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Police Act

LAWS OF FIJI

CHAPTER 85

POLICE

ARRANGEMENT OF SECTIONS

PART I-PRELIMINARY

SECTION
1. Short title.
2. Interpretation.

PART II-CONSTITUTION AND ADMINISTRATION

3. Establishment of Force.
4. Constitution of Force.
5. Functions of Force.
6. Employment of Force in times of emergency.
7. General powers of the Commissioner.
8. Administration of Force.

PART III-APPOINTMENT, ENLISTMENT, SERVICE AND DISCHARGE

9. Enlistment.
10. Declaration on enlistment.
11. Identity Cards.
12. Police officers not to resign without permission.
13. Prolongation of service in case of war.
14. Discharge.
15. Arms and equipment to be delivered up on ceasing to be a police officer.

PART IV-POWERS AND DUTIES OF POLICE OFFICERS

16. Police officers not to engage in other employment or in political activities.
17. General powers and duties of police officers.
18. Power to take photographs, etc.
19. Power to make complaint, etc.
20. Non-liability for act done under authority of warrant.
21. Power to inspect licences or permits.
22. Power to erect barriers, etc.
23. Duty of Force to keep order on public roads.
24. Persons furnishing false name and address.
25. Disposal of unclaimed property.
26. Power of police officer to enter and break open premises in case of fire.

PART V-DISCIPLINE

27. Suspension or interdiction of gazetted officers.
28. Interdiction of inspectorate officers and subordinate officers.
29. Offences by police officers.
30. Offences against discipline.
31. Power of arrest.
32. Trial of offences against discipline.
33. Review by the Commissioner.
34. Powers of an officer making inquiries.
35. Power to suspend punishment.
36. Procedure in cases of grave or repeated offences.
37. Dismissal and reduction in rank of police officers convicted by any Court.
38. Fines to be recovered by stoppage of pay.
39. Loss or damage to arms and equipment to be made good by stoppage of pay.
40. Pay not to accrue during absence without leave, imprisonment or detention.
41. Place of confinement of offenders.
42. Establishment of Police Rewards and Fines Fund.

PART VI-GENERAL OFFENCES

43. Unlawful possession of articles supplied to police officers.
44. Duty to assist police.
45. Police officers not to join certain associations.
46. Penalty on persons causing disaffection, etc.
47. Penalty for disorderly conduct in police station, etc.
48. Pay or allowances of subordinate officers not liable to attachment.

PART VII-SERVICE OUTSIDE FIJI

49. Neighbouring territory defined.
50. Power to order service outside Fiji.
51. Effect of punishment of police officer in neighbouring territory.
52. Provisions as to officers of neighbouring territory serving in Fiji.

PART VIII-SPECIAL CONSTABULARY

53. Establishment of special constabulary, appointment of special constables and general powers of Commissioner in respect thereto.
54. Employment of special constables.
55. Powers, privileges and protection of special constables.
56. Offences against discipline.
57. Trial of offences against discipline.
58. Commissioner to provide necessary equipment for special constables.
59. Termination of appointment.

PART IX-MISCELLANEOUS

60. Regulations.

-----------------------------------------

POLICE

Ordinances No. 10 of 1965, 34 of 1968, 14 of 1975, 10 of 1976,
Orders 10th July, 1970, 7th October, 1970

AN ACT TO MAKE BETTER PROVISION FOR THE ORGANIZATION,
DISCIPLINE, POWERS AND DUTIES OF THE POLICE FORCE AND FOR
MATTERS INCIDENTAL THERETO

[1st January, 1966]

PART I-PRELIMINARY

Short title

1. This Act may be cited as the Police Act.

Interpretation

2. In this Act, unless the context otherwise requires-

"Commissioner" means the Commissioner of Police;

"Force" means the Royal Fiji Police Force;

"gazetted officer" means and includes any police officer of or above the rank of Assistant Superintendent;

"inspectorate officer" means and includes any police officer below the rank of Assistant Superintendent, other than a subordinate officer;

"police officer" means any member of the Force;

"special constable" means any member of the Special Constabulary established under the provisions of this Act;

"subordinate officer" means and includes any police officer below the rank of Assistant Superintendent, whom the Minister may from time to time declare to be a subordinate officer;

"superior" or "superior officer" when used in relation to any act done or thing suffered by a police officer, means a police officer senior in rank to the police officer doing the act or suffering the thing;

"traffic" includes animals in the charge or under the control of any person, pedestrians and vehicles in or on any public thoroughfare and whether in motion or not;

"tribunal" means a person empowered under the provisions of this Act to try offences.

PART II-CONSTITUTION AND ADMINISTRATION

Establishment of Force

3. There shall continue to be established in Fiji a Police Force to be called the Royal Fiji Police Force.

Constitution of the Force

4. The Force shall be formally enrolled and shall consist of such ranks as may be prescribed by the Minister by notice in the Gazette.

Functions of Force

5. The Force shall be employed in and throughout Fiji for the maintenance of law and order, the preservation of the peace, the protection of life and property, the prevention and detection of crime and the enforcement of all laws and regulations with which it is directly charged; and shall be entitled for the performance of any such duties to carry arms.

Employment of Force in times of emergency

6. The Governor-General may in case of war or other emergency employ the Force or any part thereof in the defence of Fiji and, whilst so employed, the Force or such part thereof as may be so employed shall be subject to military law:

Provided that the Governor-General may in his discretion order that any part of the Force so employed shall remain under the command of the Commissioner.
(Amended by 34 of 1968, s. 2)

General powers of the Commissioner

7.-(1) The Commissioner shall have the command, superintendence and direction of the Force and, subject to the provisions of this Act and to the directions of the Minister, may make orders for the general government of police officers in relation to their training, arms, clothing, equipment and other accoutrements, and particular services, as well as their distribution and inspection, and such other orders as he may deem expedient for preventing negligence and promoting efficiency and discipline on the part of police officers in the discharge of their duties.

(2) Any act or thing which may be done, ordered or performed by the Commissioner under the provisions of subsection (1) may, subject to the orders and directions of the Commissioner be done, ordered or performed by the Deputy Commissioner or, to such extent as the Commissioner may delegate such powers to him, by any gazetted officer.

(3) The Commissioner may make such appointments, promotions and reductions in rank in respect of all police officers, other than gazetted officers, as he may think fit.
(Substituted by Order 10th July, 1970)

Administration of Force

8.-(1) The administration of the Force throughout Fiji shall be vested in the Commissioner.

(2) Subject to the orders and directions of the Commissioner the control of the police in any place shall be vested in such police officer as may be appointed by the Commissioner to be in charge thereof.

PART III-APPOINTMENT, ENLISTMENT, SERVICE AND DISCHARGE

Enlistment

9. Every subordinate officer shall be enlisted to serve in the Force for such period of years as may be fixed by the Commissioner with the approval of the Minister and this period of service shall, in all cases, be reckoned from the day on which such officer was enrolled.

Declaration on enlistment

10.-(1) Every police officer, other than a gazetted officer, shall, on joining the Force, make before a gazetted officer a declaration on oath or affirmation in the form prescribed.

(2) Every police officer required to make the declaration required under the provisions of subsection (1), shall, on joining the Force and before making such declaration, answer truly any question which may be put to him as to his previous service in any of Her Majesty's Forces or police and as to whether he has at any time been convicted of any offence.

(3) Any person who wilfully makes a false statement in reply to any question put to him under the provisions of subsection (2) shall be guilty of an offence and liable to a fine not exceeding twenty dollars or to imprisonment for a period not exceeding one month or to both such fine and imprisonment.

Identity cards

11. A police identity card in such form as shall be determined by the Commissioner, signed by the Commissioner or by any gazetted officer authorised by the Commissioner in that behalf, shall be issued to every police officer and shall be evidence of the appointment of such officer under the provisions of this Act.
(Inserted by 34 of 1968 s. 3)

Police officers not to resign without permission

12. No police officer appointed by the Commissioner shall be at liberty to resign or withdraw from the Force without the consent in writing of the Commissioner.

Prolongation of service in case of war, etc.

13. Any police officer whose period of service expires during a state of war, insurrection or hostilities, or whenever the Governor-General is satisfied that a state of civil commotion which threatens the public safety exists or is likely to arise in Fiji or in any part thereof, may be retained and his service prolonged for such further period, not exceeding six months after the cessation of such state of war, insurrection, hostilities or civil commotion which threatens the public safety, as the Governor-General may direct. (*Substituted by 34 of 1968, s. 4)

Discharge

14.-(1) Any police officer, other than a gazetted officer, may be discharged by the Commissioner at any time-

(a) if he is pronounced by a Government medical officer to be mentally or physically unfit for further service;

(b) on reorganisation or reduction of establishment;

(c) if the Commissioner considers that he is unlikely to become or has ceased to be an efficient police officer or that it is desirable in the public interest that he should be discharged from the Force:

Provided that discharge under the provisions of this subsection of any such police officer shall be subject to the concurrence of the Police Service Commission.
(Amended by 34 of 1968, s. 5 and Order 10th July, 1970)

(2) Every police officer discharged under the provisions of subsection (1) shall be given one month's notice of intention to discharge him from the Force or, at the option of the Commissioner, one month's pay in lieu of such notice.

Arms and equipment to be delivered up upon ceasing to be a police officer

15. Any police officer who, having ceased to be a police officer, does not forthwith after he shall have ceased to be a police officer, deliver up to the person appointed by the Commissioner for that purpose, or to the police officer in charge at the place at which he was last stationed, all arms, ammunition, equipment, clothing and appointments whatsoever which have been supplied to him and are the property of the Government, shall be guilty of an offence and liable to a fine not exceeding forty dollars or to imprisonment for a period not exceeding three months or to both such fine and imprisonment:

Provided that, at the discretion of the Commissioner, any such officer may, instead of delivering up any of such articles, make payment therefor in such amount as may be determined by the Commissioner.

PART IV-POWERS AND DUTIES OF POLICE OFFICERS

Police officers not to engage in other employment or in political activities

16. No police officer shall-

(a) engage in any employment or office whatsoever other than in accordance with his duties under the provisions of this Act; or

(b) take any active part in any political organization or electoral campaign or engage in any other activity which is likely to interfere with the impartial discharge of his duties under the provisions of this Act.

General powers and duties of police officers

17.-(1) Every police officer shall exercise such powers and perform such duties as are by law conferred or imposed upon a police officer, and shall obey all lawful directions in respect of the execution of his office which he may from time to time receive from his superiors in the Force or from any other police officer in the same rank as himself but senior in service.

(2) Every police officer shall be deemed to be on duty at all times and may at any time be detailed for duty in any part of Fiji.

(3) It shall be the duty of every police officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority, to collect and communicate intelligence affecting the public peace, to prevent the commission of offences and public nuisances, to detect and bring offenders to justice, and to apprehend all persons whom he is legally authorised to apprehend and for whose apprehension sufficient ground exists.

Power to take photographs, etc.

18.-(1) Any police officer may cause to be taken, for use and record in the registry of the force, photographs, descriptions, measurements, fingerprints, palm-prints and footprints of any person in lawful custody for any offence punishable by imprisonment, whether such person has been convicted of such offence or not.

(2) On the acquittal of any person whose photographs, description, measurements, fingerprints, palm-prints or footprints have been taken under the provisions of this section, such photographs, description, measurements, fingerprints, palm-prints and footprints shall be destroyed.

(3) Any person in lawful custody for any offence, who refuses to submit to the taking of any of the methods of identification authorised to be taken under the provisions of subsection (1) shall be guilty of an offence and liable to a fine not exceeding forty dollars or to imprisonment for a period not exceeding three months or to both such fine and imprisonment and, after conviction, reasonable force may be used to take such methods of identification.

Power to make complaint, etc.

19. It shall be lawful for any police officer to make a complaint or charge against any person before a magistrate and to apply for a summons, warrant, search warrant or such other legal process as may by law issue against any person.

Non-liability for act done under authority of warrant

20.-(1) Where the defence to any suit instituted against a police officer is that the act complained of was done in obedience to a warrant purporting to be issued by a magistrate or a justice of the peace, the court shall, upon production of the warrant containing the signature of the magistrate or justice of the peace and upon proof that the act complained of was done in obedience to such warrant, enter judgment in favour of such police officer.

(2) No proof of the signature of such magistrate or justice of the peace shall be required unless the court has reason to doubt the genuineness thereof, and where it shall be proved that such signature is not genuine, judgment shall nevertheless be given in favour of such police officer if it is proved that, at the time when the act complained of was committed, he believed on reasonable grounds that such signature was genuine.

Power to inspect licences or permits

21.-(1) It shall be lawful for any police officer to stop and detain any person whom he sees doing any act for which a licence or permit is required under the provisions of any law for the time being in force and to require such person to produce his licence or permit.

(2) Any person who fails to produce such licence or permit when called upon by a police officer may be arrested without a warrant unless he gives his name and address and otherwise satisfies the police officer that he will duly answer any summons or other proceedings which may be taken against him.

Power to erect barriers, etc.

22.-(1) It shall be lawful for any police officer, other than a subordinate officer, if he considers it necessary for the maintenance and preservation of law and order, the prevention or detection of crime or for the apprehension of offenders, to erect or place barriers in or across any road or street or in any other public place in such manner as he may think fit.

(2) Any police officer may take all such reasonable steps as he considers necessary to prevent any person or vehicle from passing any barrier erected or placed under the provisions of subsection (1), and any such person, or the driver of any such vehicle, who fails to comply with any reasonable signal made by a police officer under the provisions of this subsection, shall be guilty of an offence and liable to a fine not exceeding one hundred dollars or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.

