[Act
No. 27 of 2020] PREAMBLE An act to provide for the constitution and regulation of a
specific trained police force of the State of Uttar Pradesh for protection and
security of persons and installations where it is deployed and for matters
connected therewith or incidental thereto. It is hereby enacted
in the Seventy-first Year of the Republic of India as follows:-- (1)
This Act may be called the
Uttar Pradesh Special Security Force Act, 2020. (2)
It extends to the whole of
the State of Uttar Pradesh. (3)
It shall be deemed to have
come into force with effect from August 06. 2020. (1)
In this Act, unless the
context otherwise requires,- (a)
"Commandant",
"Deputy Commandant'", and "Assistant Commandant" mean
persons appointed as such by the State Government on or after the constitution
of the Special Security Force: (b)
"Director General of
Police" means the person appointed as such by the State Government as the
head of the Uttar Pradesh Police Force: (c)
"Establishment"
means an) public or private building, premises or campus being used in
connection with the affairs of an) organization serving educational,
commercial, recreational, philanthropic, cultural purposes and includes any
place of public congregation or a mass transit system as notified by the State
Government: (d)
"Force" means the
Uttar Pradesh Special Security Force constituted under section 3: (e)
"Industrial
Undertaking" means any undertaking as notified by the State Government
pertaining to a scheduled industry [as defined in clause (i) of section 3 of
the Industries (Development and Regulation) Act, 1951] and includes an
undertaking engaged in any other industry, or in any trade. business or service
which may be regulated by Parliament or State Legislature by law; (f)
"Installation"
means any statue, monument, building, premises or campus being used in
connection with the affairs of any organization, including offices, associated
buildings, residential area and property of that organization in that premises
or campus as notified by the State Government: (g)
"Member of the
Force" means a person appointed to the Force: (h)
"Private" means an
installation or establishment, controlled or managed by a person other than
Central or State Government or their agencies: (i)
"Subordinate
Officer" means a person appointed to the Force in Inspector or a
Sub-Inspector rank: (j)
"Supervisory
Officer" means in relation to an officer of the Force. any officer of a rank
which is prescribed as higher than that of such officer; (k)
"Uttar Pradesh
Police" means the force of the State of Uttar Pradesh constituted under
the Police Act. 1861: (l)
"UP Pradeshik Armed
Constabulary" means the force constituted under the UP Pradeshik Armed
Constabulary Act. 1948: (m)
"UP Police Recruitment
and Promotion Board" means the Board constituted for recruitment and
promotion by the Government Order 1256 6-iq0-10-2008-27(7)/08. (2)
Words and expressions used
and not defined in this Act but defined in the Indian Penal Code, 1860 and the
Code of Criminal Procedure. 1973 shall have the meanings respectively assigned
to them therein: (1)
There shall be constituted
and maintained by the State Government a Force to be called the Uttar Pradesh
Special Security Force for the better protection and security of a body or a
person or the residential premises thereof notified as such by the State
Government by name, nomenclature or category: Strategic and vital Installations
including the High Court of Judicature at Allahabad and Lucknow bench. District
Judgeships and any other court notified by the State Government. administrative
office premises, shrines, metro rail, airports, banks, other financial
institutions, industrial undertakings and any other installations or
establishments notified by the State Government, as such, for this purpose. (2)
The Force shall be
constituted in such manner and shall consist of such numbers of supervisory
officers, sub-ordinate officers, under officers and other enrolled members of
the Force as may be prescribed by the State Government. (3)
The members of the Force
shall receive such pay and other remuneration as may be prescribed as notified
by the State Government. (4)
The structure, the number of
