slips in accordance with the provisions of regulation 646.
  • The officer-in-charge is responsible for the maintenance of efficiency of the bureau and for controlling the movements of experts and dealing with all questions arising from points brought to notice by experts in course of their visits to districts and jails.
  • The staff of the bureau shall consist of officers not below the rank of Sub-Inspector who are experts holding certificates of efficiency as laid down hi regulation 652.
  1. (a) The staff of the bureau shall receive increments of pay as laid down in regulation 775.
  • The senior experts employed in the bureau will be granted the honorary rank of Inspector on completion of 21 years service in the Police Department and 12 years in the bureau on the distinct understanding that the privilege conferred does not imply any kind of financial consideration. They will enjoy all other privileges of Inspectors in the- regular cadre.
  1. (a) Finger print slips received for record shall be tested, classified, indexed and arranged by experts. The classification and arrangement shall be done in accordance with the instructions contained in the Finger Print Companion written by Rai H. C. Basu Bahadur.
  • All slips received for search should be returned with a report on the counterfoil of the search slip as early as possible.
  • Slips submitted for search, in which the prints have not been taken in the proper sequence, or are so blurred as to render classification impossible, should be returned without search and fresh slips demanded.
  • Every slip received for record shall be carefully scrutinized before being classified, tested and recorded, and if found deficient in any respect shall be returned with an objection slip (B. P. Form No. 138) for the submission of an amended or fresh slip.
  • This slips of persons reported to have died in jail shall be removed from the record and destroyed at once. In all other cases of reported death the date of the death report shall be marked in red ink across the slip, which shall remain in the record for another two years when it will be removed and destroyed.
  1. In addition to other removals, all slips should come under examination periodically to see if they can safely be removed after such- reference to the local police officers as may be deemed necessary. The following rules shall be observed in eliminating slips from the records: —
  • The slips of all persons who are not members of a criminal tribe and who are not professional poisoners, note-forgers, coiners, arms-smugglers, dacoits or swindlers shall ordinarily be removed 10 years after the expiry of the last sentence.
  • The slips of all persons not dealt with under clause (i) and those of seamen convicted of arms smuggling shall be removed on their attaining the age of 70 years, but in the case dacoits a reference should be made to their home districts if they happen to be identified or to the district of last conviction, if unidentified.
  • In the case of a slip that is on record in more than one bureau, the decision as to its removal under clause (i) shall rest with the bureau of the province in which the person’s home is situated. Intimation of such removal and of any death removal shall be sent by that bureau to the other bureaux in which slip is on record.
  1. Superintendents of Jails shall, not later than the second lease notices week of each month, send to the Deputy Inspector-General, Criminal Investigation Department, direct, after filling in the release portions, the duplicate P.R. slips issued under the second paragraph of regulation 501, of all prisoners convicted under sections 395, 396, 397, 399,

400, 401, 402 and 412 of the Indian Penal Code, who are due for release in the following month.

On receipt of the intimation the Assistant to the Deputy Inspector-General such arrange to have them photographed in accordance with regulation 636 and publish illustrated supplements to the Criminal Intelligence Gazette where necessary as laid down in regulation 72.

  1. On receipt of a report that a person whose finger prints are on record has been declared a proclaimed offender, or has escaped from jail or from lawful custody, or has absconded after committing some offence, or has evaded surveillance or has been lost sight of, a red slip in the form below will be attached to the slip, so that immediate information may be given to the police by whom the absconder is wanted, in the event of such absconder’s finger prints being subsequently received for search. In such cases a copy of the red slip, together with the absconder’s classification number, will be sent by the bureau receiving the report to the other bureaux in which the absconder’s finger prints are on record, if no report of such absconding has already been made to them by the District Police:—

ABSCONDER.

Name……………………………………………………….

Case for which wanted, date, warrant, etc.

Intimation of arrest to be sent to………………………………………………………….

