(1)
The State Government shall, by notification in the official Gazette, constitute the State Police Complaints Authority consisting of five persons, namely:-
(2)
A person shall be disqualified for being appointed as member, if he,–
(3)
Every non-official member of the State Police Complaints Authority shall hold office for a period of three years.
(4)
The salary or honorarium and other allowances payable to, and the other terms and conditions of service of the non-official members of the State Police Complaints Authority shall be such as may be prescribed.
(5)
The Government shall provide such number of staff as is necessary for assisting the functions of the State Police Complaints Authority.
(6)
The State Police Complaints Authority shall look into complaints against officers of the rank of Superintendent of Police and above, including Additional Superintendent of Police, and take cognizance of allegations of serious misconduct by the police officers which would include incidents involving death, grievous hurt or rape in police custody.
(7)
The State Police Complaints Authority shall inquire into allegations of serious misconduct against police officers, after providing an opportunity of being heard to the alleged police officer either suo moto or on a complaint received from any of the following, namely:-
(2)
“Misconduct” in this context, shall mean any willful breach or neglect by a police officer of any law, rule, regulation applicable to the police that adversely affects the rights of any member of the public, excluding “serious misconduct” as defined in explanation (1).
(8)
In the cases suo moto inquired by the State police Complaints Authority, it may, issue notice to Director General and Inspector General of Police and direct him to file his views on the complaint during the enquiry. The State Police Complaints Authority may take into account the views and facts furnished by the Director General and Inspector General of Police that may have a material bearing on the cases:
Provided that the State Police Complaints Authority shall not have jurisdiction on the complaint against police officer where a separate authority is created by any other Act for this purpose.
(9)
On completion of the enquiry, if the allegations are proved partly or fully, the State Police Complaints Authority shall forward its report to the disciplinary authority for appropriate action against the accused officers.
(10)
The State Police Complaints Authority shall also supervise, monitor and control the functioning of District Police Complaints Authorities. It shall compile Annual Report of the functioning of State Police Complaints Authority and District Police Complaints Authorities and submit to the Government. The annual report shall contain,-