The Maharashtra Police Act
The Maharashtra Police Act
The Maharashtra Police Act establishes and regulates a single, unified police force for the entire state of Maharashtra. It applies directly to all police officers, from the highest commissioner down to local constables on the street, outlining recruitment, service conditions, transfers, and general duties. In addition, the act regulates public spaces like eating houses, dancing schools, and entertainment venues. This legislation matters because it provides the legal and administrative framework necessary to effectively maintain public order, manage communications, and limit abuse of power, ensuring systematic governance, effective security, and overall safety for all citizens who reside within the entire state.
- 1. Short title, extent and commencement.
- 2. Definitions.
- 3. One Police force for the whole of the State of Maharashtra.
- 4. Superintendence of Police Force to vest in the State Government.
- 5. Constitution of Police Force.
- 6. Director-General and Inspector-General, Additional and Deputy Inspector General.
- 7. Commissioner.
- 8. Appointment of Superintendent and Additional, Assistant and Deputy Superintendent.
- 8A. Appointment of Director of Police Wireless and of Superintendent, Assistant and Deputy Superintendents for Wireless System, Motor Transport System of any specific duty.
- 9. Appointment of Principals of Police Training Institutions.
- 10. Deputies to Commissioner.
- 11. Assistant Commissioners within jurisdiction of Commissioners.
- 12. Constitution of divisions and sections.
- 12A. Officers in charge of divisions and sections Inspectors.
- 13. Deleted.
- 14. Certificate of appointment.
- 15. Effect of suspension of Police Officer.
- 16. General powers of Commissioner and Superintendent.
- 17. Control of District Magistrate over Police Force in district.
- 18. Power of District Magistrate to require reports from Superintendent.
- 19. Power of supervision by District Magistrate.
- 20. Power of Director-General and Inspector-General and Commissioner to investigate and regulate matters of Police accounts.
- 21. Special Police Officers.
- 22. Appointment of Additional Police.
- 22A. Appointment of Railway Police.
- 22B. State Security Commission.
- 22C. Police Establishment Board No. 1.
- 22D. Functions of Police Establishment Board No. 1.
- 22E. Police Establishment Board No. 2.
- 22F. Functions of Police Establishment Board No. 2.
- 22G. Police Establishment Boards at Range Level.
- 22H. Functions of Police Establishment Board at Range Level.
- 22I. Police Establishment Board at Commissionerate Level.
- 22J. Functions of Police Establishment Board at Commissionerate Level.
- 22J-1. Police Establishment Board at District Level.
- 22J-2. Functions of Police Establishment Board at District Level.
- 22J-3. Police Establishment Board at Levels of Specialized Agencies.
- 22J-4. Functions of Police Establishment Board at Levels of Specialized Agencies.
- 22K. Police Establishment Boards to comply rules and regulation.
- 22L. Erstwhile Police Establishment Boards cease to exist.
- 22M. Power of State Government not to be affected.
- 22N. Normal tenure of Police Personnel, and Competent Authority.
- 22N-1. Maximum percentage of transfer in a year.
- 22O. Separation of Investigation Police from law and Order Police.
- 22P. State Police Complaints Authority.
- 22Q. Powers and functions of State Police Complaints Authority.
- 22R. Report to be submitted to State Government.
- 22S. Division Level Police Complaints Authority.
- 22T. Prosecution for false complaint against Police Officer.
- 23. Framing of rules for administration of the Police.
- 24. Director-General and Inspector-General or Commissioner, may call for returns.
- 25. Punishment of the members of the subordinate ranks of the Police Force departmentally for neglect of duty, etc.,
- 26. Procedure to be observed in awarding punishment.
- 27. Appeals from orders of punishment.
- 27A. Power of State Government or Director General and Inspector General to call for record of any Inquiry or proceeding.
- 27B. Power of State Government or Director General and Inspector General to review order passed under sections 25, 27 or 27A.
- 27C. Power to make rules.
- 28. Police officers to be deemed to be always on duty and to be liable to employment in any part of the State.
- 29. Under what conditions Police officer may resign.
- 30. Certificate, arms, etc., to be delivered up by person ceasing to be a Police officer and if not delivered up may be seized under a search warrant.
- 31. Occupation of and liability to vacate premises provided Police officers.
- 32. State Government may make order under section 144 of Act V of 1898.
- 33. Power to make rules for regulation of traffic and for preservation of order in public place, etc.
- 33A. Prohibition of performance of dance in eating house, permit room or beer bar and other consequential provisions.
- 33B. Deleted.