  1. Superintendents, of Jails shall, not later than the second week of each month, fill in the release portion of the duplicate P. R. slips issued under regulation 501 in the case of non-Asiatic prisoners due for release in the following month and send the same direct to the Deputy Inspector-General, Criminal Investigation Department, after noting therein the date, route, boat, etc., on or by which such prisoners would be travelling in order that such information may be sent to the Director, Intelligence Bureau, Government of India, for transmission to the country of their origin.
  2. (a) The Finger Print Bureau shall send prompt intimation to the district concerned whenever a member of a registered criminal tribe or a convict admitted to a lunatic asylum is traced in the bureau.

(b) In the case of P. R. convicts sent to a lunatic asylum from a jail, this fact shall be noted in the F. P. slips by the Finger Pont Bureau on receipt of intimation direct from jail.

  1. One Sub-Inspector from each of the Dacca and Bakarganj Ranges and two-Sub­Inspectors from each of the remaining three Ranges will be deputed annually to the bureau for a ten months’ course of training.

The number to be deputed from each Range may, however, be altered with the sanction of the Inspector-General provided that the total sanctioned number to be trained is not exceeded.

651A. Three Sub-Inspectors, two of whom in Handwriting and one in Ballistics along with Footprint and Photography, will be trained each year at a time for a period of nine months.

  1. (a) Certificates of efficiency shall only be granted by the Assistant to the Deputy Inspector-General, Criminal Investigation Department, to officers who have undergone a thorough certificates in the Finger Print Bureau and have passed the test laid down by the head of that office, under the personal supervision of the Assistant to the Deputy Inspector General.
  • Certificates so granted shall remain in force for three years only from the date of issue and can only be renewed if the officers holding them return to the Finger Print Bureau for a period of not less than one week, and satisfy the Assistant to the Deputy Inspector-General that they have retailed their knowledge and are still fit to hold the certificate. It shall not be necessary for officers attached to the bureau to renew their certificates of efficiency after three years.
  • Certificate of efficiency shall be granted by the Deputy Inspector-General of Police, Criminal Investigation Department, to officers who have passed in the final test in Handwriting and Ballistics. Certificate so granted shall remain in force for three years only from the date of issue and can only be renewed if the officers holding them return to the Handwriting, Ballistics and Footprint Sections for a period of one week and satisfy the Deputy Inspector-General of Police that they have retained their expertise and are fit to hold the certificate. This will, however, not apply to officers who are attached to these Sections.
  1. Experts from the Finger Print Bureau shall be deputed regularly to examine and test all work connected with the print system at central and district
  2. (a) The experts shall (i) test F.P. slips prepared by proficient, see that all particulars recorded thereon are correct and complete, especially details of previous convictions, and note and initial the work “tested” in the jail admission register, on the back of the P. R. slips, and on the history ticket; (ii) prepare fresh EP slips of prisoners whose slips bear blurred or indistinct impressions; (iii) see that finger prints have been taken of all P.R. prisoners, and that the necessary endorsements have been made on the P.R. slips and history ticket, and in the jail admission register; (iv) see that, in the case of prisoners transferred to other jails, P.R. slips or untested F.P. slips have been forwarded to the district concerned; (v) see that, in the case of admissions by transfer, P.R. slips or untested F.P. slips have been duly received; (vi) scrutinize the court conviction register, the register of unidentified prisoners, the book of P.R. slips, the despatch cheque book and the files of jail parade reports and release notices, and see that all necessary steps in respect of these records have been duly taken. All errors and omissions shall be brought to the notice of the Superintendent.

(b) The experts shall instruct local officers in taking in deciphering finger prints.

