Maharashtra act 022 of 1951 : The Maharashtra Police Act.

(1) This Act may be called ¹[the Maharashtra Police Act].

In this Act, unless there is anything repugnant in the subject or context,-

3. One Police Force for the ¹[whole of the ²[State of Maharashtra]].- There shall be one Police Force for the ³[whole of the ⁴[State of Maharashtra]] ⁵[and such Police Force shall include every Police Officer referred to in clause (6) of section 2] :

The Superintendence of the Police Force throughout ¹[the ²[State of Maharashtra]] vests in and exercisable by the State Government and ³[subject to such Superintendence, the Secretary to the State Government in the Home Department, whether designated as Secretary, Home Secretary, Special Secretary, Additional Chief Secretary or otherwise, in charge of the Law and Order Division of the Home Department shall exercise control, direction and supervision over the Police Force].

Subject to the provisions of this Act-

6. ¹[Director-General and Inspector-General], Additional and Deputy Inspector General.- (1) ²[Subject to the provisions of section 4, for the direction and supervision] of the Police Force, the State Government shall appoint an ³[Director-General and Inspector-General of Police] who shall exercise such powers and perform such functions and duties and have such responsibilities and such authority as may be provided by or under this Act, or orders made by the State Government.

(a) The State Government may appoint a Police Officer to be the Commissioner of Police for ¹[Brihan Mumbai] or any other area specified in a notification issued by the State Government in this behalf and published in the Official Gazette.

8. Appointment of ¹[Superintendent and], Additional, Assistant and Deputy Superintendents.- (1) The State Government may appoint for each District or for a part of a district or for one or more districts ²[a Superintendent of Police] and one or more Additional, Assistant and Deputy Superintendents of Police, as it may think expedient.

¹[8A. ²[Appointment of Director of Police Wireless and of Superintendent], Assistant and Deputy Superintendents for Wireless System, Motor Transport System or any specific duty.- (1) The State Government may appoint for the whole of the State or for any part thereof-

¹[9. Appointment of Principals of Police Training Institutions.- (1) The State Government may appoint any Police Officer not below the rank of Superintendent to be the Principal of the Police Training College, Nashik, 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.

10. Deputies ¹[* *] to Commissioner.- (1) The State Government may appoint one or more Deputy Commissioners ²[* * * *] of Police in ³[Brihan Mumbai] or in any area in which a Commissioner has been appointed under clause (a) of section 7.

11. ¹[²[Assistant Commissioners] within jurisdiction of Commissioners].- (1) The State Government may appoint 15for any area for which a Commissioner of Police has been appointed under section 7] such number of ³[Assistant Commissioners of Police] as it may think expedient.

(1) Subject to the control of the State Government the Commissioner ¹[for any area] shall, if he thinks fit-

¹[12A. Officers in charge of Divisions and section Inspectors.- Subject to the general or special orders of the State Government the Commissioner for the area for which he is appointed and the ²[Director-General and Inspector-General] for other areas shall appoint Inspectors.]

[Inspector-General and Commissioner to exercise the powers of First Class Magistrate and Presidency Magistrate]. Deleted by Bom. XXI of 1954, Second Sch.

(1) Every Police Officer ¹* ²[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.

The powers, functions and privileges vested in a Police Officer shall remain suspended whilst such Police Officer is under suspension from office :

16. General powers of Commissioner and ¹[Superintendent].- The Commissioner, subject to the orders of the ²[Director-General and Inspector-General], and the ³[Superintendent], subject to the orders of the ⁴[Director-General and Inspector-General] and the District Magistrate, shall, within their respective spheres of authority direct and regulate all matter of arms, drill, exercise, observation of person 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 ¹[Superintendent] and the Police Force of a district shall be under the control of the District Magistrate.

18. Power of District Magistrate to require reports from ¹[Superintendent].- The District Magistrate may require from the ²[Superintendent] reports either particular or general, on any matter connected with the crimes, habitual offenders, the prevention of disorder, the regulation of assemblies and amusements, the distribution of the Police Force, the conduct and character of any Police Officer subordinate to the ³[Superintendent], the utilization of auxiliary means and all 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 ¹[Superintendent] he may require the ²[Superintendent] to substitute another officer for any officer whom he has power to transfer and the ³[Superintendent] shall be bound to comply with the requisition :

20. Power of ¹[Director-General and Inspector-General] and Commissioner to investigate and regulate matters of Police accounts.- The ²[Director-General and Inspector-General] throughout the ³[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 ⁴[State] 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 ¹[Superintendent], or any Magistrate, ²* * * * * 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.

(1) Additional Police Officers of such rank or grade for such time and on such pay as the authority specified by or under the provisions of this Act in that behalf may determine, may be employed or deputed for the purpose stated in such provisions.

¹[22A. Appointment of Railway Police.- (1) The State Government may by notification in the Official Gazette, create one or more special police districts embracing such railway areas in the State as it may specify, and appoint a Superintendent of Police ²[one or more Assistant and Deputy Superintendents] and such other Police Officers for each such special districts as it may think fit.

(1) The State Government shall, by notification in the Official Gazette, constitute for the purposes of this Act, a Board to be called the Police Establishment Board No. 1.

The Police Establishment Board No. 1 shall perform the following functions, namely:-

(1) The State Government shall, by notification in the Official Gazette, constitute for the purposes of this Act, a Board to be called the Police Establishment Board No. 2.

The Police Establishment Board No. 2 shall perform the following functions, namely:-

(1) The State Government shall, by notification in the Official Gazette, constitute for the purposes of this Act, a Board to be called the Police Establishment Board at Range Level.

The Police Establishment Board at Range Level shall perform the following functions, namely:-

(1) The State Government shall, by notification in the Official Gazette, constitute for the purposes of this Act, a Board to be called the Police Establishment Board at Commissionerate Level.

The Police Establishment Board at Commissionerate Level shall perform the following functions, namely:-

¹[22J-1. Police Establishment Board at District Level.- (1) The State Government shall, by notification in the Official Gazette, constitute for the purposes of this Act, a Board to be called the Police Establishment Board at District Level.

The Police Establishment Board at District Level shall perform the following functions, namely:-

(1) The State Government shall, by notification in the Official Gazette, constitute for the purposes of this Act, a Board to be called the Police Establishment Board at the Levels of Specialized Agencies, namely Crime Investigation Department, State Intelligence Department, Protection of Civil Rights, Anti-Corruption Bureau, State Reserve Police Force, Anti-Terrorist Squad, Highway Traffic ¹[Department, Police Communication, Information Technology and Motor Transport Department] and Training Directorate.

