Chapter II Chapter II

There shall be one police force for the State of Maharashtra; 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 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 the State of Maharashtra vests in and is exercisable by the State Government and any control, direction or supervision exercisable by any officer over any member of the Police Force shall be exercisable subject to such superintendence.

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 may by general or special order; Provided that – (i) the rules and orders governing the recruitment, pay, allowances and other conditions of service of the members of the Police Force constituted under any of the Acts mentioned in Part I or II of Sch. I and deemed to be the members of the Police Force under Sec. 3, shall continue in force until altered or cancelled under Cl. (b); but in the case of members of the Police Force constituted under any of the Acts mentioned in Part II or that Schedule such alteration or cancellation shall be subject to the proviso to sub-section (7) of Sec. 115 of the State Reorganisation Act, 1956 (XXXVII of 1956); (ii) nothing in this clause shall apply to the recruitment, pay, allowances and other conditions of service of the members of the Indian Police and Indian Police Service.

(1) For the Direction and supervision of the Police Force, the State Government shall appoint an Inspector-General of Police who shall exercise such powers and perform such functions and duties and shall have such responsibilities and such authority as may be provided by or under this Act or orders made by the State Government. (2) (a) The State Government may appoint one or more Special Inspector-General of Police one or more Additional Inspectors-General and one or more Deputy Inspectors-General of Police. (b) The State Government may direct that any one of the powers, functions, duties and responsibilities and the authority of the Inspector-General may be exercised, performed or discharged as the case, may be, by a Special Inspector-General or an Additional Inspector-General or a Deputy Inspector-General. (c) The State Government may also by a general or special order direct that a Special Inspector-General or an Additional Inspector–General or Deputy Inspector–General shall assist and aid the Inspector-General in the performance, exercise and discharge of his powers, functions, duties, responsibilities and authority in such manner and to such extent as may be specified in the order.

(a) The State Government may appoint a police officer to be the Commissioner of Police of Greater Bombay for any area specified in a notification issued by the State Government in this behalf and published in the official gazette. (b) The State Government may also appoint an additional Commissioner of Police for the areas specified in Cl. (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 otherwise be directed by the State Government by general or special order: Provided that the State Government may direct that any of the powers, functions, duties, responsibilities or authority exercisable or to be performed or discharged by the Commissioner, shall be exercised, performed or discharged subject to the control of the Inspector-General: Provided further that the area for which a Commissioner has been appointed under the section shall not, unless otherwise provided by or under this Act, to be under the charge of the District Magistrate or the District Superintendent or any of the purpose of this Act, notwithstanding the fact that such area form part of a district within the territorial jurisdiction for which a District Magistrate or a Superintendent may have been appointed.

(1) The State Government may appoint for each District or for a part of a district or for one or more Districts 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 Superintendent under this Act or under any law for the time being in force. (3) The District Superintendent may, with the previous permission of the State Government delegate any of the powers and functions conferred on him by or under this Act to an Assistant or Deputy Superintendent; Provided that, the powers, to be exercised by the Superintendent of making, altering or rescinding any rules under Sec. 33 shall not be delegated to an Assistant or Deputy Superintendent.

(1) The State Government may appoint any Police officer not below the rank of Superintendent to be the Principal of the Police Training College, Nasik, 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) authorized by the State Government in that behalf, may, subject to the control of the State Government, assign to each Principal so appointed such powers, functions and duties as he may think fit.

(1) The State Government may appoint one or more Deputy Commissioners and one or more Assistant Commissioners of Police in any area in which a Commissioner has been appointed under Cl. (a) of Sec. 7. (2) Every such Deputy or Assistant 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 provision of this Act or any other law for the time being in force in accordance with general or special orders of the State Government made in this behalf: Provided that the powers to be exercised by the Commissioner of making, altering or rescinding rules under Sec. 33 shall not be exercisable by a Deputy Commissioner.

(1) The State Government may appoint for any area for which a Commissioners of police has been appointed under Sec. 7) such number of Superintendents of Police as it may think expedient. (2) 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 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 of making, altering or rescinding rules under Sec. 33 shall not be exercisable by the Assistant Commissioner.

(1) Subject to the control of the State Government, the Commissioner for any area shall, if he thinks fit- (a) constitute within the area under his charge, Police divisions, (b) sub-divide the same into sections, and (c) define the limits and extent of such divisions and sections. (2) Officers-in-charge of divisions and sections. Each such division shall be in charge of an Assistant Commissioner and each section shall be in charge of an Inspector of Police.

