Ordinance Summary
The Uttar Pradesh Special Security Force Ordinance, 2020
- The Uttar Pradesh Special Security Force Ordinance, 2020 was promulgated on August 2, 2020. It provides for the constitution and regulation of a specific trained police force for the state of Uttar Pradesh. The force is being set up for the protection and security of persons and installations notified by the state government.
- Purpose of the Force: The Ordinance provides for the state government to constitute the Uttar Pradesh Special Security Force, for the protection and security of notified persons or establishments. These include: (i) Court premises, (ii) administrative offices, (iii) shrines, (iv) metro rail, (v) airports, (vi) banks, and (vii) industrial undertakings, among others, as notified by the state government.
- Size: The initial strength of the Force will be five battalions and will be revised later by the state government. Typically, a battalion consists of around 1,000 personnel.
- Administration: The Director General of Police (DGP) will have superintendence over the Force. In addition, the state government may appoint supervisory officers, such as: (i) Additional Director General, (ii) Inspector General, (iii) Deputy Inspector General, (iv) Commandant, and (v) Deputy Commandant, among others. The DGP (appointed by the state government) is the head of the Uttar Pradesh Police Force.
- The administration of the Force will be carried out by the supervisory officers. Further, the Superintendent of Police of a district will oversee the functioning of the Force in his jurisdiction, in coordination with the Supervisory Officer.
- Recruitment to the Force: The Uttar Pradesh Police Recruitment and Promotion Board will recruit the subordinate officers and members of the Force. Subordinate officers are personnel belonging to the Inspector or Sub-Inspector rank. Members of this Force will always be considered to be on duty and are liable to be employed anywhere in the state.
- Deployment of the Force to provide service to Private Establishments: The Ordinance authorises the DGP to deploy the force for the protection of private industrial establishments upon request. The private establishment will be required to pay a prescribed fee for the service. An establishment is defines as any public or private building or premises of an organisation serving purposes, such as: (i) educational, (ii) commercial, (iii) recreational, (iv) philanthropic, and (v) cultural. This includes any place of public congregation, or a mass transit system, as notified by the state government.
- Augmentation of the Force: If the need arises, the DGP may deploy the Uttar Pradesh Pradeshik Armed Constabulary to coordinate with and augment the Force. The Constabulary is a police force that has been constituted under the U.P Pradeshik Armed Constabulary Act, 1948.
- Power to Arrest and Search without a warrant: The Ordinance provides for any member of the Force to make an arrest, and search a person and his belongings without a Magistrate’s order or warrant. These include offences (against employees of establishments), such as: (i) voluntarily causing hurt or attempting to cause hurt, (ii) threaten to assault or use criminal force, and (iii) reasonable suspicion of a person’s involvement in a cognisable offence related to establishments, among others.
- After an arrest is made, the member shall: (i) handover the arrested person to a police officer, or (ii) arrange for him to be taken to the nearest police station, accompanied by a report on the circumstances of arrest.
- Power to make rules: The state government may notify rules to carry out the provisions of this Ordinance. The rules may provide for: (i) regulation of pay, rank, and conditions of service of the members of the Force, (ii) description and quantity of arms and other resources to be furnished to the members, and (ii) manner and amount of fee to be paid for the security of private organisations, among others.
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