LexThe Maharashtra Police Act.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1951 : XXII] 1
THE MAHARASHTRA POLICE ACT
[Text as on 22nd November 2024]
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CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
SUPERINTENDENCE, CONTROL AND ORGANISATION OF THE POLICE FORCE
3. One Police force for the whole of the State of Maharashtra.
4. Superintendence of Police Force to vest in the State Government.
5. Constitution of Police Force.
6. Director-General and Inspector-General, Additional and Deputy Inspector General.
7. Commissioner.
8. Appointment of Superintendent and Additional, Assistant and Deputy Superintendent.
8A. Appointment of Director of Police Wireless and of Superintendent , Assistant and Deputy
Superintendents for Wireless System, Motor Transport System of any specific duty.
9. Appointment of Principals of Police Training Institutions.
10. Deputies to Commissioner.
11. Assistant Commissioners within jurisdiction of Commissioners.
12. Constitution of divisions and sections.
12A. Officers in charge of divisions and sections Inspectors.
13. [Deleted].
14. Certificate of appointment.
15. Effect of suspension of Police Officer.
16. General powers of Commissioner and Superintendent.
17. Control of District Magistrate over Police Force in district.
18. Power of District Magistrate to require reports from Superintendent.
19. Power of supervision by District Magistrate.
20. Power of Director-General and Inspector-General and Commissioner to investigate and
regulate matters of Police accounts.
21. Special Police Officers.
22. Appointment of Additional Police.
22A. Appointment of Railway Police.
2 The Maharashtra Police Act [1951 : XXII
CHAPTER II-A
22B. State Security Commission.
22C. Police Establishment Board No. 1.
22D. Functions of Police Establishment Board No. 1.
22E. Police Establishment Board No. 2.
22F. Functions of Police Establishment Board No. 2.
22G. Police Establishment Boards at Range Level.
22H. Functions of Police Establishment Board at Range Level.
22I. Police Establishment Board at Commissionerate Level.
22J. Functions of Police Establishment Board at Commissionerate Level.
22J-1. Police Establishment Board at District Level.
22J-2. Functions of Police Establishment Board at District Level.
22J-3. Police Establishment Board at Levels of Specialized Agencies.
22J-4. Functions of Police Establishment Board at Levels of Specialized Agencies.
22K. Police Establishment Boards to comply rules and regulation.
22L. Erstwhile Police Establishment Boards cease to exist.
22M. Power of State Government not to be affected.
22N. Normal tenure of Police Personnel, and Competent Authority.
22N-1. Maximum percentage of transfer in a year.
22O. Separation of Investigation Police from law and Order Police.
22P. State Police Complaints Authority.
22Q. Powers and functions of State Police Complaints Authority.
22R. Report to be submitted to State Government.
22S. Division Level Police Complaints Authority.
22T. Prosecution for false complaint against Police Officer.
CHAPTER III
REGULATION, CONTROL AND DISCIPLINE OF THE POLICE FORCE
23. Framing of rules for administration of the Police.
24. Director-General and Inspector-General or Commissioner, may call for returns.
25. Punishment of the members of the subordinate ranks of the Police Force departmentally
for neglect of duty, etc.
Punitive powers of Director -General and Inspector -General, Commissioner, Deputy
Inspector-General (including Director of Police Wireless) and Superintendent and
Principal of Training Institution.
26. Procedure to be observed in awarding punishment.
27. Appeals from orders of punishment.
27A. Power of State Government or Director General and Inspector General to call for record of
any Inquiry or proceeding.
27B. Power of State Government or Director General and Inspector General to review order
passed under sections 25, 27 or 27A.
1951 : XXII] The Maharashtra Police Act 3
27C. Power to make rules.
28. Police officers to be deemed to be always on duty and to be liable to employment in any
part of the State.
Intimation of proposed transfers to be given by the Director General and Inspector General
to the Commissioner and District Magistrate.
29. Under what conditions Police officer may resign.
Arrear of pay of a Police officer contravening this section may be forfeited.
30. Certificate, arms, etc., to be delivered up by person ceasing to be a Police officer and if not
delivered up may be seized under a search warrant.
Saving of certain articles.
31. Occupation of and liability to vacate premises provided Police officers.
32. State Government may make order under section 144 of Act V of 1898.
CHAPTER IV
POLICE REGULATIONS
33. Power to make rules for regulation of traffic and for preservation of order in public place,
etc.
33A. Prohibition of performance of dance in eating house, permit room or beer bar and other
consequential provisions.
33B. [Deleted].
34. Competent authority may authorise erection of barriers on streets.
35. Power to make rules prohibiting disposal of the dead except at places set apart.
36. Power of Commissioner or the Superintendent and of other officers to give direction to the
public.
37. Power to prohibit certain acts for prevention of disorder.
38. Power to prohibit, etc., continuance of music, sound of noise.
39. Issue of orders for prevention of riot, etc.
Compensation to lawful occupier of building or place closed or taken possession of.
