The Maharashtra Police Act.
1[22J-1. Police Establishment Board at District Level.- (1) The State Government shall, by
notification in the Official Gazette, constitute for the purposes of this Act, a Board to be called the Police
Establishment Board at District Level. (a)
(2) The Police Establishment Board at District Level shall consist of the following members,
namely:-
The Police Establishment
Board at District Level shall perform the following functions, namely:-
(a) The Board shall decide all transfers, postings of Police Personnel to the rank of Police
Inspector within the District Police Force.
(b) The Board shall be authorized to make appropriate recommendations to the Police
Establishment Board No. 2 regarding the postings and transfers out of the District.
Explanation.- For the purposes of this section, the expression “Police Personnel” means a Police
Personnel to the rank of Police Inspector.
(1) The State
Government shall, by notification in the Official Gazette, constitute for the purposes of this Act, a Board
to be called the Police Establishment Board at the Levels of Specialized Agencies, namely Crime
Investigation Department, State Intelligence Department, Protection of Civil Rights, Anti-Corruption
Bureau, State Reserve Police Force, Anti-Terrorist Squad, Highway Traffic 1[Department, Police
Communication, Information Technology and Motor Transport Department] and Training Directorate.
(2) The Police Establishment Board at the Level of Specialized Agencies shall consist of a
Chairperson, as the Head of the concerned Specialized Agency and three senior-most Police Officers of
that Specialized Agency:
Provided that, if none of the aforesaid members is from the Backward Class, then
The
Police Establishment Board at the Levels of Specialized Agencies shall perform the following functions,
namely:-
(a) The respective Board shall decide all transfers and postings of all Police Personnel to the rank
of Police Inspector within the Specialized Agencies.
(b) The respective Board shall be authorized to make appropriate recommendations to the Police
Establishment Board No. 2, regarding the postings and transfers out of the Specialized Agency, of the
Police Personnel to the rank of Police Inspector.
Explanation.- For the purpose of this section, the expression "Police Personnel" means a Police
Personnel to the rank of Poli
While performing the
functions under this Act, the Police Establishment Board No. 1, Police Establishment Board No. 2, Police
Establishment Board at Range Level 1[, Police Establishment Board at Commissionerate Level, Police
Establishment Board at District Level and Police Establishment Board at the Levels of Specialized Agencies], shall comply with and follow all the provisions of law including rules and regulations as may
be in force, from time to time.
On the constitution of the Police
Establishment Board No.1, Police Establishment Board No. 2, Police Establishment Board at Range
Level and Police Establishment Board at Commissionerate Level under this Act, the erstwhile Police
Establishment Boards constituted by the Home Department under the Government Resolution, dated the
15th July 2013 shall cease to exist:
Provided that, the decisions and recommendations made by the respective erstwhile Police
Establishment Boards shall continue to operate as if the same are made by the respective Police
Establishment Boards constituted under this Act.
Nothing contained in this Act shall affect
the power of the State Government or any other Competent Authority in respect of all matters relating
to disciplinary action against any Police Officer of whatsoever rank.
1[(1) Police Officers in the Police force shall have a normal tenure as mentioned below, subject to the promotion or superannuation:-
(a) for Police Personnel of and above the rank of Deputy Superintendent of Police or Assistant Commissioner of Police a normal tenure shall be of two years at one place of posting;
(b) for Police Constabulary a normal tenure shall be of five years at one place of posting;
(c) for Police Officers of the rank of Police Sub-Inspector, Assistant Police Inspector and Police Inspector a normal tenure shall be of two years at a Police Station or Branch, four years in a District and eight yea
1[22N-1. Maximum percentage of transfer in a year.- Notwithstanding anything contained in
sub-section (1) of section 22N or any other provisions of this Act, to ensure that the Government work
is not adversely affected on account of large scale transfers of Police Personnel from one single
Department or office, not more than one-third of the Police Personnel shall be transferred from any office
or Department at a time, in a year.]
(1) The crime branch
or local crime branch and detection or investigation cells in each Police Station shall concentrate on
investigation of crimes exclusively and shall not be entrusted with law and order, security and other
duties, ordinarily.
(2) The Unit Commanders shall ensure the co-ordination between the investigation or detection
wing and the law and order and other wings of each Unit.
(1) The State Government shall, by notification in
the Official Gazette, constitute for the purposes of this Act, an Authority to be called the State Police
Complaints Authority. (a)
(2) The State Police Complaints Authority shall consist of the following members, namely:-
A retired High Court Judge (1) The State Police Complaints Authority shall exercise the powers and perform the function as follows:-
(a) inquire suo-moto or on a complaint against Police Officers presented to it by,-
(i) a victim or any member of his family or any other person on his behalf;
(ii) the National or State Human Rights Commission; and
(iii) the police,
(1) The State Police Complaints Authority shall, after completing the inquiry, submit a report to the State Government within such time as may be prescribed by the State Government.
(2) On receipt of the report from the State Police Complaints Authority, the State Government shall take any of the following steps:-
(a) The State Government shall accept the report and act on the same unless the State Government exercises power of rejecting the report as specified in sub-section (3).
(b) Treat the same as a preliminary inquiry for the purpose of instituting disciplinary proceedings and thereafter the State Government or the Competent Authority, as the case may
(1) The State Government shall, by
notification in the Official Gazette, constitute for the purposes of this Act, an Authority to be called the
Division Level Police Complaints Authority. (a)
(2) The Division Level Police Complaints Authority shall consist of the following members,
namely:-
A retired Principa
(1) Notwithstanding anything contained in this Act, whoever makes any false or frivolous complaint against Police Officer under this Chapter, shall, on conviction, be punished with an imprisonment of either description of a term which may extend to two years or with fine or with both and if such proceeding be instituted on a false charge of an offence punishable with death, imprisonment for life or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(2) For taking cognizance of an offence under sub-section (1) by the court, the provisions of section 195 of the Code of Criminal Procedure, 1973 (2 of 1974) shall, mutatis mutandis, apply.
(3) In case of conviction of a
Subject to the orders of the State Government, the Commissioner in the case of the Police Force allocated to 1[Brihan Mumbai] and other areas for which he has been appointed and the 2[Director-General and Inspector-General], in the case of the Police Force allocated to other areas may make rules or orders or orders not inconsistent with this Act or with any other enactment for the time being in force-
(a) regulating the inspection of the Police Force by his subordinates;
(b) determining the description and quantity of arms, accoutrements, clothing and other necessaries to be furnished to the Police;
(c)
24. 1[Director-General and Inspector-General] or Commissioner may call for returns.- (1) The 2[Director-General and Inspector-General] may, subject to the rules and orders of the State Government, call for such returns, reports and statements on subjects connected with the suppression of crime, the maintenance of order and the performance of their duties as his subordinates may be able to furnish to him. The 3[Director-General and Inspector-General] shall communicate to the District Magistrate 4[and Revenue Commissioner] any general orders issued by him for the purposes aforesaid or in consequence of the information furnished to him, and also any orders which the State Government may direct.
(2) The Commissioner may subject as aforesaid with reference to the area under his charge call for such reports, returns and statemen
1[(1) The State Government or any officer authorised under sub-section (2), in that behalf, may impose upon an Inspector or any member of the subordinate ranks of the Police Force, who in the opinion of the State Government or such authorised officer, is cruel, perverse, remiss or negligent in, or unfit for, the discharge of his duties, any one or more of the following penalties, namely :-
(a) recovery from pay of the whole or part of any pecuniary loss caused to Government on account of the negligence or breach of orders on the part of such Inspector or any member of the subordinate rank of the Police Force ;
(b) suspension ;
1[26. Procedure to be observed in awarding punishment.- Except in cases referred to in the
second proviso to clause (2) of Article 311 of the Constitution of India, no order of punishment under
sub-section (1) of section 25 shall be passed unless the prescribed procedure is followed].
An appeal against any order passed against a Police
officer under section 25 or the rules or orders thereunder shall lie to the State Government itself or to
such officer as the State Government may by general or special order specify:
1[Provided that, a punishment shall not be enhanced or more severe punishment shall not be
awarded in appeal, unless notice to show cause against such enhancement or, as the case may be, more
severe punishment, has been given, and any cause shown thereon has been considered.]
1[27A. Power of State Government or Director General and Inspector General to call for record of any inquiry or proceeding.- The State Government or the Director General and the Inspector General may, suo motu or on an application made to it or him, as the case may be, within the period prescribed in this behalf, call for and examine the record of any inquiry or proceedings held against any Police officer under this Chapter by any authority for the purpose of satisfying itself or himself as to the legality or propriety of any decision taken or order passed in any such inquiry and as to the regularity of the proceedings held, against such officer, and may, at any time,-
(a) confirm, modify or reverse any such order;
(
The State Government or the Director General and Inspector General of Police may, at any time, either suo moto or otherwise, review any order passed by it or him,
as the case may be under section 25, 27 or 27A, when any new material or evidence which could not be
produced or was not available at the time of passing the order under review and which has the effect of
changing the nature of the case, has come or has been brought, to its or his notice:
Provided that, no order imposing or enhancing any penalty shall be made by the State Government
or Director General and Inspector General unless the Police officer concerned has been given a
reasonable opportunity of making a representation against the penalty proposed, or where it is proposed
to impose any of the major penalties specified in sub-section (1) of section 25 or to enhance the minor
penalty imposed by the order sought
Without prejudice to the power to issue an order contained in clause
(b) of section 5, the State Government may, frame rules consistent with this Act for carrying out the
purposes of sections 27, 27A and 27B.]
(1) Every Police officer not on leave or under suspension shall for all purposes of
this Act be deemed to be always on duty, and any Police officer or any number or body of Police officers
allocated for duty in one part of the State may, if the State Government or the 1[Director-General and
Inspector-General] so directs, at any time be employed on Police duty in any other part of the State for
so long as the services of the same may be there required.
(2) Intimation of proposed transfer to be given by the 2[Director General and Inspector
General] to the Commissioner and District Magistrate.- Timely intimation shall, except in cases of
extreme urgency, be given to the 3[Revenue Commissioner] and the District Magistrate by the 4[Director
General and Inspector-General] of any proposed transfer under this section, and, except, w
1[(1) No Police officer 2[of the grade of Inspector or] of the subordinate ranks shall resign his office or withdraw himself from the duties thereof except, with the written permission of the Commissioner or the Deputy Inspector-General, Criminal Investigation Department or of the Principal of 3[a Police 4[Training College]], or of the 5[Superintendent] or of some other Police officer empowered by the 6[Director-General and Inspector-General] or the Commissioner to grant such permission:
Provided that, subject to the provisions of sub-section (2), no such permission shall be granted to any such Police officer until he has fully discharged any debt due by him as such Police officer to Government or to any Police fund.]