(3) No police officer shall be liable for any loss, damage or injury occasioned to any vehicle or by any person as a result of any steps taken by such police officer under the authority of this section.

Duty of Force to keep order on public roads

23.-(1) It shall be the duty of the Force-

(a) to regulate and control traffic;

(b) to divert all or any particular kind of traffic, when it is in the public interest to do so;

(c) to keep order on public roads, streets, thoroughfares and landing places, and at other places of public resort or places to which the public have access; and

(d) to prevent obstructions on the occasions of assemblies and processions on the public roads and streets, and in any case when any road, street, thoroughfare or landing place may be thronged or may be liable to be obstructed.

(2) Every person who opposes or disobeys lawful orders given by any police officer in the performance of his duty under any of the provisions of this section shall be guilty of an offence and liable to a fine not exceeding forty dollars or to imprisonment for a period not exceeding three months or to both such fine and imprisonment.

(3) Any person who opposes or disobeys any lawful order given by a police officer in the performance of his duty under any of the provisions of this section may be arrested without a warrant unless he gives his name and address and otherwise satisfies a police officer that he will duly answer any summons or other proceedings which may be taken against him.

Persons furnishing false name and address

24. Any person who having been asked by a police officer in the execution of his duty to give his name and address refuses to do so or gives to such police officer a false name or address shall be guilty of an offence and liable to a fine not exceeding forty dollars or to imprisonment for a period not exceeding three months or to both such fine and imprisonment; and any police officer may without warrant arrest such person.
(Amended by 34 of 1968, s. 6)

Disposal of unclaimed property

25.-(1) It shall be the duty of every police officer to take charge of all unclaimed property and deliver the same to a police station, where the police officer in charge shall cause to be posted in some conspicuous place, a notice specifying such property, and calling upon any person who may have any claim thereto to appear and establish his claim within one month from the date of such notice.

(2) Such property, if no person shall within one month from the date of the notice aforesaid establish his claim thereto, may be sold or otherwise disposed of or destroyed in such manner as the Commissioner may direct.

(3) The proceeds of the sale of such property shall, if no claim thereto has been established within the period aforementioned and after deduction of any expenses incurred by such sale, be paid into the Consolidated Fund.

Power of police officer to enter premises in case of fire, etc.

26. Any police officer may enter and, if necessary, break into any building being or reasonably supposed to be on fire, or any building or land adjoining or near thereto, and any building threatened with damage by flood water or other natural hazard, without the consent of the owner or occupier, and may do all such acts and things as he may deem necessary for extinguishing fire in any such building, or for protecting the same, or for rescuing any person or property therein from fire, flood water or other natural hazard.
(Substituted by 34 of 1968, s. 7)

PART V-DISCIPLINE

Suspension or interdiction of gazetted officers

27. A gazetted officer suspended or interdicted shall not by reason of such suspension or interdiction cease to be a police officer:

Provided that the powers, privileges and benefits vested in him as a police officer shall be in abeyance during the period of such suspension or interdiction but he shall remain subject to the same responsibilities, discipline and penalties and to the same authority as if he had not been suspended or interdicted.
(Amended by Order 10th July, 1970)

Interdiction of inspectorate officers and subordinate officers

28.-(1) The Commissioner may interdict from duty any inspectorate officer or subordinate officer pending the trial of any offence, whether under the provisions of this Act or before a court, and pending the determination of any appeal.

(2) A police officer interdicted from duty under the provisions of this section shall not by reason of such interdiction cease to be a police officer:

Provided that the powers, privileges and benefits vested in him as a police officer shall during his interdiction be in abeyance but he shall continue subject to the same responsibilities, discipline and penalties and to the same authority as if he had not been interdicted.

(3) A police officer interdicted from duty under the provisions of this section shall not be paid any salary or any amount in compensation for loss of earnings in respect of a period of interdiction unless the Commissioner otherwise directs or he is acquitted of the offence.
(Substituted by 10 of 1976)

Offences by police officers

29.-(1) Any police officer who-

(a) begins, excites, causes or joins in any mutiny or sedition amongst the Force, or does not use his utmost endeavours to suppress such mutiny or sedition, or conspires with any other person to cause any mutiny or sedition, or being cognizant of any mutiny or sedition, or intended mutiny or sedition, does not without delay give information thereof to his superior officer;

(b) deserts;

(c) persuades, procures or assists any police officer to desert, or being cognizant of any such desertion or intended desertion, does not without delay give information thereof to his superior officer;

(d) knowing that any police officer had deserted or intends to desert, does not without delay give information to his superior officer;

(e) strikes or offers violence to his superior officer, such officer being in the execution of his duty;

(f) being present at any assemblage tending to riot, does not use his utmost endeavours to suppress such assemblage,

shall be guilty of an offence and shall be liable to imprisonment for five years,

(2) No police officer shall be found guilty of the offence of desertion unless the court is satisfied that there was an intention on the part of the police officer not to return to the Force.

(3) Upon reasonable suspicion that any person is a deserter, any police officer may apprehend him without warrant and forthwith bring him before a court having jurisdiction in the place wherein he was found which may deal with the suspect deserter or remit him to a court having jurisdiction in the place in which he has deserted.

Offences against discipline

30. Any police officer, other than a gazetted officer, who commits any offence against discipline as may be prescribed under the provisions of this Act shall be liable to suffer punishment in accordance with the provisions of this Act:

Provided that-

(a) nothing in this connexion shall be construed to exempt any such officer from being proceeded against for any offence by any other process of law;

(b) save as is expressly provided under the provisions of this Act, no such officer shall be punished twice for the same offence.

Power of arrest

31.-(1) Any police officer may arrest without warrant any police officer not being an officer of his own or of higher rank who is accused of any offence under the provisions of this Act.

(2) A police officer effecting an arrest under the provisions of this section shall forthwith bring the accused person before a gazetted officer or in the absence of such an officer before the most senior police officer readily accessible who shall cause the case to be heard by a tribunal or court of criminal jurisdiction without delay.

Trial of offences against discipline

32.-(1) For the purpose of the trial of offences against discipline under the provisions of this Act there shall be the following tribunals:-

A. The Commissioner, who shall have power to impose any one or more of the following punishments:-

(a) In the case of any inspectorate officer-

(i) admonishment;

(ii) reprimand;

(iii) severe reprimand;

(iv) a fine not exceeding seven days' pay;

(v) reduction in rank;

(vi) dismissal.

(b) In the case of any subordinate officer-

(i) admonishment;

(ii) reprimand;

(iii) severe reprimand;

(iv) confinement to quarters for any period not exceeding fourteen days with or without extra guards, fatigues or other duty;

(v) a fine not exceeding seven days' pay;

(vi) reduction in rank;

(vii) dismissal:

Provided that the punishment of dismissal shall be subject to the concurrence of the Police Service Commission,

B. Subject to the provisions of section 33, any gazetted officer shall have power to hear and investigate charges, and if he finds the accused person guilty of an offence against discipline, to make recommendations to the Commissioner as to the punishment to be imposed.

(2) No police officer shall be convicted of an offence against discipline unless the charge has been read and investigated in his presence and he has been given sufficient opportunity to make his defence thereto.
(Section substituted by Order 10th July, 1970)

Review by the Commissioner

33.-(1) The Commissioner shall review all proceedings heard by any tribunal, other than proceedings heard by himself.

(2) Upon such review, the Commissioner may-

(a) quash the finding;

(b) alter the finding, find the offender guilty of another offence and punish him in accordance with his powers under the last preceding section;

(c) confirm the finding and punish the offender in accordance with his powers under section 32;

(d) remit the proceedings to the tribunal which heard them or to another tribunal, for re-hearing.

(Substituted by Order 10th July, 1970)

Powers of an officer making inquiries

34.-(1) Every tribunal shall have power to summon and examine witnesses on oath or affirmation and to require the production of all documents relevant to an appeal or trial, and to adjourn any hearing from time to time.

(2) Any person summoned as a witness under subsection (1) who fails to attend at the time and place mentioned in the summons, or on adjournment, or refuses to answer any question that is lawfully put to him, shall be guilty of an offence, and shall be liable on conviction before a magistrate to a fine not exceeding ten dollars or to imprisonment for one month:

Provided that no such witness shall be obliged to answer any question which may tend to incriminate him or render him liable to any forfeiture or penalty.

Power to suspend punishment

35.-(1) Subject to the provisions of this section any punishment awarded under the provisions of section 32 may be suspended by order of the Commissioner for such period not exceeding six months, as he may determine.

(2) Where any punishment has been suspended under the provisions of this section, such gazetted officer as may be directed by the Commissioner shall, at the expiration of the period of suspension, review the case, taking into consideration such reports on the conduct of the offender during the period of suspension as shall be available. Such officer may thereupon make a recommendation to the Commissioner that the suspended punishment be remitted or reduced, in which case, if so remitted or reduced by the Commissioner, any entry relating to the offence which has been made in the records of the offender shall be expunged or altered, as the case may be, or the Commissioner may order the punishment imposed:

Provided that if, during the period of suspension, the offender is convicted of a further offence, the Commissioner may order the suspended punishment imposed.

Procedure in cases of grave or repeated offences

36. In any case where it appears to a gazetted officer inquiring into an alleged offence against discipline, that the offence alleged to have been committed, on account of its gravity, or by reason of previous offences or for any other reason, should be considered by the Commissioner, such officer shall, without recording any finding, stay the proceedings and transmit them to the Commissioner for him to hear and determine the case himself or to direct that it be heard by the officer who transmitted it or by any other gazetted officer:

Provided that when no statement in mitigation has been recorded, the Commissioner shall give the offender an opportunity of making representations to him either orally or in writing, as the Commissioner may direct.

Dismissal and reduction in rank of police officers convicted by any court

37. The Commissioner may reduce in rank, or may dismiss from the Force, any police officer, other than a gazetted officer, who has been convicted by any court in respect of any offence, whether against the provisions of this Act or otherwise, unless such officer has successfully appealed from such conviction:

Provided that the Commissioner shall not dismiss from the Force any such police officer without the concurrence of the Police Service Commission.

Fines to be recovered by stoppage of pay

38.-(1) All fines imposed on a police officer in respect of offences under the provisions of this Act may be recovered by stoppage of such officer's pay due at the time of committing such offence and thereafter accruing due.

(2) The amount of stoppage in respect of any fine or for any other cause authorised by the provisions of this Act shall be in the discretion of the officer by whom the fine was imposed but shall in no case exceed one-half of the offender's monthly pay; and whenever more than one order of stoppage is in force against the same person so much only of his pay shall be stopped as shall leave him a residue of at least one-half of his monthly pay.

(3) Where more than one order of stoppage is made upon the same person, the orders later in date shall, if necessary, be postponed as to their enforcement until the earlier orders have been discharged.

Loss or damage to arms and equipment to be made good by stoppage of pay

39. If any police officer, other than a gazetted officer, pawns, sells, losses by neglect, makes away with or wilfully or by neglect damages any arms, ammunition, equipment, clothing or other appointments supplied to him or any government property committed to his charge he may, in addition to or in lieu of any other punishment, be ordered to make good the amount of such loss or damage, and such amount may be recovered by stoppage from his pay.

Pay not to accrue during absence without leave, imprisonment or detention

40. No pay shall accrue to any police officer, other than a gazetted officer, in respect of any period exceeding twenty-four hours during which he is absent from duty without leave, or is undergoing any sentence of imprisonment, either for any offence against discipline or for any other offence whatsoever:

Provided that in any case the Commissioner may in his discretion authorise the payment of such proportion of pay, not being more than one-half, as he may think fit.

Place of confinement of offenders

41. Every police officer arrested for any offence under the provisions of this Act may be confined to his quarters or in any building set apart as a guard room or cell.

Establishment of Police Rewards and Fines Fund

42.-(1) All fines imposed under the provisions of this Act for any offence against discipline shall be paid to the Chief Accountant to be placed to the credit of a fund to be called the "Police Rewards and Fines Fund".

(2) No payment shall be made from the Police Rewards and Fines Fund except upon the authority of the Commissioner.

(3) The Commissioner may, in his discretion, sanction payments from the Police Rewards and Fines Fund for any of the following purposes:-

(a) Assistance to the wives or families of deceased police officers or special constables, other than gazetted officers, or to any such officer or special constable discharged from the Force as medically unfit for further service;

(b) contributions towards prizes to be given at athletic meetings and similar events organized by or for the benefit of the Force;

(c) purchase of ammunition for the encouragement of range practice amongst police officers or special constables;

(d) payments to police officers or special constables, other than gazetted officers, as rewards for meritorious acts or service in the execution of duty, if such payments are not met from public funds;

(e) expenditure for the benefit and advancement of authorised recreation and sport and other branches of police activity organized within the Force;

(f) any other purpose which the Commissioner considers to be for the general welfare of police officers or special constables.

(Amended by 34 of 1968, s. 10)

(4) All rewards, forfeitures and penalties which by law are payable to informers shall, when the information is laid by a police officer and there is no other informer on the case, be paid into the Police Rewards and Fines Fund.

