In pursuance of rule 10 of the Maharashtra
Divisional Police Complaint Authority (Condition of Service) Rules, 2017, the
Government of Maharashtra makes the following regulations for regulating the
conduct of business of Division Level Police Complaints Authority, namely: These Regulations may be called Maharashtra
Division Level Police Complaint Authority (Administration and Procedure)
Regulations, 2018. (1)
In these Regulations, unless the context otherwise
requires,- (a)
"Act" means the Maharashtra Police Act,
1951; (b)
"Authority" means the Division Level
Police Complaints Authorities as established at Nashik, Pune, Aurangabad,
Nagpur, Amravati and Konkan under section 22 S of the Act; (c)
"Chairperson" means the Chairperson of
the Division Level Police Complaint Authority appointed under sub-section (2)
of section 22 S of the Act; (d)
"Code" means the Code of Civil Procedure,
1908 (V of 1908), in its application to the State of Maharashtra; (e)
"complainant" means a victim or a person
by whom or on whose behalf a complaint is made under this Act; (f)
"complaint" means a complaint about misconduct,
taken cognizance by the Division Level Police Complaint Authority under the
Act; (g)
"Division Bench" means a Bench consisting
of two members of the Division Level Police Complaints Authority as constituted
by the Chairperson; (h)
"Enquiry" means an enquiry instituted as
per procedure specified in Regulation 7 of these Regulations; (i)
"Full Bench" means a Bench consisting of
three or more Members of the Division Level Police Complaints Authority as
constituted by the Chairperson; (j)
"Government" means the Government of
Maharashtra; (k)
"Language" means the official language of
the Authorities, which shall be Marathi for all practical purposes. However,
exceptions may be made owing to the non-availability of Marathi knowing
stenographers/personnel or according to the language of the complainant; (l)
"Member" means a member of the Division
Level Police Complaints Authority as appointed under sub-section (2) of section
22 S of the Act; (m)
"Member-Secretary" means a police officer
so appointed by the Government to be the Member-Secretary of the Division Level
Police Complaints Authority as appointed under sub-section (2) of section 22 S
of the Act; (n)
"Misconduct" means any willful breach or
neglect by a police officer of any law, rule and regulation applicable to the
police that adversely affect the rights of any member of public, as defined in
clause (a) of sub-section (1) section 22 Q of the Act; (o)
"Respondent" means police Constable upto
the rank of senior Police Inspector against whom a complaint is lodged by the
complainant; (p)
"Section" means of a section of the Act; (q)
"Single Bench" means a Bench consisting
of one member of the Division Level Police Complaints Authority as constituted
by the Chairperson; (r)
"Unit" means a Police Commissionerate,
District, specialized branch of the Police or allied departments, including but
not limited to the SID, CID, ACB, SRPF and training institutions etc.; (2)
Words and expressions used in these rules but not
defined hereinabove shall have the same meaning respectively assigned to them
in the Act and the Code. (1)
Place of the sitting of the Authority shall be
ordinarily be at its headquarter of respective Revenue Division. However, it
may, at the discretion of the Chairperson, hold its meetings at any other place
in the Division, if he considers the same necessary and expedient. (2)
The jurisdiction of the Division Level Police
Complaints Authority shall be the whole of the respective Revenue Division of
Maharashtra, (3)
The Division Level Police Complaints Authority
shall inquire suo moto or on a complaint Police against Police Constable upto
the rank of Senior Police Inspector, in respect of the matters provided on
clause (a) of sub-section (1) of section 22Q. The Authority shall dismiss, complaints of the
following nature, namely,- (a)
vague, anonymous, pseudonymous, illegible, trivial
or frivolous; (b)
when the complaint is presented after one year from
alleged act and/or inaction; (c)
shall not inquire in Civil disputes, etc. except
against Police Officers indulging in house or land grabbing, etc.; (d)
relate to service matters or labour or industrial
disputes; (e)
matter is sub-judice before a court or any
tribunal; (f)
matter is covered by a judicial verdict or decision
of the Tribunal or any other Judicial or Quasi-Judicial Authority; (g)
matter is outside the purview of the Division Level
Police Complaints Authority. (h)
the complaint has not been made to senior
supervisory officer or one has not elapsed since filing of such complaint. (a)
Every proceeding of the Authority shall be chaired
by the Chairperson with the Members in attendance. (b)