  1. Experts shall submit a muffasil diary in duplicate in B. P. Form No. 18 describing their movements and work to the Assistant to the Deputy Inspector General, Criminal Investigation Department, through the Superintendent of the district concerned. Superintendents shall forward one copy of the diary with their remarks on all points requiring explanation, and retain the other which, when all action is complete, shall be kept in a separate file to enable subsequent touring experts to check the correction of irregularities previously noticed and to facilitate the inspection of P.R./F.P. work by superior officers.
  2. (a) Experts may be cited as witnesses to prove previous convictions of under-trial prisoners only when the ordinary methods fail, but they shall not be so cited by subordinate police officers without the sanction of the Superintendent. An expert can only prove identity under sections 45 and 73 of the Indian Evidence Act, 1872, when jail warders, police officers and complainants and witnesses in previous cases can prove both identity and previous convictions.
  • Finger Print Experts employed in districts may dispose in court as laid down in regulation 498.
  • If no certificate expert can be procured locally to give evidence, application shall be made to the Deputy Inspector-General, Criminal Investigation Department, who will arrange for the attendance of a certificated expert from the Finger Print Bureau.
  • Any case in which a Magistrate declines to accept the uncorroborated evidence of the finger print expert shall be brought to the notice of the Deputy Inspector-General, Criminal Investigation Department, and if the Magistrate in the judgment has made any comment on the subject, a copy of the judgment shall accompany the report.
  1. All covers containing papers concerning finger prints and questions arising there form shall be marked “F. P. B.” in conspicuous characters and addressed to the different bureaux as shown in Appendix XXXIV.

CHAPTER X. Establishments.

  1. (a) The strength and distribution of the Indian Police and of the Bengal Police Service

cadres shall be shown in the “Gradation List of Police Officers in Bengal” which is published periodically.

(b) The cadres for Inspectors, of all branches, and for Sergeants shall be shown on a provincial basis in separate parts of a gradation list which is printed in April each year and maintained up to date in the office of the Inspector-General.

  • The cadre for Sub-Inspectors of the Criminal Investigation Department and of the Intelligence Branch shall be shown in a gradation list printed in April each year and maintained by the Deputy Inspector-General, Criminal Investigation Department and Intelligence Branch.
  • There shall be in each Range a cadre for Sub-Inspectors, in all branches of the District and Railway Police, serving in the districts within it: this cadre will be shown in a gradation list which shall be printed in April each year and maintained up to date in the office of the Deputy Inspector-General.
  • There shall be for each district separate cadres for (i) Sub-Inspectors, (ii) Assistant Sub­Inspectors, (iii) head constables, (iv) naiks and (v) constables, both of the Unarmed Police and of the Special Armed Force, which shall be shown in the district gradation list maintained under regulation 913.
  1. (a) The police establishment of each district is based on a calculation of the actual number of officers required for every duty for which proper authority exists together with a casualty reserve as explained below.
  • When transferring Sub-Inspectors from one district to another within the Range the Deputy Inspector-General shall see that proportionate numbers of senior and junior officers are kept in each district.
  • The numbers of officers of different ranks in each district, whether of the Unarmed Police or of the Special Armed Force, who are assigned to the various duties for which proper authority exists, shall be shown in allotment statements which are prepared in the office of the Inspector- General and printed periodically. All changes shall be noted in these statements by the Superintendent concerned as soon as he is informed of them.
  1. (a) The reserve for the Indian Police Service is provided in the rank of Assistant Superintendent for leave, deputation and training.
  • In the rank of Sub-Inspector there is in the Unarmed Police—
  • a casualty reserve calculated at 14 per cent. of the sanctioned number of Deputy

Superintendents, Indian Inspectors and Sub-Inspectors, in the district, and intended to provide for vacancies caused by leave granted to such officers and not by any other casualties, and

