Chapter V Chapter V

(l) The Commissioner or District 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 (1) Any person may make an application to the State Government or any competent authority to employ additional Police for the performance of such duties as may be requested, such as the protection of any particular property or to assist in the prevention 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 made, for the withdrawal of the said Police, he shall be relieved for the cost thereof at the expiration of such period not exceeding one month from the date of the delivery of such requisition, as the State Government or the appointing authority, as the case may be, shall determine.

(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 such necessity shall appear to it to continue. (2) Such additional Police shall be employed at the cost of the person by whom the work, amusement, manufactory or concern is being constructed, conducted or carried on and the said person shall pay the costs therefore at such rates as the Stale Government or the competent authority, as the case may be, shall from time to time require.

In case of any dispute under Sec. 47 or 48 the decision of Chief Presidency Magistrate in Greater Bombay 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 therefore.

(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 emp1oy 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 Cl. (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 the public. The cost of the additional Police shall be a tax imposed under this section and shall be recovered in the manner prescribed in the succeeding sub-sections. (2) The decision of the State Government under Cls. (0) and (b) of sub. section (1) shall be final. (3) On the issue of such notification. the State Government may require,- (a) in any disturbance area which is within the limits of a Corporation, the Municipal Commissioner, the Collector or any other authority ; (b) in any disturbance area which is within the limits of a municipality, the municipality, the Collector or any other authority; (c) in any disturbance area which is outside the areas specified in Cls. (a) and (b), the Collector or any other authority, to recover, whether in whole or in part, the cost of such additional Police geneta!1y from all persons who are inhabitants of the disturbance area of specially from any particular section or sections, or class or classes to such persons, and in such proportion as the State Government may direct: Provided that where the Municipal Commissioner or the Municipality is directed to recover such cost, an additional sum not exceeding 3 per cent of the amount of such cost shall also be recoverable. (4) (i) The State Government may require the Municipal Commissioner or the Municipality to recover such cost and the additional sum by an addition to the general or property tax which shall be imposed and levied in all or such of the municipal wards, sub-wards or sections thereof, as the State Government may direct. Every addition to the general or property tax imposed under this sub-section shall be recovered by the Municipal Commissioner or the Municipality from each person liable therefore in the same manner as the general or property tax due from him. The provisions of the relevant Municipal Act shall apply to any such addition as if it were part of the general or property tax levied under the said act. Such addition shall be a charge along with the general or property tax, on the properties, in such Municipal wards or sub-wards or sections. (ii) The State Government may also require the Municipal Commissioner or the Municipality to recover such cost and the additional sum from each person liable therefor under sub-section (3) in such manner as the State Government may direct. (iii) Where the Municipal Commissioner or a Municipality makes default in imposing and levying any such tax or in making such recovery, the State Government may direct the Collector to impose and levy such tax or to make such recovery. (5) Every amount recoverable by the Collector or other authority under this section shall be recoverable as if it were an arrear of land revenue due by the person liable therefor. (6) It shall be lawful for the State Government by order to exempt any person from liability to bear any portion of the cost of such additional Police. (7) Out of the total amount recovered by the Municipal Commissioner or by a Municipality under sub-section (4) or (5) whether before or after the coming into operation of this Act the amount of the cost shall be paid to the State Government and the balance, if any, shall be credited to the municipal fund constituted under the relevant Municipal Act. Such amount of cost shall be paid to the State Government every three months. Explanation.- In this section the expression “inhabitants” when used with reference to any area includes persons who themselves by their agents or servants occupy or hold land or other immovable property within such area and landlords who themselves or by their agents or servants collect rent from holders or occupiers of land in such area notwithstanding that they do not actually reside therein.