Disputes as to compensation to be settled.
40. Issue of orders for maintenance of order at religious ceremonials, etc.
41. Police to provide against disorder, etc., at places of amusement and public meetings.
Police to have free access thereto.
42. [Deleted].
43. District Magistrate may take special measures to prevent outbreak of epidemic disease at
fair, etc.
44. Destruction of stray dogs.
45. Destruction of suffering or unfit animals.
46. Power under this Chapter to be exercised by Sup erintendent subject to the control of
District Magistrate and Commissioner and by District Magistrate subject to the control of
State Government.
4 The Maharashtra Police Act [1951 : XXII
CHAPTER V
SPECIAL MEASURES FOR MAINTENANCE OF PUBLIC ORDER AND SAFETY OF STATE
I. Employment of additional Police, recovery of cost thereof and of riot
compensation—its assessment and recovery.
47. Employment of additional Police on application of a person.
48. Employment of additional Police at large works and when apprehension regarding
behaviour of employees exists.
49. Recovery of cost of additional Police employed under sections 47 and 48.
50. Employment of additional Police in cases of special danger to public peace.
51. Compensation for injury caused by unlawful assembly, how recoverable, da te to be fixed
for liability.
52. District Magistrate to award or apportion compensation.
53. District Magistrate to discharge function under orders of State Government.
54. Proportionate recovery of the cost of additional Police and compensation for loss caused
by unlawful assembly.
II. Dispersal of Gangs and Removal of Persons convicted of certain
offences and of certain beggar.
55. Dispersal of gangs and bodies of persons.
56. Removal of persons about to commit offence.
57. Removal of persons convicted of certain offences.
57A. Removal of certain persons declared to be beggars.
58. Period of operation of orders under sections 55, 56, 57 and 57 A.
59. Hearing to be given before order under sections 55, 56, 57 or 57A is passed.
60. Appeal.
61. Finality of orders passed by State Government in certain cases.
62. Procedure of failure of person to leave the area and his entry therein after removal.
63. Temporary permission to enter or return to the area from which a person was directed to
remove himself.
63AA. Powers of externment of State Government and officers specially empowered.
III. Control of camps, etc., and uniforms, etc.
63A. Control of camps, parades, etc., and banning use of uniforms, etc.
IV. Village Defence Parties.
63B. Constitution of village defence parties.
CHAPTER VI
EXECUTIVE POWERS AND DUTIES OF THE POLICE
64. Duties of a Police officer.
65. Power to enter places of public resort.
Power to search suspected persons in a street.
66. Duties of Police officers towards the public.
1951 : XXII] The Maharashtra Police Act 5
67. Police to regulate traffic, etc., in streets.
68. Persons bound to conform to reasonable orders of Police.
69. Power of Police officer to restrain, remove, etc.
70. Enforcement of orders issued under section 37, 38, or 39.
71. Duty of Police to see orders issued under section 43, 55, 56, 57, 57A or 63AA are carried
out.
72. When Police officer may arrest without warrant.
73. When police may arrest without a warrant.
73A. [Deleted].
74. Powers with regard to offences under Act LIX of 1960.
75. Power of Magistrate to return animal to person from whose possession it was taken.
76. Veterinary officer to examine the animal.
77. Animal to be dealt with under Act LIX of 1960.
78. Power of Police officer to unsaddle the animal or unload.
79. Power of Police to arrest without warrant when certain offences committed in his presence.
80. Other powers of arrest.
81. Refusal to obey warning or to accompany Police.
82. Police to take charge of unclaimed property.
83. Intestate property over four hundred rupees in value.
84. Intestate property over four hundred rupees in value.
85. Procedure in other cases.
Power to sell perishable property at once.
86. Delivery of property to person entitled.
Power to take security.
87. In default of claim, property to be at disposal of State Government.
88. Procedure not affected by Indian Succession Act or Administrator -General’s Act or
Regulation VIII of 1827 or corresponding law.
89. Police officer may take charge of stray cattle.
90. Power to establish cattle-pounds and appoint pound-keepers.
90A. Penalty for allowing cattle to stray in street or to trespass upon private or public property.
91. Impounding of cattle.
92. Delivery of cattle claimed.
93. Sale of cattle not claimed.
94. Rate to be fixed by notification.
95. Powers as to inspection, search and seizure of false weights and measures.
96. Procedure to be followed by officers and Magistrates in certain cases.
97. A Superior Police officer may himself perform duties imposed on his inferior, etc.
98. Emergency duties of Police.
6 The Maharashtra Police Act [1951 : XXII
CHAPTER VII
OFFENCES AND PUNISHMENTS
99. Disregarding the rule of the road.
Leaving cattle, etc., insufficiently tended.