  • a reserve for replacing probationers under practical training.
  • There is a casualty reserve in the rank of Sergeant, allotted on a Range basis and calculated at a fixed percentage of the sanctioned number of European Inspectors and Sergeants to provide for vacancies caused by leave granted to such officers.
  • In the Special Armed Force there is no casualty reserve in the rank of Sub-Inspector.
  • At the Police Training College there is no casualty reserve in the rank of Sub-Inspector.
  • In the rank of constable there is casualty reserve calculated at a percentage (which varies with the healthiness of the district) of the sanctioned number of Assistant Sub-Inspectors, head constables and constables. It provides for all vacancies in the ranks of such officers, whether caused by the grant of leave (including hospital leave) or by any other casualty such as training at the Training College, suspension, or (until new appointment are made) retirement~ death, resignation and dismissal.
  1. (a) Without a reference to the Deputy Inspector-General of the Range a Superintendent shall not make any permanent change in the number of officers allotted for any prescribed duty or to any police-station in the district or undertake any new duties of a permament nature.
  • If a Superintendent considers it necessary either of his own motion or at the request of the District Magistrate, to undertake any new duty of a permanent or recurring nature for which no provision exists in the allotment statement, he shall at once report the facts to the Deputy Inspector-General and apply for the necessary increase of the force. if the matter is urgent he shall furnish the necessary force from the existing strength pending the receipt of orders from the Deputy Inspector-General.
  • These orders do not prohibit the employment—
  • of the Unarmed Police on any temporary duty which although not shown in the allotment statement, falls within the sphere of legitimate police work, or
  • of the Special Armed Force in any part of the district for the preservation of law and order, but the Superintendent shall submit a report to the Inspector-General through the Deputy Inspector-General of the Range if he finds it necessary to employ a detachment of the Special Armed Force away from headquarters continuously for six months.

Explanation. —In this regulation “permanent” means for more than six months.

  1. If the actual strength of any rank exceeds the sanctioned scale in any district and the excess cannot be adjusted against scale, vacancies in the next higher rank, the Superintendent shall report the circumstances to the Deputy Inspector-General, who shall either adjust the excess against deficiencies in other districts of his Range or, if this is not possible, report the facts to the Inspector-General. The Inspector-General is authorised to sanction any excess in a district scale provided that the provincial scale is not exceeded.
  2. (a) The Inspector-General shall, from time to time, notify for each district in the Police Gazette the number of officers of each rank in the Unarmed Police who shall constitute a mobilization contingent available under his control for use in emergencies in any part of the province.

(b) In each district the number of officers of each rank to be supplied from each police- station or subordinate post shall be specified in the standing mobilization orders (B. P. Form No. 139) which shall be kept in the Superintendent’s office and of which every Inspector in the district shall have a copy.

  • The Superintendent shall from time to time select officers who shall form the mobilization contingent. He shall take care that the Sub-Inspector selected have the requisite qualifications for such commands and that the men are those most likely to be suitable; if the Special Armed Force of the district is not composed of Gurkhas or Garhwalis, he should select men who have recently served in the Special Armed Force. All selections shall be communicated to the officer-in-charge of each police-station concerned in B. P. Form No. 140.
  • Against the name of each officer selected for the mobilization contingent there shall be entered ink the letter “M”—
  • in the register of disposition of force (B. P. Form No. 171) and in the gradation list (B. P. Form No. 173) kept in the Reserve office, and
  • in the disposition list kept in each police-station.
  • Whenever an officer selected for the mobilization contingent is transferred or otherwise becomes unavailable, the officer-in-charge of the Reserve office shall report the fact to the Superintendent who shall make a fresh selection under clause (c).
  • In order not to deplete the staff of individual police-stations, an officer who orders a partial mobilization should consider the desirability of calling up only a portion of the prescribed contingent from a large number of police-stations instead of the full contingent from a few.
  • When only a part of the contingent is to be mobilized, the Superintendent himself shall choose from the names marked “M” in the disposition list, the officers who are to be sent from different police-stations and shall cause their names to be entered in the district order book.
  • Mobilization orders issued to police-stations shall state clearly—
  • the names of the officers to be sent, if the mobilization is partial only;
  • the place to which they shall proceed. which shall ordinarily be the headquarters of the district;
  • the officer to whom they shall report themselves; and
  • whether they are to be armed.
  • On receipt of mobilization orders the officer-in-charge of a police-station shall supply the officers required from it; if any such officer is not available, a substitute shall be supplied, unless the mobilization is for the annual training.
  • If a Superintendent needs additional officers for patrols as an emergency preventive measure when there is a serious outbreak of dacoity in the district, he may order mobilization of Assistant Sub-Inspectors and constables only: supervision of the officers employed on patrol duty should be left to the Inspectors and the officers-in-charge of police-stations where they are so employed.
  • (i) When in any emergency, after all the force available in his district has been mobilized, a Superintendent considers reinforcements to be necessary, he shall submit to the Deputy Inspector-General of the Range an application for them, which shall be accompanied (or, if the application is by telegram, shall be followed immediately) by a memorandum stating why reinforcements are necessary and how he has utillised his own force to meet the emergency. He shall forward a copy of the application and of the memorandum to the Inspector-General for information.

