(1)The Government shall in consultation with State Police Complaints Authority, by notification in the official Gazette, constitute the District Police Complaints Authority under the chairmanship of the [Deputy Commissioner of the concerned District] [Substituted by Act 22 of 2016 w.e.f. 27.07.2016.] and three other members, namely:-(i)one member of retired Civil Service shall be an officer not below the rank of [Assistant Commissioner] [Substituted by Act 22 of 2016 w.e.f. 27.07.2016.];(ii)one member shall be from the Civil Society. The Civil Society member shall be chosen by the State Government from amongst the panel of three names recommended by the Search Committee consisting of three persons one each representing the Human Rights Commission, Karnataka Public Service Commission and the Lokayukta. The State Government shall appoint one of the members as Chairman of the Search Committee and an officer not below the rank of Deputy Secretary to Government, Home Department as convener of the Committee. The persons in the panel shall be a person of repute who has rendered humanitarian service in the field of education, Health, upliftment of the poor etc. and had not aligned himself with any political party or ideological group; and(iii)the Superintendent of Police in charge of the District shall be ex-officio member and member Secretary of the Authority.(2)A person shall be disqualified for being appointed as member if he,(a)has directly or indirectly associated himself with any Anti Social or Anti National group or body;(b)has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude; or(c)is an undischarged insolvent; or(d)is of unsound mind and stands so declared by a competent court; or(e)has such other disqualifications as may be prescribed by the State Government.(3)Every member of the District Police Complaints Authority other than the ex-officio member shall hold office for a period of three years.(4)The salary or honorarium and other allowances payable to, and the other terms and conditions of service of the non-official members of the District police Complaints Authority shall be such as may be prescribed.(5)It shall be the duty of the district police complaints authority to ensure that all its members and their staff are regularly trained, interalia about,-(a)technical and legal issues related to departmental inquiries;(b)specific forms of human rights violation; and(c)appropriate handling of victims of police abuse.(6)Necessary staff required for the functioning of the District Police Complaints Authority shall be provided by Government.(7)The District Police Complaints Authority shall look into complaints against police officers of and below the rank of Deputy Superintendent of Police and take cognizance of allegations of serious misconduct by the police officers, which would include incidents involving death, grievous hurt or rape in police custody.(8)The District Police Complaints Authority shall,-(a)have the power to enquire into misconduct or abuse of power by or against police officers of and below the rank of Deputy Superintendent of Police after giving an opportunity of being heard to him. The Authority shall have the power to investigate any case itself or ask any other agency to investigate and submit a report. The District Police Complaints Authorities shall submit its report to the competent disciplinary authority for appropriate action against the accused officers;(b)if the complaint contains allegations against any police officer of or above the rank of Deputy Superintendent of Police the District Police Complaints Authority, shall forward the same to the State Complaints Authority, for further action;(c)forward the complaints of "serious misconduct", received directly by it, to the State Police Complaints Authority for further action:Provided that District Police Complaints Authority shall not have jurisdiction on the complaints against the police offices where a separate authority is created by any other Act for this purpose.(9)Each District police Complaints Authority shall prepare and submit to the State police complaints Authority an annual report before the end of each calendar year, inter alia, containing,-(a)the numbers and types of cases of "serious misconduct" and "misconduct" forwarded by it to the State Police Complaints Authority during the year;(b)the number and types of cases of "misconduct" referred to it by the complainants upon being dissatisfied by the departmental inquiry into his complaint;(c)the number and types of cases referred to in clause (b) above in which advice or direction was issued by it to the police for further action;(d)such other related administrative and financial matters as may be prescribed.