100. Causing obstruction or mischief by animal.
101. Exposing animal for hire or sale, etc.
102. Causing any obstruction in a street.
103. Obstructing a footway.
104. Exhibiting mimetic, musical or other performances, etc.
105. Doing offensive acts on or near street or public place.
106. Letting loose horse, etc., and suffering ferocious dogs to be at large.
107. Bathing or washing in places not set apart for those purposes.
108. Defiling water in public wells, etc.
109. Obstructing bathers.
110. Behaving indecently in public.
111. Obstructing or annoying passengers in the street.
112. Misbehaviour with intent to provoke a breach of the peace.
113. Prohibition against flying kite.
114. [Repealed].
115. Committing nuisance in or near street, etc.
116. Disregard of notice in public building.
117. Penalties for offenders under sections 99 to 116.
118. Penalty for failure to keep in confinement cattle, etc.
119. Punishment for cruelty to animals.
120. Wilful trespass.
121. False alarm of fire for damage to fire-alarm.
122. Being found under suspicious circumstances between sunset and sunrise.
123. Carry weapon without authority.
124. Possession of property of which no satisfactory account can be given.
125. Taking spirits into public hospitals, or into barracks or on boards of vessels of war.
126. Omission by pawn -brokers, etc., to report to Police possession or tender of property
suspected to be stolen.
127. Melting, etc., of such property.
128. Taking pledge from child.
129. Permission of disorderly conduct at places of public amusement, etc.
130. Cheating at games.
130A. Gambling in street.
131. Penalty for contravening rules, etc., under section 33.
1951 : XXII] The Maharashtra Police Act 7
131-AA. Liability of licensee of place of public entertainment for acts of servants.
131-A. Penalty for not obtaining licence in respect of place of public entertainment, or certificate
or registration in respect of eating house or for not re newing such licence or certificate
within prescribed period.
132. Penalty for disobedience to order under section 31.
133. Penalty for contravening rules, etc., under section 35.
134. Penalty for contravention of rules, etc., under section 36.
135. Penalty for contravention of rules, or directions under section 37, 39 or 40.
136. Penalty for contravening rules, etc., made under section 38.
137. Penalty for contravening rules, etc., made under section 41.
138. [Deleted].
139. Penalty for contravention of a regulation made under section 43.
140. Penalty for contravening directions under section 68.
141. Penalty for contravention of directions under section 55, 56, 57, 57A or 63AA.
142. Penalty for entering without permission ar ea from which a person is directed to remove
himself or outstaying when permitted to return temporarily, or for failure to report place or
residence or departure or arrival.
143. Penalty for failure to surrender in accordance with sub-section (3) of section 63.
143A. Penalty for contravention of order under section 63A.
143B. Dangerous performances.
144. Neglect or refusal to serve as Special Police Officer.
145. Penalty for making false statement, etc., and for misconduct of Police Officers.
Consequence of failure to return to duty after leave.
146. Penalty for failure to deliver up certificate of appointment or of office or other article.
147. Vexatious entry, search, arrest, etc., by Police Officer.
148. Penalty for vexatious delay in forwarding a person arrested.
149. Penalty for opposing or not complying with direction given under section 70.
149A. Penalty for unauthorised use of Police uniform.
150. Jurisdiction when offender is a Police Officer above the rank of constable.
151. Prosecution for certain offences against the Act to be in the discretion of the Police.
151A. Summary disposal of certain cases.
152. Prosecution for offences under other enactments not affected.
CHAPTER VIII
MISCELLANEOUS
153. Disposal of fees, rewards, etc.
154. No Municipal or other rates to be payable by State Government on Police building.
155. Method of proving orders and notifications.
156. Rules and orders not invalidated by defect of form or irregularity in procedure.
8 The Maharashtra Police Act [1951 : XXII
157. Presumption in prosecutions for contravention of directions issued under section 55, 56,
57, 57A or 63AA.
157A. Officers holding charge of, or succeeding to vacancies competent to exercise power.
158. Forfeiture of bond entered into by person permitted to enter or return to the area from which
he was directed to remove himself.
159. No Magistrate or Police officers to be liable to penalty or damage for act done in good faith
in pursuance of duty.
160. No public servant liable as afor esaid for giving effect in good faith to any rule, order or
direction issued with apparent authority.
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 within the prescribed period.
In suits as aforesaid one month’s notice of suit to be given with sufficient desc ription of
wrong complained of.
Plaint to set forth service of notice and tender of amends.
162. Licences and written permission to specify conditions, etc., and to be signed.
Revocation of licences, etc.
When licence revoked, etc., grantee to be deemed without licence.
Grantee to produce licence, etc., when required.
163. Public notices how to be given.
164. Consent, etc., of a competent authority may be proved by writing under his signature.
165. Signature on notices, etc., may be stamped.
166. Persons interested may apply to State Government to annual, reverse or alter any rule or
order.