(ii) When a Superintendent considers in a grave emergency that the force available in his district is inadequate, he may call upon the Superintendent of a neighbouring district for immediate assistance; but he should at once report any such action to the Deputy Inspector- General of the Range who shall keep the Inspector-General informed.

  • A Deputy Inspector-General may order mobilization in any district, and with the consent of the District Magistrate may utilise its contingent within any other district within his Range. He shall keep the Inspector-General informed of all extensive measures of mobilization within his Range, and shall report to him any refusal of consent by a District Magistrate.
  • If a Deputy Inspector-General cannot find sufficient officers

in his Range to deal with an emergency within it, he shall apply to the Inspector-General for assistance from districts of other Ranges.

  • The training of mobilization contingents is governed by regulation 795.
  1. (a) Notwithstanding the provisions of regulation 685 a Superintendent, when called on by the Superintendent or District Magistrate of a neighbouring district or by the Commissioner for immediate assistance in a grave emergency, may move all or part of his emergency force beyond the limits of the district even though he has not received orders from the Deputy Inspector- General of the Range: but if he does so, he shall at once inform the District Magistrate and report the facts to the Deputy Inspector-General, who shall keep the Inspector-General informed.

(b) When a Superintendent is ordered by the Deputy Inspector-General of the Range in an emergency to send reinforcements to another district, he shall in the first place, with the permission of the District Magistrate, depute officers immediately from his emergency force and after a week, if they are still absent (or at once, if he considers this desirable), shall mobilise and call in to headquarters an equivalent number of officers from police-stations or subordinate posts. If the District Magistrate refuses permission, the Superintendent shall report the fact by telegram to the Deputy Inspector-General.

  1. (a) Notwithstanding the provisions of regulation 685 the Inspector-General has full authority to withdraw from any district, for special or emergent duty anywhere outside it-
  • all or part of the Special Armed Force, and
  • all or part of the sanctioned allotment of any police-station or subordinate post.
  • (i) Except in sudden emergencies when the necessity for the employment of extra police could not be foreseen, the Inspector-General shall not withdraw any part of the sanctioned allotment under clause (a) (ii) without giving reasonable notice of his intentions to the District Magistrate and securing his consent.

(ii) If the District Magistrate objects to the intentions of the Inspector-General, he shall refer the question to the Divisional Commissioner; and, if the Divisional Commissioner does not agree with the Inspector-General the latter shall accept the Commissioner’s opinion or shall refer the matter to the Provincial Government,

  • When the Inspector-General has in a sudden emergency withdrawn police from the sanctioned allotment of any police-station or subordinate post under clause (a) (ii) without securing the consent of the District Magistrate, he shall at once give intimation of his action to him to the Divisional Commissioner.
  1. (a) The supply of a permanent police guard to a Government Department or to a private party requires the sanction of the Provincial Government. Every application for such a guard shall forthwith be submitted to the Inspector-General with the opinions of the Superintendent and the Deputy Inspector-General of the Range as to the necessity of the guard.
  • Permanent police guards supplied to banks, to railways other than State Railways and to other non-Government concerns shall be considered as part of the regular establishment employed on normal duties and not as additional police appointed under section 13 or 14 of the Police Act, 1861 to keep the peace. Credits for the cost of these guards will be treated as provincial receipts, recoveries being made by the Accountant-General.
  • The Superintendent may at his discretion supply to another Government Department or, subject to regulation 669, to a private party such temporary police guards as he thinks necessary, provided that, if he proposes that such guards should be in excess of the sanctioned allotment of the district, he must obtain the sanction of the Provincial Government through the Deputy Inspector-General of the Range and the Inspector-General. An application for such sanction shall be submitted in a self-contained report, which shall state—
  • the reasons for the entertainment of extra police;
  • the number of such police to be entertained;
  • the period for which they are expected to be required; and
  • an estimate of the Cost.
  1. All applications for additional police under section 15 of the Police Act, 1861, shall be drawn up by the Superintendent in a report which shall be submitted to the Provincial Government through District Magistrate, the Deputy Inspector-General of the Range, the Commissioner of the Division and the Inspector-General. In cases of emergency the District