Three Members, including Chairperson shall
constitute the quorum for any meeting wherein a decision is required to be
taken by the Full Bench of the Authority. All the decisions shall be taken by a
majority of the members of the Authority, present and voting. Dissenting
opinion, if any, shall also be kept on record. However, decision will be taken
on the basis of the majority opinion: Provided that, when there is equality of votes, the
person chairing the meeting shall have a second and casting vote. (c)
The absence of a Member from any meeting or a
vacancy in the Authority shall not affect the continuity of the proceeding, so
long as the quorum is satisfied. (d)
The Administrative Officer or any other designated
person shall record minutes of every meeting of the Authority. The
Administrative Officer or designated officer of the Authority shall maintain
the records of the Authority. (e)
No decision of the Authority shall be held invalid
only on account of technical grounds in the appointment of the Chairperson or
Member. (f)
A master copy of all the approved minutes of every
meeting shall be maintained by the Member Secretary or designated officer. (g)
Report of follow-up action in regard to decisions
taken by the Authority shall be submitted by the Member-Secretary or designated
officer at every subsequent meeting, till the decision is implemented. (1)
Any person who desires an enquiry to be made by the
Authority into one or more instances of "misconduct" of police
personnel shall submit to the Authority, a written complaint preferably in
Marathi, Hindi or English. (2)
A complaint shall be submitted on plain paper,
providing all the relevant details of the instance to the extent available or
shall be submitted through online digital format. No fee shall be chargeable on
complaints. (3)
Every complaint so filed shall be supported by a
self-attested declaration as provided in Annexure "A" appended to
these Regulations, stating that all the relevant details mentioned in the
complaint are true and correct on the basis of his personal knowledge. (4)
A complaint can be submitted by post or by courier
or posted by email or in digital format on the website of the Authority or in
person at the office of the Authority. (5)
A complainant may, if he so desires and to the
extent possible supply copies of the document or records, in support of the
allegations made, including,- (a)
a medical report or any certificate issued by a
qualified doctor disclosing nature of injuries on the body of the victim, who
had examined the victim immediately after the occurrence of the incident, (b)
photographs showing the injuries on the person of
the victim or records at the time of enquiry, (c)
audio or video recordings, relating to the
allegations contained in the application, (d)
relevant extract of the dairy of the police station
concerned, (e)
copy of the first information report (F.I.R.), if
any, (f)
copy of the memorandum of arrest, (g)
any other document considered relevant by the
complainant. The complainant can file photocopies of the
documents or records mentioned in the above clauses. (6)
The Member-Secretary or designated officer of the
Authority shall record a complaint case under the directions of the Authority,
acting suo-moto in accordance with clause (a) of sub-section (1) of section 22Q
of the Act or upon information received from the National Human Rights
Commission (NHRC) or the State Human Rights Commission (SHRC) or the Lokayukta
or the Government or any other public authority, and as contemplated under
clause 22Q (1). (7)
The Member-Secretary or designated officer of the
Authority shall maintain registers, in the proforma specified by the Authority,
about the complaints recorded in the Authority. (8)
Screening and Referral of complaints by the
Authority,- (a)
Upon registration of a complaint case, the
Member-Secretary or designated officer shall place the complaint along with the
supporting documents received, before the Authority within seven working days
after receipt of the complaint, for further directions. (b)
The Authority shall examine the complaint and all
supporting documents and determine whether the Authority have jurisdiction to
enquire into the complaint or otherwise. (c)
After examination of the complaint, if the
Authority is of the opinion that the subject matter of the complaint does not
fall within the Authority's jurisdiction, then the Authority shall reject the
complaint after recording the reasons in writing but so far as possible within
fifteen days from the date of the complaint. (d)
Upon preliminary examination of the complaint, if
the Authority is of the view that no prima-facie case is made out, it shall
reject the complaint for the reasons recorded in writing, so far as within