- 34. Competent authority may authorise erection of barriers on streets.
- 35. Power to make rules prohibiting disposal of the dead except at places set apart.
- 36. Power of Commissioner or the Superintendent and of other officers to give direction to the public.
- 37. Power to prohibit certain acts for prevention of disorder.
- 38. Power to prohibit, etc., continuance of music, sound of noise.
- 39. Issue of orders for prevention of riot, etc.
- 40. Issue of orders for maintenance of order at religious ceremonials, etc.
- 41. Police to provide against disorder, etc., at places of amusement and public meetings.
- 42. Deleted.
- 43. District Magistrate may take special measures to prevent outbreak of epidemic disease at fair, etc.
- 44. Destruction of stray dogs.
- 45. Destruction of suffering or unfit animals.
- 46. Power under this Chapter to be exercised by Superintendent subject to the control of District Magistrate and
- 47. Employment of additional Police on application of a person.
- 48. Employment of additional Police at large works and when apprehension regarding behaviour of employees exists.
- 49. Recovery of cost of additional Police employed under sections 47 and 48.
- 50. Employment of additional Police in cases of special danger to public peace.
- 51. Compensation for injury caused by unlawful assembly, how recoverable, date to be fixed for liability.
- 52. District Magistrate to award or apportion compensation.
- 53. District Magistrate to discharge function under orders of State Government.
- 54. Proportionate recovery of the cost of additional Police and compensation for loss caused by unlawful assembly.
- 55. Dispersal of gangs and bodies of persons.
- 56. Removal of persons about to commit offence.
- 57. Removal of persons convicted of certain offences.
- 57A. Removal of certain persons declared to be beggars.
- 58. Period of operation of orders under sections 55, 56, 57 and 57 A.
- 59. Hearing to be given before order under sections 55, 56, 57 or 57A is passed.
- 60. Appeal.
- 61. Finality of orders passed by State Government in certain cases.
- 62. Procedure of failure of person to leave the area and his entry therein after removal.
- 63. Temporary permission to enter or return to the area from which a person was directed to remove himself.
- 63A. Control of camps, parades, etc., and banning use of uniforms, etc.
- 63AA. Powers of externment of State Government and officers specially empowered.
- 63B. Constitution of village defence parties.
- 64. Duties of a Police officer.
- 65. Power to enter places of public resort.
- 66. Duties of Police officers towards the public.
- 67. Police to regulate traffic, etc., in streets.
- 68. Persons bound to conform to reasonable orders of Police.
- 69. Power of Police officer to restrain, remove, etc.
- 70. Enforcement of orders issued under section 37, 38, or 39.
- 71. Duty of Police to see orders issued under section 43, 55, 56, 57, 57A or 63AA are carried out.
- 72. When Police officer may arrest without warrant.
- 73. When police may arrest without a warrant.
- 73A. Deleted.
- 74. Powers with regard to offences under Act LIX of 1960.
- 75. Power of Magistrate to return animal to person from whose possession it was taken.
- 76. Veterinary officer to examine the animal.
- 77. Animal to be dealt with under Act LIX of 1960.
- 78. Power of Police officer to unsaddle the animal or unload.
- 79. Power of Police to arrest without warrant when certain offences committed in his presence.
- 80. Other powers of arrest.
- 81. Refusal to obey warning or to accompany Police.
- 82. Police to take charge of unclaimed property.
- 83. Intestate property over four hundred rupees in value.
- 84. Intestate property over four hundred rupees in value.
- 85. Procedure in other cases.
- 86. Delivery of property to person entitled.
- 87. In default of claim, property to be at disposal of State Government.
- 88. Procedure not affected by Indian Succession Act or Administrator-General’s Act or Regulation VIII of 1827 or corresponding law.
- 89. Police officer may take charge of stray cattle.
- 90. Power to establish cattle-pounds and appoint pound-keepers.
- 90A. Penalty for allowing cattle to stray in street or to trespass upon private or public property.
- 91. Impounding of cattle.
- 92. Delivery of cattle claimed.
- 93. Sale of cattle not claimed.
- 94. Rate to be fixed by notification.
- 95. Powers as to inspection, search and seizure of false weights and measures.
- 96. Procedure to be followed by officers and Magistrates in certain cases.
- 97. A Superior Police officer may himself perform duties imposed on his inferior, etc.
- 98. Emergency duties of Police.
- 99. Disregarding the rule of the road.
- 100. Causing obstruction or mischief by animal.
- 101. Exposing animal for hire or sale, etc.
- 102. Causing any obstruction in a street.
- 103. Obstructing a footway.