Magistrate shall sbumit copies of the report simultaneously to the officers named above and to the Provincial Government.

The conditions under which the employment of additional police is admissible are laid down in section 15 of the Police Act, 1861, and the report should show clearly that those conditions exist, and the extent to which the existing police force has proved inadequate. Brief accounts of specific instances of lawlessness should also be given, while the area m which the force is to be posted should be precisely specified. A draft proclamation should accompany the application and the letter should state roughly the cost of the force to be employed and the duration of its employment. In calculating the cost all the items mentioned in Appendix XXXV should be taken into account together with the average pay of each rank. Constables of this additional force should always be of the Special Armed Force and their average pay will therefore include the special pay of that force.

As soon as possible after the Provincial Government has decided that the area in such a disturbed or dangerous state that the appointment of a certain force of additional police is necessary, a further report should be submitted to the Provincial Government, through the same, channels, recommending what portion of the force should be paid for by the local inhabitants and what inhabitants should be exempted. To enable the Provincial Government to appreciate the incidence of the charge, the union board or chaukidari assessments of the persons who are to bear the cost should be reported.

Immediately after the force is actually employed an estimate of the cost likely to be incurred should be submitted by the Superintendent to the Inspector-General through the District Magistrate and Deputy Inspector-General of the Range. If it is desired to retain the whole or part of the additional police for a further period formal application should be made to the Provincial Government through the same channels, at least one month before the expiry of the term for which the force has been sanctioned. If the question of curtailing the sanctioned period is raised, it should be remembered that the men are ordinarily engaged for a fixed period and must be paid for that period. After the force has been withdrawn a statement of the actual cost of the force prepared in accordance with Appendix XXXV and showing the sums realised from sale-proceeds of building materials, costs, etc., should be submitted by the Superintendent through the District Magistrate and the Deputy Inspector-General of the Range to the Inspector-General for transmission to the Provincial Government.

Nom.—The orders of the Provincial Government for the assessment and collection of the amounts payable under section 15 of the Police Act, 1861, are contained in Bengal Government Order No. 8454P., dated the 1st December 1913.

  1. When a guard is sanctioned, the date of its deputation from the district headquarters shall be communicated by the Superintendent to the Inspector-General, the Accountant-General and the official to whom the guard is supplied. Similar reports shall be sent to the same authorities when any change is made in the strength of the force sanctioned, or when a guard is withdrawn. The date of the return of the guard to headquarters shall be treated as the date of the withdrawal of the guard and reports submitted accordingly.
  2. The following principles shall be followed in dealing with applications from private parties for additional police under section 13 of the Police Act, 1861:—
  • Additional police shall not be deputed unless the necessity for them has been established or when the desired result can be obtained by the institution of proceedings under the preventive sections of the Code of Criminal Procedure.
  • The prevention of any breach of the peace is one of the regular duties of the police; and when there is a dispute the cost of additional police deputed for this purpose shall be met by the Provincial Government and never by a party to the dispute.
  • The cost of additional police shall be charged to a private person in non-contentious cases only, that is to say, when a person acting within his rights finds himself in a position where the ordinary protection of the police is not sufficient. For example, it may be charged to a person on whose application additional police are deputed to keep order among people assembled at a mela or to guard money or other valuables which he has to transport from one place to another, particularly if it be through dangerous country.
  • The Superintendent shall consult the District Magistrate before passing orders, whenever there is time to do so. When the matters is very urgent, he may himself depute the necessary police, but he shall lose no time in informing the Magistrate and consulting him as to whether the applicant or the Provincial Government shall bear the cost.
  • In estimating the strength of a guard to be supplied to a private person, a Superintendent shall have regard to the question of providing its relief.
  • Whenever police are supplied to private parties or persons on payment in cases where no extra establishment is entertained, immediate information should he sent to the Accountant- General of the fact, of the period for which the police are to be furnished and of the amount to be recovered.
  1. (a) If any person on whose application additional police have been deputed under section 13 of the Police Act, 1861, wishes them to be withdrawn before the expiry of the term fixed when they were deputed, they shall, subject to the proviso to that section, continue to be at his charge until the expiry of such term or until a reasonable time has elapsed for them to be recalled to headquarters and for extra men to be discharged.

