The Bombay State Commissioners of Police Act, 1959

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Bombay Highways Act, 1955
[1955 : Bom.LV

GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
BOMBAY ACT NO. LVI OF 1959
THE BOMBAY STATE COMMISSIONERS OF POLICE
ACT,1959
(As modified upto the 31st October, 2006)
Bombay Highways Act, 1955
[1955 : Bom.LV

THE BOMBAY STATE COMMISSIONERS OF POLICE ACT, 1959.
....................................
CONTENTS
PREAMBLE PAGE NO.
SECTIONS.
1. Short title, extend and commencement. 1
2. Definitions. 1
3. Amendment of enactments power of State Government 1
to confer powers and impose duties on Commissioner of
Police under any law.

4. Existing appointments, notification etc., by District Superintendent 2
of Police and, where District Magistrate’s powers are conferred
in substitution on Commissioner of Police, by District Magistrate,
to be deemed to have been made by Commissioner of Police
.
5. Construction of references to District Superintendent of 2
Police in existing laws.
6. Construction of references to District Superintendent of 2
Police and District Magistrate in instruments of documents.

7. Pending proceedings before District Superintendent of Police 3
and District Magistrate.
8. Pending legal proceedings. 3
9. Power to remove difficulties. 3
SCHEDULE.

Bombay Highways Act, 1955
[1955 : Bom.LV

BOMBAY ACT No. LVI OF 1959.1
[THE BOMBAY STATE COMMISSIONERS OF POLICE ACT, 1959.]
[14th October, 1959]
An Act to make provisions for matters consequent on appointment a Commissioner of
Police for any area in the State of Bombay outside Greater Bombay.
WHEREAS it is expedient to make provisions for matters consequent on appointment of
a Commissioner of Police for any area in the State of Bombay outside Greater Bombay :
It is hereby enacted in the Tenth Year of the Republic of India as follows :-
1. (1) This Act may be called the Bombay State Commissioners of Police Act,
1959.
(2) It expends to the whole of the State of Bombay.
(3) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,-
(a) “Commissioner of Police” means the Commissioner of Police appointed
by the State Government of any area in the State of Bombay outsi de
Greater Bombay under the Bombay Police Act, 1951, and includes an
Additional Commissioner of Police and a Deputy Commissioner of Police
or Assistant Commissioner of Police who under the orders of the
commissionr of police exercises and performs any of h is powers and
duties ;
(b) “existing law” means by enactment of a Legislature or other competent
authority in relation to matters specified in Lists II and III in the Seventh
Schedule to the Constitution of India in force in any part of the State of
Bombay immediately before the commencement of this Act and
includes any rule, by -law, regulation, order, notification, scheme, form
or other instrument having the force of law made, prescribed or issued
under any such enactment ;
(c) “law for the time being in force” means any la w relating to matters
enumerated in Lists II and III in the Seventh Schedule to the Constitution
Short title extent
and
commencement.
Definitions.
Bom. XXII of
1951.
Bombay Highways Act, 1955
[1955 : Bom.LV
of India and for the time being in force in any part of the State of
Bombay ;

