Section 9 of the Police Act, 1861: Resignation, Leave and Two Months Written Notice
Section 9 regulates when a police officer may withdraw from official duties or resign. It distinguishes permission to leave duty from the requirement to obtain leave for resignation or give at least two months' written notice.
Section 9: Police officers not to resign without leave or two months' notice
No police-officer shall be at liberty to withdraw himself from the duties of his office unless expressly allowed to do so by the District Superintendent or by some other officer authorised to grant such permission or, without the leave of the District Superintendent, to resign his office unless he shall have given to his superior officer notice in writing, for a period of not less than two months, of his intention to resign.
The above reproduces the provision supplied in the original webpage, with punctuation and presentation retained in substance.
Meaning and legal effect of Section 9
1. Withdrawal from duty requires express permission
A police officer cannot simply stop attending or performing official duties. The first part of Section 9 requires express permission from the District Superintendent or another officer authorised to grant it. This requirement addresses withdrawal from duty, which is distinct from formally tendering resignation.
2. Resignation requires leave or written notice
The second part restricts resignation without the District Superintendent's leave unless the officer has given a superior officer at least two months' notice in writing of the intention to resign. The statutory language provides an alternative involving leave, but the procedure for acceptance, release and final settlement may also be governed by applicable service rules.
3. The notice must be in writing
An oral statement of intention to resign is not the written notice contemplated by this provision. For administrative clarity, the notice should identify the officer, the intended resignation date, and the date on which the written communication is submitted.
4. Notice does not automatically authorise absence
Giving notice of resignation should not be treated as permission to abandon assigned duties. The restriction on withdrawal from duty continues to matter while the officer remains in service, subject to applicable rules and lawful orders.
Practical procedure for a police officer intending to resign
- Check the governing law: Identify whether the Police Act, 1861 applies to the force and whether a State Police Act, special enactment or service rule prescribes a different process.
- Submit written notice: Where Section 9 governs, give the superior officer written notice of at least two months unless the competent authority grants the requisite leave.
- Keep proof of submission: Retain an acknowledged copy or official receipt showing the date of submission.
- Continue official duties: Do not withdraw from duty without express permission from the authorised officer.
- Follow release formalities: Comply with applicable orders concerning acceptance, handover of records, government property, and relief from service.
Important distinction: Section 9 does not, by itself, settle every question about the effective date of resignation, acceptance by the appointing authority, disciplinary proceedings, or service benefits. Those issues depend on the governing legislation, rules and binding judicial decisions.
Application alongside State police laws and service rules
Police is primarily a State subject under Entry 2 of List II of the Seventh Schedule to the Constitution. The Police Act, 1861 may therefore operate differently across jurisdictions because of State amendments, replacement police statutes and force-specific service regulations.
For example, the India Code portal provides access to central legislation, while the applicable State government's official legislation and police department publications should be consulted for State-specific requirements. The Constitution of India supplies the constitutional framework for State legislative powers.
Officers serving in a force governed by a separate enactment should not assume that the two-month notice provision of Section 9 applies unchanged. The governing statute and current rules must be identified before acting.
Frequently asked questions
Can a police officer resign immediately under Section 9?
Section 9 contemplates resignation with the District Superintendent's leave or, without that leave, after written notice of not less than two months. Other applicable service rules may impose additional requirements.
Is two months' notice mandatory in every police force in India?
No. The requirement described here comes from Section 9 of the Police Act, 1861. A State Police Act or a separate statute and service rules may govern a particular force.
Can an officer stop working after submitting a resignation letter?
Not merely because a letter has been submitted. Section 9 separately prohibits withdrawal from duties without express permission from the competent officer.
Does Section 9 prescribe a penalty for resignation without notice?
Section 9 sets out a restriction; it does not itself specify a penalty in its text. Any disciplinary or other consequences require examination of the applicable law and rules.
Official legal sources and related provisions
- India Code - official repository of Indian legislation (search for the Police Act, 1861, Act 5 of 1861, Section 9).
- Legislative Department - Constitution of India (Seventh Schedule, State List, Entry 2).
- Section 8 - Certificates to police officers.
- Section 10 - Restriction on other employment.
This article explains the central statutory text and does not replace verification of the law in force for a particular State or police organisation.