battalions and compositional strength of each battalion of the Force shall be
such as may be prescribed. At the commencement of this Act. five battalions
shall be raised in the first phase and further such battalions shall be raised
as may be prescribed as notified by the State Government. (5)
The Headquarters of the
Force shall be at Lucknow and subordinate offices thereof shall be at such
places as may be prescribed. (1)
The State Government may
appoint a person to be the Additional Director General of the Force and other
persons to be the Inspector General, the Deputy Inspector General, the
Commandant, the Deputy Commandant and such other subordinate officers as may be
required. (2)
The Additional Director General
and every other supervisory officer so appointed under sub-section (1) shall
have, and may exercise, such powers and authorities as provided under this Act. The recruitment of
the subordinate officers and members of the Force shall be done by the UP
Police Recruitment and Promotion Board which shall exercise such powers as may
be prescribed in the rules made under section 17 which shall be in accordance
with general rules made by the Personnel Department of the State Government. (1)
The superintendence of the
Force shall vest in the Director General of Police and subject to the
provisions of this Act and the rules made there under, and the command,
supervision and administration of the Force shall vest in the Additional
Director General referred to in section 4. (2)
Subject to the provisions of
sub-section (I), the administration of the Force within such local limits as
may be prescribed shall be carried on by the supervisory officers in accordance
with the provisions of this Act or the rules made there under, and every
supervisory officer placed in charge of the protection and security of body of
person(s) and/or his residential premises notified as such by the State
Government by name, nomenclature or category: the High court of Judicature at
Allahabad and Lucknow bench, District Judgeships and any other court that may
be notified by the State Government, vital installations, industrial
undertakings, shrines, administrative premises, metro, airports, banks and
other financial institutions and any other installation or establishment
notified by the State Government, as such, for this purpose subject to any
direction that may be given by the State Government or the Additional Director
General in this behalf. (3)
Subject to the provisions of
this Act and the rules made there under, the Superintendent of Police of the
district, in co-ordination with the Supervisory officer of the Force, shall
have the power to oversee the functioning of the Force within his jurisdiction. Subject to any
general directions which may be issued by the State Government, it shall be
lawful for the Director General of Police, on a request received from
authorized person of a private industrial establishment or any other
establishment in the private sector to direct the members of the Force to
provide services under this Act to such establishment in such manner and on
payment of such fee as may be prescribed. It shall be the duty
of ever) member of the Force-- (a)
to obey and execute all
orders lawfully issued to him by his superior authority; (b)
to protect and secure a body
or a person or the residential premises thereof notified by the State
Government by name, nomenclature or category Hon'ble High court of Judicature
at Allahabad and Lucknow bench. District Judgeships and am other court as
notified b the State Government, vital installations, industrial undertakings.
shrines, administrative premises, metro. airports, banks and other financial
institutions and any other installations or establishments notified by the
State Government, as such, for this purpose: (c)
to protect and safeguard the
employees of establishments referred in clause(b); (d)
to perform any other duty
which may be entrusted by the State Government, from time to time. For the purpose of
augmenting the Force during its deployment in any case. the Director General of
Police may, cause deployment of UP Pradeshik Armed Constabulary in coordination
with the Force. (1)
Any member of the Force may.