The Police Establishment Board at the Levels of Specialized Agencies shall perform the following functions, namely:-

While performing the functions under this Act, the Police Establishment Board No. 1, Police Establishment Board No. 2, Police Establishment Board at Range Level ¹[, Police Establishment Board at Commissionerate Level, Police Establishment Board at District Level and Police Establishment Board at the Levels of Specialized Agencies], shall comply with and follow all the provisions of law including rules and regulations as may be in force, from time to time.

On the constitution of the Police Establishment Board No.1, Police Establishment Board No. 2, Police Establishment Board at Range Level and Police Establishment Board at Commissionerate Level under this Act, the erstwhile Police Establishment Boards constituted by the Home Department under the Government Resolution, dated the 15^th July 2013 shall cease to exist:

Nothing contained in this Act shall affect the power of the State Government or any other Competent Authority in respect of all matters relating to disciplinary action against any Police Officer of whatsoever rank.

¹[(1) Police Officers in the Police force shall have a normal tenure as mentioned below, subject to the promotion or superannuation:-

¹[22N-1. Maximum percentage of transfer in a year.- Notwithstanding anything contained in sub-section (1) of section 22N or any other provisions of this Act, to ensure that the Government work is not adversely affected on account of large scale transfers of Police Personnel from one single Department or office, not more than one-third of the Police Personnel shall be transferred from any office or Department at a time, in a year.]

(1) The crime branch or local crime branch and detection or investigation cells in each Police Station shall concentrate on investigation of crimes exclusively and shall not be entrusted with law and order, security and other duties, ordinarily.

(1) The State Government shall, by notification in the Official Gazette, constitute for the purposes of this Act, an Authority to be called the State Police Complaints Authority.

(1) The State Police Complaints Authority shall exercise the powers and perform the function as follows:-

(1) The State Police Complaints Authority shall, after completing the inquiry, submit a report to the State Government within such time as may be prescribed by the State Government.

(1) The State Government shall, by notification in the Official Gazette, constitute for the purposes of this Act, an Authority to be called the Division Level Police Complaints Authority.

(1) Notwithstanding anything contained in this Act, whoever makes any false or frivolous complaint against Police Officer under this Chapter, shall, on conviction, be punished with an imprisonment of either description of a term which may extend to two years or with fine or with both and if such proceeding be instituted on a false charge of an offence punishable with death, imprisonment for life or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Subject to the orders of the State Government, the Commissioner in the case of the Police Force allocated to ¹[Brihan Mumbai] and other areas for which he has been appointed and the ²[Director-General and Inspector-General], in the case of the Police Force allocated to other areas may make rules or orders or orders not inconsistent with this Act or with any other enactment for the time being in force-

24. ¹[Director-General and Inspector-General] or Commissioner may call for returns.- (1) The ²[Director-General and Inspector-General] may, subject to the rules and orders of the State Government, call for such returns, reports and statements on subjects connected with the suppression of crime, the maintenance of order and the performance of their duties as his subordinates may be able to furnish to him. The ³[Director-General and Inspector-General] shall communicate to the District Magistrate ⁴[and Revenue Commissioner] any general orders issued by him for the purposes aforesaid or in consequence of the information furnished to him, and also any orders which the State Government may direct.

¹[(1) The State Government or any officer authorised under sub-section (2), in that behalf, may impose upon an Inspector or any member of the subordinate ranks of the Police Force, who in the opinion of the State Government or such authorised officer, is cruel, perverse, remiss or negligent in, or unfit for, the discharge of his duties, any one or more of the following penalties, namely :-

¹[26. Procedure to be observed in awarding punishment.- Except in cases referred to in the second proviso to clause (2) of Article 311 of the Constitution of India, no order of punishment under sub-section (1) of section 25 shall be passed unless the prescribed procedure is followed].

An appeal against any order passed against a Police officer under section 25 or the rules or orders thereunder shall lie to the State Government itself or to such officer as the State Government may by general or special order specify:

¹[27A. Power of State Government or Director General and Inspector General to call for record of any inquiry or proceeding.- The State Government or the Director General and the Inspector General may, suo motu or on an application made to it or him, as the case may be, within the period prescribed in this behalf, call for and examine the record of any inquiry or proceedings held against any Police officer under this Chapter by any authority for the purpose of satisfying itself or himself as to the legality or propriety of any decision taken or order passed in any such inquiry and as to the regularity of the proceedings held, against such officer, and may, at any time,-

The State Government or the Director General and Inspector General of Police may, at any time, either suo moto or otherwise, review any order passed by it or him, as the case may be under section 25, 27 or 27A, when any new material or evidence which could not be produced or was not available at the time of passing the order under review and which has the effect of changing the nature of the case, has come or has been brought, to its or his notice:

Without prejudice to the power to issue an order contained in clause (b) of section 5, the State Government may, frame rules consistent with this Act for carrying out the purposes of sections 27, 27A and 27B.]

(1) Every Police officer not on leave or under suspension shall for all purposes of this Act be deemed to be always on duty, and any Police officer or any number or body of Police officers allocated for duty in one part of the State may, if the State Government or the ¹[Director-General and Inspector-General] so directs, at any time be employed on Police duty in any other part of the State for so long as the services of the same may be there required.

¹[(1) No Police officer ²[of the grade of Inspector or] of the subordinate ranks shall resign his office or withdraw himself from the duties thereof except, with the written permission of the Commissioner or the Deputy Inspector-General, Criminal Investigation Department or of the Principal of ³[a Police ⁴[Training College]], or of the ⁵[Superintendent] or of some other Police officer empowered by the ⁶[Director-General and Inspector-General] or the Commissioner to grant such permission:

(1) Every person who for any reason ceases to be a Police officer shall forthwith deliver up to some officer empowered by the Commissioner, or the Deputy Inspector-General, Criminal Investigation Department, or the Principal of ¹[the Police ²[Training College or School]], or the ³[Superintendent] to whom such Police officer is subordinate to receive the same, his certificate of appointment or of office and the arms, accoutrements, clothing and other necessaries which have been furnished to him for the performance of duties and functions connected with his office.