When a suit shall lie to the District Court to declare rule or order unlawful.
167. Repeal and saving.
168. Saving of laws relating to Village Police and Reserve Police.
SCHEDULE I
SCHEDULE II
SCHEDULE III
SCHEDULE IV
1951 : XXII] The Maharashtra Police Act 9
LIST OF AMENDMENT ACTS
1. Amended by Bom. 21 of 1952
2. Amended by Bom 18 of 1953
3. Amended by Bom 20 of 1953
4. Amended by Bom 21 of 1954
5. Amended by Bom. 28 of 1954
6. Amended by Bom. 57 of 1954
7. Amended by Bom. 6 of 1955
8. Amended by Bom. 1 of 1956
9. Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects)
Order, 1956.
10. Amended by Bom. 8 of 1958
11. Amended by Bom. 34 of 1959
12. Amended by Bom. 37 of 1959
13. Amended by Bom. 56 of 1959
14. Amended by Bom. 10 of 1960
15. Amended by Bom. 25 of 1949 as amended by Bom. 22 of 1960.
16. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
17. Amended by Mah. 2 of 1960
18. Amended by Mah. 38 of 1961
19. Amended by Mah. 30 of 1962
20. Amended by Mah. 46 of 1962
21. Amended by Mah. 24 of 19641
22. Amended by Mah. 28 of 1964
1 Section 7 of Mah. 24 of 1964 reads as under:—
“7. Retrospective effect to sections 2 to 6 and indemnity to Officers, etc.— (1) The amendments made to the principal
Act by sections 2 to 6 (both inclusive) of this shall be deemed to have been made and come into force on the 2 0th day of
November 1963.
(2) All acts done in good faith by any Police Officer or Additional Police Officer, Veterinary Officer or Magistrate in
pursuance or intended pursuance of the powers conferred on him by sections 73 to 77 (both inclusive) of the principal Act
as amended by this Act during the period from the 20th November 1963 the date of commencement of the Bombay Police
(Amendment) Act, 1964 (Mah. XXIV of 1964) shall be deemed to be and always, be deemed to have validly done, and no
such acts shall be deemed to be invalid or called in question on the ground only that the said powers in purported exercise
of which the said acts were done were not at the time when the said acts were done lawfully vested in him; and all such
Officers and Magistrates are hereby indemnified and discharged from civil and criminal liability in respect of such Acts.”
10 The Maharashtra Police Act [1951 : XXII
23. Amended by Mah. 13 of 1965
24. Amended by Mah. 45 of 1967
25. Amended by Mah. 2 of 1969
26. Amended by Mah. 29 of 1970
27. Amended by Mah. 24 of 1971
28. Amended by Mah. 37 of 1973 (1- 4 -1974)
29. Amended by Mah. 1 of 1974 (1-11-1977)
30. Amended by Mah. 18 of 1974 (1-5-1975)
31. Amended by Mah. 61 of 1974 1(4-11-1974)
32. Amended by Mah. 15 of 1976 2(13-2-1976)
33. Amended by Mah. 7 of 1981 3(27-8-1980)
34. Amended by Mah. 33 of 1981 (15-7-1981)
35. Amended by Mah. 32 of 1987 4(7-8-1987)
36. Amended by Mah. 3 of 1995 5(17- 4 -1995)
37. Amended by Mah. 40 of 2000 (9-10-2000)
38. Amended by Mah. 35 of 2005 (14-8-2005)
1 Maharashtra Ordinance No. XIX of 1974 was repealed by Mah. 61 of 1974, s. 3.
2 Maharashtra Ordinance No. III of 1976 was repealed by Mah. 15 of 1976, s. 5.
3 Maharashtra Ordinance No. XI of 1980 was repealed by Mah. 7 of 1981, s. 19.
4 Maharashtra Ordinance No. IV of 1987 was repealed by Mah. 32 of 1987, s. 6.
5 Sections 4 and 6 of Mah. 3 of 1995 reads as under :—
“4. Amendment of certain notifications and orders issued under sec tion 55 of Bom. XXIII of 1951. — All
notifications or orders issued under section 55 of the principal Act, relating to special empowerment by the State
Government of the District Magistrate, Sub-Divisional Magistrate or Superintendent for the purposes of that section shall
be deemed to have been duly and validly issued by the State Government under that section as amended by this Act, but
subject to the modification that the word “specially” appearing therein shall be deleted and shall be deemed always to have
been deleted.”.