(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 State Government may, by notification in the official Gazette, specify- (a) the area (hereinafter called “the disturbance area”), in which in its opinion such unlawful assembly was held; (b) the dale on which or the period during which such unlawful assembly was held. (2) The decision of the State Government under Cls. (a) and (b) of sub-section (1) shall be final. (3) On the issue of a notification under sub-section (1), the Chief Presidency Magistrate in Greater Bombay the District Magistrate in Districts with the previous sanction of the Revenue Commissioner, may, after such inquiries he deems necessary, determine the amount of the compensation which, in his opinion, should be paid to any person or persons in respect of the loss or damage or death or grievous hurt aforesaid. The amount of compensation shall be a tax imposed under this section and shall be (covered in the manner prescribed in the succeeding sub-sections. (4) The Chief Presidency Magistrate or the District Magistrate may require- (a) in any disturbance area which is within the limits of a Corporation, the Municipal Commissioner, the Collector or another authority; (b) in any disturbance area which is within the limits of a municipality, the municipality, the Collector or any other authority; and (c) in any disturbance area which is outside the area specified in Cls. (a) and (b), the Collector or any other authority. to recover the amount (hereinafter called “the compensation amount”) as determined under sub-section (3) either in whole or in part and where the Municipal Commissioner or the Municipality is required to recover such amount. an additional sum not exceeding three per cent of the compensation amount (hereinafter referred to as “the Municipal recovery cost”), generally from all persons who were inhabitants of the disturbance area or specially from any particular section or sections, or class or classes of such persons in the said area, and in such proportion as the Chief Presidency Magistrate or the District Magistrate may direct. (5) (1) The Chief Presidency Magistrate or the District Magistrate may require the Municipal Commissioner or the Municipality concerned to recover the compensation amount and the additional sum. Municipal recovery cost by an addition to the general or property tax which shall be imposed and levied in the disturbance area. Every addition to the general or property tax imposed under this sub section shall be recovered by the Municipal Commissioner or the Municipality concerned from each person liable therefor in the same manner as the general or property tax due from him. The provisions of the relevant Municipal Act shall apply to any such addition as if it were part of the general or property tax levied under the relevant Municipal Act. Such addition shall be charged along with the general or property tax on the properties in the area aforesaid. (ii) The Chief Presidency Magistrate or the District Magistrate as the case may be, may also require the Municipal Commissioner or the Municipality concerned to recover the compensation amount and the municipal recovery cost from each person liable therefor under sub-section (4) in such manner as he may direct. (6) Where a Municipal Commissioner or a Municipality makes a default in imposing and levying any such tax or in making any such recovery, the State Government may direct the Collector to impose and levy such tax or to make such recovery. (7) Every amount recoverable by the Collector or other authority under this section shall be recoverable as if it were an arrear of land revenue due by the person liable therefor. (8) Out of the total amount recovered by the Municipal Commissioner or by a Municipality under sub-section (5) or (7), whether before or after the coming into operation of this Act, the proportionate amount of the municipal recovery cost shall be deducted therefrom and the amount not exceeding the compensation amount determined by the Chief Presidency Magistrate or the District Magistrate as the case may be under sub-section (3) shall be paid to him for the payment of compensation to the persons entitled thereto and the balance, if any, shall be credited to the Municipal fund constituted under the relevant Municipal Act. Such amount shall be paid to the Chief Presidency Magistrate or the District Magistrate as the case may be every three months. (9) It shall be lawful for the Chief Presidency Magistrate or the District Magistrate as the case may be by order, to exempt any persons from liability to pay any portion of the compensation amount. (10) The State Government may, (a) on its own motion, or (b) on an application made by a person within a period of thirty days from the date of the order of the Chief Presidency Magistrate or the District Magistrate as the case may be granting or refusing to grant an exemption thereunder, set aside or modify such order. Explanation. In this section the expression “inhabitants” when used with reference to any disturbance area includes persons who themselves or by their agents or servants occupy or hold land or other immovable property within such area and landlords who themselves or by their agents or servants collect rent from holders or occupiers of land in such area, notwithstanding that they do not actually reside therein.

(1) It shall be lawful for the District Magistrate with the previous sanction of the Revenue Commissioner to award or apportion all or any moneys recovered as compensation amount under sub-sections (3) to (8) of sec. 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 bun aforesaid. (2) No compensation shall be awarded under this section except upon a claim made within 45 days from the date of notification issued by the State Government under sub-section (1) of Sec. 51 and unless Chief Presidency Magistrate or the District Magistrate is satisfied that the person claiming compensation or where such claim is made in respect of the death of any person, that that person also has himself been free from blame in connection with the occurrences which led to the loss, damage, death or grievous hurt as aforesaid. (3) The compensation payable to any person under Sec. 51 in respect of death or grievous hurt shall not in any way be capable of being assigned or charged or be liable to attachment or to pass to any person other than the person entitled to it by operation of law, nor shall any claim be set off against the same. (4) Every direction and order made by Chief Presidency Magistrate or the District Magistrate under this or the preceding section shall be subject to revision by the State Government, but save as aforesaid, shall be final. (5) No civil suit shall be maintainable in respect of any loss or injury for which compensation bas been granted under this section.