(1) Any Police officer occupying any premises provided by the State Government for his residence-

¹[32. State Government may make order under section 144 of Act V of 1898.- The State Government, whenever it shall seem necessary, may by notification in the Official Gazette, make an order to such effect as any order if made by a Magistrate under section 144 of the ²Code of Criminal Procedure, 1898 (V of 1898) could be continued in force by the State Government under the said Code.]

^{1 2}33. Power to make rules for regulation of traffic and for preservation of order in public place, etc.- (1) ³[The Commissioner with respect to any of the matters specified in this sub-section, the District Magistrate] with respect to any of the said matters (except those falling under ⁴[clauses (a), (b), (db), (e), (g), (r), (t) and (u) thereof), and the Superintendent of Police with respect of the matters falling under the clauses aforementioned read with clause (y) of this sub-section,] in areas under their respective charges or any part thereof, may make, alter or rescind rules or orders not inconsistent with this Act for-

¹[ ²[33A. Prohibition of performance of dance in eating house, permit room or beer bar and other consequential provisions.- (1) Notwithstanding anything contained in this Act or the rules made by the Commissioner of Police or the District Magistrate under sub-section (1) of section 33 for the area under their respective charges, on and from the date of commencement of the Maharashtra Police (Second Amendment) Act, 2014 (Mah. XV of 2014),-

¹[* * *]

The Commissioner and the ¹[Superintendent] in areas under their respective charges may, whenever in his opinion such action is necessary, authorise such Police officer as he thinks fit to erect barriers on any street for the purpose of stopping temporarily vehicles driven on such street and satisfy himself that the provisions of law for the time being in force have not been contravened in respect of any such vehicle or by the driver of or the person in charge of such vehicle. The said authority may also make such orders as it deems fit for regulating the use of such barriers.

(1) A competent authority may, from time to time, make rules prohibiting the disposal of the dead, whether by cremation, burial or otherwise at places other than those set apart for such purpose :

36. Power of Commissioner or the ¹[Superintendent] and of other officers to give direction to the public.- In areas under their respective charges the Commissioner, and subject to his orders every Police officer not inferior in rank to an Inspector, and the ²[Superintendent] and subject to his orders any Police officer of not lower than such rank as may be specified by the State Government in that behalf, may, from time to time as occasion may arise, but not so as to contravene any rule or order under section 33 give all such orders either orally or in writing as may be necessary to-

(1) The Commissioner and the District Magistrate in areas under their respective charges may, whenever and for such time as he shall consider necessary for the preservation of public peace or public safety by a notification publicly promulgated or addressed to individuals, prohibit at any town, village or place or in the vicinity of any such town, village or place-

(1) If the Commissioner or ¹[Superintendent] is satisfied from the report of an officer in charge of a Police Station or other information received by him that it is necessary to do so in order to prevent annoyance, disturbance, discomfort or injury or risk of annoyance, disturbance, discomfort or injury to the public or to any persons who dwell or occupy property in the vicinity, he may, by a written order issue such directions as he may consider necessary to any persons for preventing, prohibiting, controlling or regulating-

(1) In order to prevent or suppress any riot or grave disturbance of peace, the Commissioner and the ¹[Superintendent], in areas under their respective charges, may temporarily close or take possession of any building or place, and may exclude all or any persons therefrom, or may allow access thereto to such persons only and on such terms as he shall deem expedient. All persons concerned shall be bound to conduct themselves in accordance with such orders as the authority making orders may make and notify in exercise of the authority hereby vested in it.

(1) In any case of an actual or intended religious or ceremonial or corporate display or exhibition or organised assemblage in any street or public place, as to which or the conduct of or participation in which it shall appear to a competent authority that a dispute or contention exists which is likely to lead to grave disturbance of the peace, such authority may give such orders as to the conduct of the persons concerned towards each other and towards the public as it shall deem necessary and reasonable under the circumstances, regard being had to the apparent legal rights and to any established practice of the parties and of the persons interested. Every such order shall be published in the town or place wherein it is to operate, and all persons concerned shall be bound to conform to the same.

(1) For the purpose of preventing serious disorder or breach of the law or manifest and imminent danger to the persons assembled at any public place of amusement or at an assembly or meeting to which the public are invited or which is open to the public, the senior Police officer of highest rank superior to that of constable, present at such place of amusement or such assembly or meeting may, subject to such rules and orders as may have been lawfully made, give such reasonable directions as to the mode of admission of the public to, and for securing the peaceful and lawful conduct of the proceedings and the maintenance of the public safety at such place of amusement or such assembly or meeting, as he thinks necessary and all persons shall be bound to conform to every such reasonable direction.

(Discontinuance of brothels) Deleted by Mah. 28 of 1964, s. 8.

(1) Whenever it shall appear to the Commissioner or District Magistrate that any place in the areas under their respective charges, at which, on account of a pilgrimage, fair or other such occurrence, large bodies of persons have assembled or are likely to assemble is visited or will probably be visited with an outbreak of any epidemic disease, he may take such special measures and may by public notice prescribe such regulations to be observed by the residents of the said place and by persons present thereat or repairing thereto or returning therefrom as he shall deem necessary to prevent the outbreak of such disease or the spread thereof.

(1) The Commissioner and the ¹[Superintendent] in areas under their respective charges may from time to time, by public notice, proclaim that any stray dogs found, during such period as may be specified in the said notice, wandering in the streets or in any public place may be destroyed, and any dog so found within such period may be destroyed accordingly.

(1) Any Police officer who in any street or public place other than a place of worship finds any animal other than a bull or a cow so diseased, or so severely injured, and in such a physical condition, that in his opinion it cannot without cruelty be removed, shall, if the owner is absent or refuses to consent to the destruction of the animal, at once summon the Veterinary Practitioner in charge of the area in which the animal is found and, if the Veterinary Practitioner certifies that the animal is mortally injured, or so severely injured, or so diseased, or in such a physical condition, that it is cruel to keep it alive, the Police officer may, without the consent of the owner, destroy the animal or cause it to be destroyed :

46. Powers under this Chapter to be exercised by ¹[Superintendent] subject to the control of District Magistrate and Commissioner and by District Magistrates subject to the control of State Government.- Every power conferred by this Chapter on a ²[Superintendent] not specially empowered by the State Government to exercise that power or on any officer subordinate to him shall be exercised by him subject to the orders of the District Magistrate and all rules, regulations and orders made under this Chapter shall, if made by ³[the Revenue Commissioner or the Commissioner], be governed by such rules and orders as the State Government may from time to time make in this behalf and, if made by the District Magistrate or the ⁴[Superintendent] specially empowered in that behalf, shall be subject to the provisions of section 17.

