155A. Constitution of the National Police Commission
There shall be a National Police Commission (in this Chapter referred to as the “Commission”) consisting of seven members appointed by the President on the recommendation of the Constitutional Council, of whom at least one member shall be a retired police officer who has held office as a Deputy Inspector-General of Police or above. The Constitutional Council may in making its recommendation, consult the Public Service Commission. The President shall on the recommendation of the Constitutional Council appoint one member as the Chairman.
No person shall be appointed as a member of the Commission or continue to hold office as such member if he is or becomes a member of Parliament, a Provincial Council or a local authority.
Every person who immediately before his appointment as a member of the Commission, was a public officer in the service of the State or a judicial officer, shall upon such appointment taking effect, cease to hold such office and shall be ineligible for further appointment as a public officer or a judicial officer:Provided that any such person shall, until he ceases to be a member of the Commission, or while continuing to be a member, attains the age at which he would, if he were a public officer or a judicial officer, as the case may be, be required to retire, be deemed to be a public officer or a judicial officer and to hold a pensionable office in the service of the State, for the purpose of any provision relating to the grant of pensions, gratuities and other allowances in respect of such service.
Every member of the Commission shall hold office for a period of three years from the date of appointment, unless such member becomes subject to any disqualification under paragraph (2) or earlier resigns from office by writing addressed to the President or is removed from office by the President for reasons assigned and with the approval of the Constitutional Council or is convicted by a Court of law of any offence involving moral turpitude or if a resolution for the imposition of civic disability upon such member has been passed in terms of Article 81 or is deemed to have vacated his office under paragraph (6) of this Article.
A member of the Commission shall be eligible for reappointment as a member, but shall not be eligible for appointment as a public officer or a judicial officer after the expiry of his term of office as a member. No member shall be eligible to hold office as a member of the Commission for more than two terms.
In the event of the Chairman or a member of the Commission absenting himself from three consecutive meetings of the Commission without the prior leave of the Commission, he shall be deemed to have vacated his office from the date of the third of such meetings and shall not be eligible to be reappointed as a member or as Chairman of the Commission.
The Chairman and members of the Commission shall be paid such allowances as are determined by Parliament. Such allowances shall be charged on the Consolidated Fund and shall not be diminished during the term of office of the Chairman or member.
The Chairman and members of the Commission shall be deemed to be public servants within the meaning and for the purposes of Chapter IX of the Penal Code.
155B. Meetings of the Commission
The quorum for a meeting of the Commission shall be four members.
The Chairman shall preside at all meetings of the Commission and in his absence a member elected by the members present from amongst the members shall preside at such meeting.
Decisions of the Commission shall be by a majority of members present and voting at the meeting at which the decision is taken and in the event of an equality of votes the Chairman or the person presiding shall have a casting vote.
The Commission shall have power to act notwithstanding any vacancy in its membership, and any act or proceeding or decision of the Commission shall not be invalid or deemed to be invalid by reason only of such vacancy or any defect in the appointment of the Chairman or member.
The Inspector-General of Police shall be entitled to be present at meetings of the Commission, except where any matter relating to him is being considered. He shall have no right to vote at such meetings.
155C. Immunity from Legal Proceedings
Subject to the jurisdiction conferred on the Supreme Court under Article 126 and the powers granted to the Administrative Appeals Tribunal under Article 155L, no court or tribunal shall have the power or jurisdiction to inquire into, or pronounce upon or in any manner call in question any order or decision made by the Commission or a Committee, in pursuance of any power or duty, conferred or imposed on such Commission or Committee under this Chapter or under any other law.
155D. Secretary to the Commission
There shall be a Secretary to the Commission and such other officers appointed by the Commission on such terms and conditions as may be determined by the Commission.
155E. Costs and Expenses
The costs and expenses of the Commission shall be a charge on the Consolidated Fund.
155F. Interference with the Commission
Every person who, otherwise than in the course of such person’s lawful duty, directly or indirectly by himself or by or with any other person, in any manner whatsoever influences or attempts to influence or interferes with any decision of the Commission or a Committee or any police officer to whom the Commission has delegated any power under this Chapter or to so influence any member of the Commission or a Committee or any police officer to whom any power has been delegated shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding seven years, or to both such fine and imprisonment.
A High Court established under Article 154P of the Constitution shall have jurisdiction to hear and determine any matter referred to in paragraph (1).
[Repealed].
