LexThe Maharashtra State Reserve Police Force Act.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1951 : XXXVIII] 1
THE MAHARASHTRA STATE RESERVE POLICE FORCE ACT
[Text as on 16th May 2024]
—————
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, extent, commencement and application.
2. Definitions.
3. Constitution of the State Reserve Police Force.
4. Superintendence, control, and administration of Force.
5. Appointment of Commandant, Assistant Commandants and Adjutant.
5A. Appointment of Company Commanders and Commanders of Head Quarters Wings.
6. Enrolment.
7. Transfer.
8. Certificate of appointment to certain reserve police officers, when it is to be returned
back.
9. General powers of Commandant.
10. General duties of members of State Reserve Police Force.
11. Reserve police officer to be deemed to be in charge of police station, Circumstances
under which reserve police officer entitled to use force.
12. Offence in respect of resignation contrary to provisions.
13. Offence in respect of refusal to deliver certificate of appointment, etc.
14. More heinous offences.
15. Less heinous offences.
16. Reserve police officer in command to give information of commission of offence under
Act by Reserve police officer under his charge.
17. Place of imprisonment and liability to dismissal on imprisonment.
18. Minor punishments.
19. Every reserve police officer to be police officer as defined in Bom. XXII of 1951.
20. Protection for acts of members of Force.
21. Power to make rules.
22. Repeal and saving.
SCHEDULE A
SCHEDULE B
2 The Maharashtra State Reserve Police Force Act [1951 : XXXVIII
1951 : XXXVIII] The Maharashtra State Reserve Police Force Act 3
LIST OF AMENDMENT ACTS
1. Amended by Bom. 48 of 1954
2. Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects)
Order, 1956.
3. Amended by Bom. 74 of 1958
4. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
5. Amended by Mah. 46 of 1962
6. Amended by Mah. 30 of 1964
7. Amended by Mah. 24 of 2012
4 The Maharashtra State Reserve Police Force Act [1951 : XXXVIII
1951 : XXXVIII] The Maharashtra State Reserve Police Force Act 5
ACT No. XXXVIII OF 19511
[THE MAHARASHTRA STATE RESERVE POLICE FORCE ACT.]2
[This Act received the assent of the Governor on the 18th October 1951; assent was first published,
in the Bombay Government Gazette, on the 23rd October 1951.]
An Act to provide for the constitution and regulation of an armed
Reserve Police Force in the State of Bombay.
WHEREAS it is expedient to provide for the constitution and regulation of an armed Reserve
Police Force in the State of Bombay; It is hereby enacted as follows :—
1. Short title, extent, commencement and application. — (1) This Act may be called 3[the
Maharashtra State Reserve Police Force Act].
4[(2) It extends to the whole of the 5[State of Maharashtra.]
(3) It shall come into force 6[in the pre -Reorganisation State of Bombay] on such date7 as the
State Government may, by notification in the Official Gazette 8[appoint in this behalf ; and in that part
of the State to which it is extended by the Bombay State Reserve Police Force (Extension and
Amendment) Act, 1958 (Bom. LXXIV of 1958) , it shall come into force on such other 9date as that
Government may, by like notification, appoint].
(4) It shall apply to the members of the State Reserve Police Force, wherever they may be.
2. Definitions.— In this Act, unless there is anything repugnant in the subject or context,—
(a) “active duty” means—
(i) the duty to 10[prevent or] investigate offences involving a breach of peace or danger
to life or property and to search for and apprehend persons concerned in such offences or
who are so desperate and dangerous as to render their being at large hazardous t o the
community ;
(ii) the duty to take all adequate measures for the extinguishing of fires or to prevent
damage to person or property on the occasion of such occurrences as fires, f loods,
earthquakes, enemy action or riots and to restore peace and preserve order on s uch
occasions ;
(iii) such other duty as may be specified to be active duty by the State Government or
the Inspector-General in a direction issued under section 10 ;
(b) “Commandant” and “Assistant Commandant ” mean respectively perso ns appointed to
those offices by the State Government under section 5 ;
(c) “Commissioner of Police” and “ Deputy Commissioner ” mean s respectively a
Commissioner of Police and a Deputy Commissioner of Police appointed under the 11Bombay
Police Act, 1951 (Bom. XXII of 1951) ;
1 For S tatement of Objects and Reasons of the L. A. Bill No. XLIV of 1951 , see Bombay Government Gazette 1951,
Extraordinary, Part V, dated 28th August 1951, page 320.