fifteen days from the registration of the complaint. (e)
If the Authority is satisfied that the complaint
falls within its jurisdiction and there exists a prima-facie case to conduct
the enquiry, then the Authority shall proceed with the enquiry under the Act
and these Regulations. (9)
The Member-Secretary or designated officer of this
Authority shall issue authenticated order of the Authority made under these
Regulations and communicate, free of charge, a copy of the order to the
complainant or representative of the complainant as the case may be. (1)
Where the Authority decides to conduct an enquiry
in any complaint, it shall issue notice, as per Annexure "B" appended
to these Regulations, to all respective employee or officer who are related
with that matter or against whom a complaint has been made. (2)
Every notice issued by the Authority to the
respondent under sub-regulation (1), shall be accompanied with a copy of
documents, along with supporting documents, if any, filed along with the
complaint. (3)
When notice is issued under sub-clause (2) to any
respondent, a copy of the same shall be sent to the Superior Officer of such
Respondent. (4)
A respondent officer shall submit his reply to the
Authority within thirty days of the receipt of the notice, issued under
sub-regulation (1), along with supporting documents, if any, if he so desires. (5)
The Member-Secretary or designated officer of the authority
shall transmit to the complainant, free of charge, copy of the reply and the
copies of supporting documents received from the respondent officer within
seven working day of receipt of such a reply. (6)
In case the Authority refers a complaint received
to its own investigator or any other agency or officer from the purpose of
conducting an enquiry, such agency shall complete the enquiry into the matter
as expeditiously as possible, and submit a report along with supporting
documents to the Authority within a period of sixty days. (7)
The Member-Secretary or designated officer of the
authority shall transmit to the complainant, free of charge, a copy of the
report received, under sub-regulation (5), within seven days from the date of
receipt of the report. (8)
The Member-Secretary or designated officer of the
authority shall maintain a case record and progress report of each complaint on
every day of proceedings in writing. (9)
The Member-Secretary or designated officer of the
authority shall maintain records of the meeting and shall obtain signature of
the Chairperson and the members on the said minutes of the meeting. (1)
The Authority shall hold hearing of the complaint
case as deemed necessary after giving due notice to the parties, including the
complainant, his representative or the victim as the case may be. (2)
The Member-Secretary or designated officer shall
notify all the concerned parties, the date of hearing well in advance, but at
least seven days before the listing of the complaint for hearing. However, in
case of urgency, the Authority may waive this period of notice and proceed at
the earliest possible. (3)
When notice of hearing is issued to any Respondent,
a copy of the same shall be sent to the Superior Officer of such Respondent. (4)
Every officer who has received notice of hearing
under sub-regulation (3), shall immediately communicate the same to the
concerned Respondent Officer and ensure that such officer is given leave or
permission to attend the hearing on the stipulated date. (5)
The Authority may also call and hear any other
person other than the concerned parties, as and when required. (6)
The Authority may call for concerned documents, any
record or public document concerned with an enquiry from any police officer or
public servant. (1)
The Authority shall observe principle of natural
justice in the conduct of every hearing in the enquiry. (2)
The hearing shall be conducted in the official
language of the State. However, as an exception, the hearing may be conducted
in Hindi or English also. (3)
The Member-Secretary or designated officer of the
Authority shall maintain a record of the proceedings of every hearing. (1)
The parties to a complaint shall appear at a
hearing in person or through their Legal Representative. (2)
Legal representative of persons can attend a
hearing by obtaining leave of the Authority, which the Authority may grant for
reasons recorded in writing. (3)
The Authority may issue summons to any person (as
per Annexure "C"), who has knowledge of the matter and facts relating
to the complaint, to appear at a hearing for purpose of examination, obtaining
evidence on oath or producing documents or record relevant to the case or both
or as the case may be, as the Authority deems fit. (4)
Time limit for completion of enquiry and grant of
adjournment.- Every enquiry initiated on the basis of a complaint