“6. Validation and saving.— (1) Notwithstanding anything contained in any judgement, decree or order of any court,—
(a) any notification or order empowering the District Magistrate or Sub -Divisional Magistrate or Superintendent
issued under section 55 of the principal Act, before the commencement of this Act;
(b) any notification issued by any District Magistrate, Sub-Divisional Magistrate or Superintendent giving a direction
under section 55 of the principal Act, before the commencement of this Act;
(c) any order passed by the State Government under section 60 of the principal Act, before the commencement of
this Act, shall be and shall be deemed to be valid and effective as if such notification or order had been duly issued or
passed under the principal Act, as amended by this Act, in accordance with law; and no suit, appeal, application or other
proceeding, shall lie or be maintained or continued in any court or before any officer or other authority for declaring such
notification or order as invalid or for claiming any damages whatsoever, on the ground that any such notification or order
was without the authority of law.
(2) For the removal of doubts, it is he reby declared that nothing in sub -section (1) shall be construed as preventing a
person from questioning in accordance with the provisions of the principal Act, as amended by this Act, any order passed
by the District Magistrate, Sub-Divisional Magistrate, Superintendent or the State Government.”
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
1951 : XXII] The Maharashtra Police Act 11
39. Amended by Mah. 2 of 2009 1(23-10-2008)
40. Amended by Mah. 24 of 2012 (22-8-2012)
41. Amended by Mah. 15 of 2014
42. Amended by Mah. 24 of 20142, 3 (1-2-2014)
43. Amended by Mah. 11 of 20154 (16-2-2015)
44. Amended by Mah. 12 of 2016 (18-04-2016)
45. Amended by Mah. 11 of 2023
46. Amended by Mah. 27 of 20235
47. Amended by Mah. 21 of 2024
1 Maharashtra Ordinance No. IX of 2008 was repealed by Mah. 2 of 2009, s. 5.
2 Maharashtra Ordinance no. VIII of 2014 was repealed by Mah. 24 of 2014, s. 5.
3 Section 6 of Mah. 24 of 2014 reads as under:—
“6. Power to remove difficulty. — (1) If any difficulty arises in giving effect to the provisions of the principal Act, as
amended by this Act, the State Government may, by order published in the Official Gazette, give such directions, not
inconsistent with the provisions of this Act, as may appear to it to be necessary expedient for the purpose of removing the
difficulty:
Provided that, no such order shall be made after the expiry of the period of two years from the date of commencement of
this Act.
(2) Every order made under sub -section (1) shall be laid, as soon as may be, after it is made, before each House of the
State Legislature.”
4 Maharashtra Ordinance No. II of 2015 was repealed by Mah. 11 of 2015, s. 8(1).
5 Section 6 of Mah. 27 of 2023 reads as under:—
“6. Saving. — Anything done or any action taken by the Special Commissioner of Police in exercise of the powers
conferred on him under any orders issued by the State Government for the discharge of duties under the principal Act, shall
be deemed to have been done or taken, as the case may be, in accordance with the provisions of the principal Act as
amended by the Maharashtra Police (Amendment) Act, 2023 (Mah. XXVII of 2023).”
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
12 The Maharashtra Police Act [1951 : XXII
1951 : XXII] The Maharashtra Police Act 13
ACT NO. XXII OF 19511
[THE MAHARASHTRA POLICE ACT.]2
[This Act received the assent of the President on the 1st June 1951; assent was first published
in the Bombay Government Gazette, Part IV, on the 11th June 1951.]
An Act to Consolidate and Amend the law for the regulation of the
Police Force in the State of Bombay.
WHEREAS, it is expedient to amalgamate the District and 3[Brihan Mumbai] Police Forces 4[and
the Police Forces of the Saurashtra, Kutch and Hyderabad areas, and of the Vidarbha Region of the State
of Bombay] into one common Police Force and to introduce uniform methods regarding the working
control of the said Force throughout the State; And whereas it is necessary to consolidate and amend the
law relating to the regulation of the said Force and the exercise of powers and performance of functions
by the State Government and by the members of the said Force for the maintenance of public order ; And
whereas, it is necessary to provide for certain other purposes hereinafter appearing ; It is hereby enacted
as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.— (1) This Act may be called 5[the Maharashtra Police
Act].
6[(2) It extends to the whole of the State of 7[Maharashtra].
8(3) It shall come into force 9[in the pre-Reorganisation State of Bombay] on such date as the State
Government may, by notification in the Official Gazette 10[specify in this behalf, and in that part of the
State to which it is extended by the Bombay Police (Extension and Amendment) Act, 1959
(Bom. XXXVI of 1959) , it shall come into force on such other date as the Government may by like
notification specify].
2. Definitions.— In this Act, unless there is anything repugnant in the subject or context,—
(1) “cattle” includes elephants, camels, horses, asses, mules, sheep, goats and swine;
11[(1A) “Competent Authority” means the competent Authority mentioned in section 22N;]
(2) “Corporation” means a Corporation constituted under the Bombay Municipal Corporation
Act (Bom. III of 1888) or the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of
1949) 12[and the City of Nagpur Corporation Act, 1948 (C. P. and Berar II of 1950)];
(3) the expression “competent authority” when used with reference to the exercise or
performance of any power, duty or function under the provisions of this Act, means—
1 For statement of Objects and Reasons see Bombay Government Gazette, 1950, Part V, page 324; for Report of the Select
Committee, see ibid, 1951, Part V, pages 34-88.