2 This Act was extended to that part of the State of Bombay to which, immediately before the commencement of Bom. 74
of 1958, it did not extend (vide Bom. 74 of 1958, s. 2).
3 The short title of the Act was amended by Mah. 24 of 2012, Sch. entry 46, w.e.f. 1-5-1960.
4 This sub-section was substituted for the original by Bom. 74 of 1958, s. 3(1).
5 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
6 These words were inserted by Bom. 74 of 1958, s. 3(2) (a).
7 1st December 1954 vide G.N.,H.D., No. 1193/6-II, dated 25th November 1954.
8 These words, brackets and figures were substituted for the words “appoint in this behalf”, Bom. 74 of 1958, s.3 (2) (b).
9 1st October 1959 vide G.N.,H.D., No. SRF. 1757/10893, dated 21th September 1959.
10 These words were inserted, by Bom. 74 of 1958, s. 4.
11 Short title of the Act has been amended as “the Maharashtra Police Act” by Mah. 24 of 2012, Ss. 2 and 3, Schedule,
entry 45, w.e.f. 1st May 1960.
6 The Maharashtra State Reserve Police Force Act [1951 : XXXVIII
(d) “Follower ” means any person appointed to do the work of a cook, mess servant,
washerman, cobbler, barber, tailor, sweep er or an orderly in connection with the State Reserve
Police Force ;
(e) “members of the subordinate ranks” means members of t he State Reserve Police Force
below the rank of 1[2[Company Commander] or Commander of Head Quarters Wing] ;
(f) “Police Officer ” means every police officer as defined by the Police Act, 1861 (V of
1861) or the 3Bombay Police Act, 1951 (Bom. XXII of 1961) ;
(g) “prescribed” means prescribed by rules made under this Act ;
(h) “reserve police officer” means any member of the State Reserve Police Force established
under this Act ;
(i) “superior officer” means in relat ion to any reserve police office r a reserve po lice officer
of a higher rank than, or of a higher grade in the same class as, or of the same rank as but senior
to, himself ;
(j) the words and expressions used herein and which are defined in the Indian Penal Code
(XLV of 1860), 4the Code of Criminal Procedure, 1898 (V of 1898), and the 5Bombay Police Act,
1951 (Bom. XXII of 1951) , and not hereinbefore defined, shall have the meani ngs respectively
assigned to them in those enactments.
3. Constitution of the State Reserve Police Force. — (1) In addition to the Police Force
constituted under the 6Bombay Police A ct, 1951 (Bom. XXII of 1951) , the State Government may
establish and maintain an armed reserved police force known as the State Reserve Police Force.
(2) The State Reserve Police Force shall be established and maintained in such manner as may be
prescribed.
(3) Subject to the provisions of this Act, the pay, pension and other conditions of service of
members of the State Reserve Police Force shall be suc h as may be determined by the State
Government:
Provided that nothing in this section shall apply to the pay, pension and other conditions of
service of the members of the Indian Police or the Indian Police Service who may be transferred to the
State Reserve Police Force.
7[(3A) Every person who, immediately before the commencement of this Act in that part of the
State to which it is extended by the Bombay State Reserve Police Force (Extension and Amendment)
Act, 1958 (Bom. LXXIV of 1958) , was a member of the Reserve Police Force constituted under the
Saurashtra Reserve Police Force Act, 1955 (Sau. IX of 1955) , or of any armed Reserve Police Force
constituted under any other law for the time being in force, and serving therein in connection with the
affairs of the State of Bombay shall (unless the State Government by order otherwise provides) on such
commencement be deemed to be a member of the Sta te Reserve Police Force consti tuted under this
Act, and accordingly the provisions of this Act shall apply to hi m, and he shall be deemed to be veste d
with the powers, functions and privileges and be subjec t to the liabilities of a member o f such State
Reserve Police Force, or of the relevant grade thereof ; but the pay, rights as respects pension and other
conditions of service applicable to him immediately before the commencement of this Act in that part
of the State shall continue to apply to him until altered, repealed or amended by the State Government
under sub-section (3) but such alteration, repeal or amendment shall be subject to the proviso to sub -
section (1) of section 115 of the States Reorganisation Act, 1956 (XXXVII of 1956).]