Deleted by Bom. XXI of 1954. Second Sch.

(1) Every Police officer 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 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 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. (a) confirm, modify or reverse any such order, (b) impose any penalty or set aside, reduce, confirm or enhance penalty imposed by such order, (c) direct that further inquiry may be held, or (d) make such other order as. in circumstances of the case, it or be may deem fit: Provided that an order in revision imposing or enhancing penalty shall not be passed unless the police officer affected thereby has been given a reason able opportunity of being heard: Provided further that no order in revision shall be passed- (i) in a case where an appeal against the decision or order passed in such inquiry or proceeding bas been filed, when such appeal is pending; (ii) in a case where an appeal against such decision or order, has not been filed. before the expiry of the period provided for filing such appeal; and (iii) in any case after the expiry of a period of three years from the date of the decision or order sought to be revised.

The Commissioner, subject to the orders of the Inspector-General and the Superintendent, subject to the orders of the Inspector-General and the District Magistrate, shall, within their respective spheres of authority, direct and regulate all matters of arms, drill, exercise, observation of persons 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 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 and shall be subject to the lawful orders of the Revenue Commissioner.

The District Magistrate may require from the Superintendent reports, either particular or general, or any matter connected with the crimes, habitual offenders, the prevent on of disorder, the regulation of a assemblies and amusements, the distribution of the Police Force, the conduct and character of any Police officer subordinate to the Superintendent, the utilization of auxiliary means and al1 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 Superintendent, he may require the Superintendent to substitute another officer for any officer whom he has power to transfer and the Superintendent shall be bound to comply with the requisition: Provided that if the Police officer concerned is an officer of a grade higher than that of an Inspector the District Magistrate may report his conduct to the Inspector-General. The 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. danger, obstruction or inconvenience to the public; (c) regulating the conditions under which vehicles may remain standing in streets and public places, and the use of streets as halting places for vehicles or cattle; (d) prescribing the number and position of lights to be used on vehicles in streets and the hours between such lights shall be used; (da) licensing, controlling or prohibiting the display of any pictures, advertisements, news boards or public notices upon a vessel or boat in territorial waters or on inland waterways other than national waterways; (db) licensing, controlling or prohibiting the erection, exhibition, fixation or retention of any sign, device or representation for the purpose of advertisement, which is visible against the sky from some point in any street and is hoisted or held aloft over any land, building or structure at such height as (regard being had to the traffic in the vicinity, and the likelihood of such sign, device or representation at that height being a distraction or causing obstruction to such traffic) may be specified in the rule or order ; (e) prescribing certain hours of the day during which cattle shall not be driven along the streets, or along certain specified streets, except subject to such regulations as he may prescribe in that behalf; (f) regulating the leading, driving, conducting or conveying of any elephant or wild or dangerous animal through or in any street; (g) regulating and controlling the manner and mode of conveying timber, scaffold poles, ladders, iron girders, beams or bars, boilers or other unwieldy articles through the streets, and the route and hours for such conveyance ; (h) licensing, controlling or, in order to prevent the obstruction, inconvenience, annoyance, risk, danger or damage of the residents or passengers in the vicinity, prohibiting the carrying in streets and public places of gunpowder or any other explosive substances; (i) prohibiting except along certain specified streets and during specified hours and subject to such regulations as he may prescribe in that behalf, the exposure or movement in any street of persons or animals suffering from contagious or infectious diseases and the carcasses of animals or part thereof and the corpses of persons deceased; (j) prescribing certain hours of the day during which odour or offensive matter or objects shall not be taken from or into houses or buildings in certain streets or conveyed through such streets except subject to such rules as he may make in that behalf; (k) setting apart places for the slaughtering of animals, the cleaning of carcasses or hides, the deposit of noxious or offensive matter and for obeying calls of nature ; (l) in cases of existing or apprehended epidemic or infectious disease of men or animals, the cleanliness and disinfection of premises by the occupier thereof and resident therein and the segregation and management of the persons or animals diseased or supposed to be diseased, as may have been directed or approve by the State Government, with a view to prevent the disease of to check the spreading thereof; (m) directing the closing or disuse, wholly or for certain purposes, or limiting to certain purposes only the use of any source, supply or receptacle of water and providing against pollution of the same or of the water therein; (n) licensing, controlling or, in order to prevent the obstruction, inconvience, annoyance, risk, danger or damage of the residents or passengers in the vicinity, prohibiting the playing of music, the beating of