(b) In any other case, if the question arises of retaining extra police for a shorter period than that sanctioned by the Provincial Government it should be remembered that they are ordinarily engaged for a fixed period and must be paid for that period.

  1. The cost of additional police deputed under sections 13, 14 or 15 of the Police Act, 1861, shall be calculated for the purposes of regulations 666(c) and 667 in the manner laid down in Appendix XXXV.
  2. (a) When a guard is supplied to another Government Department, its cost (including pay

and contingencies) shall be borne by the Police Department, unless it is a guard over a health camp.

(b) If a guard is in addition to the sanctioned allotment of the district, the pay bill shall be separate from the district pay bill and the number and date of the letter conveying the sanction of the Provincial Government shall be quoted in it.

  1. (a) Temporary police guard may be supplied for extraordinary duties to private bodies and individuals in the town of Darjeeling. On each occasion the Superintendent shall decide, in consultation with the Deputy Commissioner of the district, whether the application for such guards shall be complied with or not.
  • The cost of these guards shall be charged according to the following daily rates:—

Daily rales.

Rs.       as.Inspector..   ..          ..15     0Sub-Inspector..          ..          ..6        0Sergeant..      ..

..12     8Assistant Sub-Inspector

Head constable.. ..                   ..2 0Constable1 8

In addition to the above local allowance should be charged at the following rates:—

Rs.       as.Inspector..   ..          ..4       0Sub-Inspector..          ..          ..3        0Sergeant..      ..

..3       0Assistant Sub-Inspector..      ..           ..2 0Constable1 8

  • If the duty lasts for 8 hours or less, a full day’s charge shall be recovered. If it lasts for more than 8 hours, reliefs will be provided and double rates charged.
  • The cost thus recovered shall be credited into the treasury intact, but the local allowance shall, at the end of each month, be drawn in a separate bill quoting this regulation as authority and paid to the officers deputed. The credit into the treasury shall be given in two distinct items, one for local allowance and another for the daily rates of recovery, and the refund bill shall specify the date of credit into the treasury as well as the names and designations of the officers to whom payments are to be made.

The entire recoveries should be credited to “XXIII—Police—Police supplied to Public Departments, Private Companies and Persons”.

  1. (a) (i) Special police officers should be appointed under section 17 of the Police Act, 1861, only to meet cases of sudden emergency and, therefore, only for the time during which the special cause of disturbance exists, e.g., during a religious festival or during the existence of a flood which may lead men to cut an embankment which it is essential to preserve.