(2) If any such Police o
(1) Every person who for any reason ceases to be a Police officer shall forthwith deliver up to some officer empowered by the Commissioner, or the Deputy Inspector-General, Criminal Investigation Department, or the Principal of 1[the Police 2[Training College or School]], or the 3[Superintendent] to whom such Police officer is subordinate to receive the same, his certificate of appointment or of office and the arms, accoutrements, clothing and other necessaries which have been furnished to him for the performance of duties and functions connected with his office.
(2) Any Magistrate and, for special reasons which shall be recorded in writing at the time, the Commissioner or the Deputy Inspector-General, Criminal Investigation Department, or the Principal of 4[the Police 5[Training College or School]], or any 6
(1) Any Police officer occupying any premises provided by the State Government for his residence-
(a) shall occupy the same subject to such conditions and terms as may, generally or in special
cases, be specified by the State Government, and
(b) shall, notwithstanding anything contained in any law for the time being in force, vacate
the same on his ceasing to be a Police officer or whenever the State Government or any officer
authorised by the State Government in this behalf thinks it necessary and expedient to require him
to do so.
(2) If any person who is bound or required under sub-section (1) to vacate any premises fails to do
so, the State Government or t
1[32. State Government may make order under section 144 of Act V of 1898.- The State
Government, whenever it shall seem necessary, may by notification in the Official Gazette, make an
order to such effect as any order if made by a Magistrate under section 144 of the 2Code of Criminal
Procedure, 1898 (V of 1898) could be continued in force by the State Government under the said Code.]
1 233. Power to make rules for regulation of traffic and for preservation of order in public place, etc.- (1) 3[The Commissioner with respect to any of the matters specified in this sub-section, the District Magistrate] with respect to any of the said matters (except those falling under 4[clauses (a), (b), (db), (e), (g), (r), (t) and (u) thereof), and the Superintendent of Police with respect of the matters falling under the clauses aforementioned read with clause (y) of this sub-section,] in areas under their respective charges or any part thereof, may make, alter or rescind rules or orders not inconsistent with this Act for-
(a) licensing and controlling persons offering themselves for employment at quays, wharves and la
1[ 2[33A. Prohibition of performance of dance in eating house, permit room or beer bar and other consequential provisions.- (1) Notwithstanding anything contained in this Act or the rules made by the Commissioner of Police or the District Magistrate under sub-section (1) of section 33 for the area under their respective charges, on and from the date of commencement of the Maharashtra Police (Second Amendment) Act, 2014 (Mah. XV of 2014),-
(a) holding of a performance of dance, of any kind or type, in an eating house, permit room or beer bar is prohibited ;
(b) performance licences issued, if any, by the Commissioner of Police or the District Magistrate or any other officer, as the case may be, be
1[* * *]
The Commissioner
and the 1[Superintendent] in areas under their respective charges may, whenever in his opinion such
action is necessary, authorise such Police officer as he thinks fit to erect barriers on any street for the
purpose of stopping temporarily vehicles driven on such street and satisfy himself that the provisions of
law for the time being in force have not been contravened in respect of any such vehicle or by the driver
of or the person in charge of such vehicle. The said authority may also make such orders as it deems fit
for regulating the use of such barriers.
(1) A competent authority may, from time to time, make rules prohibiting the disposal of the dead,
whether by cremation, burial or otherwise at places other than those set apart for such purpose :
Provided that no such rules shall be made in respect of any such town or place in which places have
not been so set apart :
Provided further that, the competent authority or any officer authorised by it in this behalf may, in
its or his discretion on an application made to it or him by any person, grant to such person permission
to dispose of the corpse of any deceased person at any place other than a place so set apart, if in its or his
opinion such disposal is not likely to cause obstruction to traffic or disturbance of the public peace or is
not objectionable for any other reason.
36. Power of Commissioner or the 1[Superintendent] and of other officers to give direction
to the public.- In areas under their respective charges the Commissioner, and subject to his orders
every Police officer not inferior in rank to an Inspector, and the 2[Superintendent] and subject to his
orders any Police officer of not lower than such rank as may be specified by the State Government in
that behalf, may, from time to time as occasion may arise, but not so as to contravene any rule or order
under section 33 give all such orders either orally or in writing as may be necessary to-
(a) direct the conduct of, and behaviour or action of persons constituting processions or
assemblies on or along the streets ;
(b)
(1) The Commissioner and the
District Magistrate in areas under their respective charges may, whenever and for such time as he shall
consider necessary for the preservation of public peace or public safety by a notification publicly
promulgated or addressed to individuals, prohibit at any town, village or place or in the vicinity of any
such town, village or place-
(a) the carrying of arms, cudgels, swords, spears, bludgeons, guns, knives, sticks or lathis, or
any other article, which is capable of being used for causing physical violence,
(b) the carrying of any corrosive substance or explosives,
(c) the carrying, collection an
(1) If the Commissioner or 1[Superintendent] is satisfied from the report of an officer in charge of a Police Station or other
information received by him that it is necessary to do so in order to prevent annoyance, disturbance,
discomfort or injury or risk of annoyance, disturbance, discomfort or injury to the public or to any persons
who dwell or occupy property in the vicinity, he may, by a written order issue such directions as he may
consider necessary to any persons for preventing, prohibiting, controlling or regulating-
(a) the incidence or continuance in or upon any premises of-
(i) any vocal or instrumental music,
<
(1) In order to prevent or suppress any riot or
grave disturbance of peace, the Commissioner and the 1[Superintendent], in areas under their respective
charges, may temporarily close or take possession of any building or place, and may exclude all or any
persons therefrom, or may allow access thereto to such persons only and on such terms as he shall deem
expedient. All persons concerned shall be bound to conduct themselves in accordance with such orders
as the authority making orders may make and notify in exercise of the authority hereby vested in it.
(2) Compensation to lawful occupier of building or place closed or taken possession of.- If
the lawful occupier of such building or place suffers substantial loss or injury by reason of the action
taken under sub-section (1), he shall be entitled, on application made to the authority concerned within
(1) In any case of
an actual or intended religious or ceremonial or corporate display or exhibition or organised assemblage
in any street or public place, as to which or the conduct of or participation in which it shall appear to a
competent authority that a dispute or contention exists which is likely to lead to grave disturbance of the
peace, such authority may give such orders as to the conduct of the persons concerned towards each other
and towards the public as it shall deem necessary and reasonable under the circumstances, regard being
had to the apparent legal rights and to any established practice of the parties and of the persons interested.
Every such order shall be published in the town or place wherein it is to operate, and all persons
concerned shall be bound to conform to the same.
(2) Any order under sub-section (1) shall be subject to a decree, injunct
(1) For the purpose of preventing serious disorder or breach of the law or manifest and imminent danger
to the persons assembled at any public place of amusement or at an assembly or meeting to which the
public are invited or which is open to the public, the senior Police officer of highest rank superior to that
of constable, present at such place of amusement or such assembly or meeting may, subject to such rules
and orders as may have been lawfully made, give such reasonable directions as to the mode of admission
of the public to, and for securing the peaceful and lawful conduct of the proceedings and the maintenance
of the public safety at such place of amusement or such assembly or meeting, as he thinks necessary and
all persons shall be bound to conform to every such reasonable direction.
(2) Police to have free access thereto.- The Police shall have free access
(Discontinuance of brothels) Deleted by Mah. 28 of 1964, s. 8.
(1) Whenever it shall appear to the Commissioner or District Magistrate that any place in
the areas under their respective charges, at which, on account of a pilgrimage, fair or other such
occurrence, large bodies of persons have assembled or are likely to assemble is visited or will probably
be visited with an outbreak of any epidemic disease, he may take such special measures and may by
public notice prescribe such regulations to be observed by the residents of the said place and by persons
present thereat or repairing thereto or returning therefrom as he shall deem necessary to prevent the
outbreak of such disease or the spread thereof.
(2) It shall be lawful for the District Magistrate or for the Collector or the Chief Presidency
Magistrate on the requisition of the Commissioner or the District Magistrate to assess and levy such
reasonable fees on persons falling under t
(1) The Commissioner and the 1[Superintendent] in areas under
their respective charges may from time to time, by public notice, proclaim that any stray dogs found,
during such period as may be specified in the said notice, wandering in the streets or in any public place
may be destroyed, and any dog so found within such period may be destroyed accordingly.
(2) The authority empowered under sub-section (1) may by public notice require that every dog,
while in any street or public place and not led by some person, shall be muzzled in such a manner as
effectually to prevent it from biting, while not obstructing its breathing or drinking, and the Police may,
so long as such notice remains in force, destroy, or take possession of and detain, any dog found loose
without muzzle in any street or place beyond the premises of the owner thereof :
(1) Any Police officer who in any street or
public place other than a place of worship finds any animal other than a bull or a cow so diseased, or so
severely injured, and in such a physical condition, that in his opinion it cannot without cruelty be
removed, shall, if the owner is absent or refuses to consent to the destruction of the animal, at once
summon the Veterinary Practitioner in charge of the area in which the animal is found and, if the
Veterinary Practitioner certifies that the animal is mortally injured, or so severely injured, or so diseased,
or in such a physical condition, that it is cruel to keep it alive, the Police officer may, without the consent
of the owner, destroy the animal or cause it to be destroyed :
Provided that if in the opinion of the Veterinary Practitioner the animal can be removed from the
place where it is found without causing it great suffering
46. Powers under this Chapter to be exercised by 1[Superintendent] subject to the control of
District Magistrate and Commissioner and by District Magistrates subject to the control of State
Government.- Every power conferred by this Chapter on a 2[Superintendent] not specially empowered
by the State Government to exercise that power or on any officer subordinate to him shall be exercised by him subject to the orders of the District Magistrate and all rules, regulations and orders made under
this Chapter shall, if made by 3[the Revenue Commissioner or the Commissioner], be governed by such
rules and orders as the State Government may from time to time make in this behalf and, if made by the
District Magistrate or the 4[Superintendent] specially empowered in that behalf, shall be subject to the
provisions of section 17.
(1) The Commissioner or
1[Superintendent] may, on the application of any person, depute any additional number of Police to keep
the peace, to preserve order or to enforce any of the provisions of this or any other Act in respect of any
particular class or classes of offences or to perform any other Police duties at any place in the area under
his charge.
(2) Such additional Police shall be employed at the cost of the person making the application, but
shall be subject to the orders of the Police authorities and shall be employed for such period as the
appointing authority thinks fit.
(3) If the person upon whose application such additional Police are employed shall at any time
make a written requisition to the appointing authority to which the application for the employment of
additional Police was
(1) Whenever it appears to the State Government or a competent
authority that,-
(a) any large work which is being carried on or any public amusement which is being
conducted is likely to impede the traffic or to attract a large number of people, or
(b) that the behaviour or a reasonable apprehension of the behaviour, of the persons employed
on any railway, canal or other public work, or in or upon any manufactory or other commercial
concern under construction or in operation at any place necessitates the employment of additional
Police at such place, the State Government or the competent authority may depute such additional
Police to the said place as it shall think fit and keep the said Police employed at such place for so
long as
In case of any
dispute under section 47 or 48 the decision of the Chief Presidency Magistrate, in
1[Brihan Mumbai], and the District Magistrate, in the district, shall be conclusive as to the amount to be
paid and as to the person by whom it is to be paid and the sum so ascertained may, on the requisition of
the Chief Presidency Magistrate or the District Magistrate be recovered by the Collector as if it were an
arrear of land revenue due by the person found to be answerable therefor.