1 These words were substituted for the words “Adjutant or Battalion Commander” by Bom. 48 of 1954, s. 2.
2 These words were substituted for the words “Battalion Commander” by Mah. 30 of 1964, s. 2.
3 Short title of the Act has been amended as “the Maharashtra Police Act” by Mah. 24 of 2012, Ss. 2 and 3, Schedule,
entry 45, w.e.f. 1st May 1960.
4 See now the Code of Criminal Procedure, 1973 (2 of 1974).
5 Short title of the Act has been amended as “the Maharashtra Police Act” by Mah. 24 of 2012, Ss. 2 and 3, Schedule,
entry 45, w.e.f. 1st May 1960.
6 Short title of the Act has been amended as “the Maharashtra Police Act” by Mah. 24 of 2012, Ss. 2 and 3, Sc hedule,
entry 45, w.e.f. 1st May 1960.
7 Sub-section (3A) was inserted by Bom. 74 of 1958, s. 5.
1951 : XXXVIII] The Maharashtra State Reserve Police Force Act 7
(4) The State Government or any officer empowered by it in this behalf may,—
(a) divide the State Reserve Police Force in groups ;
(b) sub-divide each group 1* * * * into companies, and each
company into platoons ;
(c) post any group, 2* * company or platoon at such places as the State Government
or the officer empowered by it in this behalf may deem fit.
4. Superintendence, control and administration of Force. — The superintendence of and
control over the State Reserve Police Force shall vest in the State Government ; a nd the State Reserve
Police Force shall be administered by the State Government in accordance with the provisions of this
Act and of any rules made thereunder, through such officers as the State Government may from time to
time appoint in this behalf.
5. Appointment of Commandant, 3[Assistant Commandants and Adjutant.].— (1) The State
Government may appoint for each group a Commandant who shall be a person eligible to hold the post
of a 4[a Superintendent] and an Assistant Commandant 5[and an Adjutant who shall be persons] eligible
to hold the post of an Assistant or a Deputy Superintendent.
(2) Notwithstanding anyt hing contained in sub -section ( 1), the State Govern ment may appoint
such Military Officer as it deems fit to be a Commandant or Assistant Commandant, 6[or Adjutant].
(3) The Commandant, the Assistant Commandant , 7[the Adjutant] and every other officer so
appointed shall have and may exercise such powers and authority as may be provided by or under this
Act.
8[5A. Appointment of 9[Company Commanders and Commanders of Head Quarters
Wings.].— Subject to the general or sp ecial orders of the State Governme nt, the Inspector -General
shall appoint the 10[Company Commanders and the Commanders of Head Quarters Wings.]
6. Enrolment.— (1) Before any person appointed to be a reserve polic e officer joins his
appointment, a declaration in the form in Schedule A shall be read out and if he so desires, explained to
him in the presence of a Commandant or an Assistant Commandant or a police officer not lowe r in
rank than 11[a Superintendent] or a Deputy Commissioner and shall be signed by him in token of his
having undertaken to abide by th e conditions prescribed therein. The declaration shall then be attested
by such Commandant, Assistant Commandant or Police Officer, as the case may be.
(2) No reserve police officer shall resign his appointment except in accordance with the terms of
the declaration signed by him under sub-section (1).
(3) If any reserve police officer resigns in contravention of this section, he shall be liable, without
prejudice to any other penalty imposed by this Act or any othe r law for the time being in force, on the
order of the Commandant, to forfeit all arrears of pay then due to him.