drums, tom-toms of other instruments and the blowing or sounding of horns or other noisy instruments in or near streets or public places; (o) regulating the conduct of and behaviour or action of persons constituting assemblies and processions on or along the streets and prescribing in the case of processions, the routes by which, the order in which and the times at which the same may pass; (p) prohibiting the banging or placing of any cord or pole across a street or part thereof, or the making of a projection or structure so as to obstruct traffic or the free access of light and air; (q) prohibiting, except under such reasonable rules as he may make, the placing of building materials or other articles or the fastening or detention of any horse or other animals in any street or public places. (r) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage of the residents or passengers in the vicinity, prohibiting- (i) the illumination of streets and public places and the exteriors of building abutting thereon by persons other than servants of Government or Municipal officers duly authorized in that behalf; (ii) the blasting of rock or making excavations in or near streets or public places; (iii) the using of a loudspeaker in or near any public place or in any place of public entertainment; (s) closing certain streets or places temporarily, in cases of danger from ruinous buildings or other cause, with such exceptions as shall appear reasonable; (t) guarding against injury to person and property, in the construction, repair and demolition of building, platforms and other structures from which danger may arise to passengers, neighbours or the public; (u) prohibiting the setting fire to or burning any straw or other matter, or lighting a bonfire or wantonly discharging a fire, arm or airgun, or letting off or throwing a fire- work or, sending up a fire balloon or rocket in or upon or within fifty feet of a street or building or the putting up of any post or other thing on the side of or across a street for the purpose of affixing thereto lamps or other contrivances for illumination, except subject to such reasonable rules, as he may make in that behalf; (v) regulating the hours during which and the manner in which any place for the disposal of the dead, any dharamshala, village-gate or other place of public resort may be used, so as to secure the equal and appropriate application of its advantages and accommodation and to maintain orderly conduct amongst those who resort thereto; (w) (i) licensing or controlling places of public amusement or entertainment; (ii) prohibiting the keeping. of places of public amusement or entertainment or assembly, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity; (iii) regu1ating the means of entrance and exit at places of public amusement or entertainment or assembly, and providing for the maintenance of public safety and the prevention of disturbance thereat; (wa) (i) licensing or controlling in the interest of public order decency or morality or in the interest of the general public with such exceptions as may be specified, the musical, dancing, mimetic or theatrical or other performances for public amusement, including melas and tamashas ; (ii) regulating in the interest of public order, decency or morality or in the interest of the general public, the employment of artists and the conduct of the artists and the audience at such performances; (iii) prior scrutiny of such performances and of the scripts in respect thereof, if any, and granting of suitability certificate therefore subject to conditions, if any, by the Board appointed by the State Government for the purpose, either for the whole State or the area concerned the members of the Board being persons who in the opinion of the State Government possess knowledge of, or experience in literature, the theatre and other matters relevant to such scrutiny, or by an Advisory Committee appointed by the Commissioner, or the District Magistrate in this behalf ; Provision for appeal against the order or decision of the Board to the prescribed authority, its appointment or constitution, its procedure and other matters ancillary thereto, and the fees (whether in the form of court-fee stamp or otherwise) to be charged for the scrutiny of such performances or scripts for applications for obtaining such certificates and for issuing duplicates thereof and in respect of such appeals; (iv) regulating the hours during which and the places at which such performances may be given; (x) regulating or prohibiting the sale of any ticket or pass for admission, by whatever name called, to a place of public amusement; (xa) registration of eating-hoses, included granting a certificate of registration in each case, which shall be deemed to be written permission required and obtained under this Act for keeping the eating-house, and annual renewal of such registration within prescribed period; (y) prescribing the procedure in accordance with which any licence or permission sought to be

The Inspector-General, throughout the 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 State or 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 District Superintendent, or any Magistrate 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 approved by the State Government in this behalf. (b) have the same powers, privileges and immunities and be liable to the same duties and responsibilities and be subject to the same authorities as an ordinary Police officer.

(1) Additional Police officers of such rank or grade for such time and on such pay as the authority specified 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 Stale 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 orders of the Commissioner or the Superintendent, as the case may be. (3) The employment or deputation of such additional Police officer may be made at the request of any person requiring such Police and the cost of such employment, shall be recovered in such matter as is provided by or under this Act of under any other law for the time being in force.