received by the Authority shall be completed and submit report to the State
Government, as expeditiously as possible and in any case within a period of
ninety days from the date of receipt of complaint: Provided that, the authority shall not grant more
than three adjournments to respondent officer or complainant, during the
pendency of a complaint. (5)
In the report submitted to the State Government
after expiry of the time limit mentioned in the above sub-regulation (4), the
Authority shall record the reasons for delay in writing. (6)
The complainant or a victim or a respondent officer
may apply for adjournment of a hearing at least three days in advance before
the date of hearing. (7)
Ordinarily the Authority shall not grant
adjournment of hearing unless reasonable cause is shown by the concerned party
to a case and in every instance; the Authority shall record reasons in writing
for grant of adjournment. (8)
Where an adjournment is granted on the plea of a
respondent officer for reasons of performance of unavoidable official duty, the
hearing may be held on the next working day: Provided that, the Authority shall not grant more than
three adjournments to a Respondent Officer, during the pendency of a complaint
against him. (9)
Where a complainant or a victim or the Respondent
Officer fails to appear before the Authority, the Authority shall proceed with
the case ex-parte. (1)
Upon completion of an enquiry, the Authority shall
communicate its findings to the State Government, the concerned officers and
their senior supervisory officer. (2)
The Authority shall take into consideration any
additional fact or information or submission received under sub-regulation (2),
before arriving at findings on the complaint in accordance with the time limit
specified in the earlier Rule. (3)
In its findings, the Authority may affirm or revise
its findings or the directions recorded under sub-regulation (1) or (2). (4)
Every findings of the Authority shall contain,- (a)
a summary of the allegations in the complaint; (b)
a summary of the reply, report and submissions
received by the Authority; (c)
the findings of the Authority; (5)
After completion of the enquiry, if the Authority
comes to the conclusion that the complaint so filed by the complainant or his
representative or the alleged victim is frivolous, false, vexatious, malicious
or with ulterior motive, in that case the Authority may take action as per
provisions of section 22T of the Act. (6)
The Member-Secretary or designated officer shall
notify the date of pronouncement of final decision at least three working days
in advance. (7)
Findings of the Authority shall be pronounced in
open proceedings by the Chairperson or any Member authorized by Chairperson for
this purpose and the same shall be communicated to the concerned authorities
for implementation. (8)
The person pronouncing the findings of the
Authority shall read out the operative part of the decision and cause the
explanation of the substance thereof to the complainant or the victim in the
official language or in Hindi or English, as an exception. (9)
The Member-Secretary or designated officer of the
authority shall duly authenticate final decision of the Authority and without
any delay cause copies of the decision to be provided to the parties, free of
charge. (1)
Every hearing of the Authority shall be open to the
public : Provided that, in exceptional circumstances and for
reasons recorded by the Authority in writing, such hearing may be held in
camera. (2)
The Member-Secretary or designated officer of the
Authority shall be responsible to create, develop and update an internet
website in the official language of the Authority or in English. (3)
The Member-Secretary or designated officer of the
Authority shall prepare and display on its website or its notice board, the cause-list
of the cases listed daily, weekly and monthly. (4)
All decisions of the Authority shall be uploaded on
the website of the Authority regularly without any delay. (5)
All applications received by the Authority for
information under the Right to Information Act, 2005 shall be disposed off as
per the provision of that Act. (6)
The Member Secretary or designated officer of the
Authority shall publish and disseminate basic information of the Authority and
its procedure through print, electronic and/or social media. (7)
Without prejudice to sub-regulation (1) above, the
Member-Secretary or designated officer shall within six months of the
constitution of the Authority publish a booklet/guide, giving the contact
details, powers and functions of the Authority, the procedure for filing
complaint, prescribed forms or formats for the purpose of receiving and
disposing of complaints and the remedies available to the complainant under the
