Chapter VIII Chapter VIII

All fees paid for licences or written permission 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 by members of the Police Force for the convenient performance of their duties in any area of the Bombay area of the State of Maharashtra excluding Greater Bombay and also in such of the remaining areas of the State of Maharashtra as may be notified by the State Government in the official Gazette.

Any order or 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 the 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, shal1 be deemed illegal, void, invalid or insufficient by reason of any defect of form or any irregularity of procedure.

Notwithstanding anything contained in any law for the time being in force, in a prosecution for an, offence for the contravention of a direction issued under Sec. 45, 56, 57 or 63-AA 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 (c) that the order was otherwise valid and in conformity with the provisions of this Act.

If any person permitted under sub-section (1) of Sec. 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.

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 or 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.

(1) In any case of alleged offence by the Revenue Commissioner a Magistrate, Police officer or other person, or of a wrong alleged to have been done by such Revenue 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 suit shal1 not be entertained, or shall be dismissed, if instituted, more than six months after the date of the act complained of: Provided that, any such prosecution against Police officer may be entertained by the court, if instituted with the previous sanction of the State Government within two years from the date of the offence. (2) In suits as aforesaid one month's notice of suit to be given with sufficient description of wrong complained of. In this case of an intended suit on account of such a wrong as aforesaid, the person intending to sue shall be bound to give to the alleged wrong doer one month's notice at least of the intended suit with sufficient description of the wrong complained of, failing which such suit shall be dismissed. (3) Plaint to set forth service of notice and tender of amend. The plaint shall set forth that a notice as aforesaid bas been served on the defendant and the date of such service, and shall state whether any, and if any, what tender of amends has been made by the defendant. A copy of the said notice shall be annexed to the plaint endorsed or accompanied with a declaration by the plaintiff of the time and manner of service thereof.

(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 than 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 it 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. When any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the person to whom the same was granted shall for all purposes of this Act, be deemed to be without a licence or written permission. until the order for suspending or revoking the same is cancelled, or until the same is renewed, as the case may be. (4) Grantee to produce licence, etc., when required. Every person to whom any such licence or written permission has been granted, shall, while the same remains in force, at all reasonable time, produce the same, if so required by a Police officer. Explanation. For the purpose of this section any such infringement or evasion by, or conviction of, a servant or other agent acting on behalf of the person to whom the licence or written permission has been granted shall be deemed to be infringement or evasion by, or as the case may be, conviction of the person to whom such licence or written permission has been granted.

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 places, or by proclaiming the same with beat of drums, or by advertising the same in such local newspapers-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 conveyor 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 interested and deeming the rule or order contrary to law to institute a suit against the State for a declaration that the rule or order is unlawful either wholly or in part. The decision in such suit shall be subject to appeal ; and a rule or order finally adjudged to be unlawful shall by the State Government be annulled or reversed or so altered as to make it conformable to law.

(1) The enactments specified in Part I of Schedule I 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 made in any Bombay Act to any of the Acts hereby repealed shall be read as if made to the corresponding provision of this Act. (2) Nothing in sub-section (1) shall be deemed to affect- (a) the validity, invalidity, effect or consequence of any thing done or suffered to be done in an area before the date on which the provisions of this Act come into force in such area; (b) any right, privilege, obligation or liability already acquired, accrued or incurred before such date; (c) any penalty, forfeiture or punishment incurred or inflicted in respect of any act before such date; (d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penalty, forfeiture or punishment; (e) any legal proceeding pending in any Court or before any officer on the aforesaid date or anything done or suffered to be done in the course of such proceedings; and any such proceeding or any appeal or revisional proceedings arising out of such proceeding shall be instituted, continued, or disposed of, as the case may be, as if this Act had not come into force. (2-A) On the commencement of this Act in that part of the State to which it is extended by the Bombay Police (Extension and Amendment) Act, 1959 (Bom. (XXXIV of 1959), the laws specified in Part II of Schedule I and in Schedule IV, as in force in that part of the State, shall stand repealed: Provided that such repeal shall not affect- (a) the previous operation, of any law so repealed, or anything duly done or suffered thereunder; or (b) the right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or, (c) any penalty incurred in respect of anything done against any law so repealed; and any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation. liability or penalty as aforesaid may be instituted, continued or enforced, and any such penalty may be imposed, as if this Act bad not come into force in the relevant part of the State: Provided further, that subject to the preceding proviso, anything done or any action taken (including any rule prescribed, appointment made, power conferred, order made or passed, direction or certificate issued, consent permit, permission or licence given, summons or warrant issued or served, person arrested or detained or discharged on bait or bond, search warrant issued or bond forfeited) under any such repealed law shall, in so far as it is not inconsistent with this Act, be deemed to have been done or taken under the corresponding provision of this Act, as if the said provisions were in force in the relevant part of the State when such thing was done or such action was taken, and shall continue in force accordingly, unless and until superseded by anything done or any action taken under this Act

Nothing in this Act shall affect the provisions of the Bombay Village Police Act, 1867 (Bom. VIII of 1867), 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 in regard to the reserve Police.