PART VI-GENERAL OFFENCES

Unlawful possession of articles supplied to police officers

43. Any person not being a police officer or special constable who is found in possession of any article whatsoever which has been supplied to any police officer or special constable for the execution of his duty, or any medal or decoration granted to any police officer or special constable for service or good conduct, and who fails to account satisfactorily for the possession thereof, or who without due authority purchases or receives any such article, medal or decoration from any police officer or special constable, or who aids or abets any police officer or special constable to sell or dispose of any such article, medal or decoration shall be guilty of an offence and liable to a fine not exceeding forty dollars or to imprisonment for a period not exceeding three months or to both such fine and imprisonment.

Duty to assist police

44. It shall be lawful for any police officer to call upon any person to assist him if, whilst acting in the execution of his duty, he is assaulted or resisted or in danger of being assaulted or resisted, and any person so called upon to assist a police officer who without reasonable excuse refuses or neglects to render assistance to the best of his ability, shall be guilty of an offence and liable to a fine not exceeding ten dollars or to imprisonment for a period not exceeding one month or to both such fine and imprisonment.

Police officers not to join certain associations

45.-(1) It shall not be lawful for a police officer to become or to be, a member of a trade union, or an industrial association as defined in the Trade Unions Act or the Industrial Associations Act or of any association having for its objects, or one of its objects, to control or influence the pay or conditions of service of the Force.
(Cap. 96.) (Cap. 97.)

(2) Any police officer contravening any of the provisions of subsection (1) shall be guilty of an offence and liable to a fine not exceeding one hundred dollars.

(3) For the purpose of enabling police officers to bring to the notice of Government any matter affecting their welfare and efficiency, other than questions of discipline or promotion, the Minister may, if he thinks fit, by order establish and provide for the regulation of one or more police associations and nothing in the provisions of subsection (1) or (2) shall be deemed to prohibit a police officer from joining and being a member of an association so established.

Penalty on persons causing disaffection, etc.

46. Any person who causes or attempts to cause or does any act calculated to cause disaffection amongst police officers or special constables or induces or attempts to induce or does any act calculated to induce any police officer or special constable to withhold his services or to commit any breach of discipline shall be guilty of an offence and liable to imprisonment for a period not exceeding two years.

Penalty for disorderly conduct in police station, etc.

47. Any person who, in any police station, police office or cell, or in any part of a police compound to which the public have access, is guilty of any riotous, indecent, disorderly or insulting behaviour shall be guilty of an offence and liable to imprisonment for a period not exceeding three months.

Pay or allowances of subordinate officers not liable to attachment

48. No pay or other allowance of a subordinate officer shall be liable to be attached, sequestered or levied upon for or in respect of any debt or goods supplied to him or to any person on his behalf.

PART VII-SERVICE OUTSIDE FIJI

Neighbouring territory defined

49. For the purposes of this Part, the expression "neighbouring territory" means any territory which the Minister may, by notice in the Gazette, declare to be a neighbouring territory for the purposes of this Part:

Provided that no such notice shall be published in respect of any territory unless and until the Minister is satisfied that satisfactory arrangements have been or will be made for the inclusion in the law of that territory of provisions reciprocal to those of this Part.

Power to order service outside Fiji

50. The Governor-General may, on the application of the government of a neighbouring territory, order such number of police officers as he may think fit to proceed to such territory for service therein.

Effect of punishment of police officer in neighbouring territory

51. Where a police officer is punished under the law of a neighbouring territory, or under any of the provisions of this Act applied by the law of such territory to a police officer whilst serving therein, for any offence (whether against discipline or otherwise) committed while such officer was serving therein in pursuance of an order under section 50, he shall be deemed for all purposes to have been so punished in Fiji for a like offence committed within Fiji.

Provisions as to officers of neighbouring territory serving in Fiji

52. Whenever any police officers from the police force of a neighbouring territory are present in Fiji in response to an application made by the Governor-General for the purpose of assisting the Force in a temporary emergency, the following provisions shall have effect with regard to such officers:-

(a) they shall be under the orders of their own officers present with them (if any), subject however to the command of the Commissioner;

(b) they shall have and may exercise the powers, and shall be liable to perform the duties, of police officers of equivalent rank in the Force, and shall for those purposes be deemed to be members of the Force;

(c) the provisions of any written law affecting the discipline, punishment or terms and conditions of service of such officers whilst serving in such neighbouring territory shall, so far as circumstances admit, be applied in Fiji as if such written law were part of the general law of Fiji:

Provided that-

(i) no such law as aforesaid shall be interpreted in its application within Fiji as conferring any power on any officer of the Force to punish any officer of the police force of the neighbouring territory for any offence against discipline;

(ii) where any such law confers on a court or magistrate of the neighbouring territory jurisdiction to try and punish any such offence as aforesaid, such jurisdiction may be exercised by a court or magistrate possessing comparable jurisdiction within Fiji;

(d) any contract of service between any such officer and the government of the neighbouring territory may be enforced in Fiji in the same manner and with the like effect as if it were made between the officer and the Government of Fiji.

(Amended by 14 of 1975, s. 17)

PART VIII-SPECIAL CONSTABULARY

Establishment of Special Constabulary, appointment of special constables
and general powers of Commissioner in respect thereto

53.-(1) There shall continue to be established in Fiji a Special Constabulary which shall be under the command, superintendence and direction of the Commissioner.

(2) The members of the Special Constabulary shall be known as special constables and shall hold such ranks as may be assigned to them by the Commissioner.

(3) Subject to the provisions of this Act and to the directions of the Minister, the Commissioner may-

(a) appoint such persons as he sees fit to be special constables;

(b) make such appointments, promotions and reductions in rank in respect of all special constables as he may see fit; and

(c) make orders for the general government of special constables in relation to their appointment, training, arms, clothing, equipment and other appointments, classification and particular services as well as their distribution and inspection, and such other orders as he may deem expedient for preventing neglect and for promoting efficiency and discipline on the part of special constables in the discharge of their duties.

(4) On appointment every special constable shall make before the Commissioner or any gazetted officer a declaration on oath or affirmation in the form prescribed, and shall receive a notice of appointment in the form prescribed.

Employment of special constables

54. Special constables may be employed with the Force wherever it is necessary to augment the Force for the preservation of the public peace and the prevention and detection of crime, and may be paid from public funds at such rates as may be prescribed.

Powers, privileges and protection of special constables

55.-(1) Every special constable while on duty shall have the same powers, privileges, including the carrying of arms, and protection, and shall be liable to perform the same duties as a police officer.

(2) Every special constable shall be subordinate to the same authorities as a police officer and to special constables of superior rank to himself.

Offences against discipline

56. Any special constable who commits any offence against discipline as may be prescribed under the provisions of this Act shall be liable to suffer punishment in accordance with section 57:

Provided that-

(a) nothing in this connexion shall be construed to exempt any special constable from being proceeded against for any offence by any other process of law;

(b) save as is expressly provided under the provisions of this Act, no special constable shall be punished twice for the same offence.

Trial of offences against discipline

57. For the purpose of the trial of offences against discipline the Commissioner, or any gazetted officer duly authorised by him, shall have power to impose any of the following punishments:-

(a) reprimand;

(b) severe reprimand;

(c) reduction in rank;

(d) dismissal:

Provided that any punishment of reduction in rank or dismissal imposed on any special constable by a gazetted officer, other than the Commissioner, shall not take effect until confirmed by the Commissioner who may confirm, vary or quash the punishment so imposed.

Commissioner to provide necessary equipment for special constables

58. It shall be lawful for the Commissioner to provide at the public expense for the use of special constables, such arms, ammunition, equipment, clothing and appointments as are necessary for the proper carrying out of the duties of their office.

Termination of appointment

59.-(1) The Commissioner or any gazetted officer duly authorised by him may terminate the appointment of any special constable whose services are no longer required, and shall forthwith transmit notice thereof in writing in the form prescribed to the special constable concerned.

(2) Every special constable who, within one week after receipt of a notice terminating his appointment under the provisions of subsection (1), fails to deliver up to such person at such time and place as may be stated in such notice as aforesaid, his notice of appointment and all arms, ammunition, equipment, clothing and appointments whatsoever which have been supplied to him under the provisions of this Act, shall be guilty of an offence and liable to a fine not exceeding forty dollars or to imprisonment for a period not exceeding three months or to both such fine and imprisonment:

Provided that, at the discretion of the Commissioner, any such special constable may, instead of delivering up any of such articles, make payment therefore in such amount as may be determined by the Commissioner.

(3) A special constable may resign his appointment at any time on giving one month's notice in writing:

Provided that in time of war, emergency or civil commotion or during any other period when the Commissioner considers it necessary to use the whole or any part of the Special Constabulary for the preservation of the public peace, a special constable may not resign without the permission of the Commissioner.

PART IX-MISCELLANEOUS

Regulations

60. The Minister may make regulations relating to all or any of the following matters:-

(a) the numerical establishment of the Force and the pay, allowances, conditions of service, duties and conduct of police officers and special constables;

(b) the description and issue of arms, ammunition, equipment, clothing and other appointments to be supplied to police officers and special constables;

(c) prescribing offences against discipline punishable under the provisions of this Act;

(d) rules of procedure for the trial of offences against discipline;

(Amended by Order 10th July, 1970)

(e) the control, administration and application of the Police Rewards and Fines Fund;

(f) prescribing anything to be prescribed under the provisions of this Act; and

(g) generally for the effective administration of this Act and for the good order and government of the Force and the Special Constabulary.

Controlled by Ministry of Home Affairs

---------------------------------------------

CHAPTER 85
POLICE

SECTION 4-RANKS OF THE FIJI POLICE FORCE

Notices 19th December 1965
[in force 1st January 1966],
28th February 1968*

(Declaration by the Governor)

The Royal Fiji Police Force shall consist of the following ranks with relative seniority in the order in which they are enumerated as follows:-

(a) Gazetted Officers-

(i) Commissioner of Police;

(ii) Deputy Commissioner of Police;

(iii) Senior Superintendent;

(iv) Superintendent;

(v) Deputy Superintendent;

(vi) Assistant Superintendent.

(b) Inspectorate Officers-

(i) Senior Inspector;

(ii) Inspector.

(c) Subordinate Officers-

(i) Sergeant Major;

(ii) Sergeant;

(iii) Corporal;

(iv) Constable.

__________________

SECTION 5 - SUBORDINATE OFFICERS (PERIODS OF ENLISTMENT) ORDER

Orders 4th April 1966
[in force 7th April 1966],
30th November 1966
See Legal Notice No. 27 of 1968.

(Made by the Commissioner of Police with the approval
of the Governor)

1. This Order may be cited as the Subordinate Officers (Periods of Enlistment) Order.

2. The periods of years for which subordinate officers shall be enlisted and re-enlisted for service in the Force shall be-

(a) in respect of all subordinate officers to whom the provisions of the Pensions and Gratuities (Disciplined Services) Act apply-

(Cap. 78.)

(Amended by Order 30th November 1966.)

(i) on first enlistment-at the option of such officer to be exercised on enlistment or, in the case of a subordinate officer enlisted prior to the commencement of that Act, within twelve months after that date - five, ten or fifteen years;

PART MISSING

(3) The first elections to the central committee shall be held within three months of the commencement of this Order, and thereafter elections shall be held biennially on the anniversary of the first elections or as close thereto as may be, in the opinion of the central committee, expedient.

(4) The central committee shall hold an annual meeting within three months of the first elections to the central committee and annually thereafter on the anniversary of the first annual meeting or as closely thereto as may be, in the opinion of the central committee, expedient.

(5) At each meeting held in terms of paragraph (4) the central committee shall elect from its members a chairman and a secretary.

(6) In addition to the meeting referred to in paragraph (4) the central committee may hold one additional meeting in each year, but further meetings may be held for special purposes with the approval of the Commissioner.

(7) No meeting held in terms of paragraphs (4) or (6) shall last longer than one day.

Election of members of central committee

5.-(1) All elections of members of the central committee shall be by secret ballot and the following provisions shall apply in respect thereof:-

(a) every person attending at the place of voting shall maintain the secrecy of the voting at that place and shall not communicate to any person, except for some purpose authorised by law, any information as to the name or other identification of any voter whether that voter has applied for a ballot paper or voted or not;

(b) no person shall interfere with a voter when marking his vote, or attempt to obtain, at the place of voting, information as to the candidate for whom any voter at that place has voted or is about to vote, or communicate at any time to any person any information obtained at the place of voting as to the candidate for whom any voter at that place has voted or is about to vote;

(c) every person in attendance at the counting of votes shall maintain the secrecy of the voting and shall not communicate any information obtained at the counting as to the candidate for whom any vote is given in any ballot paper;

(d) no person shall induce any voter to display his ballot paper after he has marked it so as to show the name of the candidate for or against whom he has voted;

(e) any person who contravenes any provision of this paragraph shall be guilty of an offence and liable to a fine of $20.00.

(2) Every member of the Association shall have a right to vote at the election of members of the central committee and may give one vote for each candidate of his choice but the total number of votes he may cast shall not exceed the number of candidates to be elected at that election.

(3) Subject to the provisions of this Order the central committee may determine the procedure for the election of members thereto and for the filling of casual vacancies thereon, but the first elections held under the provisions of paragraph (3) of regulation 4 shall be held in accordance with a procedure determined by the Commissioner.

Proceedings at meetings and quorum

6.-(1) The chairman, at any meeting of the central committee, shall have a casting vote and a deliberative vote.

(2) The quorum of a meeting of the central committee shall be a majority of the members thereof.

(3) Subject to the provisions of this Order, the central committee may regulate its own procedure and shall have the power to appoint subcommittees.