- 104. Exhibiting mimetic, musical or other performances, etc.
- 105. Doing offensive acts on or near street or public place.
- 106. Letting loose horse, etc., and suffering ferocious dogs to be at large.
- 107. Bathing or washing in places not set apart for those purposes.
- 108. Defiling water in public wells, etc.
- 109. Obstructing bathers.
- 110. Behaving indecently in public.
- 111. Obstructing or annoying passengers in the street.
- 112. Misbehaviour with intent to provoke a breach of the peace.
- 113. Prohibition against flying kite.
- 114. Repealed.
- 115. Committing nuisance in or near street, etc.
- 116. Disregard of notice in public building.
- 117. Penalties for offenders under sections 99 to 116.
- 118. Penalty for failure to keep in confinement cattle, etc.
- 119. Punishment for cruelty to animals.
- 120. Wilful trespass.
- 121. False alarm of fire for damage to fire-alarm.
- 122. Being found under suspicious circumstances between sunset and sunrise.
- 123. Carry weapon without authority.
- 124. Possession of property of which no satisfactory account can be given.
- 125. Taking spirits into public hospitals, or into barracks or on boards of vessels of war.
- 126. Omission by pawn-brokers, etc., to report to Police possession or tender of property suspected to be stolen.
- 127. Melting, etc., of such property.
- 128. Taking pledge from child.
- 129. Permission of disorderly conduct at places of public amusement, etc.
- 130. Cheating at games.
- 130A. Gambling in street.
- 131. Penalty for contravening rules, etc., under section 33.
- 131-A. Penalty for not obtaining licence in respect of place of public entertainment, or certificate or registration in
- 131-AA. Liability of licensee of place of public entertainment for acts of servants.
- 132. Penalty for disobedience to order under section 31.
- 133. Penalty for contravening rules, etc., under section 35.
- 134. Penalty for contravention of rules, etc., under section 36.
- 135. Penalty for contravention of rules, or directions under section 37, 39 or 40.
- 136. Penalty for contravening rules, etc., made under section 38.
- 137. Penalty for contravening rules, etc., made under section 41.
- 138. Deleted.
- 139. Penalty for contravention of a regulation made under section 43.
- 140. Penalty for contravening directions under section 68.
- 141. Penalty for contravention of directions under section 55, 56, 57, 57A or 63AA.
- 142. Penalty for entering without permission area from which a person is directed to remove himself or outstaying when
- 143. Penalty for failure to surrender in accordance with sub-section (3) of section 63.
- 143A. Penalty for contravention of order under section 63A.
- 143B. Dangerous performances.
- 144. Neglect or refusal to serve as Special Police Officer.
- 145. Penalty for making false statement, etc., and for misconduct of Police Officers.
- 146. Penalty for failure to deliver up certificate of appointment or of office or other article.
- 147. Vexatious entry, search, arrest, etc., by Police Officer.
- 148. Penalty for vexatious delay in forwarding a person arrested.
- 149. Penalty for opposing or not complying with direction given under section 70.
- 149A. Penalty for unauthorised use of Police uniform.
- 150. Jurisdiction when offender is a Police Officer above the rank of constable.
- 151. Prosecution for certain offences against the Act to be in the discretion of the Police.
- 151A. Summary disposal of certain cases.
- 152. Prosecution for offences under other enactments not affected.
- 153. Disposal of fees, rewards, etc.
- 154. No Municipal or other rates to be payable by State Government on Police building.
- 155. Method of proving orders and notifications.
- 156. Rules and orders not invalidated by defect of form or irregularity in procedure.
- 157. Presumption in prosecutions for contravention of directions issued under section 55, 56, 57, 57A or 63AA.
- 157A. Officers holding charge of, or succeeding to vacancies competent to exercise power.
- 158. Forfeiture of bond entered into by person permitted to enter or return to the area from which he was directed to remove himself.
- 159. No Magistrate or Police officers to be liable to penalty or damage for act done in good faith in pursuance of duty.
- 160. No public servant liable as aforesaid for giving effect in good faith to any rule, order or direction issued with apparent authority.
- 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 within the prescribed period.
- 162. Licences and written permission to specify conditions, etc., and to be signed.
- 163. Public notices how to be given.
- 164. Consent, etc., of a competent authority may be proved by writing under his signature.
- 165. Signature on notices, etc., may be stamped.
- 166. Persons interested may apply to State Government to annual, reverse or alter any rule or order.
- 167. Repeal and saving.
- 168. Saving of laws relating to Village Police and Reserve Police.
PDF: pending for this language.