7. Transfer.— (1) Notwithstanding anything contained in this Act or the 12Bombay Police Act,
1951 (Bom. XXII of 1951), it shall be competent to the State Government to transfer members of 13***
1 The words “into battalions, and each battalion” were deleted by Mah. 30 of 1964, s. 3 (a).
2 The word “battalion” was deleted by Mah. 30 of 1964, s. 3 (b).
3 These words were substituted for the words “and Assistant Commandants” by Bom. 48 of 1954, s. 3(4).
4 These words were substituted for the words “a District Superintendent” by Mah. 46 of 1962, s. 3 Sch.
5 These words were substituted for the words “who shall be a person” by Bom. 48 of 1954, s. 3 (1).
6 These words were added by Bom. 48 of 1954, s. 3 (2).
7 These words were inserted by Bom. 48 of 1954, s. 3 (3).
8 Section 5A was inserted by Mah. 30 of 1964, s. 4.
9 These words were substituted for the words “Battalion Commanders” by Mah. 30 of 1964. s. 4.
10 These words were substituted for the words “Battalion Commanders” by Mah. 30 of 1964. s. 4.
11 These words were substituted for the words “a District Superintendent” by Mah. 46 of 1962, s. 3, Sch.
12 Short title of the Act has been amended as “the Maharashtra Police Act” by Mah. 24 of 2012, Ss. 2 and 3, Schedule,
entry 45, w.e.f. 1st May 1960.
13 The words “the armed section of” were deleted by Bom. 48 of 1954, s. 5.
8 The Maharashtra State Reserve Police Force Act [1951 : XXXVIII
the Police Force appointed under the 1Bombay Police Act, 1951 (Bom. XXII of 1951) , to the State
Reserve Police Force established under this Act and vice versa :
Provided that the State Government may delegate its power under sub -section (1) in so far as it
relates to the transfer of members of the subordinate ranks of the respective Police Force to the
Inspector-General.
(2) On the transfer of a member of the Police Force appo inted under the 2Bombay Police Act,
1951 (Bom. XXII of 1951 ), to the State Reserve Police Force established under this Act or vice versa,
he shall be dee med to be a member of the Police Force to which he is transferred and in the
performance of his functions, he shall, subject to such orders as the State Gove rnment may make, be
deemed to be vested with the powers and privileges, an d be subject to the liabilities of a member of
such grade in the Police Force to which he has been transferred as may be specified in the orders.
8. Certificate of appointment to certain reserve police officers, when it is to be returned
back.— (1) 3[A4[Company Commander, Commander of Head Quarters Wing or platoon Commander]]
shall on appointme nt, receive from the Inspector -General of Police a certificate of appointment
containing particulars of his name, age, religion and his previous service, if any.
(2) Every reserve police officer below the rank of a 5[Platoon Commander] shall, on appointment
receive a certificate in the form of Schedule B, which shall be issued under the seal of the
Commandant.
(3) Every person who for any reason ceases to be a rese rve police officer shal l forthwith deliver
up to an officer empowered by the Commandant to receive the same, his certificate of appointment and
the arm s, accoutrements, clothing and other necessaries which have been furnished to him for the
execution of his office.
9. General powers of Commandant. — The Commandant shall, subject to the orders of the
Inspector-General of Police, direct and regulate all matters of arms, drill, exercise, mutual relations,
distribution of du ties, and all the matters of exe cutive detail in the fulfilment of their dutie s by the
members of the group in his charge.
10. General duties of members of State Reserve Police Force. — (1) Every reserve police
officer shall for the purpose of this Act be deemed to be always on duty in the 6[State of Bombay] and
any reserve police officer and any member or body of reserve po lice officers may, if the State
Government or the Inspector -General of Po lice so directs, be employed on active duty for so long as
and wherever the services of the same may be required.
(2) Every direction issued under sub -section (1) shall specify that the duty on which any reserve
police officer or any member or body of such officers is directed to be employed shall be deemed as
active duty for the purposes of this Act.
Explanation.— The direction of the State Government or of the Inspector - General of Police
whether a reserve police officer is required or is on active duty shall be final.
(3) A reserve police officer employed o n active duty under sub -section (1), or when a number or
body of reserve police officers are so employed, the officer in charge of such number or body, shall b e
responsible for the efficient performance of that duty and all police officer s who but for the
employment of one or more reserve police off icers or body of r eserve police officers would be
1 Short title of the Act has been amended as “the Maharashtra Police Act” by Mah. 24 of 2012, Ss. 2 and 3, Schedule,
entry 45, w.e.f. 1st May 1960.