2 This Act was extended to that part of the State of Bombay to which immediately before the commencement of
Bom. 34 of 1959, it did not extend (vide Bom. 34 of 1959, s. 2).
3 These words were substituted for the words “Greater Bombay” by Mah. 27 of 2023, s. 5.
4 These words were substituted for the words “in the State of Bombay” by Bom. 34 of 1959, s. 3.
5 The short title of the Act was substituted for “the Bombay Police Act, 1951” by Mah. 24 of 2012, s. 2 Schedule, entry 45,
w.e.f. 1-5-1960.
6 This sub-section was substituted for the original by Bom. 34 of 1959, s. 4 (1).
7 This word was substituted for the word “Bombay” by the Maharashtra Adaptation of Laws (State and Concurrent Subject)
Order, 1960.
8 Sub-section (3) shall stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subject) Order,
1960.
9 The words were inserted by Bom. 34 of 1959, s. 4 (2).
10 These words were substituted for the words “specify in this behalf” by Bom. 34 of 1959, s. 4 (2).
11 This clause was inserted by Mah. 24 of 2014, s. 2 (a).
12 This was added by Bom. 34 of 1959, s. 5 (1).
14 The Maharashtra Police Act [1951 : XXII
(a) in relation to 1[Brihan Mumbai] and other areas for which a Commissioner of Police
is appointed under section 7, the Commissioner;
(b) in relation to the areas other than those referred to in clause ( a), the District
Magistrate or the 2[Superintendent] or the Additional Superintendent when specially
empowered in that behalf by the State Government ;
3[(c) in relation to a revenue division the Revenue Commissioner;]
4[(4A-1) “Constabulary” means Police Constable, Police Naik, Police Head Constabl e and
Assistant Sub-Inspector;]
(4) “constable” means a police officer of the lowest grade;
5[(4A) “dancing school” means any place (by whatever name called) where dancing of any
kind is taught to, or practised by, persons on admission thereto either on payment of fees or with
or without any other consideration; but does not include any institution where dancing is taught or
practised as one of the subjects of its curriculum and the institution is for the purposes of this Act
duly recognised by the Government or any officer duly authorised by Government in that behalf;]
(5) “district” means a territorial division constituting a dis trict for the purposes of the 6Code
of Criminal Procedure, 1898 (V of 1898), but does not include 7[any area for which a Commissioner
of Police has been appointed under section 7];
8[(5A) “eating house” means any place to which the public are admitted, and where any kind
of food or drink is supplied for consumption in the premises by any person owing or having an
interest in or managing such place, and include a refreshment room, boarding-house, coffee-house
or a shop where any kind of food or drink is supplied to the public for consumption in or near such
shop; but does not include “place of public entertainment”;]
9[(6) “Director General and Inspector General”, “Additional Director General and Inspector
General”, “Special Inspector General”, “Commissioner” 10[“Special Commissioner”], “Joint
Commissioner”, “Additional Commissioner”, “Deputy Inspector General”, “Deputy
Commissioner”, “Assistant Commissioner”, “Superintendent”, “Additional Superintendent”,
“Assistant Superintendent” and “Deputy Superintendent” means, respectively, the Director General
and Inspector General of Police, Additional Director General and Inspector General of Police,
Special Inspector General of Police, Commissioner of Police, 11[Special Commissioner of Police]
Joint Commissioner of Police, Additional Commissioner of Police, Deputy Inspector General of
Police (including the Director of Police Wireless and Deputy Inspector General of Police, Police
Motor Transport appointed under section 8A), Deputy Commissioner of Police, Assistant
Commissioner of Police, Superintendent of Police (including a Superintendent appointed under
section 8A or 22A), Additional Superintendent of Police, Assistant Superintendent of Police and
Deputy Superintendent of Police, appointed or deemed to be appointed under this Act;]
12[(6A) “General Transfer” means posting of a Police Personnel in the Police Force from one
post, office or Department to another post, office or Department in the month of April and May of
every year, 13[after completion of normal tenure as mentioned in sub-section (1) of section 22 N];
1 These words were substituted for the words “Greater Bombay” by Mah. 27 of 2023, s. 5.
2 This word was substituted for the words “District Superintendent” by Mah. 46 of 1962, s. 3, Sch.
3 Sub-clause (c) was inserted by Mah. 2 of 1960, s. 2.
4 This Clause was inserted by Mah. 11 of 2015, s. 2 (a).
5 Clause (4A) was inserted by Mah. 1 of 1974, s. 2.
6 See now the Code of Criminal Procedure, 1973 (2 of 1974).
7 This portion was substituted for the words “Greater Bombay” by Bom. 56 of 1959, s. 3, Sch.
8 Clause (5A) was inserted by Mah. 2 of 1969, s. 2 (a).
9 Clause (6) was substituted by Mah. 40 of 2000, s. 2.
10 The signs and words were inserted and shall be deemed to have been inserted with effect from the 4 th January 2023 by
Mah. 27 of 2023, s. 2 (a).