(d) “Schedule” means the Schedule appended to this Act.
3. (1) For the purpose of conferring powers and imposing duties on a
Commissioner of Police and for certain other purposes, the enactments
specified in column 1 of the Schedu le shall be amended in the manner
and to the extend specified in column 2 thereof.
(2) The Commissioner of Police appointed under the Bombay Police Act,
1951, as amended by the Schedule shall exercise the powers and
discharge the duties conferred and imposed on the Commissioner of
Police for a presidency town or Greater Bombay by any law for the time
being in force, including the enactments referred to in sub-section (1) as
amended by the Schedule.
(3) The State Government may by notification in the Official Gazette amend
or delete any entry in the Schedule for the purpose of imposing any
conditions or restrictions on the exercise of powers and discharge of
duties conferred or imposed on the Commissioners of Police or
withdraw them, as the case may be, and the Schedule shall be amended
accordingly.
(4) The State Government may confer and impose on the Commissioner of
Police powers and duties under any other enactment for the time being
in force and for that purpose may, by a notification in the Official
Gazette, add to or specify in the Schedule the necessary adaptation and
modifications in that enactment by way of amendment ; and
thereupon-
(a) every such enactment shall accordingly be amended and have
effect subject to the adaptations and modifications made, and
(b) the Schedule shall be deemed to be amended by the inclusion
therein the said provision for amending the enactment.
(5) The State Government may at any time in like manner cancel a
notification under sub -section (4), and thereupon the relevant
enactment shall stand unamended by the cancelled notification and the
Schedule shall be altered accordingly.
Amendment of
enactments; power of
State Government to
confer powers and
impose duties on
commissioner of
Police under any law.
Bom. XXII of 1951.
Bombay Highways Act, 1955
[1955 : Bom.LV
4. On the appointment of the C ommissioner of Police for any area, any
appointment, notification, order, rule, regulation, by -law, form, licence,
instrument or document made, prescribed, issued or executed or deemed to
have been made, prescribed, issued or executed by the District Super intendent
of Police and, where any powers, and duties of a District Magistrate are
conferred in substitution on a Commissioner of Police by virtue of this Act or
any enactment in the Schedule, by the District Magistrate, shall be deemed to
have bee made, p rescribed, issued or executed by the Commissioner or Police
and continue in operation unless and until it is superseded or modified by the
Commissioners of Police.
5. Subject to the provisions made in the Schedule, when a Commissioner of Police
in appointed for any area, all existing laws shall, unless the context otherwise
requires, for the purposes of that area be construed as it references therein to
the District Suprentend ent of Police were references to the Commissioner of
Police.
6. All instruments or documents executed or made before the appointment of a
Commissioner of Police for any area under or with reference to any existing law
or any enactment specified in the Schedule shall, unless the contest otherwise
requires, be construed as if reference therein to the District Superintendent of
Police or, where any powers and duties of a District Magistrate are conferred in
substitution on a Commissioner of Police by virtue of this Act or any enactment
in the Schedule, to the District Magistrate, were references to the
Commissioner of Police for that area.
7. All proceedings, including proceedings by way of appeals, revision or review,
pending under any existing law before the District Superintendent of Police or,
where any powers and duties of a District M agistrate, are conferred in
substitution on a Commissioner of Police by virtue of this Act or any enactment
in the Schedule, before the District Magistrate, immediately before the date of
appointment of the Commissioner of Police for any area, shall be transferred to
the Commissioner of Police for that area for disposal according to law.
8. If on the date of appointment of a Commissioner of Police for any area, any
legal proceedings are pending to which a District Superintendent o r Police is a
party or, where any powers and duties of a District Magistrate are conferred in
substitution on a Commissioner of Police by virtue of this Act or any enactment
in the Schedule, a District Magistrate for that area is a party, the Commissioner
of Police shall be substituted for the District Superintendent of Police or, as the
case may be, for the District Magistrate in the said proceedings.
Existing appointments,
notifications, etc., by
District Superintendent
of Police and, where
District Magistrate’s
powers are conferred in
substitution on
Commissioner of Police,
by District Magistrate,
to have been made by
Commissioner of Police.
Construction of
references to District
Superintendent of
Police in existing
laws.
Construction of
references to District
Superintendent of
Police in existing
laws.
Pending proceedings
before District
Superintendent of
Police and District
Magistrate.
Pending legal
proceedings.
Bombay Highways Act, 1955
[1955 : Bom.LV
9. If any difficulty arises in giving effect to the provisions of this Act, the State
Government may by order do anything not inconsistent with such provisions
which appears to it to be necessary or expedient for the purpose of removing
the difficulty.

SCHEDULE
(See section 3.)
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The Bombay Police Act, 1. In section 2, in clause (5), for the words “Greater
1951 (Bom. XXII of Bombay” the words and figure “any area for which
1951). a Commissioner of Police has been appointed under
section 7” shall be substituted.
2. In section II,-
(a) in sub -section (1), for the words “for Greater
Bombay” the words and figure “for any area for
which a Commissioner of Police has been appointed
under section 7” shall be substituted ;
(b) for the marginal note, the following shall be
substituted, namely :-
“Superintendents within jurisdiction of
Commissioners.”
3. In section 12, in sub-section (1),-
(a) for the words “for Greater Bombay” the words “for
any area” shall be substituted ;
(b) for the words “within the Greater Bombay” the
words “within the area under his charge” shall be
substituted.
4. In section 33, in sub-section (4), for the words “any area
outside Greater Bombay” the words “any area which is
not under the charge of a Commissioner” shall be
substituted.
5. In section 63AA, in sub -section (1), for the words “in
Greater Bombay” the words “in any area for which a
Commissioner is appointed” shall be substituted.
6. In section 82, in sub -section (2) for the words “In
Greater Bombay” the words “In any area for which a
Commissioner has b een appointed” shall be
substituted.
7. In section 83;
Power to remove
difficulties.
Bombay Highways Act, 1955
[1955 : Bom.LV
(a) in sub -section (1), for the words “In Greater
Bombay” the words “In any area under the charge
of a Commissioner” shall be substituted ;