2 Short title of the Act has been amended as “the Maharashtra Police Act” by Mah. 24 of 2012, Ss. 2 and 3, Schedule,
entry 45, w.e.f. 1st May 1960.
3 These words were substituted for the words “An Adjutant, a Battalion Commander” by Bom. 48 of 1954, s. 6.
4 These words were substituted for the words “Battalion Commander or Company Commande r” by Mah. 30 of 1964. s. 5
(a).
5 These words were substituted for the words “Company Commander” by Mah. 30 of 1964, s. 5 (b).
6 These words were substituted for the words “pre -Reorganisation State of Bombay, excluding the transferred territories”
by Bom. 74 of 1958, s. 6.
1951 : XXXVIII] The Maharashtra State Reserve Police Force Act 9
responsible for the performance of that duty wi ll to the best of their ability assist and co-operate with
the said reserve police officer or officers in charge of a number or body of reserve police officers.
11. Reserve police officer to be deemed to be in charge of police station, Circumstances
under which reserve police officer entitled to use force.— (1) When employed on active duty at any
place under sub -section (1) of section 10, the senior reserve police officer of highest rank not being
lower than that of a Naik present shall be de emed to be an officer in charge of a Police Station for the
purpose of Chapter IX of 1the Code of Criminal Procedure, 1898 (V of 1898).
(2) Notwithstanding anything contained in sections 100 and 103 of the Indian Penal Code (XLV
of 1860), a reserve police officer employed as aforesaid may, when there is reasonable apprehension of
assault on himself or any reserve police officer or of damage or harm to any propert y or person which
or whom it is his duty to protect, use such force to the wr ong doer or assailant as may be reasonably
necessary even though the use of such force may involve risk of death of the wrong doer or the
assailant or any other person assisting such wrong doer or assailant.
12. Offence in respect of resignation contrary to provisions. — If any reserve police officer
resigns his appointment in contravention of section 6 he shall be punished with imprisonment for a
term which may extend to one year or with fine which may extend to one thousand rupees or with both.
13. Offence in respect of refusal to deliver certificate of appointment etc. — Any reserve
police officer who wilfully neglects or refuses to deliver up his certificate of appointment or any o ther
article in accordance with sub-section (3) of section 8 shall be punish ed with imprisonment for a term
which may extend to three months or with fine which may extend to five hundred rupees or with both.
214. More heinous offences.— Every reserve police officer who,—
(a) begins, excites, causes or conspires t o cause or joins in any mutiny, or being present at
any mutiny, does n ot use his utmost endeavours to suppress it by force of arms, if necessar y, or
knowing, or having reason to believe in, the existence of any mutiny, or of any intention or
conspiracy to mutiny or of any conspiracy against the State, does not, without delay, give
information thereof to his superior officer present at or near the place ; or
(b) uses, or attempts to use criminal force to, or commits an assault on his superior officer,
knowing or having reason to believe him to be such, whether on or off duty; or
(c) shamefully abandons or deliver s up any post, guard, buildings fortification, or property
which is committed to his charge, or which it is his duty to defend ; or
(d) in the presence of any person in arms against whom it is his duty to act, shamefully casts
away his arms or his ammunition or intentionally uses words or any other me ans to induce any
reserve police officer or any police officer to abstain from acting against any such person in arms
or who is otherwise guilty of cowardice or misbehaviour in the presence of any such person in
arms; or
(e) directly or indirectly holds correspondence w ith, or communicates intelligence to, or
assists, or relieves, any person in arms against the State, or any person conspiring against
Government or public security or any person to be arrested, or omits to disco ver immediately to
his superior officer prese nt, any such corresponde nce or communi cations coming to his
knowledge; or
(f) directly or indirectly sells, gives away, or otherwise disposes, or agrees to, or assists in,
the sale, gift or d isposal of any arms, ammunition or equipment to any such person as aforesaid,