Chief Presidency Magistrate or the District Magistrate as the case may be, shall discharge his functions under Secs. 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), or any law corresponding thereto in force in any area of the State of Bombay, where under the provisions of Sec. 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 Sec. 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-section (1) of Sec. 50 or on the date or during the greater part of the period specified under Cl. (b) of sub-section (1) of Sec. 51, as the case may be, in the manner specified in sub-section (2). (2) The amount referred to in sub-section (1) and to be recovered from a tenant referred to therein, shall bear the same proportion as the rent payable by him in respect of the premises in his occupation bears to the total amount of rent recoverable for the whole premises if let, and the same shall be recoverable from the tenant in not less than four equal instalments. (3) The provisions of sub-section (1) in so far as they relate to the recovery of the riot tax from the tenants shall not apply to Greater Bombay during the period during which Sec 10-B of the Bombay Rents Hotel and Lodging House Rates Control Act, 1947 is in force in the said area.

Whenever it shall appear in Greater Bombay and in areas in which a Commissioner is appointed under Sec. 7 to the Commissioner and in a district to the District Magistrate the Sub-Divisional Magistrate or the District Superintendent specially empowered by the State Government in that behalf, that the movement or encampment of any gang or body of persons in the area in his charge is causing or is calculated to cause danger or alarm or reasonable suspicion that unlawful designs are entertained by such gang or body or by members thereof, such officer may, by notification addressed to the persons appearing to be the leaders or chief men of such gang or body and published by beat of drum or otherwise as such officer thinks fit, direct the members of such gang or body so to conduct themselves as shall seem necessary in order to prevent violence and alarm, or disperse and each of them to remove himself outside the area within the local limits of his jurisdiction or such area and any district, or districts or any part thereof, contiguous thereto which in such time as such officer shall prescribe, and not to enter the area or the area and such contiguous districts, or part thereof, as the case may be, or return to the place from which each of them was directed to remove himself.

Whenever it shall appear in Greater Bombay and other areas for which a Commissioner bas been appointed under Sec. 7 to the Commissioner and in other area or areas to which State Government may, by notification in the Official Gaulle, 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 Chapters XII, XVI, or XVII of the Indian Penal Code (XLV of 1860), or in the abetment of any such offence, and when in the opinion of such officer witnesses are not willing to come forward to give evidence in public against such person by reason of apprehension on their part as regards the safety of their person or property, (bb) that there are reasonable grounds for believing that such person is acting or is about to act (1) in any manner prejudicial to the maintenance of public order as defined in the Maharashtra Prevention of Communal, Antisocial and other Dangerous Activities Act, 1980, or (2) in any manner prejudicial to the maintenance of supplies of commodities essential of the community as defined in the Explanation to sub-sect ion (1) of Sec. 3 of the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (VII of 1980), or (c) that an outbreak of epidemic disease is likely to result from the continued residence of an immigrant, the said officer may, by an order in writing duly served on him or by beat of drum or other wise as he thinks fit, direct such person or immigrant so to conduct himself as shall seem necessary in order to prevent violence and alarm or such prejudicial act or the outbreak or spread of such disease or to remove himself outside the area within the local limits of his jurisdiction or such area and any district or districts, or any part thereof, contiguous thereto by such route and within such time as the said officer may prescribe and not to enter or return to the said area or the area and such contiguous districts, or part thereof as the case may be from which he was directed to remove himself.

