Section 5 of Delhi Police Act, 1978 - Constitution of Police Force

Section 5 establishes the legal framework for the composition, ranks, organisation, functions, recruitment and service conditions of the Delhi Police. It also contains a specific exception for members of the Indian Police Service and the Delhi, Andaman and Nicobar Islands Police Service.

Text of Section 5 - Constitution of police force

Subject to the provisions of this Act,-

(a) the Delhi police shall consist of such number in the several ranks and have such organisation and such powers, functions and duties as the Administrator may, by general or special order, determine; and

(b) the recruitment to, and the pay, allowances and all other conditions of service of the members of, the Delhi police shall be such as may be prescribed:

Provided that nothing in clause (b) shall apply to the recruitment to, and the pay, allowances and other conditions of service of the members of the Indian Police Service or the Delhi, Andaman and Nicobar Islands Police Service.

Source: India Code - Delhi Police Act, 1978 (official Act PDF).

Meaning and explanation of Section 5

Clause (a): Strength, ranks, organisation and duties

Clause (a) authorises the Administrator to determine, by general or special order, the number of personnel in different police ranks, the organisational structure of the Delhi Police and the powers, functions and duties assigned to the force. This authority is expressly subject to other provisions of the Delhi Police Act.

Clause (b): Recruitment and conditions of service

Clause (b) provides that recruitment, pay, allowances and other service conditions of Delhi Police members are governed by the applicable rules. The word "prescribed" is defined in Section 2 as prescribed by rules. Section 5 itself does not fix salary scales, recruitment qualifications or a particular number of posts.

Proviso: Exception for IPS and DANIPS personnel

The proviso excludes members of the Indian Police Service (IPS) and the Delhi, Andaman and Nicobar Islands Police Service (DANIPS) from clause (b) concerning recruitment and service conditions. Their applicable service frameworks must be considered separately. The proviso does not remove them from the Delhi Police organisational framework under clause (a).

How Section 5 relates to other provisions

Section 3 provides for one police force for the whole of Delhi and posting to any branch, including the Delhi Armed Police.
Section 4 vests superintendence of the Delhi Police in the Administrator.
Section 6 deals with the Commissioner of Police.
Section 7 addresses Additional Commissioners of Police.
Section 8 deals with Deputy, Additional Deputy and Assistant Commissioners of Police.

Practical significance

Section 5 distinguishes decisions about police organisation and functions from rules concerning recruitment and employment conditions. When assessing the legality of a staffing, rank, appointment or service decision, it is necessary to identify the relevant clause, any applicable rules or orders and whether the IPS-DANIPS proviso applies.

Official legal resources

For the statutory text, consult the Delhi Police Act, 1978 on India Code. The Delhi Police Acts and Rules portal also provides access to relevant legal materials. Orders, recruitment rules and service notifications should be checked separately where a specific appointment or employment issue is involved.

Legal information only. For a particular dispute, consult the applicable rules, notifications and current judicial decisions.