or knowingly harbours or protects any such person ; or
(g) while on active duty,
(i) disobeys the lawful command of his superior officer; or
1 See now the Code of Criminal Procedure, 1973 (2 of 1974).
2 This section shall stand unmodified. (See Bom. Adaptation Order, 1956).
10 The Maharashtra State Reserve Police Force Act [1951 : XXXVIII
(ii) deserts his force or his post ; or
(iii) being a sentry, or otherwise d etailed to remain alert, sleeps at his post or quits it
without being regularly relieved or without leave ; or
(iv) without authority, leaves his Commanding Officer for any purpose whatsoever ; or
(v) uses criminal force to, or co mmits an assault on, any person whom he has not any
reason to be lieve to be in arms against the State and against whom it is his du ty to act, or
without authority breaks into any house or other place for plunder or any illegal purpose or
wilfully and unnecessarily plunders, destroys or damages any property of any kind ; or
(vi) intentionally causes or spread s a false alarm in action or in camp, garrison or
quarters,
shall, on conviction, be punished with rigorou s imprisonment for a term which may extend to
fourteen years and shall also be liable to fine.
Explanation.— A reserve police officer shall be deemed to desert the force if he leaves his place
of duty or postin g without the permission of his superior officer and he shall be deemed to d esert his
post if he leaves any sentry, beat, point, building, veh icle, or other p lace at which or in which he is
specifically ordered by his superior officer to perform the duty assigned to him.
15. Less heinous offences.— Every reserve police officer, who—
(a) assaults or uses or attempts to use criminal force to any sentry ; or
(b) being in command of a guard, picquet or patrol, refuses to receive any prisoner or person
lawfully made over to his charge, or whether in such command or not, releases any prisoner or
person without proper authority or negligently suffers any prisoner or person to escape ; or
(c) being in co mmand of a guard, picquet or patrol, permits any person belonging to such
guard, picquet or patrol to engage himself in gambling or other behaviour prejudicial to good
order and discipline ; or
(d) being under arrest or in c onfinement leaves his arrest or confinement, before he is set at
liberty by lawful authority ; or
(e) is grossly insubordinate to his superior officer in the execution of his office; or
(f) refuses to superintend or assist i n the making or carrying out of any construction of any
description ordered to be made either in quarters or in the field; or
(g) assaults or otherwise ill -uses any reserve police officer with reference to whom he is a
superior officer ; or
(h) designedly or through neglect damages or loses or fraudulently or without due authority
disposes of his arms, clothes, tools, equipment ammunition, accoutrements or other neces saries
furnished to him for the execution of his office or any such arti cles entrusted to him or to any
other person; or
(i) malingers, feigns or produces disease or infirmity in himself or intentionally delays his
cure or aggravates his disease or infirmity ; or
(j) with intent to render himself or any other person unfit for duty, voluntarily causes hurt to
himself or any other person ; or
(k) commits exto rtion or without la wful authority extorts from any person carriage,
porterage or provisions; or
(l) wilfully or negligently ill -treats, injures or causes the death of any animal or damages,
loses or makes away with any animal or vehicle used in the public service ,
shall, on conviction, be punished with rigorou s imprisonment for a term which may extend to six
months or with fine which may extend to five hundred rupees or with both.
1951 : XXXVIII] The Maharashtra State Reserve Police Force Act 11
16. Reserve police officer in command to give information of commission o f offence under
Act by Reserve police officer under his charge. — A reserve police officer who, being in command
of any guard, picquet, party, patrol or detachment and knowing of the commission or of a design to
commit any, offence punishable under section 14 or 15 of this Act, by or on the part of any reserve
police officer under his command, intentionally omits or without reasonable exc use, the burden of
proving which shall lie on him, fails to give information of such commission or design to his superior
officer shall, on conviction, be punished with rigorou s imprisonment for a term which may extend to
six months or with fine which may extend to five hundred rupees or with both.
17. Place of imprisonment and liability to dismissal on imprisonment. — (1) Every person
sentenced under this Ac t to imprisonment may be dismissed from the State Reserve Polic e Force, and
his pay, allowance and any other moneys due to him, as wel l as any medals and decorations received
by him shall further be liable to forfeiture.
(2) Every such person shall, if he is so dismissed, be imprisoned in the prescribed prison, but if he
is not also dismissed from the State Reserve Police Force, he may, if the Court so dire cts, be confined
in the quarter guard or such other place as the Court may consider suitable.