(1) The Commissioner or ¹[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 any particular class or classes of offences or to perform any other Police duties at any place in the area under his charge.

(1) Whenever it appears to the State Government or a competent authority that,-

In case of any dispute under section 47 or 48 the decision of the Chief Presidency Magistrate, in ¹[Brihan Mumbai], 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 therefor.

(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 employ additional Police, it may by notification in the Official Gazette specify-

¹[(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 District Magistrate may, by order, specify-

52. ¹[District Magistrate] to award or apportion compensation.- (1) It shall be lawful for the ²[District Magistrate] to award or apportion all or any moneys recovered as compensation amount under sub-sections (3) to (8) of section 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 hurt aforesaid.

53. ¹[District Magistrate] to discharge functions under orders of State Government.- The ²[District Magistrate], shall discharge his functions under sections 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), ¹[or any law corresponding thereto in force in any area of the ²[State of Maharashtra,]] where under the provisions of section 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 section 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 section 50 or on the date or during the greater part of the period specified under clause (b) of sub-section (1) of section 51, as the case may be, in the manner specified in sub-section (2).

¹[(1)] Whenever it shall appear in ²[Brihan Mumbai] and other areas for which a Commissioner has been appointed under section 7 to the Commissioner and in other area or areas to which the State Government may, by notification in the Official Gazette, 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 Chapter XII, XVI or XVII of the Indian Penal Code (XLV of 1860), or in the abatement 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, or ³[(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 (Mah. VII of 1981) or (2) in any manner prejudicial to the maintenance or supplies of commodities essential to the community as defined in the Explanation to sub-section (1) of section 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (7 of 1980), or (3) that an outbreak of epidemic disease is likely to result from the continued residence of an immigrant, the said office may, by an order in writing duly served on him or by beat of drum or otherwise as he thinks fit, direct such person or immigrant so to conduct himself as shall seem necessary in order to prevent violence and alarm ⁴[or such prejudicial act], or the outbreak or spread of such disease or ⁵[notwithstanding anything contained in this Act or any other law for the time being in force, to remove himself outside such area or areas in the State of Maharashtra (whether within the local limits of the jurisdiction of the officer or not and whether contiguous or not), by such route, and within such time, as the officer may specify and not to enter or return to the area or areas specified (hereinafter referred to as "the specified area or areas") from which he was directed to remove himself.]

¹[57. Removal of persons convicted of certain offences.- ²[(1)] If a person has been convicted-

¹[57A. Removal of certain persons declared to be beggars.- In area in which the Bombay Prevention of Begging Act, 1959 (Bom. X of 1960) is in force, the Commissioner or the District Magistrate having jurisdiction in that area, on receipt of a copy of the order of the Court made under clause (b) of sub-section (5) of section 5 of that Act, shall examine the person who has been directed to appear before him, and if the Commissioner or the District Magistrate is satisfied that such person is not likely to engage himself in the said area in any lawful profession, trade, calling or employment, such officer may by order in writing duly served on such person direct such person to remove himself outside the area or areas where the said Act is in force within such time as may be specified in the order and not to enter or return to the area or areas, as the case may be, from which he was directed to remove himself :

58. Period of operation of orders under section 55, ¹[56, 57 and 57A].- A direction made under section 55, ²[56, 57 or 57A] not to enter any particular area ³[or such area and any district or districts, or any part thereof, contiguous thereto, ⁴[or any specified area or areas] as the case may be,] shall be for such period as may be specified therein and shall in no case exceed a period of two years ⁵[from the date on which the person removes himself or is removed from the area, district or districts or part aforesaid] ⁶[or from the specified area or areas, as the case may be].

59. Hearing to be given before order under sections 55, ¹[56, 57 or 57A] is passed.- (1) Before an order under section 55, ²[56, 57 or 57A] 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 an explanation regarding them. If such person makes an 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 be 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 witness produced by him.

¹[(1)] Any person aggrieved by an order made under section 55, ²[56, 57 or 57A] may appeal to the State Government ³[or to such other officer as the State Government may by order specify (hereinafter referred to as "the specified officer"),] within thirty days from the date of such order.

Any order passed under section 55, ¹[56, 57 or 57A] or by the State Government under section 60 shall 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 (1) of section 59 or that there was no material before the authority concerned upon which it could have based its order or 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 section 56.

¹[(1)] If a person to whom a direction has been issued under section 55, ²[56, 57 or 57A] to remove himself from ³[any area, district or part thereof or from any specified area-]

(1) The State Government ¹[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 section 55, ²[56, 57 or 57A], to enter or return for a temporary period to ³[the area or such areas] and any contiguous districts or part thereof, ⁴[or to the specified area or areas,] as the case may be, from which he was directed to remove himself, subject to such conditions as it ⁵[or he] may by general or special order specify and which such person accepts and may, at any time, revoke any such permission.

¹[63AA. Powers of externment of State Government and officers specially empowered.- (1) The State Government or any officer specially empowered by the State Government in that behalf, may, in like circumstances and in like manner exercise the powers exercisable, ²[in any areas for which a Commissioner is appointed] by the Commissioner, and in a district by the District Magistrate, sub-Divisional Magistrate or ³[Superintendent] ⁴[* *] empowered by the State Government in that behalf, as the case may be, under section 55, ⁵[56, 57 and 57A], with this modification that ⁶[under sections 55 and 57A] it shall, be lawful for the State Government or the officer specially empowered to direct the members of ⁷[the gang or body, or person] ⁸[or persons declared to be beggars], as the case may be, to remove themselves from, and not to enter or return to, any local area, or any such areas and any districts or part thereof, whether contiguous thereto or not.

It shall be the duty of every Police officer-

(1) Every Police Officer may, subject to the rules and orders made by the State Government or by a person lawfully authorised, enter for any of the purposes referred to in section 64 without a warrant, and inspect any place of public resort which he has reason to believe is used as drinking shop, or a shop for the sale of intoxicating drugs or a place of resort of loose and disorderly characters.

It shall be the duty of every Police officer,-

It shall be the duty of a Police officer-

All persons shall be bound to conform to the reasonable directions of a Police officer given in fulfilment of any of his duties under this Act.

A Police Officer may restrain or remove any person resisting or refusing or omitting to conform to any direction referred to in section 68 and may either take such person before a Magistrate or, in trivial cases, may release him when occasion is past.