(1) If in the opinion of the State Government any area is in a disturbed or dangerous condition or in which the conduct of the inhabitants or of any particular section of the inhabitants renders it expedient temporarily to employ additional Police, it may by notification in the Official Gazette specify-
(a) the area (hereinafter called "the disturbance area") in which the additional Police is to be employed,
(b) the period for which the additional Police is to be employed :
Provided that the period fixed under clause (b) may be extended by the State Government from time to time, if in its opinion it is necessary to do so in the general interest of
1[(1) When any loss or damage is caused to any property or when death results or grievous hurt is caused to any person or persons, by anything done in the prosecution of the common object of an unlawful assembly, the District Magistrate may, by order, specify-
(a) the area (hereinafter called "the disturbance area"), in which in his opinion such unlawful assembly was held ;
(b) the date on which or the period during which such unlawful assembly was held.
(2) The decision of the 2[District Magistrate under clauses (a) and (b) of sub-section (1) shall be final.
52. 1[District Magistrate] to award or apportion compensation.- (1) It shall be lawful for the 2[District Magistrate] to award or apportion all or any moneys recovered as compensation amount under sub-sections (3) to (8) of section 51 to any person or among all or any persons whom he considers entitled to compensation in respect of the loss or damage or death or grievous hurt aforesaid.
(2) No compensation shall be awarded under this section except upon a claim made within 45 days from the date of 3[the order issued by the District Magistrate], under sub-section (1) of section 51 and unless the 4[District Magistrate] is satisfied that the person claiming compensation or where such claim is made in respect of the death of any person, that person also has himself been free from blame in connection with th
53. 1[District Magistrate] to discharge functions under orders of State Government.- The 2[District Magistrate], shall discharge his functions under sections 51 and 52 subject to any general or
special orders of the State Government in this behalf.
(1) Notwithstanding anything contained in the Bombay Rents, Hotel and
Lodging House Rates Control Act, 1947 (Bom. LVII of 1947), 1[or any law corresponding thereto in
force in any area of the 2[State of Maharashtra,]] where under the provisions of section 50 or 51, the
Municipal Commissioner, the Municipality or the Collector, as the case may be, is required to recover
the cost of the additional police including the additional sum referred to in sub-section (3) of section 50
(hereinafter called "the additional cost") or the compensation amount and the municipal recovery cost
(hereinafter called "the riot tax") by an addition to the general or property tax the landlord from whom
any portion of the additional cost or the riot tax is recovered, in respect of any premises shall be entitled
to recover 75 per cent. of such portion from the tenant in the occupation of the premises during the period
fixed under sub-sect
1[(1)] Whenever it shall appear in 2[Brihan Mumbai] and other areas for which a Commissioner has been appointed under section 7 to the
Commissioner and in other area or areas to which the State Government may, by notification in the
Official Gazette, extend the provisions of this section, to the District Magistrate, or the Sub-Divisional
Magistrate specially empowered by the State Government in that behalf (a) that the movements or acts
of any person are causing or calculated to cause alarm, danger or harm to person or property or (b) that
there are reasonable grounds for believing that such person is engaged or is about to be engaged in the
commission of an offence involving force or violence or an offence punishable under Chapter XII, XVI
or XVII of the Indian Penal Code (XLV of 1860), or in the abatement of any such offence and when in
the opinion of such officer witnesses are not willing to com
1[57. Removal of persons convicted of certain offences.- 2[(1)] If a person has been convicted-
(a) (i) of an offence under Chapter XII, XVI or XVII of the Indian Penal Code (XLV of 1860), or
(ii) of any offence under section 65, 66A or 68 of the Bombay Prohibition Act, 1949 (Bom. XXV of 1949), or
(iii) of an offence under section 3, 4, 5, 6 or 9 of the Suppression of Immoral Traffic in Women and Girls Act, 1956 (CIV of 1956), or
1[57A. Removal of certain persons declared to be beggars.- In area in which the Bombay Prevention of Begging Act, 1959 (Bom. X of 1960) is in force, the Commissioner or the District Magistrate having jurisdiction in that area, on receipt of a copy of the order of the Court made under clause (b) of sub-section (5) of section 5 of that Act, shall examine the person who has been directed to appear before him, and if the Commissioner or the District Magistrate is satisfied that such person is not likely to engage himself in the said area in any lawful profession, trade, calling or employment, such officer may by order in writing duly served on such person direct such person to remove himself outside the area or areas where the said Act is in force within such time as may be specified in the order and not to enter or return to the area or areas, as the case may be, from which he was directed to remove himself :
58. Period of operation of orders under section 55, 1[56, 57 and 57A].- A direction made under section 55, 2[56, 57 or 57A] not to enter any particular area 3[or such area and any district or districts, or any part thereof, contiguous thereto, 4[or any specified area or areas] as the case may be,] shall be for such period as may be specified therein and shall in no case exceed a period of two years 5[from the date on which the person removes himself or is removed from the area, district or districts or part aforesaid] 6[or from the specified area or areas, as the case may be].
59. Hearing to be given before order under sections 55, 1[56, 57 or 57A] is passed.- (1) Before an order under section 55, 2[56, 57 or 57A] is passed against any person the officer acting under any of the said sections or any officer above the rank of an Inspector authorised by that officer shall inform the person in writing of the general nature of the material allegations against him and give him a reasonable opportunity of tendering an explanation regarding them. If such person makes an application for the examination of any witness produced by him, the authority or officer concerned shall grant such application; and examine such witness, unless for reasons to be recorded in writing, the authority or officer is of opinion that such application is made for the purpose of vexation or delay. Any written statement put in by such person shall be filed with the record of the case. Such person shall be entitled to a
1[(1)] Any person aggrieved by an order made under section 55, 2[56, 57 or 57A] may appeal to the State Government 3[or to such other officer as the State Government may by order specify (hereinafter referred to as "the specified officer"),] within thirty days from the date of such order.
4[(2) An appeal under this section shall be preferred in duplicate in the form of a memorandum, setting forth concisely the grounds of objection to the order appealed against, and shall be accompanied by that order of a certified copy thereof.
(3) On receipt of such appeal the State Government 5[or the specified order] may, after giving a reasonable opportunity to the appellant to be heard either personally, or by a pleader, advocate or attorney and after such furth
Any order passed under section 55, 1[56, 57 or 57A] or by the State Government under section 60 shall be called in question in any Court except on the ground that the authority making the order or any officer authorised by it had not followed the procedure laid down in sub-section (1) of section 59 or that there was no material before the authority concerned upon which it could have based its order or on the ground that the said authority was not of opinion that witnesses were unwilling to come forward to give evidence in public against the person in respect of whom an order was made under section 56.
1[(1)] If a person to whom a direction has been issued under section 55, 2[56, 57 or 57A] to remove himself from 3[any area, district or part thereof or from any specified area-]
(i) fails to remove himself as directed,
(ii) having so removed himself except with the permission in writing of the authority making the order 4[as provided in sub-section (2)], 5[enters the areas, district or part thereof or the specified area] within the period specified in the order, the authority concerned may cause him to be arrested and removed in police custody to such place 6[outside the area, district or part thereof o
(1) The State Government 1[or any officer specially empowered by the State Government in that behalf] may, by order, permit any person in respect of whom an order has been made under section 55, 2[56, 57 or 57A], to enter or return for a temporary period to 3[the area or such areas] and any contiguous districts or part thereof, 4[or to the specified area or areas,] as the case may be, from which he was directed to remove himself, subject to such conditions as it 5[or he] may by general or special order specify and which such person accepts and may, at any time, revoke any such permission.
(2) In permitting a person under sub-section (1) to enter or return to 6[the area or such areas] and any contiguous districts or part thereof, 7[or to the specific area or areas], as the case may be from whic
1[63AA. Powers of externment of State Government and officers specially empowered.- (1) The State Government or any officer specially empowered by the State Government in that behalf, may, in like circumstances and in like manner exercise the powers exercisable, 2[in any areas for which a Commissioner is appointed] by the Commissioner, and in a district by the District Magistrate, sub-Divisional Magistrate or 3[Superintendent] 4[* *] empowered by the State Government in that behalf, as the case may be, under section 55, 5[56, 57 and 57A], with this modification that 6[under sections 55 and 57A] it shall, be lawful for the State Government or the officer specially empowered to direct the members of 7[the gang or body, or person] 8[or persons declared to be beggars], as the case may be, to remove themselves from, and not to enter or return to, any l
It shall be the duty of every Police officer-
(a) promptly to serve every summons and obey and execute every warrant or other order lawfully issued to him by competent authority, and to endeavour by all lawful means to give effect to the lawful commands of his superior;
(b) to the best of his ability to obtain intelligence concerning the commission of cognizable offences or designs to commit such offences, and to lay such information and to take such other steps, consistent with law and with the orders of his superior as shall be best calculated to bring offenders to justice or to prevent the commission of cognizable, and within his view of non-cognizable offences;
(1) Every Police Officer may, subject to the rules and orders made by the State Government or by a person lawfully authorised, enter for any of the purposes referred to in section 64 without a warrant, and inspect any place of public resort which he has reason to believe is used as drinking shop, or a shop for the sale of intoxicating drugs or a place of resort of loose and disorderly characters.
(2) Power to search suspected persons in a street.- When in a street or a place of public resort a person has possession or apparent possession of any article which a Police officer in good faith suspects to be stolen property, such Police officer may search for and examine the same and may require an account thereof, and, should the account given by the possessor be manifestly false or suspicious, may detain such article and report the facts to a Magistrate, who shall thereo
It shall be the duty of every Police officer,-
(a) to afford every assistance within his power to disabled or helpless persons in the street, and to take charge of intoxicated persons and of lunatics at large who appear dangerous or incapable of taking care of themselves;
(b) to take prompt measures to procure necessary help for any person under arrest or in custody, who is wounded or sick, and whilst guarding or conducting any such person, to have due regard to his condition;
(c) to arrange for the proper sustenance and shelter of every person who is under arrest or in custody;
It shall be the duty of a Police officer-
(a) to regulate and control the traffic in the streets, to prevent obstructions therein and, to the best of his ability, to prevent the infraction of any rule or order made under this Act or any other law in force for observance by the public in or near the streets ;
(b) to keep order in the streets and at and within public bathing, washing and landing places, fairs, temples and all other places of public resort and in the neighbourhood of places of public worship during the time of public worship ;
(c) to regulate resort to public bathing, washing and landing places, to prevent overcrowding th
All persons shall be bound to conform to the reasonable directions of a Police officer given in fulfilment of any of his duties under this Act.
