Section 22NState of Maharashtra Act

Section 22N: Normal tenure of Police Personnel, and Competent Authority

Normal tenure of Police Personnel, and Competent Authority.

(1)

Police Officers in the police force shall have a normal tenure as mentioned below, subject to the promotion or superannuation : --

(a)

for Police Personnel of and above the rank of Deputy Superintendent of Police or Assistant Commissioner of Police a normal tenure shall be of two years at one place of posting;

(b)

for Police Constabulary a normal tenure shall be of five years at one place of posting;

(c)

for Police Officers of the rank of Police Sub-Inspector, Assistant Police Inspector and Police Inspector a normal tenure shall be of two years at a Police Station or Branch, four years in a District and eight years in a Range, however, for the Local Crime Branch and Special Branch in a District and the Crime Branch and Special Branch in a Commissionerate, a normal tenure shall be of three years;

(d)

for Police Officers of the rank of Police Sub-Inspector, Assistant Police Inspector and Police Inspector a normal tenure shall be of six years at Commissionerates other than Mumbai, and eight years at Mumbai Commissionerate;

(e)

for Police Officers of the rank of Police Sub-Inspector, Assistant Police Inspector and Police Inspector in Specialized Agencies a normal tenure shall be of three years.

The Competent Authority for the general transfer shall be as follows, namely:--Police Personnel...Competent Authority

(a)Officers of the Indian Police Service ...Chief Minister;

(b)Maharashtra Police Service Officers of and above the rank of Deputy Superintendent of Police ...Home Minister;

(c)Officers upto Police Inspector ...

(a)Police Establishment Board No. 2.

(b)Police Establishment Board at Range Level.

(c)Police Establishment Board at Commissionerate Level:

(d)Police Establishment Board at District Level.

(e)Police Establishment Board at the Level of Specialized Agency.

Provided that, the State Government may transfer any Police Personnel prior to the completion of his normal tenure, if,--

(a)disciplinary proceedings are instituted or contemplated against the Police Personnel; or

(b)the Police Personnel is convicted by a court of law; or

(c)there are allegations of corruption against the Police Personnel; or

(d)the Police Personnel is otherwise incapacitated from discharging his responsibility; or

(e)the Police Personnel is guilty of dereliction of duty.

(2)

In addition to the grounds mentioned in sub-section (1), in exceptional cases, in public interest and on account of administrative exigencies, the Competent Authority shall make mid-term transfer of any Police Personnel of the Police Force:Explanation. --For the purposes of this sub-section, the expression "Competent Authority" shall mean : --Police Personnel...Competent Authority

(a)

Officers of the Indian Police Service...Chief Minister;

(b)

Maharashtra Police Service Officers of and above the rank of Deputy Superintendent of Police...Home Minister;

(c)

Police Personnel upto the rank of Police Inspector for transfer out of the respective Range or Commissionerate or Specialized Agency...Police Establishment Board No. 2;

(d)

Police Personnel upto the rank of Police Inspector for transfer within the respective Range, Commissionerate or Specialized Agency....Police Establishment Boards at the Level of Range, Commissionerate or Specialized Agency, as the case may be;

(e)

Police Personnel upto the rank of Police Inspector for transfer within the District....Police Establishment Board at District Level

Provided that, in case of any serious complaint, irregularity, law and order problem the highest Competent Authority can make the transfer of any Police Personnel without any recommendation of the concerned Police Establishment Board.

Sec 22M — Power of State Government not to be affected

Sec 22O — Separation of Investigation Police from Law and Order Police

Disclaimer: This section is reproduced for general informational and reference purposes only. Always verify against the latest official gazette and consult a qualified advocate before relying on any provision.