18. Minor punishments.— (1) A Commandant, or subject to the control of the Commandant an
Assistant Commandant, or subject to the sam e control, an officer not below the rank of
Jamadar in independent command of a detachment or an outpost or in temporary command of a Group
Headquarters during the absence of the Commandant or Assistant Commandant may awar d to any
reserve police officer not higher in rank than a 1[Havildar Major] or to any follower subject to his
authority, any of the following punishments for the commission of any offence against discipline which
is not otherwise provide d for in this Act, or which, in the opinion of the Commandant, Assistan t
Commandant or Officer, as the case may be, is not of sufficiently serious nature to call for prosecution
before a criminal Court, that is to say—
(a) punishment drill, extra guard, fatigue or any other duty for a term which may extend,
when the order is passed by the Command ant, to fourteen days, and, when the order is passed by
any other officer, to seven days;
(b) forfeiture of pa y and allowance s or such proportion of pay and allowances as he
considers necessary for a period which may extend, when the order is passed by the
Commandant, to one month and, when the order is passed by any other officer, to ten days;
(c) fine to an amount not exceeding one month's pay :
Provided that—
(i) no power under this sub -section shall be exercised by a Commandant or Assistant
Commandant or other officer not below the rank of Jamadar unless the person to be awarded
any of these punishments is under the command of such officer at the time when the breach
of discipline or misconduct occurred and also when the power is exercised ; and
(ii) when more than one officer are competent under proviso (i) to exercise the power,
the most senior of such officers shall exercise the power.
(2) Any of the punishments specified in sub-section (1) may be awarded separately or with any
one or more of the others :
Provided that fine shall not be awarded in combination with forfeiture of pay or allowances.
(3) No ap peal shall lie from any order of punishment passed under this section except from an
order of punishment of fine as provided in sub-section (4).
(4) An appeal against any order awarding punishment of fine shall lie to the State Government or
to such officer as the State Government may by general or special order specify in this behalf.
(5) When a Commandant or an Assistant Commandant or other officer passes an order under sub-
section (1), he shall enter in a book to be kept for the purpose a brief description of the default, together
with the names of witnesses, explanation of the defaulter and th e order of punishment and shall sign
and date each such order.
1 These words were substituted for the words “Battalion Havildar Major” by Mah. 30 of 1964, s. 6.
12 The Maharashtra State Reserve Police Force Act [1951 : XXXVIII
19. Every reserve police officer to be police officer as defined in Bom. XXII of
1951. — Except as specif ically provided in the f oregoing sections of this Act, every reserve police
officer shall for all purposes be deemed to be a police officer as defined in the 1Bombay Police Ac t,
1951 (Bom. XXII of 1951) , and the provisions of that Act shall , except in so far as they are
inconsistent with the provisions of this Act, apply to every such reserve police officer.
20. Protection for acts of members of Force. — (1) In any suit or proceeding against any
member of the State Reserve Police Force for any act done by h im in pursuance of a warrant or order
of a competent authority, it shall be la wful for him to plead that such act was done by him under the
authority of such warrant or order.
(2) Any such plea may be proved by t he production of the warrant o r order directing the act, and
if it is so prove d, the member of the said Force shall thereupon be discharged from liability i n respect
of the act so done by him, notwithstanding any defect in the juri sdiction of the authority which issued
such warrant or order.
(3) Notwithstanding anything containe d in any other law for the time being in force, any legal
proceeding, whether civil or criminal, which may lawfully be brought against any member of the State
Reserve Police Force for anything done or intended to be done un der the powers conferred by, or in
pursuance of, any provision of this Act, or the Rules thereunder, shall be commenced within six
months after the act complained of was committed and not otherwise, and notice in writing of s uch
proceeding and of the cause thereof shall be given to the defendant or hi s superior officer at least one
month before the commencement of such proceeding :
Provided that such proceedings may, with the sanction of the State Government, be commenced
at any time after the act complained of was committed.