A Police Officer may restrain or remove any person resisting or refusing or omitting to conform to any direction referred to in section 68 and may either take such person before a Magistrate or, in trivial cases, may release him when occasion is past.
Whenever a notification has been duly issued under section 37 or an order has been made under section 38 or 39, it shall be lawful for any Magistrate in a District or Police Officer to require any person acting or about to act contrary thereto to desist or to abstain from so doing, and, in case of refusal or disobedience, to arrest the person offending. Such Magistrate or Police Officer may also seize any object or thing used or about to be used in contravention of such notification, or order as aforesaid, and the thing seized shall be disposed of according to the order of any District Magistrate having jurisdiction at the place.
71. Duty of Police to see orders issued under section 43, 55, 56, 1[57, 57A or 63AA] are carried out.- It shall be the duty of the Police to see that every regulation and direction made by any authority under section 43, 55, 56, 2[57, 57A or 63AA] is duly obeyed, to warn persons who from ignorance fail to obey the same and to arrest any person who wilfully disobeys the same.
Any Police officer may, without any order from a Magistrate and without a warrant, arrest-
(1) any person who has been concerned in an offence punishable under section 121 or against whom reasonable complaint has been made or credible information has been received or a reasonable suspicion exists, of his having been concerned in such offence ;
(2) any person who contravenes a rule or order under clause (x) of sub-section (1) of section 33 or an order or notification under section 36, 37, 56, 1[57, 57A or 63AA];
2[(2A) any person who contravenes any order made under sub-section (1) of section 6
Any Police officer may, without an order from a Magistrate and without a warrant, arrest any person committing in his presence any offence punishable under 1[clause (a), (b) , (c), (d), (e), (f), (g), (h), (i), (j), (k), or (m) of sub-section (1) of section 11 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960)].
[Extension of section 6B of Act XI of 1890 as in force in pre-Reorganisation State to rest of the State for the purposes of sections 74 to 77]. Deleted by Mah. 24 of 1964, s. 3.
74. Powers with regard to offences under 1[Act LIX of 1960].- When in respect of an animal an offence under 2[sub-section (1) of section 11 or section 12 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960) (hereinafter in this section and in sections 75 and 77 referred to as the said Act)] has been committed, of when there is reasonable ground for suspecting that such offence has been committed, a Police officer may-
(a) take the animal to a Magistrate, or
(b) if the accused person so requires take the animal to a veterinary officer, if any, empowered by State Government in this behalf, or
(c
When an animal is brought before a Magistrate under section 74, the Magistrate may direct the animal to be returned to the person from whose possession it was taken, on such person giving security to the satisfaction of the Magistrate, binding himself to produce the animal when required, or may direct that the animal shall be sent for treatment and care to an infirmary and be there detained as provided in 1[section 35] of the said Act or may make such order as he thinks fit regarding the disposal or custody and production of the animal.
In this Act, unless there is anything repugnant in the subject or context,-
(1) "cattle" includes elephants, camels, horses, asses, mules, sheep, goats and swine;
1[(1A) "Competent Authority" means the competent Authority mentioned in section 22N;]
(2) "Corporation" means a Corporation constituted under the Bombay Municipal Corporation
Act (Bom. III of 1888) or the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of
1949) 2[and the City of Nagpur Corporation Act, 1948 (C. P. and Berar II of 1950)];
(3) the expression "competent authority" when used with reference to the exercise or
performance of any power, duty or function under the provisions of thi
3. One Police Force for the 1[whole of the 2[State of Maharashtra]].- There shall be one Police Force for the 3[whole of the 4[State of Maharashtra]] 5[and such Police Force shall include every Police Officer referred to in clause (6) of section 2] :
Provided that, the members of the Police Forces constituted under any of the Acts mentioned in
Schedule I immediately before the coming into force of this Act 6[in the relevant part of the State] shall
be deemed to be the members of the said Police Force.
The Superintendence of the Police Force throughout 1[the 2[State of Maharashtra]] vests in and exercisable by the State Government and 3[subject to such Superintendence, the Secretary to the State Government in the Home
Department, whether designated as Secretary, Home Secretary, Special Secretary, Additional Chief
Secretary or otherwise, in charge of the Law and Order Division of the Home Department shall exercise
control, direction and supervision over the Police Force].
Subject to the provisions of this Act-
(a) the Police Force shall consist of such number in the several ranks and have such
organization and such powers, functions and duties as the State Government may by general or
special order determine ;
(b) the recruitment, pay, allowances and all other conditions of service of the Police Force
shall be such as may from time to time be determined by the State Government by general or special
order:
Provided that,-
1[(i) the rules and orders govern
6. 1[Director-General and Inspector-General], Additional and Deputy Inspector General.- (1) 2[Subject to the provisions of section 4, for the direction and supervision] of the Police Force, the
State Government shall appoint an 3[Director-General and Inspector-General of Police] who shall
exercise such powers and perform such functions and duties and have such responsibilities and such
authority as may be provided by or under this Act, or orders made by the State Government.
4[(a) The State Government may appoint one or more Additional Director General and
Inspector General, one or more Special Inspector General and one or more Deputy Inspector
General.
(b) The State Government may
(a) The State Government may appoint a Police Officer to be the
Commissioner of Police for 1[Brihan Mumbai] or any other area specified in a notification issued by the
State Government in this behalf and published in the Official Gazette.
2[(a-1) The State Government may also appoint the Special Commissioner of Police for Brihan
Mumbai.]
(b) The State Government 3[may also appoint one or more Additional Commissioners of Police
4[one or more Joint Commissioner] for any of the areas] specified in clause (a).
(c) The Commissioner shall exercise such powers, perform such functions and duties and shall have
such responsibilities and authority as are provided by or under this Act or as may ot
8. Appointment of 1[Superintendent and], Additional, Assistant and Deputy
Superintendents.- (1) The State Government may appoint for each District or for a part of a district or
for one or more districts 2[a Superintendent of Police] and one or more Additional, Assistant and Deputy
Superintendents of Police, as it may think expedient.
(2) The State Government may, by a general or special order, empower an Additional
Superintendent to exercise and perform in the district for which he is appointed or in any part thereof,
all or any of the powers, functions or duties to be exercised or performed by a 3[Superintendent] under
this Act or under any law for the time being in force.
(3) The 4[Superintendent] may, with the previous permission of the State Government d
1[8A. 2[Appointment of Director of Police Wireless and of Superintendent], Assistant and
Deputy Superintendents for Wireless System, Motor Transport System or any specific duty.- (1)
The State Government may appoint for the whole of the State or for any part thereof-
3[(i) one or more Directors of Police Wireless and 4[a Special Inspector General of Police
for the Police Wireless System (hereinafter referred to as "the Director of Police Wireless") as it
thinks fit, and
(ii) one or more Superintendents of Police, and Assistant and Deputy Superintendents of
Police as it thinks fit],
1[9. Appointment of Principals of Police Training Institutions.- (1) The State Government
may appoint any Police Officer not below the rank of Superintendent to be the Principal of the Police
Training College, Nashik, or any other Police Training College established by it. The State Government
may assign to each of the Principals aforesaid such powers, functions and duties as it may think fit.
(2) The State Government may appoint any Police Officer not below the rank of an Assistant or
Deputy Superintendent to be the Principal of any Police Training School established by it. An officer
(not below the rank of a Deputy Inspector-General) authorised by the State Government in that behalf
may, subject to the control of the State Government, assign to each Principal so appointed such power,
functions and duties as he may think fit.]
10. Deputies 1[* *] to Commissioner.- (1) The State Government may appoint one or more
Deputy Commissioners 2[* * * *] of Police in 3[Brihan Mumbai] or in any area in which a
Commissioner has been appointed under clause (a) of section 7.
(2) Every such Deputy 4[* *] Commissioner shall, under the orders of the Commissioner,
exercise and perform any of the powers, functions and duties of the Commissioner to be exercised or
performed by him under the provisions of this Act or any other law for the time being in force in
accordance with the general or special orders of the State Government made in this behalf :
Provided that, the powers to be exercised by the Commissioner 5[of making, altering or rescinding
rules under section 33] shall not be exercisa
11. 1[2[Assistant Commissioners] within jurisdiction of Commissioners].- (1) The State Government may appoint 15for any area for which a Commissioner of Police has been appointed under
section 7] such number of 3[Assistant Commissioners of Police] as it may think expedient.
(2) 4[An Assistant Commissioner] appointed under sub-section (1) shall exercise such powers and
perform such duties and functions as can be exercised or performed under the provisions of this Act or
any other law for the time being in force or as are assigned to him by the Commissioner under the general
or special orders of the State Government :
Provided that, the powers to be exercised by the Commissioner 5[of making, altering or rescinding
rules under section 33] shall not b
(1) Subject to the control of the State Government
the Commissioner 1[for any area] shall, if he thinks fit-
(a) constitute 2[within the area under his charge], Police division,
(b) sub-divide the same into sections, and
(c) define the limits and extent of such divisions and sections.
(2) Each such division shall be in charge of 3[an Assistant Commissioner] and each section shall be
in charge of an Inspector of Police.
1[12A. Officers in charge of Divisions and section Inspectors.- Subject to the general or special
orders of the State Government the Commissioner for the area for which he is appointed and the
2[Director-General and Inspector-General] for other areas shall appoint Inspectors.]
[Inspector-General and Commissioner to exercise the powers of First Class Magistrate and
Presidency Magistrate]. Deleted by Bom. XXI of 1954, Second Sch.
(1) Every Police Officer 1* 2[of the grade of Inspector or
below], shall on appointment receive a certificate in form provided in Schedule II. The certificate shall
be issued under the seal of such officer as the State Government may by general or special order direct.
(2) A certificate of appointment shall become null and void whenever the person named therein
ceases to belong to the Police Force or shall remain inoperative during the period within which such
person is suspended from such Force.
The powers, functions and privileges vested in a
Police Officer shall remain suspended whilst such Police Officer is under suspension from office :
Provided that, notwithstanding such suspension such person shall not cease to be a Police Officer
and shall continue to be subject to the control of the same authorities to which he would have been if he
was not under suspension.
16. General powers of Commissioner and 1[Superintendent].- The Commissioner, subject to
the orders of the 2[Director-General and Inspector-General], and the 3[Superintendent], subject to the
orders of the 4[Director-General and Inspector-General] and the District Magistrate, shall, within their respective spheres of authority direct and regulate all matter of arms, drill, exercise, observation of person
and events, mutual relations, distribution of duties, study of laws, orders and modes of proceedings and
all matters of executive detail or the fulfilment of their duties by the Police Force under him.
(1) The 1[Superintendent]
and the Police Force of a district shall be under the control of the District Magistrate.
(2) In exercising such control the District Magistrate shall be governed by such rules and orders as
the State Government may make in this behalf 2[and shall be subject to the lawful orders of the Revenue
Commissioner].