Whenever a notification has been duly issued under section 37 or an order has been made under section 38 or 39, it shall be lawful for any Magistrate in a District or Police Officer to require any person acting or about to act contrary thereto to desist or to abstain from so doing, and, in case of refusal or disobedience, to arrest the person offending. Such Magistrate or Police Officer may also seize any object or thing used or about to be used in contravention of such notification, or order as aforesaid, and the thing seized shall be disposed of according to the order of any District Magistrate having jurisdiction at the place.

71. Duty of Police to see orders issued under section 43, 55, 56, ¹[57, 57A or 63AA] are carried out.- It shall be the duty of the Police to see that every regulation and direction made by any authority under section 43, 55, 56, ²[57, 57A or 63AA] is duly obeyed, to warn persons who from ignorance fail to obey the same and to arrest any person who wilfully disobeys the same.

Any Police officer may, without any order from a Magistrate and without a warrant, arrest-

Any Police officer may, without an order from a Magistrate and without a warrant, arrest any person committing in his presence any offence punishable under ¹[clause (a), (b) , (c), (d), (e), (f), (g), (h), (i), (j), (k), or (m) of sub-section (1) of section 11 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960)].

[Extension of section 6B of Act XI of 1890 as in force in pre-Reorganisation State to rest of the State for the purposes of sections 74 to 77]. Deleted by Mah. 24 of 1964, s. 3.

74. Powers with regard to offences under ¹[Act LIX of 1960].- When in respect of an animal an offence under ²[sub-section (1) of section 11 or section 12 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960) (hereinafter in this section and in sections 75 and 77 referred to as the said Act)] has been committed, of when there is reasonable ground for suspecting that such offence has been committed, a Police officer may-

When an animal is brought before a Magistrate under section 74, the Magistrate may direct the animal to be returned to the person from whose possession it was taken, on such person giving security to the satisfaction of the Magistrate, binding himself to produce the animal when required, or may direct that the animal shall be sent for treatment and care to an infirmary and be there detained as provided in ¹[section 35] of the said Act or may make such order as he thinks fit regarding the disposal or custody and production of the animal.

The veterinary officer before whom an animal is brought under section 74 shall with all convenient speed examine the same and draw up a report of such examination. A copy of the report shall be delivered free of charge to the accused person, if he applies for it.

77. Animal to be dealt with under ¹[Act LIX of 1960].- When under section 74 a Police officer directs that an animal shall be sent for detention in a dispensary or any suitable place before its production before a Magistrate or under section 74 a Magistrate directs that an animal shall be sent for treatment and care to an infirmary and be detained therein, the provisions of ²[section 35] of the said Act, shall so far as may be, apply.

When a Police officer in good faith suspects that any animal being employed in any work or labour is, by reason of any sore, unfit to be so employed, he may require the person in charge of such animal to unsaddle or unload it for the purpose of ascertaining whether any sore exists and, if any person refuses to do so, may himself unsaddle or unload the animal or may cause the same to be unsaddled or unloaded.

¹[79. Power of Police to arrest without warrant when certain offences committed in his presence.- Any Police officer may, without an order from a Magistrate and without a warrant, arrest any person committing in his presence any offence punishable under section 117 or section 125 or section 130 or sub-clause (i), (iv) or (v) of section 131 or clause (i) of section 135 in respect of contravention of any order made under section 39 or 40].

(1) Any Police officer specially employed in this behalf by a competent authority may arrest without warrant for an offence specified in section 110.

A Police officer may arrest without warrant any person committing in his presence in any street or public place any non-cognizable offence punishable under this Act, or under any rule thereunder and for which no express provisions has been made elsewhere or under any other law for the time being in force, if such person-

(1) The Police shall take temporary charge-

(1) ²[In any area under the charge of a Commissioner] if any property of the nature referred to in section 82 appears to have been left by a person who has died intestate, and not to be under four hundred rupees in value, the Commissioner shall communicate with the Administrator-General with a view to its being dealt with under the provisions of the Administrator-General’s Act, 1913 (II of 1913), or other law for the time being in force.

If the property regarding which a report is made to a Magistrate under section 83 or under section 19 of the Bombay Village Police Act, 1867 (Bom. VIII of 1867), ¹[or of that Act as in force in Kutch area of the State of Bombay, or under section 21 of the Saurashtra Village Police Ordinance, 1949 (Saur. Ord. XXXI of 1949),] appears to such Magistrate to have been left by a person who has died intestate and without known heirs and to be likely, if sold in public auction, to realise more than, four hundred rupees net proceeds, he shall communicate with the District Judge with a view to its being dealt with under the provisions of section 10 of Bombay Regulation VIII of 1827 (Regulation to provide for the formal recognition of heirs, etc.) or other law in force.

(1) In any case not covered by section 83 or 84, the Commissioner ¹[the Superintendent] or the Magistrate concerned, as the case may be, shall issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto appear before himself or some other officer whom he appoints in this behalf and establish his claim within ²[two months] from the date of such proclamation.

(1) The Commissioner ¹[or, the Superintendent] or the Magistrate concerned, as the case may be shall on being satisfied of the title of any claimant to the possession or administration of the property specified in the proclamation issued under sub-section (1) of section 85, order the same to be delivered to him, after deduction or payment of the expenses properly incurred by the Police in the seizure and detention thereof.

If no person establishes his claim to such property within the period specified the proclamation it shall be at the disposal of the State Government, and the property or such part, thereof as has not already been sold under sub-section (2) of section 85, may be sold by auction under the orders of the Commissioner, ¹[or, the Superintendent] or the Magistrate concerned, as the case may be.

88. Procedure not affected by Indian Succession Act or Administrator General's Act or Regulation VIII of 1827 ¹[or corresponding law].- Nothing in the Indian Succession Act, 1925 (XXXIX of 1925) or in the Administrator General’s Act, 1913 (III of 1913), shall apply to intestate property which is dealt with by the Commissioner under sub-section (1) of section 85, nor shall the provisions of section 10 of Regulation VIII of 1827, ²[or of any corresponding law in force] likewise be deemed to apply to intestate property which is dealt with by a Magistrate under sub-section (1) of section 85.

¹[In any areas outside the charge of a Commissioner] a Police officer may take charge of any animal falling under the provisions of the Cattle Trespass Act, 1871 (I of 1871), ²[ ³ * * * * *] or, as the case may be, under the Hyderabad Cattle Trespass Act (Hyd. V of 1337 F),] which may be found straying in a street, and may take or send the same to the nearest pound, and the owner and other persons concerned shall thereon become subject to the provisions of the ⁴[relevant Act.]