(ii) Special police officers should not be appointed when there are disputes regarding rights in land which have to be settled in the civil courts. In such cases, if the locality is in a disturbed
or dangerous condition and if the ordinary preventive sections of the Code of Criminal Procedure are found to be insufficient for the maintenance of peace, it may be additional police under section 15, but not special police under section 1861.

necessary to appoint 17 of the Police Act, shall contain all the
  • An application for the appointment of special police officers necessary particulars, of which the principal are—

(1) the period for which the officers are required;

  • the limits within which they are to be employed.
  • the grounds for apprehending disturbance of the peace; etc., where no such disturbance has already occurred; and
  • the reasons why the police force ordinarily employed is insufficient.
  • The Magistrate should pass orders under section 17 us proper form for which the sample given in Appendix XXXVI will serve as a guide.
  1. (a) The Provincial Government has a right to call on any resident in the immediate neighbourhood to assist the police in the. discharge of their legitimate duty of preserving the public peace when any breach of it is threatened; but it is not right to appoint the ringleaders of contentious factions as special police officers for the purpose of humiliating them in the eyes of their neighbours. It would, however, be reasonable so to appoint them during a time of excitement on the ground that it is desirable to select leading and influential men whose authority is likely to be respected by the mass of the population, because their presence, while employed in patrolling the streets or on other duties assigned to them by the police in matters of watch and ward, would show that they were engaged not in fomenting the disturbance but in using their influence to repress them.

(b) Any person who refuses to serve as a special police officer or who, when serving as such, disobeys lawful orders, is liable to prosecution under section 19, and not under section 29 of the Police Act 1g61.

  1. (a) Every effort should be made to spare special police officers any avoidable in convenience or hardship. No more should be required from them than is necessary to enable them to perform the duty of keeping the pence which the law imposes on them; they should be employed in the manner best suited to make their personal influence felt and should not be assigned menial or unreasonable duties. The post of special police officer is to be regarded not as in any way dishonourable or involving harsh conditions but as an honourable office to which men are appointed for the preservation of the public peace.

(b) The requirements in respect of discipline should usually be light. Any conditions which might be regarded by local residents as offensive and unnecessarily irksome should not be
insisted upon Physical drill, for instance, would in most cases be inappropriate and the saluting of officers below the rank of Inspector unnecessary; while parades or attendance at the police- station, when necessary, should be so regulated as not to cause hardship.

(c) It is unnecessary to prescribe a regular uniform. A distinguishing badge, such as a red or dark blue armlet, would probably meet all requirements. Special Police Officers need not be called upon to wear belts.

  1. The Bengal Police Special Constabulary Reserve is established under section 2 of the Police Act, 1861, to assist the regular police force in any emergency in the maintenance of law and order and the prevention of sabotage.

The rules for this Reserve which have been framed under section 12 of the said Act will be found in Appendix XXXVII.

  1. Constables enlisted in temporary vacancies shall as soon as possible be absorbed, if found suitable, in permanent vacancies; if there are not likely to be sufficient permanent vacancies within the period for which they have been temporarily entertained, the Superintendent shall give early intimation to the Deputy Inspector-General of the Range who may be able to arrange for those remaining to be absorbed in other districts.
  2. All reductions in establishment shall be promptly carried out. When there is likely to be any delay, immediate representation shall be made.
  3. (a) Application for temporary appointments for which the of sanction of the Provincial Government is required shall be made the Deputy Inspector-General at least two months, and in cases of appointments for which the sanction of the Central Government is required, at least four months, before the expiry of the term of sanction.

(b) A temporary establishment shall, under no circumstances, be retained beyond the sanction period without obtaining fresh sanction and similarly no temporary establishment shall be entertained without first obtaining the sanction of the Provincial Government.

  1. Early in July each year detailed statements of the permanent establishment (together with an abstract) existing on the 1st July shall be prepared in Bengal Form No. 2440 and submitted establish by all heads of officers to the Range Deputy Inspector-General concerned, who should check them and submit a consolidated statement for the Range to the Inspector-General. Similar statements shall be submitted to the Inspector-General from the Criminal Investigation Department and Intelligence Branch. In forwarding the statement the Deputy Inspector-General will certify that the total number of officers in each rank is within the sanctioned scale. Full instructions are given in notes appended to the form and in article 62, Civil Account Code. The statement should be carefully checked with service books and a certificate endorsed on it thus-.-.- “compared with service books and found to agree”. In preparing a consolidated statement for the province, the Inspector-General’s office will see that the total number of officers in each rank is within the sanctioned scale.

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