(4) The secretary of the central committee shall keep minutes of all the meetings thereof and shall, within thirty days of any meeting, forward two copies of those minutes to the Commissioner and one copy thereof to each member of that committee.

Representations by central committee

7. The central committee may, at any time, submit representations in writing to the Commissioner and, through the Commissioner, to the Minister, and shall consider and report upon any matters referred to it by the Commissioner or, through the Commissioner, by the Minister and all such communications shall be made in accordance with the standing orders of the Force.

Facilities for meetings

8. Except where a member of the Association is required for duty for which no substitute is available, permission shall be given for his attendance at all meetings held under the provisions of this Order and every such attendance shall be deemed to be an occasion of duty.

Suspension of central committee

9.-(1) The Commissioner, with the prior approval of the Minister may, at any time, suspend the central committee if he considers that it is in the interest of the Force to do so.

(2) When the central committee is suspended in terms of paragraph (1) any subcommittee thereof shall be suspended also.

_____________________

SECTION 45-POLICE (INSPECTORATE OFFICERS')
ASSOCIATION ORDER

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH
1. Short title
2. Interpretation
3. Establishment of Association
4. Membership of Association
5. Central committee
6. Constitution of central committee
7. Election of members of central committee
8. Procedure at meetings and quorum
9. Representations by central committee
10. Facilities for meetings
11. Suspension of central committee

----------------------------

Orders 26th January 1966 [in force 28th January 1966],
7th October 1970*, 31st August 1972t
* See Legal Notice No. 112 of 1970.
t See Legal Notice No. 87 of 1972.

(Made by the Governor and the Minister)

Short title

1. This Order may be cited as the Police (Inspectorate Officers') Association Order.

Interpretation

2. In this Order, unless the context otherwise requires-

"Association" means the Police (Inspectorate Officers') Association established by the provisions of this Order;

"central committee" means the central committee established under the provisions of paragraph 5.

Establishment of Association

3. There is hereby established an association to be known as the Police (Inspectorate Officers') Association, the objects of which shall be to enable inspectorate officers of the Force to bring to the notice of Government any matter affecting their welfare and efficiency, other than questions of discipline or promotion.

Membership of Association

4. All inspectorate officers of the Force shall be members of the Association.

Central committee

5. There shall be established a central committee through which committee the Association shall act.

Constitution of central committee

6.-(1) The central committee shall consist of five members of the Association to be elected in the manner hereinafter provided by members of the Association at elections to be held in the month of November in each second year, the first such election to be held in the month of November, 1972.
(Substituted by Order 31^st August 1972.)

(2) The central committee shall hold in each year, an annual meeting on a day, not later than 31st January, to be fixed by the Commissioner.

(3) At each annual meeting the central committee shall elect from among its members a chairman and a secretary.

(4) The central committee may hold not more than two meetings in each year, including the annual meeting, each lasting not more than one day:

Provided that additional meetings may be held for special purposes with the consent of the Commissioner.

Election of members of central committee

7.-(1) All elections of members of the central committee shall be by secret ballot and the following provisions shall apply in respect thereof:-

(a) every person in attendance at the polling station or other place of voting shall maintain and aid in maintaining the secrecy of the voting in such station or place and shall not communicate, except for some purpose authorised by law, before the poll is closed, to any person, any information as to the name or other means of identification of any voter, whether such voter has applied for a ballot paper or voted at that station or place or not;

(b) no person whatsoever shall interfere with or attempt to interfere with a voter when marking his vote, or otherwise attempt to obtain, in the polling station or other place of voting, information as to the candidate for whom any voter in such station or place has voted or is about to vote, or communicate at any time to any person any information obtained in the polling station or other place of voting as to the candidate for whom any voter in such station or place has voted or is about to vote;

(c) every person in attendance at the counting of votes shall maintain and aid in maintaining the secrecy of the voting and shall not communicate any information obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper;

(d) no person shall directly or indirectly induce any voter to display his ballot paper after he shall have marked the same so as to be made known to any person the name of the candidate for or against whom he has so marked his vote; and

(e) any person who acts in contravention of any of the foregoing provisions of this paragraph shall be guilty of an offence and liable to a fine not exceeding $20.

(2) Every member of the Association shall have a right to vote at the election of members of the central committee, and may give one vote and no more for each of the number of candidates to be elected.

(3) Subject to the provisions of this Order, the central committee may make regulations as to the mode of election of the members thereof and as to the filling of casual vacancies occurring among such members.

Procedure at meetings and quorum

8.-(1) The chairman, at any meeting of the central committee shall have a casting, as well as a deliberative, vote. The quorum of a meeting of the central committee shall be three.
(Amended by Order 31st August 1972*.)
* See Legal Notice No. 87 of 1972.

(2) Subject to the provisions of this Order, the central committee may regulate its own procedure, including the appointment of committees and subcommittees.

(3) The secretary of the central committee shall keep minutes of the meetings of the committee and shall within thirty days after the end of any such meeting forward two copies of the minutes thereof to the Commissioner and one copy of such minutes to each member of the committee.

Representations by central committee

9. The central committee may at any time submit representations in writing to the Commissioner and, through the Commissioner, to the Minister and shall consider and report upon any matters referred to it by the Commissioner or by the Minister through the Commissioner:

Provided that all such representations and reports shall be submitted to the Commissioner by the normal Force channels of correspondence and in conformity with the provisions of any regulations or orders for the time being in force in relation thereto.
(Amended by Order 7th October 1970*.)

Facilities for meetings

10. Except where, in special circumstances, an inspectorate officer is required for duty for which no substitute is available, leave shall be given for attendance at all meetings duly held under the provisions of this Order and every such attendance shall, as regards allowances and expenses, be deemed an occasion of duty.

Suspension of central committee

11.-(1) The Commissioner, with the prior approval of the Minister, may at any time suspend a central committee if he considers that the interests of the Force require that such committee shall forthwith cease to function.
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1972

(2) The suspension of a central committee shall include the suspension of any committee or subcommittee appointed by such central committee.

_____________

SECTION 45-POLICE (SUBORDINATE OFFICERS')
ASSOCIATION ORDER

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Short title
2. Interpretation
3. Establishment of Association
4. Membership of Association
5. Central committee
6. Constitution of central committee
7. Election of members of central committee
8. Procedure at meetings and quorum
9. Representations by central committee
10. Facilities for meetings
11. Suspension of central committee

---------------------------------------

Orders 21st January 1966 [in force 28th January 1966],
7th October 1970*, 31st August 1972t, 13^th December 1982t
* See Legal Notice No. 112 of 1970.
+ See Legal Notice No. 86 of 1972.
t See Legal Notice No. 141 of 1982.

(Made by the Governor and the Minister)

Short title

1. This Order may be cited as the Police (Subordinate Officers') Association Order.

2. In this Order, unless the context otherwise requires-

"Association" means the Police (Subordinate Officers') Association established by the provisions of this Order;

"central committee" means the central committee established under the provisions of paragraph 5.

Establishment of Association

3. There is hereby established an association to be known as the Police (Subordinate Officers') Association, the objects of which shall be to enable subordinate officers of the Force to bring to the notice of Government any matter affecting their welfare and efficiency, other than questions of discipline or promotion.

Membership of Association

4. All subordinate officers of the Force shall be members of the Association.

Central committee

5. There shall be established a central committee through which committee the Association shall act.

Constitution of central committee

6.-(1) The central committee shall consist of the following members of the Association:-

(a) seven to be elected from their number by members of the Association in all formations in the Southern Division, at least one of whom shall be of the rank of police constable;

(b) four to be elected from their number by members of the Association in the Western Division, at least one of whom shall be of the rank of police constable; and

(c) two to be elected from their number by members of the Association in the Northern Division, at least one of whom shall be of the rank of police constable; and

(d) two to be elected from their number by members of the Association in the Eastern Division, at least one of whom shall be of the rank of police constable.

(Inserted by Order 13 December 1982t.)

Such elections to be held in the manner hereinafter provided in the month of November in each second year, the first such election to be held in the month of November, 1972.
(Substituted by Order 31st August 1972*.)

(2) The central committee shall hold in each year, an annual meeting on a day, not later than 31st January, to be fixed by the Commissioner.

(3) At each annual meeting the central committee shall elect from among its members a chairman and a secretary.

(4) The central committee may hold not more than two meetings in each year, including the annual meeting, each lasting not more than one day:

Provided that additional meetings may be held for special purposes with the consent of the Commissioner.

Election of members of central committee

7.-(1) All elections of members of the central committee shall be by secret ballot and the following provisions shall apply in respect thereof:-

(e) any person who acts in contravention of any of the foregoing provisions of this paragraph shall be guilty of an offence and liable to a fine not exceeding $20.

(2) Every member of the Association in any Division or Divisions shall have a right to vote at the election of members of the central committee to be elected by the members of the Association in such Division or Divisions, and may give one vote and no more for each of any number of candidates not exceeding the number to be elected by the members of the Association in such Division or Divisions.
* See Legal Notice No. 86 of 1972.

Procedure at meetings and quorum

(2) Subject to the provisions of this Order, the central committee may regulate its own procedure, including the appointment of committees and subcommittees.

Representations by central committee

Facilities for meetings

10. Except where, in special circumstances, a subordinate officer is required for duty for which no substitute is available, leave shall be given for attendance at all meetings duly held under the provisions of this Order and every such attendance shall, as regards allowances and expenses, be deemed an occasion of duty.

Suspension of central committee

(2) The suspension of a central committee shall include the suspension of any committee or subcommittee appointed by such central committee.
* See Legal Notice No. 86 of 1972.
+ See Legal Notice No. 112 of 1970.

__________________________

SECTION 60-POLICE REGULATIONS

ARRANGEMENT OF REGULATIONS

PART I-PRELIMINARY

REGULATION

1. Short title

PART II-APPOINTMENT

2. Declaration on enlistment
3. Medical examination
4. Bar on enlistment

PART III-PAY AND ALLOWANCES

5. Pay
6. Increments
7. Subsistence allowances and passages
8. Monthly allowance
9. Extra duty allowance
10. Transfer allowances
11. Quarters

PART IV-DISCIPLINE

12. Offences against discipline
13. Procedure at trials for offences against discipline

PART V-SPECIAL CONSTABULARY

14. Declaration on appointment
15. Pay and allowances
16. Special constables not to engage as such in private employment
17. Termination of appointment

PART VI-GENERAL

18. Communications, complaints, grievances and petitions
19. Prohibition on taking part in professional sport
20. Issue of arms, equipment, etc.

First Schedule - Declaration on Appointment of Inspectorate or Subordinate Officer

Second Schedule - Rates of Subsistence Allowance

Third Schedule - Monthly Allowances

Fourth Schedule - Rates of Transfer Allowances

Fifth Schedule - Declaration on Appointment of Special Constable

Sixth Schedule - Notice of Appointment of Special Constable

Seventh Schedule - Rates of Pay for Special Constables

Eighth Schedule - Notice Terminating Appointment of Special Constable

Ninth Schedule - Annual Extra Duty Allowances

-----------------------------------------

Regulations 30th December 1965 [in force 1st January 1966],
16th March 1966, 16^th September 1966,
Regulations* 30th November 1967, 17th April 1968, 15th January 1969,
Orders t 10th July 1970, 7th October 1970,
Regulations t 14th July 1970, 26th August 1971, 24th January 1972,
28th June 1972, 2nd November 1972, 28th March 1973, 26th April 1977,
8th June 1977, 8th August 1977, 26th September 1977, 9th December 1977,
2nd July 1979, 22nd November 1979, 11th December 1979, 18th June 1980,
12th September 1980, 2nd July 1981, 29th October 1981, 15th January 1982,
13th December 1982

* See Legal Notices Nos. 99 of 1967, 54 of 1968, 16 of 1969.
+ See Legal Notices Nos. 71 of 1970, 112 of 1970.
t See Legal Notices Nos. 79 of 1970, 114 of 1971, 17 of 1972,
51 of 1972, 126 of 1972, 29 of 1973, 50 of 1977, 89 of 1977,
110 of 1977, 158 of 1977, 197 of 1977, 122 of 1979,
211 of 1979, 11 of 1980, 152 of 1980, 69 of 1981,
110 of 1981, 6 of 1982, 132 of 1982.
§ See Legal Notice No. 112 of 1970.
II See Legal Notice No. 89 of 1977.

(Made by the Governor and the Minister)

PART I-PRELIMINARY

Short title

1. These Regulations may be cited as the Police Regulations.

PART II-APPOINTMENT

Declaration on enlistment

2. Every inspectorate and subordinate officer shall, on joining the Force, make before a gazetted officer a declaration on oath or affirmation in the form set out in the First Schedule.

Medical examination

3. Prior to enlistment or re-enlistment for any period, every subordinate officer shall be passed medically fit by a Government medical officer on such medical examination as the Commissioner may direct.

Bar on enlistment

4. No subordinate officer shall be enlisted or re-enlisted for further service in the Force after he has attained the age of 55 years.

PART III-PAY AND ALLOWANCES

Pay

5. The pay of all inspectorate and subordinate officers shall be as set forth in the approved annual estimates of Fiji and shall be paid at such intervals being not greater than one month as the Commissioner with the approval of the Minister may direct.
(Amended by Order 7th October 1970S.)

Increments

6. The procedure for the granting of annual increments of pay to inspectorate and subordinate officers shall be in accordance with the directions of the Commissioner. (Substituted by Regulations 8th June 1977 \\)

Subsistence allowances and passages

7.-(1) The rates of subsistence allowances to be paid, in the circumstances specified in General Orders, to inspectorate and subordinate officers travelling on duty shall be in accordance with those specified in the Second Schedule.