11 There words were inserted and shall be deemed to have been inserted with effect from the 4th January 2023 by Mah. 27 of
2023, s. 2 (b).
12 These clauses were inserted by Mah. 24 of 2014, s. 2 (b).
13 These words were substituted for the words “after completion of normal tenure of two years” by Mah. 11 of 2015,
s. 2 (b).
1951 : XXII] The Maharashtra Police Act 15
(6B) “Mid-term Transfer” means transfer of a Police Personnel in the Police Force other than
the General Transfer;]
1[(7) “municipality” means a municipality or municipal borough established under any law
for the time being in force in any part of the State, but does not include a Municipal Corporation;]
2[(7A) “Municipal Commissioner”, in relation to the Municipal Corporation of the City of
Nagpur, means the Chief Executive Officer by whatever name called ;]
(8) “place” includes a building, a tent, a booth or other erection, whether permanent or
temporary, or any area whether enclosed or open ;
(9) “place of public amusement” means any place where music, singi ng, dancing, or any
diversion or game, or the means of carrying on the same, is provided and to which the public are
admitted either on payment of money or with the intention that money may be collected from those
admitted and includes a race course, circu s, theatre, music hall, billiard room, bagatelle room,
gymnasium, fencing school, swimming pool or dancing hall;
3[(10) “Place of public entertainment” means a lodging-house, boarding and lodging-house or
residential hotel, and includes any eating house in which any kind of liquor or intoxicating drug is
supplied (such as a tavern, a wine shop, a beer shop or a spirit, arrack, toddy, ganja, bhang or opium
shop) to the public for consumption in or near such place ;]
4[(10A) “Police Establishment Board No.1” , “Police Establishment Board No.2”, “Police
Establishment Board at Range Level” 5[, “Police Establishment Board at Commissionrate Level”
“Police Establishment Board at District Level” and Police Establishment Board at the Levels of
Specialized Agencies”] means the Boards constituted under sections 22C, 22E, 22G 6[, 22I, 22J-1
and 22J-3], respectively;]
(11) “Police Officer” means any member of the Police Force appointed or deemed to be
appointed under this Act and includes a special or an Additional Polic e Officer a ppointed under
section 21 or 22;
7[(11A) “Police Personnel” means any member of the Police Force appointed or deemed to be
appointed under this Act;
(11B) “post” means any post created on the establishment of Director General and Inspector
General of Police and includes the posts assigned for Police Personnel on State or Central
deputation;]
(12) “prescribed” means prescribed by rules;
(13) “public place” includes the foreshore, the precincts of every public building or
monument, and all places accessible to the public for drawing water, washing or bathing or for the
purpose of recreation;
8[(13A) “Revenue Commissioner” means the Commissioner of a Division app ointed under
section 6A of the 9Bombay Land Revenue Code, 1879 (Bom. V of 1879);]
(14) “rules” means rules made under this Act;
10[(14A) “section” means section of this Act;
1 This clause was substituted for the original by Bom. 34 of 1959, s. 5 (4).
2 This clause was inserted by Bom. 34 of 1959, s. 5 (5).
3 Clause (10) was substituted by Mah. 2 of 1969, s. 2 (b).
4 This clause was inserted by Mah. 24 of 2014, s. 2 (c).
5 These words were substituted for the words “and Police Establishment Board at Commissionerate Level” by Mah. 11 of
2015, s. 2 (c) (i).
6 These figures, letters and word shall be substituted for the word, figures and letter “and 22I” by Mah. 11 of 2015,
s. 2 (c) (ii).
7 These clauses were inserted by Mah. 24 of 2014, s. 2 (d).
8 This clause was inserted by Bom. 8 of 1958, s. 3 Schedule.
9 See now Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).
10 These clauses were inserted by Mah. 24 of 2014, s. 2 (e).
16 The Maharashtra Police Act [1951 : XXII
1[(14A-1) “Specialized Agencies” means Crime Investigation Department, State Intelligence
Department, Protection of Civil Rights, Anti -Corruption Bureau, State Reserve Police Force,
Anti-Terrorist Squad, Highway Traffic 2[Department, Police Communication, Information
Technology and Motor Transport Department] and Training Directorate;]
(14B) “State Government” means the Government of Maharashtra;
(14C) “State Police Co mplaints Authority” and “Division Level Police Complaints
Authority” means the Authorities constituted under sections 22P and 22S, respectively;
(14D) “State Security Commission” means the State Security Commission constituted under
section 22B;]
(15) “street” includes any highway, bridge, way over a causeway, via-duct, arch, quay, or
wharf of any road, lane, footway, square, court, alley or passage accessible to the public, whether
a thoroughfare or not ;
(16) “subordinate ranks” means members of the Poli ce Force below the rank of the
Inspector ;
(17) “vehicle” means any carrying, cart, van, dray, truck, hand cart or other conveyance of
any description and includes a bicycle, a tricycle, a rickshaw, an automatic car, a vessel or an
aeroplane.