provision of the Act. (8)
The Member-Secretary or designated officer of the
authority shall update the said booklet/guide, from time to time. (9)
The Government shall make copies of this
booklet/guide available at the offices of the Authorities, at every Police
Station and all other offices of the Police Department, as far as possible,
free of charge. The Authority shall submit to the State Government
an annual report at the end of the financial year on the following subjects: (a)
number and type of complaints enquired into by the
Authority; (b)
number and type of cases of misconduct enquired
into by the Authority; (c)
number and type of cases if referred to any other
agency or officer for the purpose of conducting an enquiry; (d)
findings of the Authority in each case; (e)
extent of any delay and the reasons for the delay
in completing any enquiry; (f)
identifiable patterns of misconduct of police
personnel in the state; (g)
recommendations for enhancing the accountability of
the police. The Chairperson of the Authority shall issue
necessary administrative orders, circulars and clarifications etc. from time to
time to ensure the smooth functioning of the Authority. ANNEXURE A [See
section 6(3)] SELF ATTESTED DECLARATION On plain paper (No Court fee required) I Shri/Smt./Ms.
________________________________________________________
son/daughter/wife/widow of
___________________________________________________________________ aged
______________ years, permanent and current address as given below, having
Aadhaar No. _____________________________ (self attested copy attached) do
swear in the name of God and hereby solemnly affirm and state as follows: (1)
That I am the complainant in the accompanying
complaint/have authorized Shri/Smt./Ms. ______________________________________________________
to file the authorized Shri/Smt./Ms.
____________________________________________ to file the accompanying complaint
as I am unable to file the same because of
________________________________________________ _______________________________________
reason. (2)
That the facts stated in the attached complaint in
paras _________________________________ are true to the best of my knowledge
and in paras _______________________________________ are true to my information
and belief. (3)
I therefore request you to enquire into the above
complaint and take further action as deemed fit. Deponent Name: ________________________ Permanent Address ANNEXURE B [See Rule
7(1)] Division
Level Police Complaints Authority at ____________ SUMMONS TO PRODUCE DOCUMENT/S No. DPCA/ _____________________of To _____________________ ________________________ ________________________ Name(s), Designation & Address(es) of Public
servant(s); Whereas a complaint has been made before the
Division Level Police Complaints Authority at Respective Headquarter by
____________________________________________________________________________________________________________________________________________________________________________
(name and address of complaint) against you, the above-named, containing
grievance/allegation in respect of
______________________________________________________________________________________________________________________and
it appears to the Chairperson, Division Level Police Complaint Authority
desirable for the purpose of inquiry/investigation that the relevant
document(s) should be produced before him. You are hereby summoned to attend and produce or
cause to be produced through your servant, clerk or agent, the said document(s)
before him in his office on ________________________ at ___________ O'clock.
Herein fail not. Given under my hand and seal of the office. Dated: Administrative Officer, Division Level Police Complaints Authority. ANNEXURE C [See Rule
10(3)] Division
Level Police Complaints Authority at ____________ SUMMONS TO WITNESS No. DPCA/ ____________________of _______________________________________ ..Complaint Vs. _______________________________________ ..Police
Officer To, ________________________________________________________ ________________________________________________________ Whereas your attendance is required as a witness
before the Chairperson, Division Level Police Complaint Authority on behalf of
_________________________________________________________
_______________________________________ in the above complaint, you are hereby
required to appear personally before him on the __________________ at
___________ O'clock and to bring with you the relevant documents or to send
them through your servant or agents able to prove them. Given under my hand and seal of the office. Dated:MAHARASHTRA DIVISION LEVEL POLICE COMPLAINT AUTHORITY
(ADMINISTRATION AND PROCEDURE) REGULATIONS, 2018
PREAMBLE