(2) All police officers travelling on inter-island vessels either on duty or on transfer within Fiji shall be eligible for saloon passages.

Monthly allowances

8. The rates of monthly allowances payable to inspectorate and subordinate officers at the discretion of the Commissioner shall be in accordance with those specified in the Third Schedule.

Extra duty allowance

9. The rates of annual extra duty allowance payable to inspectorate and subordinate officers at the discretion of the Commissioner shall be in accordance with those specified in the Ninth Schedule:

Provided that, for the purpose of calculating such allowances, any period during which any such officer is undergoing basic recruit training shall be excluded.

Transfer allowances

10. The rates of transfer allowances payable, in the circumstances specified in General Orders, to inspectorate and subordinate officers shall be in accordance with those specified in the Fourth Schedule.
(Inserted by Regulations 18th June 1980*.)

Quarters

11.-(1) Inspectorate officers who occupy Government or police quarters shall pay rent at the rate of 10 per cent of their salaries for furnished quarters and at the rate of 5 per cent of their salaries for unfurnished quarters and any inspectorate officer who is not provided with such quarters shall receive a lodging allowance of $50.00 per month.
(Substituted by Regulations 9th December 1977f and amended by Regulations 22nd November 1979f.)

(2) Subordinate officers allocated Government or police quarters shall not pay rent, electricity charges, water charges or sanitation fees and shall be supplied with free light and fuel; and if no such quarters are available for them such allowances as may from time to time be fixed by the Commissioner with the approval of the Minister shall be paid to them.
(Amended by Order 7th October 1970t.)

(3) Notwithstanding paragraphs (1) and (2), where a husband and wife are police officers and are residing together, then-

(a) if both of them are inspectorate officers-

(i) any rent which would otherwise be payable by them under and in accordance with paragraph (1) shall be calculated solely as a percentage of whichever of their respective salaries is the greater and shall be payable by each of them pro rata the amount of his or her salary;

(ii) each of them shall be entitled to one-half of any allowance to which they would be entitled under paragraph (1) but for this paragraph;

(b) if one of them is an inspectorate officer and the other is a subordinate officer, paragraph (2) shall not apply to the subordinate officer; and

(c) if both of them are subordinate officers, each of them shall be entitled to one-half of any allowance to which they would be entitled under paragraph (2) but for this paragraph.

(Inserted by Regulations 15th January 1982*.)

See Legal Notice No. 116 of 1980.
+ See Legal Notice No. 197 of 1977.
f See Legal Notice No. 211 of 1979.

PART IV-DISCIPLINE

Offences against discipline

12. Any inspectorate or subordinate officer who commits any of the following offences:-

(1) uses traitorous or disloyal words regarding the Sovereign;

(2) is disrespectful in word, act or demeanour to any of his superior officers;

(3) wilfully disobeys any lawful order;

(4) is guilty of drunkenness;

(5) drinks intoxicating liquor whilst on duty for which he has been detailed;

(6) parades for duty for which he has been detailed, under the influence of liquor;

(7) absents himself without leave;

(8) sleeps at his post or leaves it without authority before being regularly relieved, except in fresh pursuit of any person whom it is his duty to apprehend;

(9) being under arrest or confinement, leaves or escapes from arrest or confinement before he is set at liberty by proper authority;

(10) neglects or without reasonable excuse refuses to assist in the apprehension of any person whom it is his duty to apprehend, when lawfully ordered to assist;

(11) negligently allows any prisoner who is committed to his charge or whom it is his duty to keep or guard, to escape;

(12) offers or uses unwarranted violence to or ill treats any person in his custody;

(13) is guilty of cowardice;

(14) discharges any arms without just cause or orders;

(15) without reasonable cause fails to present himself at any parade or for any duty at the time appointed by his superior officer;

(16) pawns, sells, loses by neglect, makes away with, wilfully or by neglect damages, or fails to report any damage to, any arms, ammunition, equipment, clothing or other appointment supplied to him or any other public property committed to his charge;

(17) without due authority parades for or attends any duty out of uniform or dirty or untidy in his person, arms, clothing or equipment;

(18) is slovenly, inattentive, uncivil or quarrelsome;

(19) without due authority discloses or conveys any information concerning any investigation or other police matter;

(20) malingers, feigns or wilfully produces any disease or infirmity;

* See Legal Notice No. 5 of 1982.

(21) is guilty of wilful misconduct or wilfully disobeys, whether in hospital or otherwise, any orders, by means of which misconduct or disobedience he produces or aggravates any disease or infirmity or delays its cure;

(22) incurs debt beyond his means;

(23) resists or escapes from an escort whose duty it is to bring him or have him in charge;

(24) makes any false statement upon joining the Force;

(25) refuses or, by culpable neglect, omits to make, sign or send any report or return which it is his duty to make, sign or send;

(26) knowingly makes any false accusation against any other police officer or any other person;

(27) in making any complaint against any other police officer or any other person, makes a false statement affecting the character of such police officer or other person, knowing such statement to be false, or knowingly and wilfully suppresses any material facts;

(28) omits to make any entry in any official document, book or paper which he is required to make in the execution of his duty;

(29) makes or signs any false report or statement in any official record or document knowing or having reasonable grounds to believe that the same is false;

(30) engages in any employment or office other than in accordance with his duties as a police officer;

(31) takes any active part in any political organization or electoral campaign or engages in any other activity which is likely to interfere with the impartial discharge of his duties as a police officer;

(32) takes part in any professional sport;

(33) becomes security for any person, or engages in any loan transaction with any person, without the permission in writing of the Commissioner;

(34) if called upon by any gazetted officer to furnish a full and true statement of his financial position, fails to do so;

(35) in any way obstructs the duties of any other police officer;

(36) is disobedient of, or negligent in carrying out, any other of the provisions of the Act or of these Regulations, not herein expressly mentioned, or any lawful order of any superior officer in the Force; or

(37) is guilty of any other act, conduct, disorder or neglect to the prejudice of good order or discipline,

shall be guilty of an offence against discipline for the purposes of section 30 of the Act.

Procedure at trials for offences against discipline

13. The following procedure shall apply to all proceedings heard by any tribunal under the provisions of section 32 of the Act:-

(i) the officer charged with an offence against discipline (hereinafter referred to as "the accused") shall be supplied with a copy of the charge prior to the hearing;

(ii) no documentary evidence shall be used in any such proceedings unless the accused has been given access thereto prior to the hearing;

(iii) the evidence of any witness taken during the course of the proceedings shall be recorded in the presence of the accused;

(iv) the evidence given at the proceedings need not be taken down in full, but the substance and material points thereof must be recorded in writing and read over to the accused;

(v) the accused shall have the right to cross-examine each witness giving evidence against him and after each such witness has given evidence he shall be asked if he desires to cross-examine such witness;

(vi) the accused shall be asked if he desires to give evidence in his own defence and to call witnesses and, if he does so desire, shall be given a reasonable opportunity to do so;

(vii) the tribunal may, in its discretion, allow the accused to be assisted by a friend, being a gazetted officer, and, when such permission is given, his defence may be conducted by such friend.

(Amended by Order 10th July 1970*.)

PART V-SPECIAL CONSTABULARY

Declaration on appointment

14. Every special constable shall, on appointment as such, make before the Commissioner or any gazetted officer a declaration on oath or affirmation in the form set out in the Fifth Schedule and shall receive a notice of appointment in the form set out in the Sixth Schedule.
(Amended by Regulations 16th September 1966.)

Pay and allowances

15.-(1) Special constables shall be paid at the rates specified in the Seventh Schedule in respect of each day during which they have been on duty (including training).

(2) Except as expressly provided in paragraph (1), a special constable shall not be entitled to any remuneration in respect of his services as such.

(3) A special constable may, in the discretion of the Commissioner, be granted travelling and subsistence allowances at the same rates as are applicable to a police officer of the nearest equivalent rank to that of such special constable.

Special constables not to engage as such in private employment

16. No special constable shall allow himself, in his capacity as a special constable, to be employed by any private person.

Termination of appointment

17. Notice of termination of the appointment of a special constable shall be in the form set out in the Eighth Schedule.
(Inserted by Regulations 16th March 1966.)

PART VII-GENERAL

Communications, complaints, grievances and petitions

18.-(1) Subject to the provisions of paragraph (2), every inspectorate and subordinate officer and every special constable shall be entitled to make any complaint or application, either orally or in writing, to his superior officer who shall, on the request of the officer or special constable making such complaint or application, forward the same to the Commissioner without delay.
* See Legal Notice No. 71 of 1970.

(2) No inspectorate or subordinate officer or any special constable shall-

(a) together with any other such officer or special constable, prepare or initially sign any complaint, petition or statement of grievances in relation to any matter concerning the Force;

(b) petition the Governor-General or Minister in relation to any complaint or grievance unless such complaint or grievance has been previously communicated in writing through his superior officer to the Commissioner and the reply of the Commissioner relating to such complaint or grievance has been communicated to the officer or special constable making the same; or

(Amended by Order 7th October 1970*.)

(c) put forward any anonymous communication whatsoever to any officer in the Force or the Special Constabulary.

Prohibition on taking part in professional sport

19. No police officer shall take part in any professional sport.

Issue of arms, equipment, etc.

20.-(1) Police officers and special constables shall be issued with such arms, ammunition, equipment, clothing and appointments as may from time to time be determined by the Commissioner.

(2) Subject to the provisions of sections 15 and 59 of the Act, all arms, ammunition, equipment, clothing and other appointments whatsoever supplied to any police officer or special constable or for use by him, under the provisions of this regulation shall remain the property of the Government.

(3) Arms, ammunition, equipment, clothing and other appointments and stores issued to any police officer or special constable shall be used for police purposes only.

FIRST SCHEDULE
(Regulation 2)
(Amended by Order 7th October 1970*.)

DECLARATION ON APPOINTMENT OF INSPECTORATE OR
SUBORDINATE OFFICER

I, do solemnly and sincerely declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, and that I will faithfully serve Her and Her Heirs and Successors during my service in the Royal Fiji Police Force and will obey all orders of the Governor-General and of the officers placed over me and will subject myself to all Acts, Orders and Regulations relating to the Royal Fiji Police Force now in force or which may from time to time be enforced.

Signature of Police Officer:
Sworn (or affirmed) at this day of 19 .
Before me:
(Signature of Commissioner or gazetted officer)
* See Legal Notice No. 112 of 1970.

______________

SECOND SCHEDULE
(Regulation 7 (1))
(Substituted by Regulations 18th June 1980*.)

RATES OF SUBSISTENCE ALLOWANCE

Inspectorate and subordinate officers (per day)............................. $8.00

_______________

THIRD SCHEDULE
(Regulation 8)
(Amended by Regulations 15th January 1969, 26th August 1971, 2nd July 1979
22nd November 1979, 11th December 1979.)

MONTHLY ALLOWANCES

Fiji%20-%20Police%20Act%20[Cap%2085]00.png

FOURTH SCHEDULE
(Regulation 10)
(Substituted by Regulations 18th June 1980*.)

RATES OF TRANSFER ALLOWANCES
Inspectorate and Subordinate officers (Married)............. $150.00
Inspectorate and Subordinate officers (Single)................ $ 80.00

* See Legal Notice No. 116 of 1980.
+ See Legal Notices Nos. 16 of 1969, 114 of 1971, 122 of 1979, 211 of 1979, 11 of 1980

________________________

FIFTH SCHEDULE
(Regulation 14)
(Amended by Order 7th October 1970*.)

DECLARATION ON APPOINTMENT OF SPECIAL CONSTABLE

I, do solemnly and sincerely declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, and that I will faithfully serve Her and Her Heirs and Successors, during my service in the Special Constabulary and will obey all orders of the Governor-General and of the officers placed over me and will subject myself to all Acts, Orders and Regulations relating to the Special Constabulary now in force or which may from time to time be enforced.

Signature of Special Constable:
Sworn (or affirmed) at this day of , 19
Before me:
(Signature of Commissioner or gazetted officer)

___________________________

SIXTH SCHEDULE
(Regulation 14)
(Inserted by Regulations 16th September 1966.)

NOTICE OF APPOINTMENT OF SPECIAL CONSTABLE

To.............................................................. of..............................................................
Take Notice that in exercise of the powers conferred by section 53 of the Police Act, you are hereby appointed to be a special constable with effect from the day of , 19 .

Dated this day of , 19

(Signature of Commissioner
of Police or of gazetted
officer duly authorised by
him)

* See Legal Notice No. 112 of 1970.

_________________

SEVENTH SCHEDULE
(Regulation 15(1))
(Substituted by Regulations 13th December 1982*.)

RATES OF PAY FOR SPECIAL CONSTABLES

Rank
Senior Inspector
Inspector
Sergeant Major
Sergeant
Corporal
Constable

Rate per hour
$3.05
$2.54
$2.51
$2.07
$1.79
$1.34

_______________________

EIGHTH SCHEDULE
(Regulation 17)

NOTICE TERMINATING APPOINTMENT OF SPECIAL
CONSTABLE

To ....................................................................................of........................................

Take Notice that, in exercise of the powers conferred by subsection (1) of section 59 of the Police Act, your appointment as a special constable made on the......................day of...... 19........... is hereby terminated with effect from the............................day of............................. 19..........