(1) ¹[In any area ²[(other than ³[Brihan Mumbai])] under the charge of a Commissioner], the Commissioner ⁴[* * * *] shall, from time to time, appoint such places as he thinks fit to be public pounds, and may appoint to be keepers of such pounds Police officers of such rank as may be approved by the State Government.

¹[90A. Penalty for allowing cattle to stray in to street or trespass upon private or public property.- (1) whoever in ²[any area ³[ (other than ⁴[Brihan Mumbai ])] under the charge of a Commissioner] allows any cattle which are his property or in his charge to stray in any street or to trespass upon any private or public property shall, on conviction, be punished-

It shall be the duty of every Police officer, and it shall be lawful for any other person, to seize, and take to any such public pound for confinement therein, any cattle found straying in any street or trespassing upon any private or public property in ¹[any area ²[(other than ³[Brihan Mumbai])] under the charge of a Commissioner] ⁴* * * * *.

If the owner of the cattle impounded under section 91 or his agent appears and claims the cattle, the pound-keeper shall deliver them to him on payment of the pound-fees and expenses chargeable in respect of such cattle under section 94.

(1) If within ten days after an animal has been impounded no person appearing to be the owner of such animal offers to pay the pound-fee and expenses chargeable under section 94, such animal shall be forthwith sold by auction, and the surplus remaining after deducting the fee and expenses aforesaid from the proceeds of the sale shall be paid to any person who, within fifteen days after the sale, proves to the satisfaction of such officer as the Commissioner authorises in this behalf ¹* * * that he was the owner of such animal, and shall in any other case, form part of the consolidated fund of the State.

(1) The pound-fee chargeable shall be such as the State Government may, from time to time by notification in the Official Gazette, specify for each kind of animal ¹* * *.

(1) Notwithstanding anything contained in section 153 of the ¹Code of Criminal Procedure, 1898 (V of 1898), any Police officer generally or specially deputed, in ²[any area under the charge of a Commissioner], by the Commissioner and elsewhere, by the ³[Superintendent] or any other officer specially empowered in that behalf by the State Government, may without warrant enter any shop or premises for the purpose of inspecting or searching for any weights or measures or instruments for weighing or measuring used or kept therein.

(1) Notwithstanding anything contained in sections 129, 130, sub-section (2) of section 167, and section 173 of the ¹Code of Criminal Procedure, 1898 (V of 1898)-

A Police officer of rank superior to that of constable may perform any duty assigned by law or by a lawful order to any officer subordinate to him ; and in case of any duty imposed on such subordinate, a superior where it shall appear to him necessary, may aid, supplement, supersede or prevent any action of such subordinate by his own action or that of any person lawfully acting under his command or authority, whenever the same shall appear necessary or expedient for giving more complete or convenient effect to the law or for avoiding an infringement thereof.

(1) The State Government may, by notification in the Official Gazette, declare any specified service to be an essential service to the community :

No person shall-

No person shall cause obstruction, damage, injury, danger, alarm or mischief in any street or public place,-

No person shall in any street or public place expose for hire or sale any animal or vehicle, clean any furniture or vehicle, or clean or groom any horse or other animal, except at such times and places as a competent authority permits, or shall train or break in any horse or other animal or make any vehicle or any part of a vehicle, or except when in the case of an accident repairing on the spot is unavoidable, repair any vehicle or part of a vehicle or carry on therein any manufacture or operation so as to be a serious impediment to traffic or a serious annoyance to residents or to the public.

No person shall cause obstruction in any street or public place by allowing any animal or vehicle which has to be loaded or unloaded, or to take up or set down passengers, to remain or stand therein longer than may be necessary for such purpose, or by leaving any vehicle standing or fastening any cattle therein, or using any part of a street or public place as a halting places for vehicle or cattle, or by leaving any box, bale, package or other thing whatsoever in or upon a street for an unreasonable length of time or contrary to any regulation made and published by a competent authority by exposing anything for sale or setting out anything for sale in or upon any stall, booth, board, cask, basket or in any other way whatsoever.

No person shall drive, ride, lead, propel or leave on any footway any animal or vehicle other than a perambulator or fasten any animal so that the same can stand across or upon such footway.

No person shall exhibit, contrary to any regulation made and notified by ¹[the Revenue Commissioner or the Commissioner] or a District Magistrate, as the case may be, any mimetic, musical or other performances of a nature to attract crowds or carry or place bulky advertisements, pictures, figures or emblems in any street or public place whereby an obstruction to passengers or annoyance to the inhabitants may be occasioned.

No person shall slaughter any animal, clean a carcass or hide, or bathe or wash his person in or near to and within sight of a street or public place (except at a place set apart for the purpose by order of a competent authority) so as to cause annoyance to the neighbouring residents or to passers by.

No person shall in any street or public place (A) negligently let loose any horse or other animal, so as to cause danger, injury, alarm or annoyance, or suffer a ferocious dog to be at large without a muzzle or (B) set on or urge a dog or other animal to attack, worry or put in fear any person or horse or other animal.

No person shall bathe or wash in or by the side of a public well, tank , or reservoir not set apart for such purposes by order of a competent authority, or in or by the side of any pond, pool, aqueduct, part of a river, stream, nala or other source or means of water-supply in which such bathing is forbidden by order of the competent authority.

No person shall defile or cause to be defiled, the water in any public well, tank, reservoir, pond, pool, aqueduct or part of a river, stream, nala or other source or means of water-supply, so as to render the same less fit for any purpose for which it is set apart by the order of the competent authority.

No person shall obstruct or incommode a person bathing at a place set apart for the purpose by the order of the competent authority under section 107 by wilful intrusion or by using such place for any purpose for which is not so set apart.

No person shall wilful and indecently expose his person in any street or public place or within sight of and in such manner as to be seen from, any street or public place, whether from within any house or building or not, or use indecent language or behave indecently or riotously, or in a disorderly manner in a street or place of public resort or in any office, station or station house.

No person shall wilfully push, press, hustle or obstruct any passenger in a street or public place or by violent movements, menacing gestures, wanton personal annoyance, screaming, shouting, wilfully frightening horses or cattle or otherwise disturb the public peace or order.

No person shall use in any street or public place any threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned.