18. Power of District Magistrate to require reports from 1[Superintendent].- The District
Magistrate may require from the 2[Superintendent] reports either particular or general, on any matter
connected with the crimes, habitual offenders, the prevention of disorder, the regulation of assemblies
and amusements, the distribution of the Police Force, the conduct and character of any Police Officer
subordinate to the 3[Superintendent], the utilization of auxiliary means and all other matters in
furtherance of his control of the Police Force and the maintenance of order.
If the District Magistrate observes any
marked incompetence or unfitness for the locality or for his particular duties, in any Police Officer
subordinate to the 1[Superintendent] he may require the 2[Superintendent] to substitute another officer
for any officer whom he has power to transfer and the 3[Superintendent] shall be bound to comply with
the requisition :
Provided that, if the Police officer concerned is an officer 4[of a grade higher than that of an
Inspector] the District Magistrate may report his conduct to the 5[Director-General and
Inspector-General]. The 6[Director-General and Inspector-General] may, thereafter, determine the
action to be taken and pass such orders as he thinks fit, and shall communicate such action or order to
the District Magistrate.
20. Power of 1[Director-General and Inspector-General] and Commissioner to investigate
and regulate matters of Police accounts.- The 2[Director-General and Inspector-General] throughout
the 3[State] and the Commissioner in the area for which he is appointed, shall subject to the orders of
the State Government, have authority to investigate and regulate all matters of account connected with
the Police in the 4[State] in the area, as the case may be, and all persons concerned shall be bound to
give him reasonable aid and facilities in conducting such investigations and to conform to his orders
consequent thereto.
(1) The Commissioner, the 1[Superintendent], or any Magistrate,
2* * * * * specially empowered in this behalf by the State Government, may at any time by
a written order signed by himself and sealed, with his own seal appoint any able-bodied male person
between the ages of 18 and 50, whom he considers fit to be a Special Police Officer to assist the Police
Force on any occasion, when he has reason to apprehend the occurrence of any riot or grave disturbance
of the peace within the limits of his charge and he is of opinion that the ordinary Police Force is not
sufficient for the protection of the inhabitants and for the security of property.
(2) Every Special Police officer so appointed shall on appointment-
(a) receive a certificate in a form approv
(1) Additional Police Officers of such rank or grade for
such time and on such pay as the authority specified by or under the provisions of this Act in that behalf
may determine, may be employed or deputed for the purpose stated in such provisions.
(2) Every additional Police Officer appointed, shall on appointment-
(a) receive a certificate in a form approved by the State Government in this behalf,
(b) be vested with all or such of the powers, privileges and duties of a Police Officer as are
specially mentioned in the certificate, and
(c) be subject to the order
1[22A. Appointment of Railway Police.- (1) The State Government may by notification in the
Official Gazette, create one or more special police districts embracing such railway areas in the State as
it may specify, and appoint a Superintendent of Police 2[one or more Assistant and Deputy
Superintendents] and such other Police Officers for each such special districts as it may think fit.
(2) Subject to the control of the 3[Director-General and Inspector-General], such Police Officers
shall discharge police functions connected with the administration of railways situated within their
respective charge, and such other functions as the State Government may from time to time assign to
them.
(3) Any member of the said Police Force whom the State Government shall general
| (1) The State Government shall, by notification in the
Official Gazette, constitute for the purposes of this Act, a Board to be called the Police Establishment
Board No. 1. (2) The Police Establishment Board No.1 shall consist of the following members, namely:-
|
The Police Establishment Board No. 1 shall perform the following functions, namely:-
(1) Subject to the provisions of this Act, the Board constituted under sub-section (1) of section 22C may, make appropriate recommendations to the State Government regarding the service conditions of Police Officers excluding salary and allowances.
(2) In particular and without prejudice to the generality of the foregoing functions, the Board may perform all or any of the following functions, namely:-
(a) to advise and make recommendations to the State Government regarding the posting and transfer of Police Officers 1[and the State Government shall give due weight to its recommendations];
(1) The State Government shall, by notification in the
Official Gazette, constitute for the purposes of this Act, a Board to be called the Police Establishment
Board No. 2. (a)
(2) The Police Establishment Board No. 2 shall consist of the following members, namely:-
Director General and Inspector General of
The Police Establishment Board No. 2 shall perform the following functions, namely:-
(1) Subject to the provisions of this Act, the Board constituted under sub-section (1) of section 22E may, make appropriate recommendations to the Competent Authority concerned, regarding the service conditions of Police Officers excluding salary and allowances. The Competent Authority shall normally act upon them.
(2) In particular and without prejudice to the generality of the foregoing functions, the Board may perform all or any of the following functions, namely:-
(a) to decide posting and transfer of Police Officers;
(b)<
(1) The State Government shall, by notification in the Official Gazette, constitute for the purposes of this Act, a Board to be called the Police Establishment Board at Range Level. (a)
(2) The Police Establishment Board at Range Level shall consist of the following members, namely:-
Range Inspector General
The Police Establishment
Board at Range Level shall perform the following functions, namely:-
(a) The Board shall decide all transfers, postings and other service related matters of Police
Officers of the rank of Police Sub-Inspector to Police Inspector within the Range.
(b) The Board shall be authorized to make appropriate recommendations to the Police
Establishment Board No. 2, regarding the postings and transfers out of the Range, of the Police
Officers of the rank of Police Sub-Inspector to Police Inspector.
Explanation.- For the purposes of this section, the expression "Police Officer" means a Police
Officer of the rank of Police Sub-Inspector to Police Inspector.
(1) The State Government shall,
by notification in the Official Gazette, constitute for the purposes of this Act, a Board to be called the
Police Establishment Board at Commissionerate Level. (a)
(2) The Police Establishment Board at Commissionerate Level shall consist of the following
members, namely:-
Commi
The Police
Establishment Board at Commissionerate Level shall perform the following functions, namely:-
(a) The Board shall decide all transfers, postings and other service related matters of Police Officers
of the rank of Police Sub-Inspector to Police Inspector within the Commissionerate.
(b) The Board shall be authorized to make appropriate recommendations to the Police
Establishment Board No. 2 regarding the postings and transfers out of the Commissionerate, of the Police
Officers of the rank of Police Sub-Inspector to Police Inspector.
Explanation.- For the purposes of this section, the expression "Police Officer" means a Police
O
The veterinary officer before whom an animal is brought under section 74 shall with all convenient speed examine the same and draw up a report of such examination. A copy of the report shall be delivered free of charge to the accused person, if he applies for it.
77. Animal to be dealt with under 1[Act LIX of 1960].- When under section 74 a Police officer directs that an animal shall be sent for detention in a dispensary or any suitable place before its production before a Magistrate or under section 74 a Magistrate directs that an animal shall be sent for treatment and care to an infirmary and be detained therein, the provisions of 2[section 35] of the said Act, shall so far as may be, apply.
When a Police officer in good faith suspects that any animal being employed in any work or labour is, by reason of any sore, unfit to be so employed, he may require the person in charge of such animal to unsaddle or unload it for the purpose of ascertaining whether any sore exists and, if any person refuses to do so, may himself unsaddle or unload the animal or may cause the same to be unsaddled or unloaded.
1[79. Power of Police to arrest without warrant when certain offences committed in his presence.- Any Police officer may, without an order from a Magistrate and without a warrant, arrest any person committing in his presence any offence punishable under section 117 or section 125 or section 130 or sub-clause (i), (iv) or (v) of section 131 or clause (i) of section 135 in respect of contravention of any order made under section 39 or 40].
(1) Any Police officer specially employed in this behalf by a competent authority may arrest without warrant for an offence specified in section 110.
(2) Any Police officer may, on the information of any person in possession, or charge of any dwelling house, private premises or land or ground attached thereto, arrest without warrant any person alleged to have committed therein or thereon an offence punishable under section 120.
A Police officer may arrest without warrant any person committing in his presence in any street or public place any non-cognizable offence punishable under this Act, or under any rule thereunder and for which no express provisions has been made elsewhere or under any other law for the time being in force, if such person-
(i) after being warned by a Police officer persists in committing such offence, or
(ii) refuses to accompany the Police officer to a Police Station on being required so to do.
(1) The Police shall take temporary charge-
(a) of all unclaimed property found by, or made over to them, and also
(b) of all property found lying in any public street, if the owner or person in charge of such property on being directed to remove the same, refuses or omits to do so.
(2) 1[In any area for which a Commissioner has been appointed] the property of which the Police have taken charge under sub-section (1) shall be handed over to the Commissioner.
(1) 2[In any area under the charge of a Commissioner] if any property of the nature referred to in section 82 appears to have been left by a person who has died intestate, and not to be under four hundred rupees in value, the Commissioner shall communicate with the Administrator-General with a view to its being dealt with under the provisions of the Administrator-General’s Act, 1913 (II of 1913), or other law for the time being in force.
(2) 3[In areas outside the charge of a Commissioner] the property shall be delivered to the policepatel, if any, of the town or village in which the same was found, and a receipt therefor taken from the police-patel, who shall forward such property to the Magistrate to whom such police-patel is subordinate. If in any such case there be no police-patel of such town or village, the Police shall forthwith report to such Ma
If the property regarding which a report is made to a Magistrate under section 83 or under section 19 of the Bombay Village Police Act, 1867 (Bom. VIII of 1867), 1[or of that Act as in force in Kutch area of the State of Bombay, or under section 21 of the Saurashtra Village Police Ordinance, 1949 (Saur. Ord. XXXI of 1949),] appears to such Magistrate to have been left by a person who has died intestate and without known heirs and to be likely, if sold in public auction, to realise more than, four hundred rupees net proceeds, he shall communicate with the District Judge with a view to its being dealt with under the provisions of section 10 of Bombay Regulation VIII of 1827 (Regulation to provide for the formal recognition of heirs, etc.) or other law in force.
(1) In any case not covered by section 83 or 84, the Commissioner 1[the Superintendent] or the Magistrate concerned, as the case may be, shall issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto appear before himself or some other officer whom he appoints in this behalf and establish his claim within 2[two months] from the date of such proclamation.
(2) Power to sell perishable property at once.- If the property, or any part thereof, is subject to speedy and natural decay, or consists of live-stock, or if the property appears to be of less value than 3[two thousand and five hundred rupees], it may be forthwith sold by auction under the orders of the Commissioner 4[the Superintendent] or the Magistrate concerned, as the case may be, and the net pr
(1) The Commissioner 1[or, the Superintendent] or the Magistrate concerned, as the case may be shall on being satisfied of the title of any claimant to the possession or administration of the property specified in the proclamation issued under sub-section (1) of section 85, order the same to be delivered to him, after deduction or payment of the expenses properly incurred by the Police in the seizure and detention thereof.