AND THAT you are hereby required to deliver up your letter of appointment and all arms, ammunition, equipment, clothing and appointments whatsoever which have been supplied to you under the provisions of the Police Act, to the officer in charge of the nearest police station within one week of the date of service of this notice upon you.

Dated at this day of , 19

(Signature of Commissioner
of Police or of gazetted
officer duly authorised by
him)

* See Legal Notice No. 132 of 1982.

_________________

Interpretation

1. In these Regulations, unless the context otherwise requires-

"salary" means basic salary;

"tour" means the period of resident service of 3 years commencing on the appointment of an officer or after the expiry of a grant to him of vacation leave.

Inspectorate Officers' leave and leave allowances

3. Senior Inspectors and Inspectors shall be entitled to leave and leave allowances on the following conditions:-

(1) Annual Leave-16 days' leave with full salary for each period of 12 months' service provided that only 2 such periods of annual leave may be granted during a tour. Annual leave cannot be accumulated. The date or dates when such annual leave is taken is or are at the discretion of the Commissioner and subject to the exigencies of the service.

(2) Vacation Leave-56 consecutive days' leave with full salary on completion of each tour, including any service as a Subordinate Officer during that tour.

(3) Long Service Leave-

On completion of 12 years' continuous service, 30 days

On completion of 15 years' continuous service, 42 days

On completion of 20 years' continuous service, 56 days

On completion of 25 years' continuous service, 84 days

On completion of 30 years' continuous service, 112 days

(4) Leave Allowance-Leave allowance shall be payable as follows:-

(a) $200 which shall be paid 7 days before long service leave is taken;

(b) $100 for every tour after an officer becomes entitled to long service leave (whether he takes such long service leave or not), or, if leave allowance has been received by an officer under regulation 4 (4) (a), then after every tour of service as an Inspectorate Officer. This allowance is payable 7 days before the end of the tour.

(Amended by Regulations 28th July 1977*.)

Subordinate Officers' leave and leave allowances

4. Subordinate Officers shall be entitled to leave and leave allowances on the following conditions:-

(2) Vacation Leave-42 consecutive days' leave with full salary on completion of each tour.

(3) Long Service Leave-

On completion of 12 years' continuous service, 30 days

On completion of 15 years' continuous service, 42 days

On completion of 20 years' continuous service, 56 days

On completion of 25 years' continuous service, 84 days

On completion of 30 years' continuous service, 112 days.

(4) Leave Allowance-Leave Allowance shall be payable as follows:-

(a) $150 which shall be paid 7 days before long service leave is taken;

(b) $50 for every tour after an officer becomes entitled to long service leave (whether he takes such long service leave or not) payable 7 days before the end of the tour.

(Amended by Regulations 28th July 1977*.)

* See Legal Notice No. 105 of 1977.

Leave before completing minimum tour

5.-(1) Inspectorate and Subordinate Officers may be granted vacation leave before completion of a minimum tour of service in the following circumstances:-

(a) on the grounds of urgent private affairs;

(b) if required by the Commissioner to take leave;

(c) if called upon to retire;

(d) before retirement at an officer's own request,

and the period of such leave shall be calculated on a pro rata basis in relation to the number of months' service completed during the tour.

(2) In the case of retirement from the Force, whether at the officer's own request or at the instigation of Government, an Inspectorate or Subordinate Officer shall be granted the vacation leave earned by him during the tour in which he retires.

(2A) An officer granted vacation leave in any of the circumstances specified in paragraph (1) or paragraph (2) shall, in addition, be granted any annual leave then due to him, calculated on a pro rata basis.
(Inserted by Regulations 27th May 1981.)

(3) In the case of retirement from the Force, whether at the officer's own request or at the instigation of Government, an Inspectorate or Subordinate Officer shall be granted leave allowance as follows:-

Number of months' service in the tour

36 months

x Leave Allowance

Provided that if the officer has completed 20 years' service and not less than half the tour, he shall be granted the full amount of leave allowance.

Unexpired leave to be carried forward

6. An Inspectorate or Subordinate Officer who is required to resume duty before the expiry of his leave shall carry forward the balance of his leave to his next tour; any such leave carried forward shall be taken at the end of the next tour. No compensation shall be payable to the officer.
* See Legal Notice No. 105 of 1977.
t See Legal Notice No. 58 of 1982.

Extensions of leave

7.-(1) An Inspectorate or Subordinate Officer while on leave may be granted by the Commissioner extension of leave-

(a) on full salary on the grounds of ill-health in accordance with regulation 10;

(b) on the grounds of public interest which, unless otherwise directed, shall be on full salary.

(2) Extensions of leave granted on any grounds other than those set out in this regulation or in regulation 10 shall be without salary unless decided otherwise by the Commissioner.

Leave may be spent outside Fiji

8. Leave granted to Inspectorate and Subordinate Officers may be spent outside Fiji provided that permission has been granted by the Commissioner.

Compassionate leave

9.-(1) The Commissioner may grant an Inspectorate or Subordinate Officer compassionate leave not exceeding 3 days in total during any 12 month period.

(2) Any leave granted to an officer under paragraph (1) shall be in addition to any other leave to which he may be entitled under these Regulations.
(Substituted by Regulations 6th October 1982*.)

Sick leave

10.-(1) The Commissioner may, on the recommendation of a Government Medical Officer, at any time grant up to 3 months' sick leave in any period of 12 months to any Inspectorate or Subordinate Officer. Such sick leave shall be on full pay, unless necessitated by the officer's own indiscretion or negligence in which case such leave may be without salary or on such reduced salary as may be decided by the Commissioner.

(2) If at the expiration of 3 months' sick leave any Inspectorate or Subordinate Officer is still unfit for service, the Commissioner may grant such officer any vacation leave he has earned and if at the expiration of such vacation leave the officer is then certified by a Medical Board to be unfit for duty this latter period of vacation leave may be extended by a further period of 180 days which, subject to the provisions of paragraph (1), shall be on full salary. Where there is any reason to believe that the officer will ultimately be fit for duty, this period may be further extended by an additional 180 days which, subject as aforesaid, shall be on half salary.

Study leave

11. Study leave may be granted by the Commissioner to an Inspectorate or Subordinate Officer in accordance with Government Leave Regulations.
* See Legal Notice No. 58 of 1982.

____________________________

FIJI POLICE MEDAL REGULATIONS

Regulations 28th July 1972*

(Made by the Governor-General under Royal Warrant dated 16th May 1972)

1. These Regulations may be cited as the Fiji Police Medal Regulations.

2. The Medal shall be open to all ranks of the Royal Fiji Police.

3. Recommendations for the award of the Medal shall be submitted to the Governor-General by the Prime Minister on the advice of the Commissioner of Police. The Medal will be awarded on the authority of Her Majesty the Queen and notification of such award shall be published in the London Gazette and the Fiji Royal Gazette.

4. The qualifications for the Medal shall be as follows:-

(a) Conspicuous gallantry.

(b) Valuable service characterised by resource and devotion to duty, including prolonged services marked by exceptional ability, merit and exemplary conduct.

5. Any award of the Medal for conspicuous gallantry shall be made as soon as possible after the event occasioning the grant, and all other awards shall be made bi-annually on the occasion of Her Majesty's Birthday or at the New Year; provided that a recommendation may be made at any time when the Governor-General so commands.

6.-(1) A recipient of the Medal or Clasp who is convicted of a criminal offence or is dismissed or removed from the Royal Fiji Police for misconduct shall forfeit the Medal or Clasp unless the Governor-General on behalf of Her Majesty the Queen shall otherwise direct.

(2) A Medal or Clasp so forfeited may be restored to the recipient by the Governor-General on behalf of Her Majesty the Queen on the advice of the Prime Minister.

(3) A notice of forfeiture or restoration shall in every case be published in the London Gazette and in the Fiji Royal Gazette.

7.-(1) When a Medal is lost through carelessness or neglect, the Commissioner of Police may recommend that the loser be provided with a new Medal at the loser's expense. If the loss is accidental, it may be recommended that the loser be supplied with a new Medal, either at his own or at the public expense, according to the circumstances of the case.

(2) An application for a new Medal to replace one which has been lost must be accompanied by a declaration as to the circumstances under which the original Medal was lost. A new Medal will not be issued until a period of six months has elapsed since the date on which the loss occurred.

8. The award of the Medal will not be a bar to subsequent recommendation for the award of the Queen's Police Medal.
* See Legal Notice No. 61 of 1972.

_____________________

FIJI POLICE LONG SERVICE AND GOOD CONDUCT MEDAL
REGULATIONS

Regulations 28th July 1972*

(Made by the Governor-General under Royal Warrant
dated 16th May 1972)

1. These Regulations may be cited as the Fiji Police Long Service and Good Conduct Medal Regulations.

2.-(1) The Fiji Police Long Service and Good Conduct Medal will be granted as a reward for long service and good conduct to members of the Royal Fiji Police who, on or after 10th October, 1970, shall have completed eighteen years' continuous service as hereinafter defined.

(2) A Clasp will also be granted to a recipient of the Medal and to a recipient of the Colonial Police Long Service Medal on his completing twenty-five years' qualifying service, and a further Clasp on completing thirty years' qualifying service. For each Clasp so awarded a small silver rose may be added to the ribbon of either medal when worn alone.

3.-(1) Qualifying service in the Royal Fiji Police before the 10th October, 1970, may be allowed to reckon towards the required period of qualifying service. Service in a Police Force which was qualifying service for the Police Long Service and Good Conduct Medal or the Colonial Police Long Service Medal may be aggregated with service in the Royal Fiji Police and allowed to count towards the required period of eighteen years' service provided no award of the Police Long Service and Good Conduct Medal or the Colonial Police Long Service Medal has been made.

(2) Where service has been rendered in the Royal Fiji Police and in one or more other Police Forces as aforesaid, an interval not exceeding twelve months between any two periods of service shall not be regarded as breaking the continuity of such service.

(3) A break in service in any one Police Force not exceeding six calendar months shall not be regarded as breaking the continuity of such service.

4.-(1) For the purpose of these Regulations, service shall be reckoned as qualifying service only if it is certified that the character and conduct of the person recommended for the grant of the Medal or Clasp has been exemplary. No police officer aforementioned shall be deemed to be of exemplary character who during the last ten years of his service has been convicted of-

(a) any criminal offence, excluding offences under the Traffic Act (but including the offences of driving under the influence of drinks or drugs);

(b) a disciplinary offence of drunkenness or incapacity for duty due to alcoholism; or

(c) a disciplinary offence and sentenced to punishment of-

(i) reduction in rank;

(ii) confinement to barracks for not less than fourteen days; or

(iii) fined more than three days' pay.

5. Recommendations for the award of the Medal or Clasp shall be submitted to the Governor-General by the Prime Minister on the advice of the Commissioner of Police. The Medal will be awarded on the authority of the Governor-General and a notification of such award shall be published in the Fiji Royal Gazette.
* See Legal Notice No. 62 of 1972.

(2) A Medal or Clasp so forfeited may be restored to the recipient by the Governor-General on the advice of the Prime Minister.

(3) A notice of forfeiture or restoration shall in every case be published in the Fiji Royal Gazette.

7.-(1) When a Medal is lost through carelessness or neglect, the Commissioner of Police may recommend that the loser be provided with a new Medal at his own expense. If the loss is accidental, it may be recommended that the loser be supplied with a new Medal, either at his own or at the public expense, according to the circumstances of the case.

____________________

FIJI SPECIAL CONSTABULARY MEDAL REGULATIONS

Regulations in force 27th March 1979*

(Made by the Governor-General under the Royal Warrant
dated 27th March 1979)

1. These Regulations may be cited as the Fiji Special Constabulary Medal Regulations.

2. In these Regulations, "Reserve" means the former Fiji Police Force Reserve.

3.-(1) The Fiji Special Constabulary Medal will be granted as a reward for long service and good conduct to members of the Fiji Special Constabulary who, on or after the 10th day of October 1970, shall have completed fifteen years' continuous service as hereinafter defined.

(2) A Clasp will also be granted to a recipient of the Medal on his completing twenty-five years' qualifying service, and a further Clasp on completing thirty years' service. For each Clasp so awarded a small silver rose may be added to the ribbon of the medal when worn alone.

4.-(1) Qualifying service in the Reserve and the Fiji Special Constabulary before the 10th day of October 1970, may be allowed to reckon towards the required period of qualifying service. Service in a Special Constabulary which was qualifying service for the Colonial Special Constabulary Medal may be aggregated with service in the Reserve and the Fiji Special Constabulary and allowed to count towards the required period of fifteen years' service provided no award for the Colonial Special Constabulary Medal has been made.

(2) Where service has been rendered in the Fiji Special Constabulary and in one or more other Special Constabulary twelve months between the two periods of service shall not be regarded as breaking the continuity of such service.

(3) A break in service in any one Special Constabulary Force not exceeding six calendar months shall not be regarded as breaking the continuity of such service.
See Legal Notice No. 192 of 1979.

5.-(1) For the purpose of these Regulations, service shall be reckoned as qualifying service only if it is certified that the character and conduct of the person recommended for the grant of the Medal or Clasp has been exemplary. No member of the Special Constabulary shall be deemed to be of exemplary character who during the last seven years of his service has been convicted of-

(a) any criminal offence, excluding offences under the Traffic Act (but including the offences of driving under the influence of drinks or drugs);

(b) a disciplinary offence of drunkenness or incapacity for duty due to alcoholism; or

(c) a disciplinary offence and sentenced to a punishment of reduction in rank.

and a notification of such award shall be published in the Fiji Royal Gazette.

