section 18
Minor punishments.
The Maharashtra State Reserve Police Force ActCriminal195123 sections
Statutory text
- (1) A Commandant, or subject to the control of the Commandant an Assistant Commandant, or subject to the same control, an officer not below the rank of Jamadar in independent command of a detachment or an outpost or in temporary command of a Group Headquarters during the absence of the Commandant or Assistant Commandant may award to any reserve police officer not higher in rank than a 1[Havildar Major] or to any follower subject to his authority, any of the following punishments for the commission of any offence against discipline which is not otherwise provided for in this Act, or which, in the opinion of the Commandant, Assistant Commandant or Officer, as the case may be, is not of sufficiently serious nature to call for prosecution before a criminal Court, that is to say-
- (a) punishment drill, extra guard, fatigue or any other duty for a term which may extend, when the order is passed by the Commandant, to fourteen days, and, when the order is passed by any other officer, to seven days;
- (b) forfeiture of pay and allowances or such proportion of pay and allowances as he considers necessary for a period which may extend, when the order is passed by the Commandant, to one month and, when the order is passed by any other officer, to ten days;
- (c) fine to an amount not exceeding one month's pay : Provided that-
- (i) no power under this sub-section shall be exercised by a Commandant or Assistant Commandant or other officer not below the rank of Jamadar unless the person to be awarded any of these punishments is under the command of such officer at the time when the breach of discipline or misconduct occurred and also when the power is exercised ; and
- (ii) when more than one officer are competent under proviso (i) to exercise the power, the most senior of such officers shall exercise the power.
- (2) Any of the punishments specified in sub-section (1) may be awarded separately or with any one or more of the others : Provided that fine shall not be awarded in combination with forfeiture of pay or allowances.
- (3) No appeal shall lie from any order of punishment passed under this section except from an order of punishment of fine as provided in sub-section (4).
- (4) An appeal against any order awarding punishment of fine shall lie to the State Government or to such officer as the State Government may by general or special order specify in this behalf.
- (5) When a Commandant or an Assistant Commandant or other officer passes an order under sub-section (1), he shall enter in a book to be kept for the purpose a brief description of the default, together with the names of witnesses, explanation of the defaulter and the order of punishment and shall sign and date each such order.
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