21. Power to make rules. — (1) The State Government may m ake rules not inconsistent with
this Act for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing provisions, such rules
may provide for all or any of the following matters namely :—
(a) regulating the number, classes and grades of the State Reserve Police Force ;
(b) administration of the State Reserve Police Force ;
(c) recruitment, organization, classification and discipline of the members of the subordinate
ranks ;
(d) inspection of the Force ;
(e) description and quantity of ar ms, accoutrements, clothing and other necessaries to be
furnished to the members of the Force.
2[22. Repeal and saving.— On the commencement of this Act, in that part of the State to which
it is extended by the Bombay State R eserve Police Force (Extension, and Amendment) Act, 1958
(Bom. LXXIV of 1958) , the Saurashtra Reserve Police Force Act, 1955 (Sau. IX of 1955) , and any
other law corresponding to this Act or relating to the constitution and regulation, of an armed Reserve
Police Force, and in force, in that part of the State, shall stand repealed :
Provided that such repeal shall not affect—
(a) the previous operation of the law so repealed, or
(b) any penalty, forfeiture or punishment incurred in respect of any offence committed
against any of the provisions of the law so repealed, or
(c) any investigation, legal proceeding or remedy in respect of such penalty, for feiture or
punishment as aforesaid,
1 Short title of the Act has been amended as “the Maharashtra Police Act” by Mah. 24 of 2012, Ss. 2 and 3, Schedule,
entry 45, w.e.f. 1st May 1960.
2 Section 22 was inserted by Bom. 74 of 1958, s. 7.
1951 : XXXVIII] The Maharashtra State Reserve Police Force Act 13
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced
and any such penalty, forfeiture or punishment may be imposed, as if this Act had not come into force
in the relevant part of the State :
Provided further, that subject to the pr eceding proviso, anything done o r any action taken
(including any appointments made, certificates issued, rules or orders, made, or directions-given) by or
under the provisions of the law so repealed shall, in so far.as such thing or action is not inconsistent
with the provisions of this Act, be deemed to have been done or taken und er the cor responding
provisions of this Act.]
SCHEDULE A
(See Section 6)
Form of declaration to be signed before joining appointment in the
State Reserve Police Force.
I, (Name in full) …………………………………………………………………………………….
…………………………………………………………………………………..(designation in the case
of a member of a police force/address in the case of a direct recruit) ……………………………………
…………………………………………………………………………………………………………….
declare that—
(1) I am willing to serve, wherever posted, in the State Reserve Police Force,
(2) I shall not be entitled to resign my appointment in the State Reserve Police Force or to
apply for a transfer to any other Police Force until I have completed the prescribed period of
service in the State Reserve Police Force, and
(3) I shall not be entitled to resign my appointment or to apply for the transfer in the manner
specified in ( 2) above even after the completion of the prescribed period of service, if on the
relevant date I am on active duty or if my resignation or transfer as the case may be would cause
the vacancies in my Group to exceed such percentage of the sanction ed strength of the Group as
may for the time being have been prescribed by the State Government.
Signature in token of the above declaration
having been read out and explained to the ……………………………………
declarant and of his having understood and ……………………………………
accepted it.
Date ……………………………...
Place ……………………………..
Signed in my presence after I had satisfied myself that (Name in full) …………………………….
……………………………………………………………………………………………………….
(designated in the case of a member of a Police Force/full address in the case of a direct recruit)
……………………………………………………………………………………………………….
………………………………………………………………………………………………...…has
understood and accepted the declaration and signed it in my presence.
Signature……………………………………
Commandant
or
Designation of the Officer before whom Assistant Commandant
the declaration is signed. or
Police Officer.
Date………………………………
Place……………………………...
14 The Maharashtra State Reserve Police Force Act [1951 : XXXVIII
SCHEDULE B
(See section 8)
Form of Certificate for a State Reserve Police Officer below the
rank of a 1[Platoon Commander].
A. B. has been appointed to the State Reserve Police Force in the 2[State of Maharashtra] and is
vested with the powers, functions and privileges of a Reserve Police Officer under the Bombay State
Reserve Police Force Act, 1951 (Bom. XXXVIII of 1951).
(Signature)……………………………………
Commandant,
State Reserve Police Force,
Group…………………………………...
………………………………………….
1 These words were substituted for the words “Company Commander” by Mah. 30 of 1964, s. 7.
2 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
Seal
of the
Commandant.