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Superintendence, Control And Organization Of The Police Force Under The Maharashtra Police Act 1951

Chapter II from sections 3 to 22-A of The Maharashtra Police Act 1951 deals with Superintendence, control and organization of the Police Force

Sec 3. One Police Force for the whole of the State of Maharashtra. �

There shall be one Police Force for the whole of the State of Maharashtra and such Police Force shall include every Police officer referred to in clause (6) of section 2]:

Sec 4. Superintendence of Police Force to vest in the State Government. �

The State Government in Maharashtra has complete control over the Police Force in the state. The government official from the Home Department, who might be called Secretary, Home Secretary, Special Secretary, Additional Chief Secretary, or something similar, oversees and manages the police force.

Sec 5. Constitution of Police Force.
  1. The State Government in Maharashtra can decide how many police officers there should be, how they are organized into different ranks, and what authority and responsibilities they have.
  2. The recruitment, pay, allowances and all other conditions of service of the Police Force shall be determined by the State Government by general or special order:
    �Nothing in this clause shall apply to the members of the Indian Police and Indian Police Service.
Sec 6. Inspector-General, Additional and Deputy Inspector-General
  1. The state government appoints a top police officer known as the Director-General and Inspector-General of Police. This officer has specific powers and duties defined by the government.
  2. Additionally, the government can appoint other high-ranking police officers and delegate certain powers and responsibilities to them. These additional officers can also assist and support the Director-General in their duties as directed by the government's orders.

Sec 7. Commissioner
The State Government can:
  1. Choose a Police Officer to be the Commissioner of Police for Greater Bombay or other specified areas, as announced officially.
  2. Appoint additional senior officers like Additional Commissioners of Police and Joint Commissioners for these areas.
  3. The Commissioner of Police has specific powers and responsibilities as defined by the law and government orders, which can be general or specific in nature.

Sec 10. Deputies to Commissioner
  1. The State Government can appoint one or more Deputy Commissioners of Police in Greater Bombay or in areas where a Commissioner is already appointed.
  2. These Deputy Commissioners of Police work under the orders of the Commissioner and can perform many of the same powers and duties as the Commissioner. However, they cannot exercise certain powers, such as the ability to create, change, or cancel rules under section 33.

Sec 11. Assistant Commissioners within jurisdiction of Commissioners
  1. The State Government can appoint Assistant Commissioners of Police for areas where a Commissioner of Police has been appointed under section 7.
  2. These Assistant Commissioners have specific powers and responsibilities that they can perform according to the law or as assigned by the Commissioner, but they cannot exercise certain powers like making, changing, or canceling rules under section 33, which is reserved for the Commissioner
Sec 12. Constitution of Divisions and Sections.
The Commissioner of Police, under the control of the State Government, can do the following for the area under their responsibility:
  1. Create police divisions.
  2. Break those divisions into smaller sections.
  3. Define the boundaries and size of these divisions and sections.
Each division will be led by an Assistant Commissioner, and each section will be led by an Inspector of Police

Sec 12A. Inspectors.
Inspectors in the police force can be appointed by the Commissioner for their specific area or by the Director-General and Inspector-General for other areas.These appointments are made based on the general or special orders given by the State Government.

Sec 14. Certificate of appointment
  1. When a police officer, typically of the rank of Inspector or below, is appointed, they receive a certificate as proof of their appointment.( As Provided In Schedule II ) This certificate is issued under the authority of a designated officer as directed by the State Government.
  2. If the person named in the certificate leaves the police force or is suspended, the certificate becomes invalid or ineffective during that period.

Sec 15. Effect of suspension of Police Officer.
when a police officer is suspended from their duties, they lose their powers, functions, and privileges temporarily. However, they still remain a police officer and are under the authority and control of the same officials as if they were not suspended.

Sec 16. General Powers of Commissioner and Superintendent
The Commissioner Is subject to the orders of the Director-General and Inspector-General and The Superintendent subject to the orders of the Director-General and Inspector-General and the District Magistrate,

They have the authority to oversee and manage various aspects of the police force's activities. This includes things like handling weapons, training, monitoring people and events, coordinating duties, understanding laws and procedures, and managing day-to-day tasks to ensure the police force operates effectively within their respective areas of responsibility.

Sec 17. Control of District Magistrate over Police Force in district:
  1. The Superintendent (head of police) and the entire police force in a district are under the authority of the District Magistrate.
  2. The District Magistrate must follow rules and orders set by the State Government for managing the police force, and they must also obey lawful orders from the Revenue Commissioner.
Sec 18. Power of District Magistrate to require reports from Superintendent:
The District Magistrate has the authority to ask the Superintendent of Police for reports, either specific or general, on various matters related to crime, repeat offenders, keeping the peace, controlling gatherings and events, deploying police officers, assessing the behavior of subordinate police officers, using additional resources, and any other matters related to maintaining order and controlling the police force.

Sec 19. Power of supervision by District Magistrates:
  1. If the District Magistrate notices that a police officer working under the Superintendent is not suitable for their job or is ineffective for that area's needs, the District Magistrate can ask the Superintendent to replace that officer with another. The Superintendent must follow this request.
  2. However, if the officer is of a higher rank than an Inspector, the District Magistrate can report their behavior to the Director-General and Inspector-General. The Director-General and Inspector-General will then decide what action to take and inform the District Magistrate of their decision.

Sec 20. Power of Director-General and Inspector-General and Commissioner to investigate and regulate matters of Police accounts

The Director-General and Inspector-General, statewide, and the Commissioner in their specific area, can investigate and manage all the matters related to the police. Everyone involved must cooperate with them, provide necessary assistance, and follow their instructions as long as they are in line with the State Government's orders.

Sec 21. Special Police Officers:
  1. The Commissioner, Superintendent, or a specially authorized Magistrate can appoint a capable man between the ages of 18 and 50 as a Special Police Officer. This appointment happens with a written order, the officer's signature, and their seal. It's done when there's a fear of a riot or serious disturbance of peace, and the regular police force isn't enough to protect people and property.
  2. Special Police Officers, once appointed, receive a certificate approved by the State Government. They have the same powers, rights, and responsibilities as regular police officers, along with the same duties and obligations.
Sec 22. Appointment of Additional Police Officers:
  1. Additional police officers can be employed or sent for a specific period, with determined pay, as decided by the authority specified in the law for this purpose.
  2. When appointed, these additional police officers receive a certificate approved by the State Government. The certificate specifies the powers, rights, and duties they have. They also follow the orders of the Commissioner or Superintendent, depending on the case.
  3. These additional police officers can be requested by anyone needing extra police assistance. The cost of employing them will be collected in the manner explained by this law or any other applicable law.
Sec 22A. Appointment of Railway Police.
The State Government can create special police districts covering specific railway areas and appoint police officers for them.

These officers handle railway-related policing and other assigned tasks, following the State Government's orders. Some can act like station officers in their areas. They have regular police powers and responsibilities throughout the state, and the Superintendent of Police can delegate some of their powers with State Government approval.

Written By: Harshavardhan Prakash Deshmukh
, 4th Year Of B.A.LL.B. - Modern Law College, Pune,

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