No person shall fly a kite so as to cause danger, injury or alarm to persons ¹[horses] or property.

[Begging and exposing offensive ailments] Repealed by Bom. X of 1960, S.2 (14), Schedule.

No person shall in or near to any street, public place or place of public resort-

No person shall, in any Court, Police Station, Police office, building occupied by Government or building occupied by any public body, smoke or spit in contravention of a notice by a competent authority in charge of such place and fixed to such Court, Station, office or building.

Any person who contravenes any of the provisions of sections 99 to 116 (both inclusive) shall, on conviction, be punished with fine which may extend to ¹[twelve hundred rupees].

(1) In any local area in which the State Government by notification in the Official Gazette brings this section into force, whoever through neglect or otherwise fails to keep in confinement or under restrain between one hour after sunset and sunrise any cattle which are his property or in his charge shall, on conviction, ¹[be punished,-

Whoever in any place ¹[in any area for which a Commissioner has not been appointed] cruelly beats, goads, overworks, ill-treats or tortures, or causes or procures to be cruelly beaten, goaded, over-worked, ill-treated or tortured any animal, shall, on conviction, be punished with imprisonment which may extend to one month or with fine which may extend to ²[two thousand five hundred rupees,] or with both.

Whoever without satisfactory excuse wilfully enters or remains in or upon any dwelling house or premises or any land or ground attached thereto, or on any ground, building, monument or structure belonging to Government or appropriated to public purposes, or on any boat or vessel, shall, on conviction, whether he causes any actual damages or not, be punished with fine which may extend to ¹[five thousand rupees].

Whoever knowingly gives or causes to be given a false alarm of fire to the fire brigade of a municipality or corporation or to any officer or fireman thereof whether by means of a street fire-alarm, statement, message or otherwise, or with intent to give such false alarm, wilfully breaks the glass of, or otherwise damages a street fire-alarm, shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to ¹[three hundred rupees] or with both.

Whoever is found between sunset and sunrise-

Whoever not being a member of the armed forces of the Union and acting as such or a Police Officer, goes armed with any sword, spear, bludgeons, gun or other offensive weapon or with any explosive or corrosive substance in any street or public place unless so authorised by lawful authority, shall be liable to be disarmed by any Police Officer, and weapon or substance so seized shall be forfeited to the State Government, unless redeemed within two months by payment of such fine not exceeding ¹[twelve thousand five hundred rupees] as the Commissioner or the District Magistrate in areas under their respective charges imposes.

Whoever has in his possession or conveys in any manner, or offers for sale or pawn, anything which there is reason to believe is stolen property or property fraudulently obtained, shall, if he fails to account for such possession or to act to the satisfaction of the Magistrate, on conviction, be punished with imprisonment for a term ¹[which may extend to one year but shall not, except for reasons to be recorded in writing, be less than one month and shall also be liable to fine which may extend to ²[five thousand rupees]].

Whoever-

Whoever, being a pawn-broker, dealer in second-hand property, or worker in metals, or reasonably believed by the Commissioner, or ²[Superintendent], in the areas under their respective charges to be such a person, and having received from a Police officer written or printed information that the possession of any property suspected to have been transferred by any offence mentioned in section 410 of the Indian Penal Code (XLV of 1860), or by any offence punishable under sections 417, 418, 419 or 420 of the said Code, is found in possession or thereafter comes into the possession, or has an offer either by way of sale, pawn, exchange or for custody, alteration or otherwise howsoever, made to him, of property answering the description contained in such information, shall, unless-

Whoever, having received such information as is referred to in section 126, alters, melts, defaces or puts away or causes or suffers to be altered, melted, defaced or put away without the previous permission of the Police any such property, shall, on proof that the same was stolen property within the meaning of section 410 of the Indian Penal Code (XLV of 1860), or property in respect of which any offence punishable under sections 417, 418, 419 or 420 of the said Code has been committed, be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

Whoever takes from any child not appearing to be above the age of fourteen years any article whatsoever as a pawn, pledge or security for any sum of money lent, advanced or delivered to such child, or without the knowledge and consent of the owner of the article buys from such child any article whatsoever, shall, on conviction, be punished with fine which may extend to ¹[two thousands rupees].

Whoever, being the keeper of any place of public amusement or entertainment, knowingly permits drunkenness or other disorderly behaviour or any gaming whatsoever, in such place, shall, on conviction, be punished with a fine which may extent to ¹[two thousand five hundred rupees].

Whoever, by any fraud or unlawful device or malpractice in playing at or with cards, dice or other game, or in taking a part in the stakes or wages, or in betting on the sides or hands of the players, or in wagering on the event of any game, sport, pastime, or exercise, wins from any other person, for himself or any other or others, any sum of money or valuable thing, shall be deemed guilty of cheating within the meaning of section 415 of the Indian Penal Code (XLV of 1860), and be liable to punishment accordingly.

¹[130A. Gambling in street.- Whoever assembles with others or joins any assembly in a street assembled for the purpose of gaming or wagering shall, on conviction, be punished with fine which may extend to ²[five hundred rupees] or may be released after a due admonition.]

¹[ ²[ Save as provided in section 131A, whoever]-

¹[131-AA. Liability of licensee of place of public entertainment for acts of servants.- The holder of a licence, granted under this Act, in respect of a place of public entertainment ²[or a place in which a dancing school is conducted] shall be responsible, as well as the actual offender, for any offence under section 131 committed by his servant or other agent acting with his express or implied permission on his behalf, as if he himself had committed the same unless he establishes that all due and reasonable precautions were taken by him to prevent the commission of such offence.]

¹[131-A. ²[Penalty for not obtaining licence in respect of place of public entertainment or certificate or registration in respect of eating house or for not renewing such licence or certificate within prescribed period.].- (1) Whoever fails to obtain a licence under this Act in respect of place of public entertainment ³[or a place in which a dancing school is conducted] ⁴[or a certificate of registration thereunder in respect of any eating house, or to renew the licence or the certificate, as the case may be,] within the prescribed period shall, on conviction, be punished with a fine which may extend to ⁵[two thousands rupees].

Whoever contravenes, disobeys, opposes, or fails to conform to an order under section 31 requiring him to vacate any premises, shall, on conviction, be punished with imprisonment which may extend to three months, or with fine which may extend to ¹[five thousand rupees] or with both.

Whoever contravenes any rule made under section 35 shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to ¹[five thousand rupees] or with both.