(2) A Medal or Clasp so forfeited may be restored to the recipient by the Governor-General on the advice of the Prime Minister.

(3) A notice of forfeiture or restoration shall in every case be published in the Fiji Royal Gazette.

(6) Recommendation for the award of the Medal or Clasp shall be submitted to the Governor-General by the Prime Minister on the advice of the Commissioner of Police. The Medal will be awarded on the authority of the Governor-General and a notification of such award shall be published in the Fiji Royal Gazette.

7.-(1) A recipient of the Medal or Clasp who is convicted of a criminal offence or is dismissed or removed from the Fiji Special Constabulary for misconduct shall forfeit the Medal or Clasp unless the Governor-General shall otherwise direct.

(2) A Medal or Clasp so forfeited may be restored to the recipient by the Governor-General on the advice of the Prime Minister.

(3) A notice of forfeiture or restoration shall in every case be published in the Fiji Royal Gazette.

8.-(1) When a Medal is lost through carelessness or neglect, the Commissioner of Police may recommend that the loser be provided with a new Medal at his own expense. If the loss is accidental, it may be recommended that the loser be supplied with a new Medal, either at his own or public expense, according to the circumstances of the case.

_______________________

SECTION 107 OF THE CONSTITUTION

DELEGATION TO CHAIRMAN OF THE POLICE SERVICE COMMISSION
OF POWER TO CONCUR IN DISCHARGE AND
REMOVAL OF NON-GAZETTED OFFICERS*

Legal Notice 2nd January 1974 (No. 8 of 1974)

The Police Service Commission has delegated to the chairman of the Police Service Commission the power, vested in the Police Service Commission under the proviso of subsection (2) of section 107 of the Constitution, of concurring in the discharge of police officers, other than gazetted officers, by the Commissioner of Police under the provisions of subsection (1) of section 14 of the Police Ordinance.
* Made under section 107 of the Constitution and, for convenience, included with the subsidiary legislation under the Police Act.

____________________

SECTION 107 OF THE CONSTITUTION

DELEGATION TO THE COMMISSIONER OF POLICE OF POWER
OF INTERDICTION OF GAZETTED OFFICERS*

Legal Notice 6th June 1975 (No. 75 of 1975)

The Police Service Commission has delegated to the Commissioner of Police the power of interdiction of gazetted officers in the Royal Fiji Police Force subject to any condition specified in the Police Service Commission Regulations.

_________________

SECTION 107 OF THE CONSTITUTION

DELEGATION TO THE COMMISSIONER OF POLICE OF POWER
TO MAKE ACTING APPOINTMENTS TO CERTAIN OFFICES IN THE
ROYAL FIJI POLICE FORCE*

Legal Notice 9th September 1975 (No. 99 of 1975)

The Police Service Commission has delegated with effect from 5th September 1975 to the Commissioner of Police the power to make acting appointments to offices above the rank of Senior Inspector and not above the rank of Superintendent.

* Made under section 107 of the Constitution and, for convenience, included with the subsidiary legislation under the Police Act.
+ Made under section 135 of the Constitution and, for convenience, included with the subsidiary legislation under the Police Act.

________________

SECTION 135 OF THE CONSTITUTION

POLICE SERVICE COMMISSION REGULATIONS'

ARRANGEMENT OF REGULATIONS

PART I-PRELIMINARY

REGULATION

1. Short title
2. Application and interpretation

PART II-GENERAL

3. Maintenance of high standard of efficiency
4. Attendance of officers and production of documents
5. Report to be accompanied by relevant papers

PART III-ADVERTISEMENTS

6. Advertisement of vacancies

PART IV-APPOINTMENTS AND PROMOTION

7. Principles and procedure in selection for promotion
8. Appointments and promotions
9. Acting appointment

PART V-PROBATIONARY APPOINTMENTS

10. Probationary appointments and confirmation

PART VI-ANNUAL INCREMENTS AND ADVANCEMENT BARS

11. Annual increments and advancement bars
12. Passing of advancement bars

PART VII-TERMINATION OF APPOINTMENT

13. Compulsory retirement
14. Retention of an officer after age of compulsory retirement
15. Compulsory retirement or reduction in rank in the public interest
16. Termination or abolition of office
17. Premature termination of contract of service

PART VIII-DISCIPLINE

18. Disciplinary offences
19. Interdiction
20. Interdiction of gazetted officers
21. Letter of warning
22. Criminal prosecution
23. No disciplinary action while proceeding is pending
24. Criminal conviction of gazetted officer
25. Disciplinary action after acquittal on criminal charge
26. Dismissal
27. Misconduct not warranting dismissal
28. Punishments

PART IX-ADMINISTRATIVE

29. Meetings and records
30. Proceedings of Commission privileged
31. Protection of Commission
32. Power to require attendance of witnesses, etc.
33. Attempting to influence Commission
34. Giving false information to Commission
35. Interpretation
36. Divulging official information

----------------------------------------------

Regulations* 6th June 1975 [in force
13th June 1975}, 14th July 1976

(Made by the Police Service Commission)

PART I-PRELIMINARY

Short title

1. These Regulations may be cited as the Police Service Commission Regulations.

Application and interpretation

2.-(1) Unless the context otherwise requires, the provisions of these Regulations shall only apply to gazetted officers or gazetted offices, as hereinafter defined, in the Royal Fiji Police Force and-

"appointment" includes-

(a) the conferment of a gazetted office, whether or not subject to subsequent confirmation, upon a police officer or person not a member of the Royal Fiji Police Force;

(b) the grant of permanent and pensionable terms of service in a gazetted office to a person recruited and serving on contract or temporary non-pensionable terms of service in a pensionable or non-pensionable public office;

(c) the engagement in a gazetted office of a person on contract terms of service for a further period of service on the conclusion of his previous period of engagement on contract terms in the same or another gazetted office; or

(d) the permanent transfer to a gazetted office of a police officer of any police force in the United Kingdom or of another Commonwealth country, who is serving on temporary transfer in a gazetted office;

"Chairman" means the Chairman of the Commission or any person appointed to act temporarily as Chairman;

"Commission" means the Police Service Commission established by section 106 of the Constitution;

"Commissioner" means the Commissioner of Police or any person acting in that office;

"deferred increment" means when an officer's incremental date is deferred and upon restoration, the date of restoration becomes the officer's future incremental date;

"Force" means the Royal Fiji Police Force;

"gazetted officer" means any officer of or above the rank of Assistant Superintendent and the expression "gazetted office" has a corresponding meaning;

"General Orders" means the General Orders for the public service of Fiji as from time to time amended;

PART II-GENERAL

Maintenance of high standard of efficiency

3. The Commission shall always have regard to the maintenance of a high standard of efficiency in the Force.

Attendance of officers and production of documents

4.-(1) The Commission may require any police or public officer to attend and give evidence before it and to produce any official document concerning any matter which it is required to consider in exercise of its functions under the Constitution or under these Regulations.

(2) Any police or public officer who without reasonable cause, fails-

(a) to appear before the Commission when notified to do so; or

(b) to comply with any request made by the Commission under the provisions of these Regulations,

shall be guilty of a breach of discipline, and the Commission may request or order, as the case may be, that disciplinary proceedings be instituted against him.

Report to be accompanied by relevant papers

5. Where the Commissioner has to render or make any report under the provisions of these Regulations, copies of all necessary supporting and relevant documents shall be enclosed therewith.

PART III-ADVERTISEMENTS

Advertisement of vacancies

6.-(1) Where vacancies cannot be filled by serving police officers they shall be advertised, unless the Commission otherwise decides, in time to enable candidates to apply in accordance with that advertisement.

(2) The form of every such advertisement, which shall set out the qualifications required, shall be determined by the Commission.

PART IV-APPOINTMENTS AND PROMOTIONS

Principles and procedure in selection for promotion

7. In considering the claims of police officers for promotion, merit, experience and qualifications shall be taken into account, before taking account of seniority in the public service.

Appointments and promotions

8.-(1) The Commissioner shall report, without delay, to the secretary, the creation of a new gazetted office, specifying his recommendation in relation thereto.

(2) The secretary shall verify that there is no establishment, financial or other objection to such recommendation, and shall forward it to the Secretary of the Commission.

(3) Unless the vacancy can be filled by the promotion of a serving police officer the Commissioner shall submit a draft advertisement to the secretary.

(4) The Commission shall arrange for the publication of the advertisement and shall consider the replies thereto in consultation with the Commissioner.

(5) Neither the Commission nor the Commissioner shall be precluded from considering the claims and qualifications of any other police officers who have not applied for the vacant office nor from recommending the promotion of any police officer to such office.

(6) When the vacancy is likely to involve the recruitment or the renewal of the contract of service of a person other than a local candidate, the secretary shall report the steps taken regarding the training of local candidates for such offices.

(7) Every recommendation for promotion shall state whether the officer recommended is the senior officer eligible for promotion, and where this is not the case, detailed reasons should be given in respect of each officer over whom it is proposed that the police officer recommended shall be promoted.

(8) Upon receipt of all the relevant papers and documents, the Commission shall decide which serving police officer, if any, shall be appointed or promoted to the office, or if no such suitable serving officer is available, shall take steps to advertise the vacancy.

Acting appointment

9.-(1) (a) The Commissioner shall report, without delay-

(i) when any temporary vacancy is anticipated which is expected to last more than one month; or

(ii) when a temporary vacancy has occurred which, although when it occurred was not expected to last more than one month, has in fact done so.

(b) The Commissioner shall, if he considers that the vacancy ought to be filled temporarily, recommend as to which police officer should temporarily fill it, stating whether or not that officer is in every way qualified to perform all the duties of that office, or if he recommends any officer in preference to a more senior officer, he shall give his reasons for so recommending.

(2) On receipt of any such report as aforesaid, the Commission shall decide whether the vacancy shall be temporarily filled, and, if so, by which police officer.

(3) In this regulation "temporary vacancy" means a vacancy in which the person appointed is to act without substantively holding it.

PART V-PROBATIONARY APPOINTMENTS

Probationary appointments and confirmation

10.-(1) Where a gazetted officer holds a probationary appointment, the Commissioner shall, at least three months before the expiration of such appointment, consider whether such gazetted officer should, on such expiration, be confirmed in his post, whether a further period or probationary service is necessary to determine whether the officer should be so confirmed or whether the officer should not remain in the service and the Commissioner shall make a recommendation accordingly to the secretary, who shall forward it to the Secretary of the Commission for consideration and decision by the Commission.

(2) Notwithstanding the provisions of paragraph (1), if, at any time during a period of probation, the Commissioner forms the opinion that a probationary appointment should be terminated or that the period of probation should be extended, the Commissioner shall make a report to the secretary who shall forward it to the Secretary of the Commission for consideration and decision by the Commission.

(3) The Commissioner shall, before making a report under paragraph (2), ensure that the procedure specified in Chapter II of General Orders has been carried out.

PART VI-ANNUAL INCREMENTS AND ADVANCEMENT BARS

Annual increments and advancement bars

11. If the Commissioner is of the opinion that an annual increment of a gazetted officer should be withheld on the grounds of unsatisfactory service during the previous year he shall report the matter to the secretary who shall forward it to the Secretary of the Commission for the Commission to decide whether or not, and for what period, the increment in question shall be withheld, and if so, whether it shall be suspended, stopped or deferred.

Passing of advancement bars

12.-(1) No less than two months before a gazetted officer is due to pass an advancement bar, the Commissioner shall forward his recommendations as to the suitability or otherwise of such officer to pass the bar, to the secretary who shall forward it to the Secretary of the Commission for consideration and decision by the Commission.

(2) If the Commissioner is of the opinion that the officer is not suitable to pass the bar, he shall, before making his recommendation under paragraph (1) communicate to the officer in writing the reasons for his opinion and shall allow the officer a reasonable period to make any representations he may wish to make. The Commissioner shall thereafter forward to the secretary to take the action specified in paragraph (1), his recommendation upon such representations, if any, and the representations, together with a statement as to whether or not in his view the officer is likely at some future date to become suitable to pass the bar.

PART VII-TERMINATION OF APPOINTMENT

Compulsory retirement

13.-(1) If it appears to the Commissioner that a gazetted officer who may be called upon to retire under the provisions of any law relating to pensions, should be so called upon, the Commissioner shall report specifying his reasons to the secretary who shall advise the officer in writing that his compulsory retirement from the public service is under consideration, asking the officer if he wishes to make any representations, and allowing a reasonable interval for the purpose.

(2) If, after consideration of the officer's reply, the secretary considers that the officer should be required to retire, he shall forward a report to the Secretary of the Commission, together with the representations, if any, of the officer and the report of the Commissioner, so that the Commission may make a decision thereon.

Retention of an officer after age of compulsory retirement

14. Where it seems necessary that a pensionable gazetted officer should not be required to retire from pensionable service upon attaining the normal age of retirement, as provided in any law, the Commissioner shall report the matter to the secretary who shall forward the report, together with his observations thereon, to the Secretary of the Commission for consideration by the Commission.

Compulsory retirement or reduction in rank in the public interest

15.-(1) Notwithstanding any other provision of these Regulations, if the Commissioner considers that a pensionable gazetted officer shall be required to retire from the Force or be reduced in rank on grounds which cannot suitably be dealt with by specific charges, he shall report the matter to the secretary who shall forward the report together with his observations thereon, to the Secretary of the Commission for consideration by the Commission.