(2) Power to take security.- The Commissioner 2[or, the Superintendent] or the Magistrate concerned, as the case may be, may, at his discretion, before making any order under sub-section (1), take such security as he may think proper from the person to whom the said property is to be delivered, and nothing herein before contained shall affect the right of any person to recover the whole or any part of the same fr
If no person establishes his claim to such property within the period specified the proclamation it shall be at the disposal of the State Government, and the property or such part, thereof as has not already been sold under sub-section (2) of section 85, may be sold by auction under the orders of the Commissioner, 1[or, the Superintendent] or the Magistrate concerned, as the case may be.
88. Procedure not affected by Indian Succession Act or Administrator General's Act or Regulation VIII of 1827 1[or corresponding law].- Nothing in the Indian Succession Act, 1925 (XXXIX of 1925) or in the Administrator General’s Act, 1913 (III of 1913), shall apply to intestate property which is dealt with by the Commissioner under sub-section (1) of section 85, nor shall the provisions of section 10 of Regulation VIII of 1827, 2[or of any corresponding law in force] likewise be deemed to apply to intestate property which is dealt with by a Magistrate under sub-section (1) of section 85.
1[In any areas outside the charge of a Commissioner] a Police officer may take charge of any animal falling under the provisions of the Cattle Trespass Act, 1871 (I of 1871), 2[ 3 * * * * *] or, as the case may be, under the Hyderabad Cattle Trespass Act (Hyd. V of 1337 F),] which may be found straying in a street, and may take or send the same to the nearest pound, and the owner and other persons concerned shall thereon become subject to the provisions of the 4[relevant Act.]
(1) 1[In any area 2[(other than 3[Brihan Mumbai])] under the charge of a Commissioner], the Commissioner 4[* * * *] shall, from time to time, appoint such places as he thinks fit to be public pounds, and may appoint to be keepers of such pounds Police officers of such rank as may be approved by the State Government.
(2) Every pound-keeper so appointed shall, in the performance of his duties be subject to the direction and control of the Commissioner, 5[* *].
1[90A. Penalty for allowing cattle to stray in to street or trespass upon private or public property.- (1) whoever in 2[any area 3[ (other than 4[Brihan Mumbai ])] under the charge of a Commissioner] allows any cattle which are his property or in his charge to stray in any street or to trespass upon any private or public property shall, on conviction, be punished-
5[(i) for the first offence, with fine which may extend to three thousand rupees;]
(ii) for the second or subsequent offence, with imprisonment for a term which may extend to six months or with fine which may extend to 6[five thousand rupees] or with both.
It shall be the duty of every Police officer, and it shall be lawful for any other person, to seize, and take to any such public pound for confinement therein, any cattle found straying in any street or trespassing upon any private or public property in 1[any area 2[(other than 3[Brihan Mumbai])] under the charge of a Commissioner] 4* * * * *.
If the owner of the cattle impounded under section 91 or his agent appears and claims the cattle, the pound-keeper shall deliver them to him on payment of the pound-fees and expenses chargeable in respect of such cattle under section 94.
(1) If within ten days after an animal has been impounded no person appearing to be the owner of such animal offers to pay the pound-fee and expenses chargeable under section 94, such animal shall be forthwith sold by auction, and the surplus remaining after deducting the fee and expenses aforesaid from the proceeds of the sale shall be paid to any person who, within fifteen days after the sale, proves to the satisfaction of such officer as the Commissioner authorises in this behalf 1* * * that he was the owner of such animal, and shall in any other case, form part of the consolidated fund of the State.
(2) No Police officer or pound-keeper shall, directly or indirectly, purchase any cattle at a sale under sub-section (1).
(1) The pound-fee chargeable shall be such as the State Government may, from time to time by notification in the Official Gazette, specify for each kind of animal 1* * *.
(2) The expenses chargeable shall be at such rates for each day during any part of which an animal is impounded, as shall from time to time be fixed by the Commissioner 2* * * in respect of such animal.
(1) Notwithstanding anything contained in section 153 of the 1Code of Criminal Procedure, 1898 (V of 1898), any Police officer generally or specially deputed, in 2[any area under the charge of a Commissioner], by the Commissioner and elsewhere, by the 3[Superintendent] or any other officer specially empowered in that behalf by the State Government, may without warrant enter any shop or premises for the purpose of inspecting or searching for any weights or measures or instruments for weighing or measuring used or kept therein.
(2) If he finds in such shop or premises weights, measures or instruments, for weighing or measuring which he has reason to believe are false, he may seize the same and shall forth with give information of such seizure to the Magistrate having jurisdiction, and if such weights, measures, or instruments shall be found by
(1) Notwithstanding anything contained in sections 129, 130, sub-section (2) of section 167, and section 173 of the 1Code of Criminal Procedure, 1898 (V of 1898)-
(i) the powers and duties of a Magistrate under sections 129 and 130 of that Code may, in 2[any area under the charge of a Commissioner] be exercised and performed by the Commissioner,
(ii) the Presidency Magistrate in 3[Brihan Mumbai] to whom an accused person is forwarded under sub-section (2) of section 167 of the Code, may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit for a term not exceeding fifteen days at
A Police officer of rank superior to that of constable may perform any duty assigned by law or by a
lawful order to any officer subordinate to him ; and in case of any duty imposed on such subordinate, a
superior where it shall appear to him necessary, may aid, supplement, supersede or prevent any action
of such subordinate by his own action or that of any person lawfully acting under his command or
authority, whenever the same shall appear necessary or expedient for giving more complete or
convenient effect to the law or for avoiding an infringement thereof.
(1) The State Government may, by notification in the Official
Gazette, declare any specified service to be an essential service to the community :
Provided that such notification shall remain in force for one month in the first instance, but may be
extended, from time to time, by a like notification.
(2) Upon a declaration being made under sub-section (1) and so as it remains in force, it shall be
the duty of every Police officer to obey any order given by any superior officer in relation to employment
upon or in connection with the service specified in the declaration ; and every such order shall be deemed
to be a lawful order within the meaning and for the purposes of this Act.
No person shall-
(a) when driving a vehicle along a street and except in cases of actual necessity or of some
sufficient reason, for deviation, fail to keep, on the left side of street and when passing any other
vehicle proceeding in the same direction fail to keep on the right side of such vehicle ; or
(b) Leaving cattle, etc., insufficiently tended.- leave in any street or public place
insufficiently tended or secured any animal or vehicle.
No person shall cause obstruction, damage,
injury, danger, alarm or mischief in any street or public place,-
(i) by any misbehaviour, negligence or ill-usage in the driving, management, treatment or care
of any animal or vehicle ; or
(ii) by driving any vehicle or animal laden with timber, poles, or other unwieldy articles
through a street or public place contrary to any regulation made in that behalf and published by a
competent authority.
No person shall in any street or public place expose
for hire or sale any animal or vehicle, clean any furniture or vehicle, or clean or groom any horse or other
animal, except at such times and places as a competent authority permits, or shall train or break in any
horse or other animal or make any vehicle or any part of a vehicle, or except when in the case of an
accident repairing on the spot is unavoidable, repair any vehicle or part of a vehicle or carry on therein
any manufacture or operation so as to be a serious impediment to traffic or a serious annoyance to
residents or to the public.
No person shall cause obstruction in any street or
public place by allowing any animal or vehicle which has to be loaded or unloaded, or to take up or set
down passengers, to remain or stand therein longer than may be necessary for such purpose, or by leaving
any vehicle standing or fastening any cattle therein, or using any part of a street or public place as a
halting places for vehicle or cattle, or by leaving any box, bale, package or other thing whatsoever in or
upon a street for an unreasonable length of time or contrary to any regulation made and published by a
competent authority by exposing anything for sale or setting out anything for sale in or upon any stall,
booth, board, cask, basket or in any other way whatsoever.
No person shall drive, ride, lead, propel or leave on any footway
any animal or vehicle other than a perambulator or fasten any animal so that the same can stand across
or upon such footway.
No person shall exhibit,
contrary to any regulation made and notified by 1[the Revenue Commissioner or the Commissioner] or
a District Magistrate, as the case may be, any mimetic, musical or other performances of a nature to
attract crowds or carry or place bulky advertisements, pictures, figures or emblems in any street or public
place whereby an obstruction to passengers or annoyance to the inhabitants may be occasioned.
No person shall slaughter any
animal, clean a carcass or hide, or bathe or wash his person in or near to and within sight of a street or
public place (except at a place set apart for the purpose by order of a competent authority) so as to cause
annoyance to the neighbouring residents or to passers by.
No person shall in
any street or public place (A) negligently let loose any horse or other animal, so as to cause danger,
injury, alarm or annoyance, or suffer a ferocious dog to be at large without a muzzle or (B) set on or urge
a dog or other animal to attack, worry or put in fear any person or horse or other animal.
No person shall bathe or
wash in or by the side of a public well, tank , or reservoir not set apart for such purposes by order of a
competent authority, or in or by the side of any pond, pool, aqueduct, part of a river, stream, nala or other
source or means of water-supply in which such bathing is forbidden by order of the competent authority.
No person shall defile or cause to be defiled, the water
in any public well, tank, reservoir, pond, pool, aqueduct or part of a river, stream, nala or other source or
means of water-supply, so as to render the same less fit for any purpose for which it is set apart by the
order of the competent authority.
No person shall obstruct or incommode a person bathing at a place
set apart for the purpose by the order of the competent authority under section 107 by wilful intrusion or
by using such place for any purpose for which is not so set apart.
No person shall wilful and indecently expose his person
in any street or public place or within sight of and in such manner as to be seen from, any street or public
place, whether from within any house or building or not, or use indecent language or behave indecently
or riotously, or in a disorderly manner in a street or place of public resort or in any office, station or
station house.
No person shall wilfully push, press,
hustle or obstruct any passenger in a street or public place or by violent movements, menacing gestures,
wanton personal annoyance, screaming, shouting, wilfully frightening horses or cattle or otherwise
disturb the public peace or order.
No person shall use in any
street or public place any threatening, abusive or insulting words or behaviour with intent to provoke a
breach of the peace or whereby a breach of the peace may be occasioned.
No person shall fly a kite so as to cause danger, injury or
alarm to persons 1[horses] or property.
[Begging and exposing offensive ailments] Repealed by Bom. X of 1960, S.2 (14), Schedule.
No person shall in or near to any street, public
place or place of public resort-
(a) commit a nuisance by easing himself, or
(b) having the care or custody of any child under seven years of age suffer such child to
commit a nuisance as aforesaid 1[or
(c) spit or throw any dust, ashes, refuse or rubbish so as to cause annoyance to any
passer-by.]
No person shall, in any Court, Police Station,
Police office, building occupied by Government or building occupied by any public body, smoke or spit
in contravention of a notice by a competent authority in charge of such place and fixed to such Court,
Station, office or building.
Any person who contravenes any of the
provisions of sections 99 to 116 (both inclusive) shall, on conviction, be punished with fine which may
extend to 1[twelve hundred rupees].