Whoever contravenes, disobeys, opposes or fails to conform to any order given by a Police officer under section 36 shall, on conviction, be punished with fine which may extend to ¹[five thousand rupees].

Whoever disobeys an order lawfully made under section 37, 39 or 40 or abets the disobedience thereof shall, on conviction, be punished-

Whoever contravenes any rule made under section 35 shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to ¹[five thousand rupees] or with both.

Whoever opposes, or fails to conform to any direction given by the Police under section 41 shall, on conviction, be punished with fine which may extend to ¹[five hundred rupees].

[Penalty for failure to comply with order under section 42] Deleted by Mah. 28 of 1964, s. 9.

Whoever contravenes or abets the contravention of any regulation made under section 43 shall, on conviction, be punished with imprisonment which may extend to three months or with fine which may extend to ¹[two thousand five hundred rupees] or, with both.

Whoever opposes or fails to conform to any direction given by the Police under section 68 or abets the opposition or failure to do so shall, on conviction, be punished with fine which may extend to ¹[five hundred rupees].

141. Penalty for contravention of directions under section 55, 56, ¹[57, 57A or 63AA].- Whoever opposes or disobeys or fails to conform to any direction issued under section 55, 56 ²[57, 57A or 63AA] or abets opposition to or disobedience of any such direction shall, on conviction, be punished with imprisonment which may extend to one year but shall not, except for reasons to be recorded in writing, be less than four months, and shall also be liable to fine.

¹[142. Penalty for entering without permission area from which a person is directed to remove himself or overstaying when permitted to return temporarily, ²[or for failure to report place or residence or departure or arrival.].- Without prejudice to the power to arrest and remove a person in the circumstances and in the manner provided in section 62, any person who-

Whoever fails without sufficient cause to surrender in accordance with sub-section (3) of section 63 shall, on conviction, be punished with imprisonment which may extend to two years and shall, also be liable to fine.

¹[143A. Penalty for contravention of order under section 63A.- (1) Whoever contravenes any order made under sub-section (1) of section 63A shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine or with both.

¹[143B. Dangerous performances.- (1) No person shall without the previous permission of the Commissioner or the District Magistrate, as the case may be, and except in accordance with any conditions subject to which such permission is granted hold or give in any place which is likely to cause an assembly of person, any performance in which or during which he buries himself underground, or seals himself in receptacle or other thing, in such manner as to prevent all access of air to him and for such time as would ordinarily result in death by suffocation.

Any person who having been appointed a Special Police officer under section 21 shall, without sufficient cause, neglect or refuse to serve as such or to obey any lawful order or direction that may be given to him for the performance of his duties, shall, on conviction, be punished with fine which may extend to ¹[two thousand rupees].

(1) Any person who makes a false statement or uses a false document for the purpose of obtaining employment or release from employment as a Police officer, or br

Any Police officer, who wilfully neglects or refuses to deliver up his certificate of appointment or of office or any other article, in accordance with the provision of sub-section (1) of section 30, shall on conviction, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

Any Police officer who-

Any Police officer who vexatiously and unnecessarily delays forwarding any person arrested to a Magistrate or to any other authority to whom he is legally bound to forward such person, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both.

Whoever opposes or fails forthwith to comply with any reasonable direction given by a Magistrate or a Police officer under section 70 or abets opposition thereto or failure to comply therewith, shall, on conviction, be punished with imprisonment for a term which may extend to one year but shall not except for reasons to be recorded in writing be less than four months and shall also be liable to fine.

¹[149A. Penalty for unauthorised use of Police uniform.- If any person not being a member of the Police Force, wears, without the permission of an officer authorised by the State Government in this behalf by a general or special order for any area ²[in the ³[State of Maharashtra]] the uniform of the Police Force or any dress having the appearance or bearing any of the distinctive marks of that uniform, he shall, on conviction, be punished with fine which may extend to ⁴[two thousand rupees].]

Offences against this Act, when the accused person or any one of the accused persons is a Police officer above the rank of a constable, shall not be cognizable except by a Presidency Magistrate or a Magistrate not lower than a Second Class Magistrate.

It will not, except in obedience to a rule or order made by the State Government or by the competent authority, be incumbent on the Police to prosecute for an offence punishable under section 117, 119, 131, 134, 137, 139, 140 or 144 when such offence has not occasioned serious mischief and has been promptly desisted from on warning given.

¹[151A. Summary disposal of certain cases.- (1) ²[A Court] taking cognizance of an offence punishable under section 117, or under ³[sub-clauses] (iii), (iv) or (v) of section 131, may State upon the summons to be served on the accused person that he may, by a specified date prior to the hearing of the charge plead guilty to the charge by registered letter and remit to the Court such sum, not exceeding ⁴[two thousand rupees], as the Court may specify.

Nothing in this Act shall be constructed to prevent any person form being prosecuted and punished under any other enactment for any offence made punishable by this Act or from being prosecuted and punished under this Act for an offence punishable under any other enactment :

All fees paid for licences or written permissions 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 :

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 ¹[by members of the Police Force for the convenient performance of their duties, in any area of the ²[Bombay area of the State of Maharashtra excluding] ³[Brihan Mumbai], and also in such of the remaining areas of the ⁴[State of Maharashtra] as may be notified by the State Government in the Official Gazette].

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

157. Presumption in prosecutions for contravention of directions issued under section 55, 56, ¹[57, 57A or 63AA].- Notwithstanding anything contained in any law for the time being in force, in a prosecution or an offence for the contravention of a direction issued under section 55, 56, ²[57, 57A or 63AA] 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-

¹[157A. Officers holding charge of or succeeding to vacancies competent to exercise power.- Whenever in consequence of the office of a Commissioner, Magistrate or Police officer becoming vacant, any officer holds charge of the post of such Commissioner, Magistrate or Police officer or succeeds, either temporarily or permanently, to his office, such officer shall be competent to exercise all the powers and perform all the duties respectively conferred and imposed by this Act on such Commissioner, Magistrate or Police officer, as the case may be.]

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

¹[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 of 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.

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 ¹[within the prescribed period].- (1) In any case of alleged offence by ²[the Revenue Commissioner, the Commissioner], a Magistrate, Police officer or other person, or of a wrong alleged to have been done by ³[such Revenue Commissioner, 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 or suit shall not be entertained, or shall be dismissed, if instituted, more than six months after the date of the act complained of :

(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 shall be charged therefor as is prescribed by any rule under this Act in that behalf.