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DELHI SPECIAL POLICE ESTABLISHMENT ACT

Ministry of Law and Justice

Act nº 25 of 1946


  • Amending Acts
  • Act nº 25 of 1946

Preamble

THE DELHI SPECIAL POLICE ESTABLISHMENT ACT, 1946

[Act, No. 25 of 1946]

[19th November, 1946]

PREAMBLE

An Act to make provision for the constitution of a special police force 1 [in Delhi for the investigation of certain offences in 2 [the Union territories]], for the superintendence and administration of the said force and for the extension to other 3 [***] 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 1 [in Delhi for the investigation of certain offences in 2 [the Union territories]] and to make provision for the superintendence and administration of the said force and for the extension to other areas 3 [***] of the powers and jurisdiction of the members of the said force in regard to the investigation of the said offences;

It is hereby enacted as follows:--

1. Substituted in long title and preamble for the words "for the State of Delhi for the investigation of certain offences committed in connection with matters concerning Departments of the Central Government" by the Delhi Special Police Establishment (Amdt) Act, 1952 (26 of 1952), section 2 (6.3.1952).

2. Substituted for the words "Part C States" by 3 A.L.O., 1956.

3. Words "in the States" were omitted by the Part BStated (Laws) Act, 1951 (3 of 1951), section 2 and Sch. (1-4-1951).


Section 1. Short title and extent

(1) This Act may be called the Delhi Special Police Establishment Act, 1946.

(2) It extends to1[the whole of India],2[***].

1. Substituted for the words "all the Provinces of India" by A.L.O., 1950.

2. Words "except the State of Jammu and Kashmir" which were substituted for the words "except Part BStates" by the Part BStates (Laws) Act, 1951 (3 of 1951), were omitted by the Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956), Section 2 and Schedule.


Section 1A. Interpretation section

1[Section 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.]

1.Ins erted by Act 45 of 2003. sec. 26 (w.e.f. 11-9-2003)


Section 2. Constitution and powers of special police establishment

(1) Notwithstanding anything in the Polic Act, 1861, the Central Government may constitute a special police force to be called the Delhi Special Police Establishment1[***] for the investigation2[in any3[Union territory]] of offences notified under section 3.

(2) Subject to any orders which the central Government may make in this behalf, members of the said police establishment shall have throughout4[any3[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 of5[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 in4[any3[Union territory]] any of the powers of the officer 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.

1. Words "for the State of Delhi" were omitted by the Delhi Special Police Establishment (Amdt) Act, 1952 (26 of 1952), section 3 (6-3-1952).

2. Substituted for the words "in that State", by the Delhi Special Police Establishment (Amdt) Act, 1952 (26 of 1952), section 3 (6-3-1952).

3. Substituted for the words "Part C State" by 3 A.L.O., 1956.

4. Substituted for the words "the State of Delhi", by 3 A.L.O., 1956.

5. Substituted for the words "that State", by 3 A.L.O., 1956.


Section 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 offences1[***] which are to be investigated by the Delhi Special Police Establishment.

1. Words "committed in connection with matters concerning Departments of the Central Government" were omitted by the Delhi Special Police Establishment (Amdt) Act, 1952 (26 of 1952), section 5 (6-3-1952).


Section 4. Superintendence and administration of special police establishment

1 [(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.

(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.

(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.]

1. Substituted 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.

(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."


Section 4A. Committee for appointment of Director

1[Section 4 A - Committee for appointment of Director

(1) The Central Government shall appoint the Director on the recommendation of the Committee consisting of :-

(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

Member

(d)

2[the Secretary to the government of India in charge of the Ministry or Department o the Central Government having administrative control of the Delhi Special Police Establishment

Member].

(2) While making any recommendation under sub-section (1), the Committee shall take into consideration the views of the outgoing Director.

(3) The Committee shall recommend a penal of officers-

(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.



1.Ins erted by Act 45 of 2003. sec. 26 (w.e.f. 11-9-2003)

2. Substituted by The Delhi Special Police Establishment (Amendment) Act, 2006 (20 of 2006).


Section 4B. Terms and Conditions of service of Director

1[Section 4 B- 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.

(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.]

1.Ins erted by Act 45 of 2003. sec. 26 (w.e.f. 11-9-2003)


Section 4C. Appointment for posts of Superintendent of Police and above, extension and curtailment of their tenure, etc

1 [Section 4 C - 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.

(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.]

1. Inserted by Act 45 of 2003. sec. 26 (w.e.f. 11-9-2003)


Section 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 Railway areas),1[in2[a State, not being a Union territory]] the power and jurisdiction of members of the Delhi Special Police Establishment for the investigation of any offences or classes of offences specified in a notification under section 3.

(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 of any orders which the Central Government may make in this behalf, discharge the functions 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.

3[(3) where by 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.]

1. Substituted for the words "in India outside the State of Delhi" by the Delhi Special Police Establishment (Amdt) Act, 1952 (26 of 1952), Section 5 (6-3-1952).

2. Substituted for the words "a Part A State or a Part BState" by 3 A.L.O., 1956.

3. Inserted by the Anti-Corruption Laws (Amdt) Act, 1964 (40 of 1964), Section 5 (18-12-1964).


Section 6. Consent of State Government to exercise of powers and jurisdiction

1[6. Consent of State Government to exercise of powers and jurisdiction.--

Nothing 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 in2[a State, not being a Union territory or railway area], without the consent of the Government of that State.]

1. This section was substituted for former Section 6 by the Delhi Special Police Establishment (Amdt) Act, 1952 (26 of 1952). Section 6 (6-3-1952).

2. Substituted for the words "a Part A State or a Part BState not being a railway area" by 3 A.L.O. 1956.


Section 6A. Approval of Central Government to conduct inquiry or investigation

1[Section 6 A - 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 -

(a) the employees of the Central Government of the Level of Joint Secretary and above ;and

(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.

(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 theExplanationto section 7 of the Prevention of Corruption Act, 1988 (49 of 1988.]

1.Ins erted by Act 45 of 2003. sec. 26 (w.e.f. 11-9-2003)


Section 7. Repeal of Ordinance 22 of 1946

[Repealed by the Repealing and Amending Act, 1950 (35 of 1950), section 2 and Sch. I.]

Amending Acts

Delhi Special Police Establishment (Amendment) Act, 2006

THE DELHI SPECIAL POLICE ESTABLISHMENT (AMENDMENT) ACT, 2006

[Act, No. 20 of 2006]

[6th April, 2006]

PREAMBLE

An Act further to amend the Delhi Special Police Establishment Act, 1946.

BE it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:--

1. Short title

This Act may be called the Delhi Special Police Establishment (Amendment) Act, 2006.

2. Amendment of section 4A

In section 4A of the Delhi Special Police Establishment Act, 1946(25 of 1946), in sub-section (1), for clause (d), the following clause shall be substituted, namely:--

"(d) the Secretary to the Government of India in charge of the Ministry or Department of the Central Government having administrative control of the Delhi Special Police Establishment -- Member.".