CHAPTER II
SUPERINTENDENCE, CONTROL AND ORGANISATION OF THE POLICE FORCE
3. One Police Force for the 3[whole of the 4[State of Maharashtra]].— There shall be one Police
Force for the 5[whole of the 6[State of Maharashtra]] 7[and such Police Force shall include every Police
Officer referred to in clause (6) of section 2] :
Provided that, the members of the Police Forces constituted under any of the Acts mentioned in
Schedule I immediately before the coming into force of this Act 8[in the relevant part of the State] shall
be deemed to be the members of the said Police Force.
4. Superintendence of Police Force to vest in the State Government. — The Superintendence
of the Police Force throughout 9[the 10[State of Maharashtra]] vests in and exercisable by the State
Government and 11[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].
5. Constitution of Police Force.— Subject to the provisions of this Act—
(a) the Police Force shall consist of such number in the several ranks and have such
organization and such powers, functions and duties as the State Government may by general or
special order determine ;
1 This clause was inserted by Mah. 11 of 2015, s. 2 (d).
2 These words were inserted by Mah. 21 of 2024, s. 2.
3 These words were substituted for the words “whole State” by Bom. 34 of 1959, s. 6.
4 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
5 These words were substituted for the words “whole of the State” by Bom. 34 of 1959, s. 6.
6 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State a nd
Concurrent Subjects) Order, 1960.
7 These words, brackets and figures shall be deemed always to have been inserted by Mah. 32 of 1987, s. 3.
8 These words were inserted by Bom. 34 of 1959, s. 6.
9 These words were substituted for the words “the State” by Bom. 34 of 1959, s. 7.
10 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
11 This portion shall be deemed always to have been substituted for the portion b eginning with the words “any control” and
ending with the words “such superintendence” by Mah. 32 of 1987, s. 4.
1951 : XXII] The Maharashtra Police Act 17
(b) the recruitment, pay, allowances and all other conditions of service of the Police Force
shall be such as may from time to time be determined by the State Government by general or special
order:
Provided that,—
1[(i) the rules and orders governing the recruitment, pay, allowances and other conditions
of service of the members of the Police Force constituted under any of the Acts mentioned in
Part I or II of Schedule I and deemed to be the members of the Police Force under section 3,
shall continue in force until altered or cancelled under clause (b); but in the case of members
of the Police Force constituted under any of the Acts men tioned in Part II of that Schedule
such alteration or cancellation shall subject to the proviso to sub-section (7) of section 115 of
the State Re-organisation Act, 1956 (XXXVII of 1956);]
(ii) nothing in this clause shall apply to the recruitment, pay, all owances and other
conditions of service of the members of the Indian Police and Indian Police Service.
6. 2[Director-General and Inspector-General], Additional and Deputy Inspector General.—
(1) 3[Subject to the provisions of section 4, for the directio n and supervision] of the Police Force, the
State Government shall appoint an 4[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.
5[(a) The State Government may appoint one or more Additional Director General and
Inspector General, one or more Special Inspector General and one or more Deputy Inspector
General.
(b) The State Government may direct that any of the powers, functions, duties and
responsibilities and the authority of the Director General and Inspector General may be exercised,
performed or discharged, as the case may be, by an Additional Director Ge neral and Inspector
General or a Special Inspector General or a Deputy Inspector General.
(c) The State Government may also by a general or special order direct that an Additional
Director General and Inspector General or a Special Inspector General or a Deputy Inspector
General shall assist and aid the Director General and Inspector General in the performance, exercise
and discharge of his powers, functions, duties, responsibilities and authority in such manner and to
such extent as may be specified in the order.]
6[(1A) The Director General and Inspector General of Police shall be selected by the State
Government from amongst the four senior most Police Officers from the Cadre, on the basis of their
length of service, very good record, range of experience , integrity and professional ability for heading
the Police Force.
(1B) Once appointed, the Director General and Inspector General of Police shall have a minimum
tenure of at least two years, subject to his age of superannuation. The Director General and I nspector
General of Police may, however, be relieved of his responsibility by the State Government consequent
upon any action taken against him under the All India Services (Discipline and Appeal) Rules, 1969 or
following his conviction in a court of law or in a case of corruption, or guilty of gross dereliction of his
duty or if he is otherwise incapacitated from discharging his duty.]
7. Commissioners.— (Excerpt shown. Open the full act in Lexace.