(b) in sub -section (2), for the words “In areas outside
Greater Bombay” the words “In areas outside the
charge of a Commissioner” shall be substituted.
8. In section 89, for the words “In any area outside Greater
Bombay” the words “In any area outside the charge of a
Commissioner” shall be substituted.
9. In section 90, in sub -section (1), for the words “In
Greater Bombay” the words “In any area under the
charge of a Commissioner” shall be substituted.
10. In section 90A, in sub -section (1), for the words “Great
Bombay” the words “any area under the charge of a
Commissioner” shall be substituted.
11. In section 91, for the words “Greater Bombay” the
words “any area under the charge of a Commissioner”
shall be substituted.
12. In section 95, in sub -section (1), for the words “Greater
Bombay” the words “any area under the charge of a
Commissioner” shall be substituted.
13. In section 96,-
(a) in sub -section (1), in clause (i) for the words
“Greater Bombay” the words “any area unde r the
charge of a Commissioner” shall be substituted ;
(b) in sub-section (2), for the words “Greater Bombay”
the words “any area under the charge of a
Commissioner” shall be substituted ;
Bombay Highways Act, 1955
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(c) in sub -section (3), after the words “Greater
Bombay” the words “and any other area for which a
Commissioner has been appointed” shall be
inserted.
14. In section 119, for the words “outside Greater Bombay”
the words “in any area for which a Commissioner has
not been appointed” shall be substituted.

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15. The Schedule II, for the words “Greater Bombay the
following shall be substituted, namely :-
“Greater Bombay/Area under the charge of the
Commissioner for …………………………..”.
The Code of Criminal 1. In section 83, in sub-section (1), the words “in a
Procedure, 1898 (V of presidency-town” shall be deleted.
1898).
2. In section 85, the words “in a presidency -town” shall be
deleted.

3. To section 373, the following proviso shall be added,
namely :–

“Provided further that if the proceedings were
commenced in any area outside Greater Bombay for
which a Commissioner of Police has been appointed the
Court of Session shall send such copy to the
Commissioner of Police for that area.”

The Bombay Prevention 1. In section 6, in clause (i) for the words “in the Greater
of Gambling Act, 1887 Bombay” the words “in any area for which a
(Bom. IV of 1887). Commissioner of Police has been appointed” shall be
substituted.

2. In section 11, for the words “in the Greater Bo mbay”
the words “in any area for which a Commissioner of
Police has been appointed” shall be substituted.

The Bombay Public 1. In section 2, for clause (a) the following shall be
Bombay Highways Act, 1955
[1955 : Bom.LV
Conveyance Act, 1920 substituted, namely :-
(Bom. VII of 1920.) “(a) ” Commissioner of Police means-
(i) the Commissioner of Police for Greater
Bombay, and
(ii) where the rest of the Act or any portion
thereof has been extended to any other area
and a Commissioner of Police has been
appointed for that area, the Commissione r of
Police for that area ;

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and includes any person authorised by the
Commissioner of Police concerned to exercise or
perform any power or duty imposed or countere d on
him by this Act.”

2. In section 36, in sub -section (2), in clause (a), after the
word “shall” the words “where no Commissioner of
Police has been appointed” shall be inserted.

The Bombay Entertain- 1. In section 6, in sub-section (1) for the words “the
ments Duty Act, 1923 Greater Bombay” the words “any area for which a
(Bom. I of 1923). Commissioner of Police has been appointed” shall be
substituted.
2. In section 8, in sub -sction (1) for the works “in the
Greater Bombay” the words “in any area for which a
Commissioner of Police has been appointed” shall be
substituted.
The Bombay Beggars Act, In section 28, in sub-section (1) for the words “in
1945 (Bom. XXIII of 1945). the Greater Bombay” the words “in any area for which a
Commissioner of Police has been appointed” shall be
substituted.
The Bombay Provincial In section 234, for the portion beginning with the
Municipal Corporations Act, words “With the concurrence” and ending with the
1949 (Bom. LIX of 1949). words “from time to time” the fo llowing shall be
substituted, namely :-
Bombay Highways Act, 1955
[1955 : Bom.LV
“With the concurrences in any area for which a
Commissioner of Police has been appointed, of the
Commissioner of Police or any officer nominated by him
and elsewhere, of the District Magistrate or any officer
nominated by him.”
The Indian Lunacy Act, In section 17,-
1912 (IV of 1912).
(a) for the words “in the Presidency -towns” the words “in
the areas for which the Commissioners of Police have
been appointed” shall be substituted ;
(b) for the words “ any of the Presidency -towns” the words
“any of the said areas” shall be substituted;
(c) in the marginal note, for the words “in the Presidency -
town” the words “in the area under his charge” shall be
substituted.

The Identification of In section 7, for the words “in Greater Bombay” the words
Prisoners Act, 1920 “in any area for which a Commissioner of Police has been
(XXXIII of 1920). appointed” shall be substituted.

The Police (Incitement In section 5, after the words “a Presidency-town” the
to Disaffection) Act, words “or any other area under the charge of a
1922 (XXII of 1922). Commissioner of Police,” shall be inserted.

The Prevention of Corruption Act, 1947 (II of 1947.) In
section 5A, in clause (b) after the words “presidency town of
Bombay” the words “and any other area for which a
Commissioner of Police has been appointed” shall be
inserted.

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1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1959, Part V, page
597.

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