without any order from a Magistrate and without a warrant, arrest.-- (a)
any person, who voluntarily
causes hurt to or attempts voluntarily to cause hurt to. or wrongfully
restrains or attempts wrongfully to restrain or assaults, threatens to assault
or uses or threatens or attempts to use criminal force to any employee,
referred to in clause (c) of section 8, or any other member of the Force, in
discharge of his duty as such employee or in execution of his duty as such
member, as the case may be. or with intent to prevent or to deter him from
discharging his duty as such member or in consequence of anything done or
attempted to be done by him in the lawful discharge of his duty as such member; (b)
any person who has been
concerned in, or against whom a reasonable suspicion exists of his having been
concerned in. or who is found taking precautions to conceal his presence under
circumstances which afford reason to believe that he is taking such precautions
with a view to committing a cognizable offence which relates to property
belonging to. or in the premises of. any establishments referred to in clause
(b) of section 8, or relates to other installations, or to property in the
premises of the other installations under his charge; (c)
any person who commits or
attempts to commit a cognizable offence which involves or which is likely to
involve danger to the life of any person engaged in carrying on any work
relating to any establishments referred to in clause (b) of section 8. (2)
If any person is found
trespassing on the premises of any establishment referred to in clause (b) of
section 8. he may, without prejudice to any other proceeding which may be taken
against him, be removed from such premises by a member of the Force. (3)
The manner in which the
powers under this section are exercised shall be governed by rules prescribed
in this behalf. (1)
Whenever any member of the
Force, has reasons to believe that any offence referred to in section 10 has
been committed or is being committed and that a search warrant may not be obtained
without affording the offender an opportunity of escaping or of concealing
evidence of the offence, he may detain the offender and search his person and
belongings forthwith and. if he thinks proper, arrest any person whom he has
reason to believe to have committed the offence. (2)
The provision of the Code of
Criminal Procedure. 1973 relating to searches shall, mutatis mutandis apply to
searches under this section. (3)
The manner in which the
powers under this section are exercised shall be governed by rules prescribed
in this behalf. Any member of the
Force making an arrest under this Act. shall, without delay, hand over the
person so arrested to a police officer, or in the absence of a police officer,
take such person or cause him to be taken to the nearest police station
together with a report of the circumstances occasioning the arrest. (1)
Even, member of the Force
shall, for the purpose of this Act, be considered to be always on duty and
shall, at any time, be liable to be employed at any place within the State. (2)
No member of the Force shall
engage himself in any employment or office other than his duties under this
Act. Every member of the
Force shall be subjected to all Act. relevant discipline, appeal rules, conduct
rules and all other rules and Government Orders governing all terms and conditions
of the service as applicable to a members of the Uttar Pradesh Police. No suit or
prosecution shall lie against any officer or member of the Force or against any
person an acting under the order or the direction of any officer or member of
the Force for anything which is done or intended to be done in good faith under
this Act or any rules made there under. No Court shall take
cognizance of an offence against any member of the Force with regard to any
thing done or any action taken or purporting to have been done or taken in the
discharge of his duty except with the prior sanction of the State Government. (1)
The State Government may by
notification make rules for carrying out the provisions of this Act. (2)
In particular and without
prejudice to the generality of the foregoing powers, such rules may provide for
all or any of the following matters, namely:— (a)
Regulating the classes,
ranks, grades, pay and remuneration of members of the Force and their
conditions of service and recruitment in the Force: (b)
regulating the powers and
duties of members of the Force authorized to exercise any functions by or under
this Act; (c)
prescribing the manner in
which induction and basic training and service specialized training is to be
imparted: (d)
prescribing the description
and quantity of arms, accoutrements, clothing and other necessary articles: and
vehicles, equipments and other necessary resources to be furnished to the
members of the Force; (e)
prescribing the places of
residence of the members of the Force; (f)
regulating the procedure of
conducting enquiry, punishment and prescribing authorities to whom appeal may
be preferred from orders of punishment and the procedure to be followed for the
disposal of such appeal: (g)
the manner in which and the
fee on payment of which the security to be provided to private organizations. (1)
if any difficulty arises in
giving effect to the provisions of this Act, the State Government may, by order
published in the Gazette, make necessary provisions, not inconsistent with the
provisions of this Act, as may appear to it to be necessary or expedient for
removing the difficulties: Provided that no
order shall be made under this sub-section after the expiry of the period of
two years from the date of commencement of this Act. (2)
Every order made under
sub-section (1) shall be laid, as soon as may be after it is made before each
house of the State Legislature. (1)
The Uttar Pradesh Special
Security Force Ordinance, 2020 (U.P. Ordinance no. 18 of 2020) is hereby
repealed. (2)
Notwithstanding such repeal,
anything done or any action taken under the provisions of the principal Act as
amended by the Ordinance referred to in sub-section (1) shall be deemed to have
been done or taken under the corresponding provisions of the principal Act as
amended by this Act as if the provisions of this act were in force at all
material times.THE UTTAR PRADESH SPECIAL
SECURITY FORCE ACT, 2020
Section 2 – Definitions