If a person has been convicted - (a) (i) of an offence under Chapters XII, XVI or XVII of the Indian Penal Code (XLV of 1860), or (ii) of any offence udder Secs. 65, 66-A or 68 of the Bombay Prohibition Act, 1949 (Bom. XLV of 1949), or (iii) of an offence under Secs. 3, 4, 5, 6 or 9 of the Suppression of Immoral Traffic in Women and Girls Act, 1956 (CIV of 1956), or (iv) of an offence under Sec. 135 of the Customs Act, 1962 (52 of 1962), or (v) of an offence under Sec. 4, or for accepting bets in any public street or thoroughfare or in any place to which the public have or permitted to have access or in any race course under Cl. (a) of Sec. 12, or under Sec 12-A of the Bombay Prevention of Gambling Act, 1867 (Bom. IV of 1867), or (b) twice or more of an offence under the Bombay Prohibition Act, 1949 (Born XXV of 1949) not being an offence under Sees. 66, 66-A or 68, or (c) twice or more of an offence under Sec- 122 or 124 of this Act, the Commissioner, the District Magistrate, or the Sub Divisional Magistrate specially empowered by the State Government in this behalf, if he has reason to believe that such person is likely again to engage himself in the commission of an offence similar to that for which he was convicted, may direct such person to remove himself outside the area within the local limits of his jurisdiction or such area and any district or districts, or any part thereof, contiguous thereto by such route and within such time as the said officer may prescribe and not to enter or return to the area or the areas and such contiguous district or districts or part thereof, as the case may be, from which he was directed to remove himself. Explanation. For the Purpose of this section “an offence similar to that for which a person was convicted” ,shal1 mean- (i) in the case of a person, convicted of an offence mentioned in Cl. (a) (i) an offence falling under any of the chapters of the Indian Penal Code (XLV of 1860), and (ii) in case of a person convicted of an offence mentioned in Cl. (a) [excluding sub-clause (i) thereof (b) and (c) an offence falling under the provisions of the Acts mentioned respectively in the said clauses.] From the date on which the person removes himself or is removed from the area, district or districts or part aforesaid.

A direction made under Secs. 55, 56 or 57 not to enter any particular area or such area and any district or districts, or any part thereof contiguous thereto, as the case may be,, shall be for such period as may be specified therein

(1) Before an order under Ss. 55, 56, 57 and 57-A) 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 and explanation regarding them. If such person makes so 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 he 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 appear before the officer proceeding under this section by an advocate or attorney for the purpose of tendering his explanation and examining the witnesses produced by him.

(2) The authority or officer proceeding under sub-section (1) may, for the purpose of securing the attendance of any person against whom any order is proposed to be made under Secs. 55, 56, 57 and 57-A require such person to appear before him and to pass a security bond with or without sureties for such attendance during the inquiry. If the person fails to pass the security bond as required or fails to appear before the officer or authority during the inquiry, it shall be lawful to the officer or authority to proceed with the inquiry and thereupon such order as was proposed to be passed against him, may be passed.

(1) Any person aggrieved by an order made under Secs. 55, 56, 57 and 57-A may appeal to the State Government within thirty days from the date of such order.

(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 or a certified copy thereof.

(3) On receipt of such appeal, the State Government may, after giving a reasonable opportunity to the appellant to be heard either personally or by a pleader advocate or attorney and after such further inquiry, if any, as it may deem necessary, confirm, vary or cancel or set aside the order appealed against, and make its order accordingly:

Provided that the order appealed against shall remain in force pending the disposal of the appeal, unless the State Government otherwise directs.

(4) In calculating the period of thirty days provided for an appeal under this section, the time taken for granting a certified copy of the order appealed against, shall be excluded.

Any order passed under Secs. 55, 56, 57 and 57-A or by the State Government under Sec. 60 shall not 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 (l) of Sec. 59 or that there was no material before the authority concerned upon which it could have based its order 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 Sec. 56.

(1) The State Government 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 Secs. 55, 56, 57 and 57-A to enter or return for a temporary period to the area, or such area and any contiguous districts or part thereof, as the case may be, from which be was directed to remove himself, subject to such conditions as it 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 the area or such area and any contiguous districts, or part thereof, as the case may be, from which he was directed to remove himself, the State Government or such officer may require him to enter into bond with or without surety for the observance of the conditions imposed.

(3) Any person permitted under sub-section (1) to enter or return to the area or such area and any contiguous districts, or part thereof, as the case may be, from which he was directed to remove himself shall surrender himself at the time and place and to the authority specified in the order or in the order revoking the said order, as the case may be.