Maharashtra Police Act

5.
Special measures for Maintenance of Public Order and Safety of State

The Maharashtra Police Act, 1951, includes several provisions to maintain public order and
ensure the safety of the state, particularly through the regulation of additional police
deployment, compensation for damages, and preventive actions against individuals or
groups posing a risk to public safety. The following is an overview of the special measures
provided under Chapter V of the Act:
(1) Section 47 - Additional Police on Application:
Any individual or entity can request additional police to maintain law and order. This
typically happens during public events or in areas where peace may be threatened. The
applicant bears the cost, and if they no longer need the additional police, they must give
written notice to the authorities, who will withdraw the police after a designated period.
(2) Section 48 - Additional Police for Large Works or Public Events:
For large-scale works or public gatherings that could disrupt traffic or public order,
additional police may be employed. If there are concerns about the behavior of workers
or participants, authorities can deploy extra police to ensure safety. The cost for these
additional police services is charged to the person or organization responsible for the
event or project.
(3) Section 49 - Dispute Over Costs:
If a dispute arises regarding the costs of deploying additional police, the decision of the
District Magistrate (or another relevant authority) is final. Any unresolved costs are
recoverable as arrears of land revenue.
(4) Section 50 - Additional Police in Disturbed Areas:
In areas that are considered dangerous or disturbed, the government has the authority to
deploy additional police. The cost for this is recovered from residents, businesses, or
property owners in the affected area through a special tax. The government may exempt
certain individuals from bearing these costs, depending on the situation.
(5) Section 51 - Compensation for Injury Caused by Unlawful Assemblies:
If property damage, injury, or death occurs due to an unlawful assembly, the government
can declare the area a "disturbance area." Compensation for the damage is assessed by
the District Magistrate, who determines how much is owed and who is responsible for
paying. Residents, landlords, or businesses may be liable to pay compensation in
proportion to their responsibility. Certain individuals may be exempt from paying
compensation.
(6) Section 52 - Award of Compensation:
The District Magistrate, with state government approval, decides how compensation for
damages caused by unlawful assemblies is distributed. Claims must be filed within 45
days, and no legal claims can be made against the awarded compensation.
(7) Section 53 - Functions of the Chief Presidency or District Magistrate:
These magistrates are tasked with carrying out duties under Sections 51 and 52. Their
functions must align with the general or special orders given by the State Government.
(8) Section 54 - Recovery of Costs and Compensation:
If additional police or compensation for damage caused by unlawful assemblies is
imposed under Sections 50 or 51, landlords can recover up to 75% of this cost (referred
to as the "riot tax") from their tenants.
(9) Section 55 - Dispersal of Gangs or Bodies of Persons:
If groups or gangs cause public alarm or suspicion, authorities (particularly in Greater
Bombay and other areas under the jurisdiction of a Commissioner) have the power to
disperse such gatherings. The leaders of these groups can be directed to leave the area or
conduct themselves peacefully to prevent violence.
(10) Section 56 - Removal of Persons About to Commit an Offense:
Authorities can take preventative action by ordering a person, whose movements or
actions may cause alarm or pose a risk of committing an offense, to leave the area. This
is especially applicable for offenses under Chapters XII, XVI, or XVII of the Indian
Penal Code, and in cases where a person’s actions threaten public order or the supply of
essential commodities.
(11) Section 57 - Removal of Persons Convicted of Certain Offenses:
Individuals convicted of offenses under specific sections of the Indian Penal Code, the
Bombay Prohibition Act, and other statutes can be ordered to leave certain areas to
prevent them from committing similar offenses.
(12) Section 57-A - Removal of Declared Beggars:
Beggars, declared as such under the Bombay Prevention of Begging Act, may be
removed from certain areas unless they accept employment under the State
Government’s provisions.
(13) Section 58 - Period of Operation of Orders:
Orders issued under Sections 55, 56, 57, or 57-A to prevent individuals from entering
certain areas are valid for up to two years from the date of the individual’s removal.
(14) Section 59 - Hearing Before Passing Orders:
Before issuing an order to disperse or remove a person under Sections 55, 56, 57, or 57-
A, authorities must inform the individual of the allegations against them and provide an
opportunity to respond. The individual has the right to legal representation during this
process, and witnesses may be called for examination.
(15) Section 60 - Appeal Process:
If a person is aggrieved by an order under Sections 55, 56, 57, or 57-A, they have the
right to appeal to the State Government within 30 days.
(16) Section 61 - Procedure for Failure to Leave the Area or Re-entry After Removal:
If a person ordered to leave an area under Sections 55, 56, 57, or 57-A fails to comply,
they can be arrested and removed from the area. Written permission can be granted for
temporary re-entry, but if the person violates the conditions of their return, they may be
arrested again.
(17) Section 63 - Temporary Permission to Re-enter an Area:
The State Government or an authorized officer can grant temporary permission to
individuals ordered to leave an area to re-enter under certain conditions. However, if they
violate the conditions, they may be arrested again.
(18) Section 63-AA - Externment Powers of the State Government:
The State Government holds similar powers to Commissioners or Magistrates under
Sections 55, 56, and 57, allowing them to order individuals to leave and stay out of
certain areas. Arrest and removal procedures apply to these orders as well.
(19) Section 63-A - Control of Camps and Uniforms:
The government can prohibit gatherings or parades involving arms or military exercises
that threaten public safety. It can also restrict the wearing of uniforms resembling police
or military uniforms in certain circumstances.
(20) Section 63-B - Village Defense Parties:
District Superintendents can form voluntary village defense parties to protect local areas.
These members, aged between 20-50, will receive training and have police-like powers
when on duty. In some districts, these powers may be assigned to Home Guards.

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5.

Special measures for Maintenance of Public Order and Safety of State

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