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THE SIKKIM VIGILANCE POLICE ACT, 1978
THE SIKKIM VIGILANCE POLICE ACT, 1978
ACT NO. 18 OF 1978
An Act to make provision for the constitution, superintendence and administration of the Sikkim Vigilance Police as a special police force in the State of Sikkim.
[25th September, 1978]
It is hereby enacted in the Twenty-ninth Year of the Republic of India by the Legislature of Sikkim as follows:
Short title, extent, and commencement.
1. (1) This Act may be called the Sikkim Vigilance Police Act, 1978.
(2) It extends to the whole of Sikkim.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Constitution and powers of Sikkim Vigilance Police.
2. (I) Notwithstanding anything in the Sikkim Police Act, 1969, or any other law for the time being in force relating to the organization or re-organization of the police, the State Government may constitute a special police force to be called the Sikkim Vigilance. Police for the investigation of offences notified under section 3.
(2) Subject to any orders which the State Government may make in this behalf, members of the said police force shall have, 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 holding corresponding ranks in the ordinary police force of the State have in connection with investigation of offences, and shall for the purpose of conferment of powers under any law for the time being in force be deemed to be police officers holding corresponding ranks in the ordinary police force of the state.
(3) Any member of the said police force of or above the rank of Sub-Inspector may, subject to any orders which the State Government may make in this behalf, exercise, in discharging his functions under sub-section (2), any of the powers of the Officer-in-Charge of a police station in the area in which he is for the time being posted 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.
Offences to be investigated by the Sikkim Vigilance Police.
3. The State Government may, by notification in the Official Gazette, specify the offences or classes of offences which are to be investigated by the Sikkim Vigilance Police.
Superintendence and administration (If the Sikkim Vigilance Police.
4. (I) The Superintendence of the Sikkim Vigilance Police shall vest in the Home (Vigilance) Department of the State Government.
(2) The Sikkim Vigilance Police shall also make enquiries into other matters as may be referred to it by the Home (Vigilance) Department and shall submit report.
(3) The administration of the Sikkim Vigilance Police Force shall vest in an Officer appointed in this behalf by the State Government who shall be called Director of Vigilance and who shall exercise, in respect of the said force; such of the powers exercisable by the Inspector General of Police in respect of the ordinary police force of the State as the State Government may specify in this behalf.
Power to make rules.
5. The State Government may make rules for regulating the functioning of the Sikkim Vigilance Police and generally for carrying out the" purposes of the Act.
Application of other lows.
6. Save as otherwise provided in this Act, the provisions of the Sikkim Police Act, 1969, and any other law for the time being in force relating to organization or. Re-organization of police and of the rules and regulations made there under, as they apply. in relation to members of, the ordinary police force of the State, shall apply in relation to the members of the said force subject to such adaptation, whether by way of modification, addition or omission, as may be made therein by the State Government consistently with the purposes of this Act to make provision for the constitution, superintendence and administration of the Sikkim Vigilance Police as a special police force in the State of Sikkim.