(1) In any local area in which the State Government by notification in the Official Gazette brings this section into force, whoever through neglect or otherwise fails to keep in confinement or under restrain between one hour after sunset and sunrise any cattle which are his property or in his charge shall, on conviction, 1[be punished,-
2[(i) for the first offence, with fine which may extend to four thousand rupees;]
(ii) for the second or subsequent offence, with imprisonment for a term which may extend to six months or with fine which may extend to 3[five thousand rupees] or with both].
Explanation.- Cattle shall not be deeme
Whoever in any place 1[in any area for which a
Commissioner has not been appointed] cruelly beats, goads, overworks, ill-treats or tortures, or causes
or procures to be cruelly beaten, goaded, over-worked, ill-treated or tortured any animal, shall, on
conviction, be punished with imprisonment which may extend to one month or with fine which may
extend to 2[two thousand five hundred rupees,] or with both.
Whoever without satisfactory excuse wilfully enters or remains in or upon
any dwelling house or premises or any land or ground attached thereto, or on any ground, building,
monument or structure belonging to Government or appropriated to public purposes, or on any boat or
vessel, shall, on conviction, whether he causes any actual damages or not, be punished with fine which
may extend to 1[five thousand rupees].
Whoever knowingly gives or causes to be
given a false alarm of fire to the fire brigade of a municipality or corporation or to any officer or fireman
thereof whether by means of a street fire-alarm, statement, message or otherwise, or with intent to give
such false alarm, wilfully breaks the glass of, or otherwise damages a street fire-alarm, shall, on
conviction, be punished with imprisonment for a term which may extend to three months or with fine
which may extend to 1[three hundred rupees] or with both.
Whoever is found between sunset and sunrise-
(a) armed with any dangerous instrument with intent to commit an offence, or
(b) having his face covered, or otherwise disguised, with intent to commit an offence, or
(c) in any dwelling-house or other building or on board any vessel or boat without being able satisfactorily to account for his presence there, or
(d) lying or loitering in any street, yard or other place, being a reputed thief and without being able to give a satisfactory account of himself, or
Whoever not being a member of the armed forces
of the Union and acting as such or a Police Officer, goes armed with any sword, spear, bludgeons, gun
or other offensive weapon or with any explosive or corrosive substance in any street or public place
unless so authorised by lawful authority, shall be liable to be disarmed by any Police Officer, and weapon
or substance so seized shall be forfeited to the State Government, unless redeemed within two months
by payment of such fine not exceeding 1[twelve thousand five hundred rupees] as the Commissioner or
the District Magistrate in areas under their respective charges imposes.
(1) This Act may be called 1[the Maharashtra Police Act].
2[(2) It extends to the whole of the State of 3[Maharashtra].
4(3) It shall come into force 5[in the pre-Reorganisation State of Bombay] on such date as the State
Government may, by notification in the Official Gazette 6[specify in this behalf, and in that part of the
State to which it is extended by the Bombay Police (Extension and Amendment) Act, 1959
(Bom. XXXVI of 1959), it shall come into force on such other date as the Government may by like
notification specify].
Whoever has in
his possession or conveys in any manner, or offers for sale or pawn, anything which there is reason to
believe is stolen property or property fraudulently obtained, shall, if he fails to account for such
possession or to act to the satisfaction of the Magistrate, on conviction, be punished with imprisonment
for a term 1[which may extend to one year but shall not, except for reasons to be recorded in writing, be
less than one month and shall also be liable to fine which may extend to 2[five thousand rupees]].
Whoever-
(a) takes or introduces, or attempts to take or introduce, any spirits or spirituous or fermented liquors or intoxicating drugs or preparations into any public hospitals without the permission of a medical officer of such hospital, or
(b) not being amenable to the Articles of war takes or introduces, or attempts to take or introduce, any such spirits, liquors, drugs or preparations not belonging to any person above the rank of a non-commissioned officer,
(i) into the barracks or buildings occupied by the troops composing the Garrison of Bombay or into any military barracks, guard-rooms
Whoever, being a pawn-broker, dealer in second-hand property, or worker in metals, or reasonably believed by the Commissioner, or 2[Superintendent], in the areas under their respective charges to be such a person, and having received from a Police officer written or printed information that the possession of any property suspected to have been transferred by any offence mentioned in section 410 of the Indian Penal Code (XLV of 1860), or by any offence punishable under sections 417, 418, 419 or 420 of the said Code, is found in possession or thereafter comes into the possession, or has an offer either by way of sale, pawn, exchange or for custody, alteration or otherwise howsoever, made to him, of property answering the description contained in such information, shall, unless-
(i) he forthwith gives information to the Commissioner,
Whoever, having received such information as is referred
to in section 126, alters, melts, defaces or puts away or causes or suffers to be altered, melted, defaced
or put away without the previous permission of the Police any such property, shall, on proof that the
same was stolen property within the meaning of section 410 of the Indian Penal Code (XLV of 1860),
or property in respect of which any offence punishable under sections 417, 418, 419 or 420 of the said
Code has been committed, be punished with imprisonment for a term which may extend to three years,
or with fine, or with both.
Whoever takes from any child not appearing to be above the
age of fourteen years any article whatsoever as a pawn, pledge or security for any sum of money lent,
advanced or delivered to such child, or without the knowledge and consent of the owner of the article
buys from such child any article whatsoever, shall, on conviction, be punished with fine which may
extend to 1[two thousands rupees].
Whoever, being
the keeper of any place of public amusement or entertainment, knowingly permits drunkenness or other
disorderly behaviour or any gaming whatsoever, in such place, shall, on conviction, be punished with a
fine which may extent to 1[two thousand five hundred rupees].
Whoever, by any fraud or unlawful device or malpractice in playing
at or with cards, dice or other game, or in taking a part in the stakes or wages, or in betting on the sides
or hands of the players, or in wagering on the event of any game, sport, pastime, or exercise, wins from
any other person, for himself or any other or others, any sum of money or valuable thing, shall be deemed
guilty of cheating within the meaning of section 415 of the Indian Penal Code (XLV of 1860), and be
liable to punishment accordingly.
1[130A. Gambling in street.- Whoever assembles with others or joins any assembly in a street
assembled for the purpose of gaming or wagering shall, on conviction, be punished with fine which may
extend to 2[five hundred rupees] or may be released after a due admonition.]
1[ 2[ Save as provided in section 131A, whoever]-
(a) contravenes any rule or order made under section 33 or any of the conditions of a licence issued under such rule or order, or
(b) abets the commission of any offence under clause (a) shall, on conviction, be punished]-
(i) if the rule or order under which the said licence was issued was made under clause (b), (g), (h), (i), sub-clauses (i) and (ii) of clause (r) or clause (u) of sub-section (1) of section 33, with imprisonment for a term which may extend
1[131-AA. Liability of licensee of place of public entertainment for acts of servants.- The holder of a licence, granted under this Act, in respect of a place of public entertainment 2[or a place in which a dancing school is conducted] shall be responsible, as well as the actual offender, for any offence under section 131 committed by his servant or other agent acting with his express or implied permission on his behalf, as if he himself had committed the same unless he establishes that all due and reasonable precautions were taken by him to prevent the commission of such offence.]
1[131-A. 2[Penalty for not obtaining licence in respect of place of public entertainment or certificate or registration in respect of eating house or for not renewing such licence or certificate within prescribed period.].- (1) Whoever fails to obtain a licence under this Act in respect of place of public entertainment 3[or a place in which a dancing school is conducted] 4[or a certificate of registration thereunder in respect of any eating house, or to renew the licence or the certificate, as the case may be,] within the prescribed period shall, on conviction, be punished with a fine which may extend to 5[two thousands rupees].
(2) Any Court trying any such offence shall in addition direct that the person keeping the place of public entertainment, 6[or the eating house] 7[or conducting a danc
Whoever contravenes, disobeys, opposes, or fails to conform to an order under section 31 requiring him to vacate any premises, shall, on conviction, be punished with imprisonment which may extend to three months, or with fine which may extend to 1[five thousand rupees] or with both.
Whoever contravenes any rule made under section 35 shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to 1[five thousand rupees] or with both.
Whoever contravenes,
disobeys, opposes or fails to conform to any order given by a Police officer under section 36 shall, on
conviction, be punished with fine which may extend to 1[five thousand rupees].
Whoever
disobeys an order lawfully made under section 37, 39 or 40 or abets the disobedience thereof shall, on
conviction, be punished-
(i) if the order disobeyed or of which the disobedience was abetted was made under
sub-section (1) of section 37 or under section 39, or section 40, with imprisonment for a term which
may extend to one year but shall not except for reasons to be recorded in writing, be less than four
months and shall also be liable to fine, and
(ii) if the said order was made under sub-section (2) of section 37, with imprisonment for a
term which may extend to one month or with fine which may extend to 1[twenty thousand five
hundred rupees], and
Whoever contravenes any rule made under section 35 shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to 1[five thousand rupees] or with both.
Whoever opposes, or fails
to conform to any direction given by the Police under section 41 shall, on conviction, be punished with
fine which may extend to 1[five hundred rupees].
[Penalty for failure to comply with order under section 42] Deleted by Mah. 28 of 1964, s. 9.
Whoever contravenes or abets the contravention of any regulation made under section 43 shall, on conviction, be punished with imprisonment which may extend to three months or with fine which may extend to 1[two thousand five hundred rupees] or, with both.
Whoever opposes or fails to conform to any direction given by the Police under section 68 or abets the opposition or failure to do so shall, on conviction, be punished with fine which may extend to 1[five hundred rupees].
141. Penalty for contravention of directions under section 55, 56, 1[57, 57A or 63AA].- Whoever opposes or disobeys or fails to conform to any direction issued under section 55, 56 2[57, 57A or 63AA] or abets opposition to or disobedience of any such direction shall, on conviction, be punished with imprisonment which may extend to one year but shall not, except for reasons to be recorded in writing, be less than four months, and shall also be liable to fine.
1[142. Penalty for entering without permission area from which a person is directed to remove himself or overstaying when permitted to return temporarily, 2[or for failure to report place or residence or departure or arrival.].- Without prejudice to the power to arrest and remove a person in the circumstances and in the manner provided in section 62, any person who-
(a) in contravention of a direction issued to him under sections 55, 56, 3[57, 57A or 63AA] enters or returns without permission to the area, or any district or districts or part thereof 4[or to any specified area or areas,] from which he was directed to remove himself ;
(b) enters or returns to any such area or district afo
Whoever fails without sufficient cause to surrender in accordance with sub-section (3) of section 63 shall, on conviction, be punished with imprisonment which may extend to two years and shall, also be liable to fine.
1[143A. Penalty for contravention of order under section 63A.- (1) Whoever contravenes any order made under sub-section (1) of section 63A shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine or with both.
(2) Whoever contravenes any order made under sub-section (2) of section 63A shall, on conviction, be punished with imprisonment for a term which may extend to three years or with fine or with both.]