155FFF. Commission to make rules
The Commission shall from time to time, make rules for such matters which require rules to be made. Every such rule shall be published in the Gazette.
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The appointment, promotion transfer, disciplinary control and dismissal of police officers other than the Inspector-General of Police, shall be vested in the Commission. The Commission shall exercise its powers of promotion, transfer, disciplinary control and dismissal in consultation with the Inspector- General of Police.
The Commission shall not in the exercise of its powers under this Article, derogate from the powers and functions assigned to the Provincial Police Service Commissions as and when such Commissions are established under Chapter XVIIA of the Constitution.
The Commission shall establish procedures to entertain and investigate public complaints and complaints of any aggrieved person made against a police officer or the police service, and provide redress as provided by law. In the event of the Commission providing redress, the Commission shall forthwith inform the Inspector-General of Police.
The Commission shall, in consultation with the Inspector-General of Police, provide for and determine all matters regarding police officers, including:-
the formulation of schemes of recruitment, promotion and transfers, subject to any policy determined by the Cabinet of Ministers pertaining to the same;
training and the improvement of the efficiency and independence of the police service;
the nature and type of the arms, ammunition and other equipment necessary for the use of the National Division and the Provincial Divisions; and
codes of conduct and disciplinary procedures.
The Commission shall exercise all such powers and discharge and perform all such functions and duties as are vested in it under Appendix I of List I contained in the Ninth Schedule to the Constitution.
155H. Delegation of certain powers of the Commission to a Committee
The Commission may delegate to a Committee of the Commission (not consisting of members of the Commission) as shall be nominated by the Commission, the powers of appointment, promotion, transfer, disciplinary control and dismissal of such categories of police officers as are specified by the Commission.
The Commission shall cause to be published in the Gazette, the appointment of any such Committee.
The procedure and quorum for meetings of a Committee nominated under paragraph (1) shall be according to rules made by the Commission. The Commission shall cause such rules to be published in the Gazette.
155J. Delegation of certain functions by the Commission
The Commission may, subject to such conditions and procedures as may be prescribed by the Commission, delegate to the Inspector-General of Police or in consultation with the Inspector-General of Police to any Police Officer, its powers of appointment, promotion, transfer, disciplinary control and dismissal of any category of police officers.
The Commission shall cause any such delegation to be published in the Gazette.
155K. Right of Appeal
Where the Commission has delegated under Article 155J to any police officer its powers of appointment, promotion, transfer, disciplinary control and dismissal of any category of police officers, the Inspector-General of Police shall have a right of appeal to the Commission against any order made by such Police officer in the exercise of his delegated powers.
A police officer aggrieved by any order relating to promotion, transfer or any order on a disciplinary matter or dismissal made by the Inspector-General of Police or a Committee or a Police Officer referred to in Article 155H and 155J in respect of such officer may, appeal to the Commission against such order in accordance with rules made by the Commission from time to time regulating the procedure and the period fixed for the making and hearing of an appeal by the Commission.
The Commission shall have the power to alter, vary, rescind or confirm such order upon an appeal made under paragraph (1) or paragraph (2), or to give directions in relation thereto or to order such further or other inquiry, as to the Commission shall deem fit.
The Commission shall from time to time cause to be published in the Gazette, rules made by it under paragraph (2) of this Article.
Upon any delegation of its powers to the Inspector-General of Police or a Committee or police officer under Article 155H and 155J, the Commission shall not, whilst such delegation is in force, exercise, perform or discharge its powers, duties or functions in respect of the categories of police officers in respect of which such delegation is made, subject to the right of appeal hereinbefore provided.
155L. Appeals to Administrative Appeals Tribunal
Any police officer aggrieved by any order relating to promotion, transfer, or any order on a disciplinary matter or dismissal made by the Commission, in respect of such officer, may appeal therefrom to the Administrative Appeals Tribunal established under Article 59, which shall have the power to alter, vary, rescind or confirm any order or decision made by the Commission.
155M. Saving of existing rules and regulation
Until the Commission otherwise provides, all rules, regulations and procedures relating to the Police Force as are in force on the date of the coming into operation of this Article, shall continue to be operative and in force.
155N. Commission answerable to Parliament
The Commission shall be responsible and answerable to Parliament in accordance with the provisions of the Standing Orders of Parliament for the exercise, performance and discharge of its powers, duties and functions and shall forward to Parliament in each calendar year a report of its activities in such year.
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