(2) If the Commission considers that such officer should be required to retire or be reduced in rank the secretary shall inform the officer in writing of the grounds on which his retirement or reduction in rank is contemplated, requiring him before a date to be specified (which shall allow a reasonable interval for the purpose) to submit any representation he may wish to make.

(3) If after considering the officer's reply, the secretary considers that the officer should be required to retire in the public interest or be reduced in rank, he shall forward a report to the Secretary of the Commission together with the reply, if any, of the officer concerned, and the report of the Commissioner so that the Commission may make a decision thereon.

Termination or abolition of office

16. Where a gazetted office has been abolished, the Commissioner shall make a report thereon to the secretary who shall forward the report together with his observations to the Secretary of the Commission for decision by the Commission as to the termination of the appointment of the holder of the office, or where more than one such office exists, the termination of the appointment of one of the holders of such offices.

Premature termination of contract of service

17. Where a gazetted officer is serving under a contract which provides for the termination of that contract by notice before the expiration of the period of service stipulated in the contract and the Commissioner considers it should be so terminated, he shall report the matter to the secretary who shall call upon the officer to submit, within a time to be specified, such representations as the officer may wish to make and shall forward the report to the Secretary of the Commission together with his own observations and any such representations, for decision by the Commission.

PART VIII-DISCIPLINE

Disciplinary offences

18. Any gazetted officer who-

(1) uses traitorous or disloyal words regarding the Sovereign;

(2) is disrespectful in word, act or demeanour to any of his superior officers;

(3) wilfully disobeys any lawful order;

(4) is guilty of drunkenness;

(5) drinks intoxicating liquor whilst on duty for which he has been detailed;

(6) parades for duty for which he has been detailed, under the influence of liquor;

(7) absents himself without leave;

(8) neglects or without reasonable excuse refuses to assist in the apprehension of any person whom it is his duty to apprehend, when lawfully ordered to assist;

(9) negligently allows any prisoner who is committed to his charge or whom it is his duty to keep or guard, to escape;

(10) offers or uses unwarranted violence to or ill treats any person in his custody;

(11) is guilty of cowardice;

(12) discharges any arms without just cause or orders;

(13) without reasonable cause fails to present himself at any parade or for any duty at a time appointed by his superior officer;

(14) pawns, sells, loses by neglect, makes away with, wilfully or by neglect damages, or fails to report any damage to, any arms, ammunition, equipment, clothing or any other public property committed to his charge;

(15) without due authority parades for or attends any duty out of uniform or dirty or untidy in his person, arms, clothing or equipment;

(16) is slovenly, inattentive, uncivil or quarrelsome;

(17) without due authority discloses or conveys any information concerning any investigation or other police matters;

(18) malingers, feigns, or wilfully produces any disease or infirmity;

(19) is guilty of wilful misconduct or wilfully disobeys, whether in hospital or otherwise, any orders, by means of which misconduct or disobedience he produces or aggravates any disease or infirmity or delays its cure;

(20) incurs debt beyond his means;

(21) knowingly makes any false accusation against any other police officer or any other person;

(22) in making any complaint against any other police officer or any other person, makes a false statement affecting the character of any such police officer or other person, knowing such statement to be false, or knowingly and wilfully suppresses any material facts;

(23) makes or signs any false report or statement in any official record or document in circumstances which would indicate that he should be reasonable certain that the same is false;

(24) except with the prior written permission of the Commissioner engages in any employment or office other than in accordance with his duties as a police officer;

(25) takes any active part in any political organisation or electoral campaign or engages in any other activity which is likely to interfere with the impartial discharge of his duty as a police officer;

(26) takes part in any professional sport;

(27) becomes security for any person or engages in any loan transaction with any person without the prior written permission of the Commissioner;

(28) if called upon by the Commissioner to furnish a full and true statement of his financial position, fails to do so;

(29) fails to comply with any of the provisions of the Force Standing Orders; or

(30) is guilty of any other act, conduct, disorder or neglect to the prejudice of good order or discipline,

commits an offence against discipline for the purposes of disciplinary proceedings.

Interdiction

19. All interdictions and the reasons therefor shall be reported in writing by the Commissioner to the Secretary of the Commission as soon as possible after the interdiction has been made.

Interdiction of gazetted officers

20. A gazetted officer interdicted from duty by the Commission, or by the Commissioner where the power of interdiction has been delegated to him, shall not be entitled to receive any salary or any amount in compensation for loss of earnings in respect of a period of interdiction unless the officer is acquitted of any charges in disciplinary or criminal proceedings arising from the circumstances giving rise to the interdiction, and even if the charges in any disciplinary proceedings are not laid until after the conclusion of any criminal proceedings, or unless the Commissioner otherwise directs.
(Inserted by Regulations 14th July 1976*.)
* See Legal Notice No. 93 of 1976.

Letter of Warning

21. The Commission, the secretary or the Commissioner may, if it is considered that disciplinary proceedings are not justified in respect of any minor act of misconduct by a gazetted officer, issue a letter to such officer warning him that that act of misconduct has been recorded. A copy of any such letter issued under this regulation shall be sent to the Secretary of the Commission for attaching to such officer's annual confidential report.

Criminal prosecution

22. Subject to the provisions of regulation 23, when a preliminary investigation or an inquiry discloses that an offence against any law may have been committed by a gazetted officer, the Commissioner shall order an investigation and shall take action in accordance with the Force Standing Orders.

No disciplinary action while proceeding is pending

23. Where criminal proceedings are instituted against any gazetted officer, disciplinary proceedings shall not normally be taken until the conclusion of such proceedings and the determination of any appeal therefrom.

Criminal conviction of gazetted officer

24. Where criminal proceedings have finally concluded (including the determination of any appeal) resulting in the conviction of a gazetted officer, the Commissioner shall report the matter, together with his recommendation as to punishment, if any, to the secretary who shall forward the report to the Secretary of the Commission for consideration by the Commission.

Disciplinary action after acquittal on criminal charge

25.-(1) A gazetted officer acquitted of a criminal charge in any court shall not be dismissed or otherwise punished on any charge upon which he has been acquitted, but nothing in this paragraph shall prevent his being dismissed or otherwise punished on any other charge arising from his conduct in the matter, unless the charge raises substantially the same issue as that upon which he has been acquitted.

(2) Where it is proposed to commence disciplinary proceedings against a gazetted officer who has been tried upon a criminal charge arising out of his conduct in a matter which it is proposed should be the subject of the disciplinary charges, the draft disciplinary charges shall be sent to the Solicitor-General for his advice as to whether the charges can properly be laid.

Dismissal

26.-(1) (a) Where the Commissioner considers that disciplinary proceedings for dismissal should be instituted against a gazetted officer, he shall make a report to the secretary who shall forward such report to the Secretary of the Commission in order that the Commission may decide whether or not a disciplinary inquiry is to be held.

(b) Where the Commission decides that a disciplinary inquiry shall be held, the secretary shall forward to the officer a statement of the charge or charges framed against him, together with a brief statement of the allegations on which each charge is based.

(c) The secretary shall also advise the officer that, if he so wishes, he may state in writing before a date to be specified (which shall allow a reasonable interval for the purpose) any grounds upon which he relies to exculpate himself.

(2) (a) Unless the statement, if any, of the officer contains an admission of the charges preferred, the secretary shall appoint a Committee of such persons as he shall specify, not being less than three in number, to inquire into the matter.

(b) A Committee appointed under sub-paragraph (a) shall have the same powers as the Commission to summon and examine any witness whose evidence may be deemed material.

(c) The Chairman of every such Committee shall be a judge, a magistrate, legal officer or some other person possessing legal qualifications.

(d) Neither the Commissioner nor any police officer shall be a member of the Committee.

(e) Where not expressly provided for under these Regulations, the procedure of the Committee in inquiring into any matter referred to it shall be such as the Committee may determine.

(3) The Committee shall inform the officer that on a specified day, the charges against him will be investigated by it and that he will be allowed or, if the Committee shall so determine, will be required, to appear before it to defend himself.

(4) If witnesses are examined by the Committee, the officer shall be given an opportunity of being present and putting questions on his own behalf to the witnesses, and no documentary evidence shall be used against him unless he has previously been supplied with a copy thereof or given access thereto.

(5) The Committee shall, in its discretion, permit the prosecuting party or the officer to be represented by a police officer, or an advocate:

Provided that, where the Committee permits such representation to the prosecuting party, it shall permit the officer to be so represented.

(6) If, during the course of the inquiry, grounds for framing additional charges against the officer are disclosed the Committee shall inform the secretary who shall follow the same procedure in framing the additional charges as was adopted in framing the original charges.

(7) The Committee, having inquired into the matter, shall forward its report thereon to the Secretary of the Commission accompanied by the record of the charges framed, the evidence led, the defence and all other proceedings relevant to the inquiry.

(8) The Commission after considering the report of the Committee, may-

(a) if it is of the opinion that the report should be amplified in any way or that further investigation is desirable, refer the matter back to the secretary for reference to the Committee for further investigation, report and later decision of the Commission;

(b) if it is of the opinion that the officer does not deserve to be dismissed, may impose some lesser penalty; or

(c) decide in relation to dismissal or otherwise.

(9) The decision on each charge preferred against the officer shall be communicated to him by the Secretary of the Commission but not the reasons for the decision.

Misconduct not warranting dismissal

27.-(1) Where it is considered necessary to institute disciplinary proceedings for misconduct not warranting dismissal against a gazetted officer, the Commissioner shall make a report to the secretary, who shall forward such report to the Secretary of the Commission.

(2) If, after receiving the report specified in paragraph (1) or a report received under the provisions of sub-paragraph (a) of paragraph (1) of regulation 26, the Commission is of the opinion that the misconduct alleged is not serious enough to warrant proceedings for dismissal, the officer shall be informed by the secretary of the charges against him and the officer shall be called upon to state in writing before a day to be specified (which shall allow a reasonable interval for the purpose) his answers to the charge and anything which he desires to urge on his own behalf in the matter. The secretary shall thereafter forward a report on the matter to the Secretary of the Commission, accompanied by the charges, the officer's reply and all other relevant documents:

Provided that such proceedings shall be carried out in such a manner that the officer shall know the whole case against him and shall have an adequate opportunity throughout of making his defence.

Punishments

28. The following punishments may be ordered as the result of proceedings under this Part:-

(a) dismissal;

(b) reduction in rank;

(c) reduction in salary;

(d) stoppage of increment;

(e) deferment of increment;

(f) suspension of increment;

(g) severe reprimand or reprimand:

Provided that nothing in this paragraph shall limit the power conferred upon the Commission to require a gazetted officer to retire from the public service in the public interest.

PART IX-ADMINISTRATIVE

Meetings and records

29.-(1) Every meeting of the Commission shall be presided over by the Chairman.

(2) A record shall be kept of the members present and of the business transacted at every such meeting.

Proceedings of Commission privileged

30. Any report, statement or other communication or record of any meeting, inquiry or proceedings which the Commission may make in exercise of its functions or any member may make in performance of his duties, shall be privileged in that its production may not be compelled in any legal proceedings unless the Chairman certifies that such production is not against the public interest.

Protection of Commission

31. Every member of the Commission shall have such and the like protection and privilege in case of any action or suit brought against him for any act done or omitted to be done in the bona fide execution of his duties as is by law given in respect of acts done or words spoken by a Judge of the Supreme Court in the exercise of his judicial office.

Power to require attendance of witnesses, etc.

32. For the purposes of carrying out its powers, duties and functions under these Regulations the Commission shall have the same powers and authority to summon witnesses and to admit and receive evidence as are conferred on the commissioners of a Commission of Inquiry by section 9 of the Commission of Inquiry Act and the provisions of sections 14 and 17 of that Act shall apply mutatis mutandis in relation to the powers and authority vested in the Commission under this regulation.
(Cap. 47.)

Attempting to influence Commission

33.-(1) Any person who directly or indirectly, other than in the course of his duty, by himself or by any other person in any manner whatsoever attempts to influence the Commission in the proper exercise of its functions or duties shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100, or to imprisonment for a period not exceeding three months or to both such fine and imprisonment.

(2) Nothing in paragraph (1) shall be deemed to make unlawful the giving of a bona fide reference or testimonial to any applicant or candidate for any appointment in the public service by a person who from his own knowledge can speak as to the qualifications or character of the applicant or candidate or the bona fide answering of any question put to any person by a member of the Commission.

Giving false information to Commission

34. Any person who in connection with the exercise by the Commission of its functions or duties wilfully gives to the Commission any information which he knows to be false or does not believe to be true, or which he knows to be false by reason of the omission of any material particular, shall be guilty of an offence and on conviction shall be liable to a fine not exceeding two hundred dollars or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.

Interpretation

35. For the purpose of regulations 33 and 34 the term "Commission" shall include the Commission, any member of the Commission, the Secretary of the Commission, any member of the staff of the Commission or any person or body of persons appointed to assist the Commission in the exercise of its functions or duties.

Divulging official information

36.-(1) No member of the Commission, nor the Secretary of the Commission nor any member of the staff of the Commission nor any other person shall, without the written permission of the Minister, publish or disclose to any person otherwise than in exercise of his official functions the contents of any document, communication or information whatsoever relating to or connected with the functions of the Commission which has come to his knowledge in the course of his duties.

(2) Any person who knowingly acts in contravention of the provisions of this regulation shall be guilty of an offence and on conviction shall be liable to a fine not exceeding $200, or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.

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