1[143B. Dangerous performances.- (1) No person shall without the previous permission of the Commissioner or the District Magistrate, as the case may be, and except in accordance with any conditions subject to which such permission is granted hold or give in any place which is likely to cause an assembly of person, any performance in which or during which he buries himself underground, or seals himself in receptacle or other thing, in such manner as to prevent all access of air to him and for such time as would ordinarily result in death by suffocation.
(2) If any person contravenes or attempts to contravene the provisions of this section, he shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine, or with both.
(3) Notwithstanding anything co
Any person who having been appointed a Special Police officer under section 21 shall, without sufficient cause, neglect or refuse to serve as such or to obey any lawful order or direction that may be given to him for the performance of his duties, shall, on conviction, be punished with fine which may extend to 1[two thousand rupees].
(1) Any person who makes a false statement or uses a false document for the purpose of obtaining employment or release from employment as a Police officer, or br
(2) any Police officer who (a) is guilty of cowardice, or (b) resigns his office or withdraws himself from duties thereof in contravention of section 29, or (c) is guilty of any wilful breach or neglect of any provision of law or of any rule or order which as such Police officer, it is his duty to observe or obey, or (d) is guilty of any violation of duty for which no punishment is expressly provided by any other law in force, on conviction, be punished with imprisonment for a term shall, which may extend to three months, or with fine which may extend to one hundred rupees, or with both. br
(3) Consequence of failure to return
Any Police officer, who wilfully neglects or refuses to deliver up his certificate of appointment or of office or any other article, in accordance with the provision of sub-section (1) of section 30, shall on conviction, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.
Any Police officer who-
(a) without lawful authority or reasonable cause enters or searches, or causes to be entered or searched, any building, vessel, tent or place ;
(b) vexatiously and unnecessarily seizes the property of any person ;
(c) vexatiously and unnecessarily detains, searches or arrests any person ;
(d) offers any unnecessary personal violence to any person in his custody ; or
(e) holds out any threat or promise no
Any Police officer who vexatiously and unnecessarily delays forwarding any person arrested to a Magistrate or to any other authority to whom he is legally bound to forward such person, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both.
Whoever opposes or fails forthwith to comply with any reasonable direction given by a Magistrate or a Police officer under section 70 or abets opposition thereto or failure to comply therewith, shall, on conviction, be punished with imprisonment for a term which may extend to one year but shall not except for reasons to be recorded in writing be less than four months and shall also be liable to fine.
1[149A. Penalty for unauthorised use of Police uniform.- If any person not being a member of
the Police Force, wears, without the permission of an officer authorised by the State Government in this
behalf by a general or special order for any area 2[in the 3[State of Maharashtra]] the uniform of the
Police Force or any dress having the appearance or bearing any of the distinctive marks of that uniform,
he shall, on conviction, be punished with fine which may extend to 4[two thousand rupees].]
Offences against this Act, when the accused person or any one of the accused persons is a Police officer above the rank of a constable, shall not be cognizable except by a Presidency Magistrate or a Magistrate not lower than a Second Class Magistrate.
It will not, except in obedience to a rule or order made by the State Government or by the competent authority, be incumbent on the Police to prosecute for an offence punishable under section 117, 119, 131, 134, 137, 139, 140 or 144 when such offence has not occasioned serious mischief and has been promptly desisted from on warning given.
1[151A. Summary disposal of certain cases.- (1) 2[A Court] taking cognizance of an offence punishable under section 117, or under 3[sub-clauses] (iii), (iv) or (v) of section 131, may State upon the summons to be served on the accused person that he may, by a specified date prior to the hearing of the charge plead guilty to the charge by registered letter and remit to the Court such sum, not exceeding 4[two thousand rupees], as the Court may specify.
(2) Where an accused persons pleads guilty and remits the sum specified, no further proceedings in respect of the offence shall be taken against him.]
Nothing in this Act shall
be constructed to prevent any person form being prosecuted and punished under any other enactment for
any offence made punishable by this Act or from being prosecuted and punished under this Act for an
offence punishable under any other enactment :
Provided that, all such cases shall be subject to the provisions of section 403 of the 1Code of
Criminal Procedure, 1898 (V of 1898).
All fees paid for licences or written permissions issued
under this Act, and all sums paid for the service of processes by Police officers, and all rewards,
forfeitures and penalties or shares thereof which are by law payable to Police officers as informers, shall,
save in so far as any such fees or sums belong under the provisions of any enactment in force to any local
authority, be credited to the State Government :
Provided that, with the sanction of the State Government, or under any rule made by the State
Government in that behalf, the whole or any portion of any such reward, forfeiture or penalty may, for
special services, be paid to a Police officer, or be divided amongst two or more Police officers.
No Municipal or other local rates shall be payable by the State Government on account of the occupation
or use of any house or place 1[by members of the Police Force for the convenient performance of their
duties, in any area of the 2[Bombay area of the State of Maharashtra excluding] 3[Brihan Mumbai], and
also in such of the remaining areas of the 4[State of Maharashtra] as may be notified by the State
Government in the Official Gazette].
Any order of notification published or
issued by the State Government or by a Magistrate or officer under any provision of this Act, and the
due publication or issue thereof, may be proved by the production of a copy thereof in the Official
Gazette, or of a copy thereof signed by such Magistrate or officer, and by him certified to be a true copy
of an original published or issued according to the provisions of the section of this Act applicable thereto.
No
rule, order, direction, adjudication, inquiry or notification made or published, and no act done under any
provision of this Act or of any rule made under this Act, or in substantial conformity to the same, shall
be deemed illegal, void, invalid or insufficient by reason of any defect of form or any irregularity of
procedure.
157. Presumption in prosecutions for contravention of directions issued under section 55, 56, 1[57, 57A or 63AA].- Notwithstanding anything contained in any law for the time being in force, in a prosecution or an offence for the contravention of a direction issued under section 55, 56, 2[57, 57A or 63AA] on the production of an authentic copy of the order, it shall, until the contrary is proved and the burden of proving which shall lie on the accused, be presumed-
(a) that the order was made by the authority competent under this Act to make it ;
(b) that the authority making the order was satisfied that the grounds on or the purpose for which it was made existed, and that it was necessary to make the same ; and
1[157A. Officers holding charge of or succeeding to vacancies competent to exercise power.- Whenever in consequence of the office of a Commissioner, Magistrate or Police officer becoming vacant, any officer holds charge of the post of such Commissioner, Magistrate or Police officer or succeeds, either temporarily or permanently, to his office, such officer shall be competent to exercise all the powers and perform all the duties respectively conferred and imposed by this Act on such Commissioner, Magistrate or Police officer, as the case may be.]
If any person permitted under sub-section (1) of section 63 fails to observe any condition imposed under the said sub-section or in the bond entered into by him under sub-section (2) of the said section his bond shall be forfeited and any person bound thereby shall pay the penalty thereof or show cause to the satisfaction of the Court why such penalty should not be paid.
1[No Revenue Commissioner, Magistrate] or Police officer shall be liable to any penalty or to payment of damages on account of an act done in good faith, in pursuance or intended pursuance of any duty imposed or any authority conferred on him by any provision of this Act or any other law for the time being in force or any rule, order or direction made or given therein.
No public servant or person duly appointed or authorised shall be liable to any penalty or to payment of any damages for giving effect in good faith to any such order or direction issued with apparent authority by the State Government or by a person empowered in that behalf under this Act or any rule, order or direction made or given thereunder.
161. Suits or prosecutions in respect of acts done under colour of duty as aforesaid not to be entertained, or to be dismissed, if not instituted 1[within the prescribed period].- (1) In any case of alleged offence by 2[the Revenue Commissioner, the Commissioner], a Magistrate, Police officer or other person, or of a wrong alleged to have been done by 3[such Revenue Commissioner, Commissioner], Magistrate, Police officer or other person, by any act done under colour or in excess of any such duty or authority as aforesaid, or wherein it shall appear to the Court that the offence or wrong if committed or done was of the character aforesaid, the prosecution or suit shall not be entertained, or shall be dismissed, if instituted, more than six months after the date of the act complained of :
4[Provided that, any such prosecution against
(1) Any licence or written permission granted under the provisions of this Act shall specify the period and locality for which, and the conditions and restrictions subject to which, the same is granted, and shall be given under the signature of the competent authority and such fee shall be charged therefor as is prescribed by any rule under this Act in that behalf.
(2) Revocation of licences, etc.- Any licence or written permission granted under this Act may at any time be suspended or revoked by the competent authority, if any of its conditions or restrictions is infringed or evaded by the person to whom it has been granted, or if such person is convicted of any offence in any matter to which such licence or permission relates.
(3) When licence revoked, etc., grantee to be deemed without licence.-<
Any public notice required to be given under any of the provisions of this Act shall be in writing under the signature of a competent authority and shall be published in the locality to be affected thereby, by affixing copies thereof in conspicuous public place, or by proclaiming the same with beat of drums, or by advertising the same in such local newspaper,-English or regional language or Hindi,-as the said authority may deem fit, or by any two or more of these means and by any other means it may think suitable.
Whenever under this Act, the doing or the omitting to do anything or the validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of a competent authority, a written document signed by a competent authority purporting to convey or set forth such consent, approval, declaration, opinion or satisfaction shall be sufficient evidence thereof.
Every licence, written permission, notice or other document, not being a summons or warrant or search warrant, required by this Act, or by any rule thereunder, to bear the signature of the Commissioner shall be deemed to be properly signed if it bears a facsimile of his signature stamped thereon.
(1) In the case of any rule or order made by the State Government under an authority conferred by this Act and requiring the public or a particular class of persons to perform some duty or act, or to conduct or order themselves or those under their control in a manner therein described, it shall be competent to any person interested to apply to the State Government by a memorial given to a Secretary to the State Government to annul, reverse or alter the rule or order aforesaid on the ground of its being unlawful, oppressive or unreasonable.
(2) When a suit shall lie to the District Court to declare a rule or order unlawful.- After such an application as aforesaid and the rejection thereof wholly or in part or after the lapse of four months without an answer to such application or a decision thereon published by the State Government, it shall be competent to the person
(1) The enactments 1[specified in Part I of Schedule] are hereby repealed :
Provided that-
(i) All rules prescribed, appointments made, powers conferred, orders made or passed, directions and certificates issued, consent, permit, permission or licences given, summons or warrants issued or served, persons arrested or detained or discharged on bail or bond, search warrants issued, bond forfeited, penalty incurred under any such enactment shall, so far as they are consistent with this Act, be deemed to have been respectively prescribed, made, conferred, given, passed, served, arrested, detained, discharged, forfeited and incurred thereunder.
(ii) All references m
168. 1[Saving of laws relating to Village Police and Reserve Police].- Nothing in this Act shall affect the provisions of the Bombay Village Police Act, 1867 (Bom. VIII of 1867) 2[that Act as in force in the Kutch area of the State of Bombay or of the Saurashtra Village Police Ordinance, 1949 (Sau. Ord. XXXII of 1949), or any law corresponding thereto in force in any part of the State] or any enactment which may be made, and in regard to the Reserve Police.
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